It implies depravity and wickedness of character or disposition of the person charged with the particular conduct. Power of Court to require released offenders to pay compensation and costs. No suit or other legal proceeding shall lie against the State Government or any probation officer or any other officer appointed under this Act in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rules or orders made thereunder. We could not persuade ourselves, in the aforesaid fact-situation, that any other view could also be possible. Special reasons to be recorded in certain cases. Lal Singh and others, 1990 Cri.
Courts competent to make order under this Act, appeal and revision and powers of Courts in appeal and revision 12. The appeal was, therefore, rejected. Power of Court to release certain offenders on probation of good conduct 5. C — Petition by accused for release on probation — Held : — The statement of only eyewitness to the occurrence, does not attribute total negligence to the driver — Accused granted benefit of Sec. The Bill seeks to achieve these objects.
It will be contrary to accepted customary rule and duty between man and man. After conclusion of trial, the appellant was convicted by the competent Criminal Court vide Judgment and Order dated 28. Discretion is exercised by the court while giving the benefit of probation to the offenders above 21 years of age. Section 3 deals with release after admonition. Act 19 of 1938 , as applied to Kutch area, shall stand repealed with effect on and from the date on which the Act comes into force in the said area: Provided that such repeal shall not affect a the previous operation on any law so repealed or anything duly done of suffered thereunder, b any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed, or c any penalty, forfeiture or punishment incurred under any law so repealed in respect of any offence, or d any investigation, legal proceeding or remedy in respect of such right privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued, enforced and any such penalty, forfeiture or punishment may be imposed as if this Act had not come into force: Provided further that anything done or any action taken including any appointment made, recognition given or rule or order made under the provisions of any law so repealed under this section and in force immediately before the said date shall be deemed to have been done or taken under the corresponding provisions of this Act, and shall continue in force until superseded by anything done or any action taken under the provisions of this Act. On the contrary, the said sub- section is applicable to persons of all ages subject to certain conditions which have been specified therein. The order of release on probation of the offender is merely in substitution of the sentence to be imposed by the court.
A court which passes an order under section 4 or the District Magistrate of the district in which the offender for the time being resides may, at any time, appoint any probation officer in the place of the person named in the supervision order. A separate recovery memo was prepared, vide which the equipment of the working Still and 175 kg of Lahan raw material used for preparing the illicit liquor were taken into possession. Thus, the factum of guilt on the criminal charge is not swept away merely by passing the order under the Act, 1958. Where before the fifteenth day of August, 1947, any Act of Parliament of the United Kingdom repealed and re-enacted, with or without modification, any provision of a former enactment, then references in any Central Act or in any Regulation or instrument to the provision so repealed shall, unless a different intention appears, be construed as reference to the provision so re-enacted. Gujarat Act 33 of 1964, Section 2 w.
Section -17 Power to make rules. This has been made permissible by the c statute with a humanist point of view in order to reform youthful offenders ad to prevent them from becoming hardened criminals. Mukhtiar Singh vs State Of Punjab on 16 March, 2010 The trial Court convicted the petitioner for the offence and sentenced him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. In case, after being released, the delinquent commits another offence, benefit of Act, 1958 gets terminated and the delinquent can be made liable to undergo the sentence. It provides necessary help and guidance to the probationer in his rehabilitation and at the same time the threat of being subjected to unexhausted sentence acts as a sufficient deterrent to keep him away from criminality Probation seeks to accomplish the rehabilitation of persons convicted of crime by returning them to society during a period of supervision rather than by sending them into the unnatural and all too often specially unhealthful atmosphere of prisons and reformatories. The State counsel was specifically asked, who stated that he has no objection to this effect.
In its application to the State of Gujarat, Section 13 renumber the existing Explanation. The appellate court granted him the benefit of Act, 1958. The provisions of sections 122, 126, 126A, 406A, 514, 514A, 514B and 515 of the Code shall, so far as may be, apply in the case of bonds and sureties given under this Act. Section 6 1 of the Probation of Offenders Act provides that when a person below 21 years of age is found guilty of an offence which is punishable with imprisonment but not imprisonment for life , the Court shall not normally sentence him to imprisonment unless for reasons to be recorded. The appeal deserves to be allowed and the Judgment and Order of the High Court as well as the Award of the Tribunal are liable to be set aside.
Chellappan supra was overruled by the Constitution Bench of this Court. In fact the punishment of dismissal was found to be disproportionate to the delinquency committed by the appellant therein. Act deals with the release of the accused person on Probation of Good Conduct with or without sureties for such period not exceeding three years as the Court may direct. The accused can be released after admonition only in the case of certain offences specified in Section 3 of the P. We have gone through the entire judgment and found that there is a complete fallacy in the submissions made by Sh. It is no more in controversy that on 1st February, 1972, the accused sold a packet of playing cards portraying on the reverse luridly obscene naked pictures of men and women in pornographic sexual postures to P. The applicant was arrested and the challan was filed.
Restrictions on imprisonment of offenders under twenty-one years of age 7. Short title, extent and commencement. Persons accessing this site are encouraged to seek independent counsel for advice in India abroad regarding their individual legal, civil criminal issues or consult one of the experts online. The revision petition was accordingly dismissed. Procedure in case of offender failing to observe conditions of bond 10. In the area in which the Act comes into force hereinafter referred to as the said area , 1 if the said area forms part of the Bombay area of the State of Gujarat, the Bombay Probation of Offenders Act, 1938 Bom.