084f2db8c6 Victory of good over evil, justice over injustice, was accepted as an innumerable universal rule. It treats the whole man as healthy man & every man is born good and so the modern principles of penology and reform and rehabilitation of the offender ought to guide and inform the Indian criminal courts. Morals are applied after taking into consideration individual cases whereas application of law is Uniform. It encourages accountability, healing & closure for all. Thus it is reformative technique of treatment & rehabilitation of offenders. In Sheela Barse case[xvii] the Apex Court had released children below the age of 16 years detained in jails all over the country. Although there is not much opposition to the theory or ideological basis for restorative or transformative justice, there is some contention as to whether or not it will work in practice. According to this theory crime is like a disease.
It suggests that instead of prisoners being allowed to idle in jail, they should be properly taught, educated and trained so as to adjust themselves to normal life in the community after their release from penal institution. It is only due to his mental instability. Delinquency is an act or behaviour which is not normal. [i] Crime is present in all societies of all types; there is no society that is not confronted with the problem of criminality. In all his judgments he tried to incorporate reformative values into the prison administration. The word Probation has its origin in Latin word probare which means to prove or to test. 33. The Probation of Offenders Act, 1958 has been passed with a similar object in view. To administer justice is an essential function of the state and it is the duty of the state to provide a peaceful environment to its people. Causes of Juvenile Delinquency are:-.