Showing : 1-10 of 44 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 3, 4-- Benefit of probation - Distinction between S.360 Cr.P.C and provisions under 1958 Act - Court is required to seek report from Probation Officer under 1958 Act before allowing an offender benefit of probation apart from satisfying other conditions - Whereas, there is no such limitation while..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 360-- Benefit of probation - Provision of S.360 Cr.P.C is in addition to provisions of 1958 Act or Children Act or any other law for the time being in force for treatment, training or rehabilitation of youthful offenders...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 360, Indian Penal Code, 1860, Section 325, 34-- Benefit of probation - Offence u/ss 325, 34 IPC - Offence u/s 325 IPC is punishable for a term which may extend to seven years - Sentence imposed upon accused is of 1 year - Finding of High Court that S.360 Cr.P.C shall not have any application is misreading of bare provisions of Cr.P.C -..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 326, 325, 324, 323, 148, 149, Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 4-- Offence u/ss 326, 325, 324, 323, 148, 149 IPC - Benefit of probation - Offence u/s 326 IPC which carries a sentence of Life Imprisonment cannot be compounded either u/s 360 Cr.P.C or u/s 4 of Probation of Offenders Act - Conviction upheld - However, taking into account other factors like passage..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 360, Essential Commodities Act, 1955, Section 7-- Probation - Offence u/s 7 of 1955 Act - Accused are first offenders and having no criminal antecedents - Therefore, accused be dealt u/s 360 Cr.P.C. - Ends of justice will be served by granting benefit of probation...........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Probation of Offenders Act, 1958, Section 4, Criminal Procedure Code, 1973, Section 360-- Release of offender - Legality of order - Before releasing accused on probation, Court required to get and consider report of probation officer concerned - Considering the nature and character, present case is not a fit case u/s 360 Cr.P.C. - More so, subsequent release on probation is..........
TRIPURA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 489C-- Probation - Offence u/s 489-C IPC - Benefit of probation cannot be granted for offence u/s 489-C IPC...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 360-- Provision of S.360 Cr.P.C is inapplicable to the State of H.P, as Probation of Offenders Act is in force in the State...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 307, Criminal Procedure Code, 1973, Section 360-- Attempt to murder - Benefit of probation - Accused inflicted knife blow in the abdomen of injured after taking undue advantage of position of injured - A brutal attack perpetuated by accused calls for both a deterrent and a retributive punishment - Sentence of four years cannot be said too severe..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 4, General Clauses Act, 1897, Section 8-- Benefit of probation - Applicability of two Statues - Scope of S.4 of 1958 Act is wider than S.360 Cr.P.C. - Two statues with significant differences cannot be intended to co-exist at the same time in same area - Such co-existence would lead to anomalous results - However, by virtue of S.8(1) of..........

Showing : 1-10 of 44 Results