SC Grants Probation Benefits Under Section 12 of the Probation of Offenders Act to Convict.
28 November 2024
Conviction >> Criminal Law
The appellant was convicted for charges under Sections 399/402 of the IPC and Sections 3/25 of the Arms Act by the Trial Court. The High Court, in appeal, set aside the conviction under IPC but upheld the conviction under the Arms Act, granting the appellant the benefit of probation under Section 4 of the Probation of Offenders Act. Subsequently, the appellant, having been denied employment due to his conviction, filed an application seeking the benefit of Section 12 of the Probation of Offenders Act, which was rejected by the High Court on the grounds that the court had become functus officio.
The appellant contended that the conviction under the Arms Act should not stand since the charge under IPC had been set aside, or alternatively, he should be granted the benefit of Section 12 to remove any disqualification resulting from his conviction. The State did not oppose the appellant's application, acknowledging the High Court's decision to grant the benefit of Section 4 of the Probation of Offenders Act.
The Supreme Court, upon reviewing the provisions of Section 12 of the Probation of Offenders Act, concluded that once the benefit of Section 4 was granted, the appellant should also be entitled to the relief under Section 12, as the two benefits are consequential. The Court set aside the High Court’s order rejecting the appellant's prayer for relief under Section 12, thus extending the benefit to him. Additionally, the Court directed that similar benefits be granted to the other convicts in the case, as they had received the same treatment under Section 4 of the Probation of Offenders Act.