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Criminal · Reportable judgment

Chellammal and Another vs State Represented by the Inspector of Police

Court
Supreme Court of India
Date
22 April 2025
Case No.
Criminal Appeal No. 2065 of 2025
Result
Disposed
Bench
Dipankar Datta, Manmohan
Citation
[2025] 4 S.C.R. 2306 : 2025 INSC 540
Acts & Sections
CrPC CrPC IPC Probation of Offenders Act, 1958
Supreme Court Reports [2025] 4 S.C.R. 2306 : 2025 INSC 540
Issue for consideration
Whether the appellants could be granted the benefit of probation either u/s.360(1) of CrPC or u/s.4 of the Probation of Offenders Act, 1958; whether the High Court was justified in not extending the benefit of probation to the appellants.
Headnote

Probation of Offenders Act, 1958 – sub-section (1) of s.4 – Code of Criminal Procedure, 1973 – s.360 – Appellants were jointly tried for commission of offences u/ss.304-B and 498-A of IPC – The Sessions Court acquitted the appellants of charge u/s.304-B but convicted them u/s.498-A of IPC – The High Court maintained the conviction of appellants u/s.498-A of IPC – Plea by the appellants to set aside the sentence of imprisonment by enhancing the fine – Interference with: Held: No interference with the conviction u/s.498-A of IPC – Fine is not an alternative to imprisonment – Considering grant of probation – An offender cannot seek an order for grant of probation as a matter of right but it is held that, unless applicability is excluded, in a case where the circumstances stated in s.4(1) 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 – In the instant case, the Sessions Judge and the High Court by omitting to consider whether the appellants were entitled to the benefit of probation, occasioned a failure of justice – The matter remitted to the High Court for limited consideration of the question of grant of probation to the appellants upon obtaining a report of the relevant probation officer. [Paras 6, 9, 28, 31]

Read the full headnote (1 more paragraph)

Probation of Offender Act, 1958 – sub-section (1) of s.4 – Code of Criminal Procedure, 1973 – s.360 – Comparison of: Held: On a comparative study of s.360, Cr.PC and sub-section (1) of s.4 of the Probation Act, what is revealed is that the latter is wider and expansive in its coverage than the former – Inter alia, while s.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, s.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 s.4 over any other law for the time being in force – Also, s.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]

Keywords: Grant of probation · Release of the offender on probation · Probation · Matter remitted · Probation officer · Release of an offender · Section 4 of the Probation Act · Jointly tried for offence · Dying declaration · Report of probation officer · Failure of justice · Fine is not an alternative to imprisonment · Court’s discretion to decide to extend the benefit of probation · Probation as matter of right

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Dipankar Datta, J. 1. This appeal, by special leave, assails the judgment and order dated 5th November, 20191, passed by a learned Judge of the High Court of Judicature at Madras, partly allowing the appellants’ criminal appeal2 under Section 374(2), Code of Criminal Procedure3. impugned order Crl. A No. 345/2012 Cr. PC 2. The two appellants, mother-in-law and husband, respectively, of the deceased were jointly tried4 for commission of offences punishable under Section 304-B and Section 498A, Indian Penal Code5. The Sessions Judge (Mahila Court), Coimbatore6, vide its judgment a
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