Rehabilitation Over Incarceration: An Analysis of Probation Laws in the Criminal Justice System of Pakistan

Abstract

The criminal justice system (CJS) of Pakistan is heavily relying on incarceration which it has inherited from colonial legislations. However, policymakers now have acknowledged its limitations in its capacity for rehabilitation of offenders. Scholars advocate for a shift towards more humane approaches like community rehabilitation and restorative justice, with probation being its key component. This study examines the benefits of effective utilization of probation laws in the CJS of Pakistan. Probation offers a viable alternative to alleviate prison overpopulation. The paper underscores the need to prioritize rehabilitation over incarceration due to the deteriorating conditions of our prisons. This research is conducted to highlight the importance of effective use probation laws keeping in due regard to the international best practices for reintegration of offender and decreasing recidivism. It concludes that it is imperative to prioritize the implementation of probation laws over incarceration for effective offender reintegration in our society.