Applicability of po act
Manjunath Sompur
(Querist) 02 June 2026
This query is : Resolved
The trail court passed an order of conviction for four years and fine under sec 468 and 420. High court reduced the period of conviction to one year with fine. supreme court confirmed the same. Now, can the accused file an application to trail court under PO Act?
kavksatyanarayana
(Expert) 02 June 2026
Yes, the accused can file an application in the trial court under the Probation of Offenders (PO) Act, or Section 360 of the Cr. PC, even after the Supreme Court has confirmed the conviction, provided the trial court itself had the initial jurisdiction to grant such relief, and the statute does not expressly prohibit it.
Dr. J C Vashista 
(Expert) 03 June 2026
Conviction has been confirmed as stated by you, which cannot be changed.
However, the convict may apply for reconsideration of sentence under the provisions of Probation of Offenders Act, 1958 through your lawyer, which s/he (your lawyer) must have advised you.
Manjunath Sompur
(Querist) 03 June 2026
Can a trail court reconsider the conviction order after SCI confirm the conviction? Is it not over-riding effect?
kavksatyanarayana
(Expert) 03 June 2026
It depends on the merits of the case. Consult a local senior advocate in the matter.
Dr. J C Vashista
(Expert) 04 June 2026
You have mixed up two different situations of the order of conviction and sentence.
Conviction of the accused has attained finality in instant case, whereas, sentence can be reconsidered by the Trial Court.
