Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Probation of Offenders Act 1958-Section 18 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Probation of Offenders Act, 1958-Section 18-Prevention of Corruption Act, 1988/1947-Sections 13/5(2)-General Clauses Act, 1897-Section 8- Code of Criminal Procedure, 1973-Section 360-Act of 1947 prohibiting release of convict on probation-Old Act repealed by Act of 1988-Conviction and sentence under Act of 1988-Grant of release on probation under section 360 Cr.P.C.-Justification of-Held: In view of Section 8 of 1897 Act when an Act is repealed and re-enacted unless different intention is expressed by the legislature, reference to the repealed Act would be considered as reference to the provisions of re-enacted Act-On and from date of extension and enforcement of the provisions of Probation Act to Delhi, powers under section 562 of old Code repealed and replaced by Section 360, as such Section 360 cannot be invoked or applied-Further, in view of Section 18 of 1958 Act making the. Probation Act inapplicable to Section 5(2) of 1947 Act which corresponds to Section 13 of 1988 Act, the principles enunciated under the Probation Act cannot be applied to conviction under Section 13(2) of 1988 Act-Interpretation of Statutes. Code of Criminal Procedure, 1973-Section 360-Prevention of Corruption Act, 1988-Sections 7 and 13(2)-Offence-Sentence under the sections-Sections providing for minimum sentence-Release on probation- Permissibility of-Held: Since the statute prescribes minimum sentence in addition to maximum sentence, the Court cannot show any leniency below -the minimum sentence stipulated in such cases-Thus, grant of benefit of probation not permissible. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2004 INSC 310 |
Petitioner | State Through S.p., New Delhi |
Respondent | Ratan Lal Arora |
SCR | [2004] Supp. (1) S.C.R. 631 |
Judgement Date | 2004-04-26 |
Case Number | 532 |
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