Benefit to an accused

Gopal Krishna Behera (Querist) 09 June 2011 This query is : Resolved
Whether a court can grant benefit to an accused under Section 360 Cr.P.C. or the provisions of Probation of Offenders Act to a convict under the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act?

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R.Ramachandran (Expert) 09 June 2011
IF the court is satisfied, yes, it can do so.

PALNITKAR V.V. (Expert) 10 June 2011
Unless prohibited by any law, a court is always at liberty to release an accused on probation. However, when probation of offenders act is applicable to any area, sec. 360 of CRPC can not be used. The special Act will prevail.

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Reposting it because it was marked resolved by mistake