Probation Violations And Revocation
I. JUDICIAL PRECEDENTS ON HOUSE ARREST
House arrest is often used as (i) a form of custody during investigation, (ii) a condition for bail, or (iii) a mode of detention under judicial supervision. Indian courts have increasingly recognized its constitutional and procedural implications.
1. Gautam Navlakha v. NIA (2021, Supreme Court of India)
Key Issue: Whether house arrest can be treated as “custody” for the purpose of computing 90-day default bail under Section 167 CrPC.
Court’s Findings:
The Supreme Court held that house arrest can legally be considered “custody” under Section 167 CrPC if imposed by a judicial order.
The Court acknowledged that house arrest has historical and international legitimacy, citing examples from other nations.
However, in Navlakha’s specific case, the Court found that the conditions of his house confinement were not equivalent to a judicially ordered custody and thus did not count toward the 90-day period for default bail.
Legal Significance:
This is the first major ruling recognizing house arrest as a valid form of custody under Indian criminal procedure.
Opened the door for house arrest as an alternative to overcrowded prisons for elderly or vulnerable accused persons.
2. Arnab Goswami v. State of Maharashtra (2020, Supreme Court of India – Bail Conditions Case)
Although not an explicit house-arrest case, it involves the Court’s observations on restrictive conditions while granting bail.
Court’s Observations:
Bail conditions must not be so severe that they effectively become a form of detention.
The Court held that restrictions on mobility must balance personal liberty with the needs of investigation.
Relevance:
This case is frequently cited to argue that courts cannot indirectly impose “house arrest” through disproportionately harsh bail conditions.
3. United States v. Polouizzi (2008, U.S. Court of Appeals, 2nd Circuit)
Issue: Whether strict house arrest with electronic monitoring constitutes “custody” for sentence credit.
Findings:
The Court ruled that house arrest is not equivalent to imprisonment unless restrictions mirror institutional confinement.
House arrest permits limited mobility and greater privacy and therefore does not count for full sentence credit.
Importance:
This case draws a distinction between incarceration and home confinement, useful when interpreting custody under bail and sentencing regimes.
4. United States v. Traitz (1988, U.S. Court of Appeals, 3rd Circuit)
Issue: Imposing house arrest as a bail condition for racketeering defendants.
Court’s Conclusion:
The Court upheld strict house arrest with curfew conditions as legitimate bail restrictions under the Bail Reform Act.
It emphasized that such restrictions are permissible when needed to:
prevent witness tampering
ensure appearance at trial
Legal Impact:
This case strengthened the idea that house arrest is a valid intermediate measure between release and detention.
5. The Delhi Riots Cases – Various Orders (2020–2022, Delhi High Court)
Several accused persons sought relaxation of bail conditions that amounted to near-house arrest.
Court’s Reasoning:
Restrictions such as daily reporting, limited movement, or residence-based confinement must be proportionate.
Courts held that conditions approaching “virtual house arrest” violate Article 21 unless absolutely necessary.
Significance:
Indian High Courts have repeatedly emphasized proportionality of movement restrictions in bail orders.
II. JUDICIAL PRECEDENTS ON CURFEWS
Curfews are typically imposed during emergencies, communal tension, or public order situations. Courts evaluate curfews under Articles 14, 19, and 21 of the Constitution.
6. Anuradha Bhasin v. Union of India (2020, Supreme Court of India)
Issue: The validity of movement restrictions and curfews in Jammu & Kashmir after August 2019.
Court’s Findings:
Restrictions like curfews must satisfy tests of necessity, proportionality, and periodic review.
Orders imposing curfews must be:
specific
published
limited in time
subject to judicial review
Significance:
This landmark ruling established the constitutional framework for evaluating curfews and mobility restrictions in India.
7. Madhu Limaye v. Sub-Divisional Magistrate (1970, Supreme Court of India)
Issue: Abuse of Section 144 CrPC, often used to impose blanket curfews.
Court’s Observations:
Section 144 orders are preventive, not punitive, and cannot be used to restrict fundamental rights without justification.
Any order resembling a general curfew requires strong evidence of imminent danger.
Importance:
It is the foundational precedent limiting the misuse of curfew-like restrictions under Section 144.
8. Babulal Parate v. State of Maharashtra (1961, Supreme Court of India)
Issue: Legitimacy of imposing curfew-type restrictions under Section 144 during political unrest.
Court’s Findings:
Upheld the power of the executive to impose curfew under urgent circumstances.
But emphasized that:
restrictions must be temporary
they cannot be used arbitrarily
they must be based on material evidence
Importance:
This case is often cited to show that curfew powers exist but are subject to judicial scrutiny.
9. Ramlila Maidan Incident v. Home Secretary (2012, Supreme Court of India)
Issue: Police action and imposition of curfew-style restrictions during a public protest.
Court’s Conclusion:
Imposing sudden movement restrictions (near-curfew) without adequate justification violates Article 19(1)(a) and 19(1)(b).
The Court stressed procedural fairness and proportionality.
Significance:
This precedent protects public assembly from arbitrary curfew-like interventions.
III. COMPARATIVE INSIGHTS
House Arrest
Recognized as a legitimate form of custody (Gautam Navlakha).
Must be judicially ordered, not created indirectly through harsh bail conditions.
Foreign courts (US) treat it as a pre-trial restriction, not full imprisonment.
Curfews
Must meet tests of:
necessity,
proportionality,
least restrictive means,
periodic review
as seen in Anuradha Bhasin and earlier Madhu Limaye.
Cannot be used as a blanket tool to restrict public liberties.
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