Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1958 Criminal Procedure 1973 - s.360 Probation of Offenders Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Probation of Offenders Act, 1958: Held: A person convicted under the provisions of the PC Act cannot be granted benefit of release on probation of good conduct u/s. 360 of the Code of Criminal Procedure or under the provisions of the Probation of Offenders Act, 1958 - Code of Criminal Procedure, 1973 - s.360. Criminal jurisprudence: Sentence - Just sentencing - Held: Punishment should be rehabilitative and humanizing and need not necessarily be retributive in character - Judges have to strike a fine balance between releasing a convict after admonition or on probation or putting such a convict in jail - Code of Criminal Procedure, 1973 - ss.360, 361. Sentence/Sentencing: Plea bargaining - Held: There is necessity of giving justice to the victims of a crime and awarding a just sentence to the convicts by treating them in a manner that tends to assist in their rehabilitation - The amendments brought about in the Criminal Procedure Code in 2006 also include a chapter on plea bargaining, which again is intended to assist and enable the Trial Judge to arrive at a mutually satisfactory disposition of a criminal case by actively engaging the victim of a crime - It is the duty of a Trial Judge to utilize all these tools given by Parliament for ensuring a fair and just termination of a criminal case - For awarding a just sentence, the Trial Judge must consider the provisions of the Probation of Offenders Act and the provisions on probation in the Criminal Procedure Code - When it is not possible to release a convict on probation, the Trial Judge must record his or her reasons - The grant of compensation to the victim of a crime is equally a part of just sentencing - When it is not possible to grant compensation to the victim of a crime, the Trial Judge must record his or her reasons - Trial Judge must always be alive to alternative methods of a mutually satisfactory disposition of a case - Compensation. |
Judge | Hon'ble Ms. Justice Ranjana Prakash Desai |
Neutral Citation | 2014 INSC 980 |
Petitioner | State Through C.b.i., Anti Corruption Branch, Chandigarh |
Respondent | Sanjiv Bhalla & Anr. |
SCR | [2014] 6 S.C.R. 1078 |
Judgement Date | 2014-07-04 |
Case Number | 1338-1339 |
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