Probation - Definition - Law Dictionary Home Dictionary Definition probation

Definition :

Probation, connotes a period of trial, Ajudhia Nath Dhingra v. Union of India, 1976 Sim LJ 357.

Means a sort of 'locus pententiae' to the employer to observe the work, ability, efficiency, sincerity, and competence of the servant and if he is found not suitable for the post, the master reserves the right to dispense with his service without anything more during or at the end of the prescribed period which is styled as period of probation, Parshotam Lal Dhingra v. Union of India, AIR 1958 SC 36: 1958 (1) LLJ 544: 1958 SCJ 217.

Probation. (1) Proof generally. (2) Suspension of a final appointment to an office until a person tempo-rarily appointed (who is called a 'probationer') has by his conduct proved himself to be fit to fill it. (3) Treatment of an offender under the (English) Probation of Offenders Act, 1907 (7 Edw. 7, c. 17).

By s. 1 of this Act where any person is charged before a Court of summary jurisdiction and the Court thinks that the charge is proved, but is of opinion that, having regard to the character, antecedents, age, health, or mental condition of the person charged, or to the trivial nature of the offence, or to the extenuating circumstances under which the offence was committed, it is inexpedient to inflict any real punishment, or that it is expedient to release the offender on probation, the Court may make an order either (1) dismissing the charge; or (2) discharging the offender condi-tionally.

Where any person has been convicted of any offence punishable with imprisonment, and the Court is of opinion that, having regard to the like circum-stances, it is inexpedient to inflict any real punish-ment, or that it is expedient to release the offender on probation, the Court may discharge him conditionally.

The court may, in addition to any such order, order the offender to pay damages and costs, and if the offender is under the age of sixteen years, and the parent or guardian of the offender has conduced to the commission of the offence, the Court may order payment of such damages and costs by such parent or guardian. See (English) Children and Young Persons Act, 1933 (23 & 24 Geo. 5, c. 12), s. 86.

The (English) Criminal Justice Act, 1925 (15 & 16 Geo. 5, c. 86) provides for the appointment of probation officers for every probation area. A recognisance under this Act cannot contain a condition to abstain from intoxicating liquor, R. v. Davies, (1909) 1 KB 892. The 1907 Act has been amended by the (English) Criminal Justice Administration Act, 1914, ss. 7-9, and the Criminal Justice Acts, 1925 and 1926.

Period of probation gave a sort of locus poenitentiae to the employer to observe the work, ability, efficiency, sincerity and competence of the servant and if he is found not suitable for the post, the master reserved a right to dispenses with his service without anything more during or at the end of the prescribed period which is styled as period of probation. Period of probation may vary from post to post or master to master. And it is not obligatory on the master to prescribe a period of probation. It is always open to the employer to employ a person without putting him on probation. Power to put the employee on probation for watching his performance and the period during which the performance is to be observed is the prerogative of the employer, Ajit Singh v. State of Punjab, AIR 1983 SC 494 (498): (1983) 2 SCC 217.