Chellammal vs State 2025 INSC 540 - S.4 Probation of Offenders Act - Ss. 360,361 CrPC - S. 498A IPC
Probation of Offenders Act, 1958 - Section 4 - Unless applicability is excluded, in a case where the circumstances stated in sub- section (1) of Section 4 of the Probation Act are attracted, the court has no discretion to omit from its consideration release of the offender on probation; on the contrary, a mandatory duty is cast upon the court to consider whether the case before it warrants releasing the offender upon fulfilment of the stated circumstances. The question of grant of probation could be decided either way. In the event, the court in its discretion decides to extend the benefit of probation, it may upon considering the report of the probation officer impose such conditions as deemed just and proper. However, if the answer be in the negative, it would only be just and proper for the court to record the reasons therefor. (para 28) The report of the probation officer referred to in sub-section (2) of Section 4 of the Probation Act is a condition precedent and, therefore, must be complied with by the trial courts and the high courts. Importantly, it has also been held that the courts may not be bound by such report.(Para 30)
Code of Criminal Procedure 1973 - Section 360,361 ; Probation of Offenders Act, 1958 - Section 4 - While Section 360 permits release of an offender, more twenty-one years old, on probation when he is sentenced to imprisonment for less than seven years or fine, Section 4 of the Probation Act enables a court to exercise its discretion in any case where the offender is found to have committed an offence such that he is punishable with any sentence other than death or life imprisonment. Additionally, the non-obstante clause in sub-section gives overriding effect to sub-section (1) of Section 4 over any other law for the time being in force. Also, it is noteworthy that Section 361, Cr. PC itself, being a subsequent legislation, engrafts a provision that in any case where the court could have dealt with an accused under the provisions of the Probation Act but has not done so, it shall record in its judgment the special reasons therefor. (Para 26)
Indian Penal Code 1860 - Section 498A - Fine is not an alternative to imprisonment. (Para 9)
Very important Supreme Court judgment on Probation of Offenders Act:
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Unless applicability is excluded, in a case where circumstances stated in Section 4(1) of the Probation Act are attracted, a mandatory duty is cast upon the court to consider whether the case before it warrants… https://t.co/RsvK24GnqE pic.twitter.com/BPPPNvcHnP