Ladhu Ram Chowdhary
27 March 2010 at 08:00
6. Section 19 of Probation of Offenders Act has repealed Section 562 (substantially new Section 360) of Cr.P.C. subject to Section 18 which saves provisions contained in Section 5(2) (now Sec. 13(2) of Prevention of corruption Act, However, there is absolute bar regarding grant of probation in certain other Acts also e.g. for offences under P.F. Act of SC/ST (POA) Act. Both being special laws, how these provision can be reconciled ?
Ladhu Ram Chowdhary
27 March 2010 at 07:56
3. What mechanism should be evolved and observed to ensure that the person who breaches / abridges the terms and conditions of probation should not be left scot-free ? Whether he deserves comparatively harsh punishment ?
Ladhu Ram Chowdhary
27 March 2010 at 07:55
2. The degrees of Criminal intent and resultant Criminal liability are directly proportionate to each other, therefore, a person who causes death by rash or negligent act can be punished for imprisonment up to only two years whereas, the person who knowingly or intentionally commit it can be imprisoned for ten years / life term and even can be hanged. To the contra, a convict u/s. 304-A I.P.C. seldom gets benefit of probation whereas a similarly situated culprit of Section 304 part II I.P.C. may get it. Examine the justification behind it ?
Ladhu Ram Chowdhary
27 March 2010 at 07:54
1. Whether there is any conceptual conflict between “Benefit of Probation” & “The plea Bargain” and how it can be reconciled ?
Ladhu Ram Chowdhary
27 March 2010 at 07:53
10. A witness states before T.I. parade that he can identify the culprit on the basis of voice and the style of walking of the culprit. What should be the appropriate course for the Magistrate ?
Ladhu Ram Chowdhary
27 March 2010 at 07:52
9. Whether an accused himself can also demand for his test identification parade ?
Ladhu Ram Chowdhary
27 March 2010 at 07:51
8. In What circumstances the Magistrate concerned should refuse to hold test identification parade of should postpone it ?
Ladhu Ram Chowdhary
27 March 2010 at 07:50
7. What can be the appropriate place for recording confession / statement or for conducting T.I. parade (viz Chamber of the P.O.: Court room: Jail premises; Police station; Residence of the Magistrate etc.)
Ladhu Ram Chowdhary
27 March 2010 at 07:48
6. What prosecutions should be observed while conducting test identify- cation parade and from where persons/property to be mixed can be arranged ? Whether any notes of the proceedings should be taken dawn by the Magistrate for finally preparing the memo ? Whether police officer can be permitted to remain present during test identifi-cation parade or while recording statement u/s. 164 Cr.P.C. ? How the identity of witness should be ensured ?
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Probation
7. What factors are to be taken into consideration while considering grant of probation ?