Report No. 64
5.41. Distinction between "protective home" and "corrective" institution.-
That suggestion has also dealt with one other aspect of the matter.1 We have referred earlier2 to the suggestion for making a distinction between "protective homes" and "corrective" institutions. Carrying the same approach further, the suggestion now is that the court should, under section 10, have a discretion to send the convicted person to a corrective institution. It is stated that the wording used in the definition-section 2(g)(ii)-for "corrective institutions" is the same as is used normally for Borstal institutions. Borstal institutions are meant not for first offenders or for those who show minor deviant traits, but are intended for those who appear to be taking to life of crime, having already committed two to three offences.
In the existing provisions, "corrective institution" is supposed to be a step towards leniency. It has been suggested that such, an institution really conform to the standards of Borstal ihstitutions, and seek to train, re-educate and re-adjust the personalities of those who are seriously disturbed or are disorderly, The scheme set forth in the suggestion, therefore, is that ordinarily, the court should-
(i) admonish the person in case of first offence;
(ii) try extra-mural probation, in case a second offence;
(iii) order probation with residential requirements (institutionalised probation) in case of a third offence; and
(iv) order corrective training thereafter.
Imprisonment may be used, along with binding down orders under section 12, when the person convicted appears to be incorrigible after receiving corrective training, and supervision, and after care under the same. Further, the extra-mural probation mentioned above may include compulsory attendance and counselling and guidance services, as well as requirements for joining educational or training institutions or subjecting oneself to medical treatment. The institutionalised probation mentioned above may include Special Homes and Hostels, where vocational as well as social rehabilitation may be attempted by professionally trained persons in small home-like atmosphere affording personal guidance and counselling. All these can be arranged under the Probation of Offenders Act, 1958. We appreciate the spirit underlying the suggestion, but it raises several important issues and we proceed to consider the relevant aspects in detail.
1. Suggestion of the Central Bureau of Correctional Services.
2. See discussion relating to section 2(g), definition of "protective home".