Summary
Release on probation of good conduct under Section 4 of the Probation of Offenders Act, 1958 is available even where the offender is sentenced only to a fine, since 'punishment' includes fine and 'release' means freeing the offender from receiving sentence. With convictions for hurt under Sections 323/324 IPC upheld, three appellants were released on probation under Section 4 and one, convicted only under Section 323, after admonition under Section 3, with protection from disqualification under Section 12.
Issues
- Whether the appellants, convicted under Sections 323 and 324 read with Section 34 IPC and sentenced only to fines, were entitled to the benefit of Sections 3 and 4 of the Probation of Offenders Act, 1958, and to what extent.
- Whether Section 4 of the 1958 Act can apply to an offender sentenced only to a fine and not to imprisonment.
Provisions considered
- Section 3, Probation of Offenders Act, 1958Release after admonition is confined to the specified IPC offences or offences punishable with not more than two years, fine, or both, with no previous conviction; A-4, convicted under Section 323 read with Section 34 only, qualified, while A-1 to A-3, also convicted under Section 324, did not. (¶¶ 14, 17, 42, 43)
- Section 4, Probation of Offenders Act, 1958Applies to offences not punishable with death or life imprisonment where release on probation is expedient having regard to the circumstances, the nature of the offence and the offender's character; held available to an offender fined only, and applied to A-1 to A-3. (¶¶ 15, 16, 24, 25, 26, 38, 39, 42)
- Sections 11 and 12, Probation of Offenders Act, 1958Orders under Sections 3 and 4 may be made in appeal or revision, and a person so released does not suffer disqualification attaching to the conviction; the appellants were therefore protected in their service careers. (¶¶ 18, 19, 45)
- Section 53, Indian Penal Code, 1860Fine is listed among the punishments, so 'punishment' in the 1958 Act includes a fine. (¶¶ 21, 22, 24, 25)
- Section 4, Bharatiya Nyaya Sanhita, 2023Reproduces Section 53 IPC and adds community service, which the Court saw as reflecting a shift towards reformation; read alongside Section 53 to include fine within punishment. (¶¶ 22, 23, 25)
- Section 360 (now Section 401 BNSS), Code of Criminal Procedure, 1973Compared with the 1958 Act; both share a reformative aim but differ in eligibility, treatment of antecedents and supervision. Noting divergent views in Sanjay Dutt and Lakhanlal on their relationship, the Court used Section 360 only as an aid on fine-only sentences. (¶¶ 27, 28, 29, 30, 31, 32, 33)
Held
- The 1958 Act is beneficial, reformative legislation and must be construed purposively; where two views are possible, the one favouring the beneficiary should be adopted. (¶¶ 11, 13)
- Since fine is a punishment under Section 53 IPC and Section 4 BNS, references to punishment in the 1958 Act include fine, and Section 4 is available to an offender sentenced only to a fine; 'release' in Section 4 is not limited to release from custody but means setting the offender at liberty from receiving sentence, including a fine. (¶¶ 24, 25, 26)
- Release under Section 4 depends on the court forming an opinion that it is expedient, considering the circumstances and especially the nature of the offence; relevant factors include age, antecedents, character, occupation, fixed abode, family responsibilities, gravity of the offence and origin of the dispute. (¶¶ 36, 38, 39)
- On the facts, only fines were imposed, the State's affidavit showed no other criminal case against the appellants, two of them were in government service and the offences did not involve moral turpitude, so it was expedient to extend the benefit of the Act. (¶¶ 40, 41)
- A-1 to A-3, convicted under Sections 323 and 324 read with Section 34, did not meet the prerequisites of Section 3 and were released on probation under Section 4(1) on a one-year bond with sureties and supervision; A-4, convicted only under Section 323 read with Section 34, satisfied Section 3 and was released after admonition. (¶¶ 42, 43)
Result
Appeal disposed of; convictions upheld; A-1 to A-3 released on probation under Section 4(1) on a one-year bond with sureties, under Probation Officer supervision with quarterly reports; A-4 released after admonition under Section 3; fines, if unpaid, to be deposited within 4 weeks as compensation to the victims; no service disqualification under Section 12.