Probation's of offenders act.
Sunil Kumar
(Querist) 11 July 2013
This query is : Resolved
Respected Sir
I am convicted in case of 409 & 420 of the IPC and Ld. District & Session Judge, Nahan ordered me imprisonment of 3 years. Please tell me that how can Probation of Offenders Act. help me ????
Advocate M.Bhadra
(Expert) 11 July 2013
The Probation Of Offenders Act, 1958
SEC.3--Power of court to release certain offenders after admonition. When any person is found guilty of having committed an offence punishable under section 379 or section 380 or section 381 or section 404 or section 420 of the Indian Penal Code (45 of 1860 .) or any offence punishable with imprisonment for not more than two years, or with fine, or with both, under the Indian Penal Code or any other law, and no previous conviction is proved against him and the court by which the person is found guilty is of opinion that, having regard to the circumstances of the case including the nature of the offence and the character of the offender, it is expedient so to do, then. notwithstanding anything contained in any other law for the time being in force, the court may, instead of sentencing him to any punishment or releasing him on probation of good conduct under section 4, release him after due admonition.
Raj Kumar Makkad
(Expert) 12 July 2013
Bhadra has properly advise you as per legal provisions.
Sunil Kumar
(Querist) 12 July 2013
Respected all.
Thanx for advise. But Sir/Madam guide me that an appeal is filed in Hon'ble High Court of HP and in which court I apply under Probation of Offenders Act. And what is the criteria for the same.
Advocate Ramesh
(Expert) 12 July 2013
You can't apply under probation of Offenders act. The court itself take it consideration before giving punishment.
R.K Nanda
(Expert) 12 July 2013
agree with expert Bhadra.
Sudhir Kumar, Advocate
(Expert) 12 July 2013
nothing more to add. Further advise can be given by your advocate who is privy to all record
prabhakar singh
(Expert) 12 July 2013
You are squarely guided.It has to be brought
in the notice of the court by your lawyer that you are first offender.
