International Journal For Multidisciplinary Research

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Probation And Parole: Effectiveness as Alternatives to Imprisonment

Author(s) Aarti Chauhan
Country India
Abstract The study examines the evolving framework of probation and parole within India’s new criminal justice architecture under the Probation of Offenders Act, 1958, the Bharatiya Nyaya Sanhita, 2023, and the Bharatiya Nagarik Suraksha Sanhita, 2023. It explores how the legislative shift from purely custodial to community-based sanctions redefines correctional policy, embedding non-custodial measures such as community service, structured supervision, and reparative obligations. Through doctrinal and interpretative analysis, the paper evaluates whether these reforms can alleviate prison overcrowding while maintaining victim protection and due process. The Bharatiya Sakshya Adhiniyam is examined for its evidentiary role in validating electronic supervision records, whereas the Digital Personal Data Protection Act, 2023 introduces vital privacy safeguards for data management in community corrections. Judicial and administrative developments, including Supreme Court and High Court rulings, have strengthened procedural accountability by standardising timelines, conditions, and recall mechanisms. The research also integrates criminological rationales—rehabilitation, restorative justice, and proportionality—with victimological considerations to promote balanced reform. The findings underscore the importance of harmonising constitutional clemency powers with statutory frameworks, digital data compliance, and victim-centric safeguards. Ultimately, the study advocates a national, data-governed model of probation and parole that enhances transparency, reinforces supervision integrity, and establishes community service as a credible, restorative alternative to imprisonment within the Indian correctional paradigm.
Keywords Probation and Parole, Bharatiya Nyaya Sanhita, Community Service, Victim Rights and Data Protection, Non-Custodial Sentencing, Criminal Justice Reform in India
Published In Volume 7, Issue 6, November-December 2025
Published On 2025-11-12
DOI https://doi.org/10.36948/ijfmr.2025.v07i06.60361
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