Probation of Offenders Act, 1958

The Assistant Provident Fund Commissioner lodged a complaint under Section 228 of the Indian Penal Code alleging that the respondent, Suresh, assaulted the presiding officer during an adjudication proceeding under Section 7A of the Employees Provident Funds & Miscellaneous Provisions Act, 1952. The magistrate convicted…

The appellant was kidnapped, as alleged in FIR No.115 of 2009 under IPC s.365, and the police investigated, recording statements under s.161 and s.164 CrPC. The charge‑sheet filed later named only two private respondents for offences under IPC s.323, s.343 read with s.34, omitting the kidnapping charge. The two accused…

The Municipal Corporation of Delhi (MCD) appealed against a Delhi High Court order that granted probation under Section 4 of the Probation of Offenders Act, 1958 to builder Gurcharan Singh, who had been convicted under Sections 332 and 461 of the Delhi Municipal Corporation Act, 1957. The High Court had not called for …

Sudesh Kumar was convicted under IPC s.392 r/w s.34 and the Arms Act for a robbery committed on 7 March 1981 and sentenced to five years' rigorous imprisonment. He appealed, claiming benefit under Section 6 of the Probation of Offenders Act, 1958, asserting that he was under 21 years of age at the time of the offence b…

Karam Singh, a Punjab police constable, was convicted under IPC Section 323 and released on probation, while being acquitted of murder (Sec. 302) and grievous hurt (Sec. 324). He applied for reinstatement, but the police authorities rejected his request under Rule 16.2(2) of the Punjab Police Rules. The Punjab & Haryan…

The respondents were convicted under IPC sections 323 and 498‑A and under Section 4 of the Dowry Prohibition Act, 1961, and sentenced to imprisonment and fine. They sought release on probation of good conduct under Section 4 of the Probation of Offenders Act, 1958. The question before the Supreme Court was whether Sect…

The appellants were convicted under IPC sections 451, 426 read with 34 and sentenced to two months' imprisonment. The Himachal Pradesh High Court postponed the sentence under Section 4 of the Probation of Offenders Act, 1958, on the condition that the appellants file an undertaking of good conduct, which they failed to…

The case involved six accused, of whom four were convicted under IPC sections 307/34, 324/34 and 323/34 for a violent assault. The trial court sentenced them, and the High Court upheld convictions under sections 324/34 and 323/34 but acquitted on 307/34. On appeal, the accused argued that the High Court failed to consi…

Sunil Kumar was convicted under Section 7 of the Essential Commodities Act, 1955 for possessing and selling large quantities of blue kerosene and was sentenced to one year imprisonment and a fine. His appeal against the conviction was dismissed by the High Court, and a subsequent application seeking modification of the…

Kaliben Rabari was convicted under IPC Section 304 (Part I) and sentenced to ten years' imprisonment, with a compensation award of Rs.5 lakh under Sec.357 of the CrPC. The Gujarat High Court altered the conviction to Section 304 (Part II), reduced the imprisonment to two and a half years, and also reduced the compensat…

The appellant was convicted under sections 323, 352, 504 of the IPC and section 8(2) of the Goa Children’s Act, 2003 for allegedly hitting a child with a school bag. The High Court reduced the sentences, but the appellant challenged the conviction for child abuse and the applicability of probation. The Supreme Court ex…

The Punjab Water Supply Sewerage Board terminated two work‑charge employees after they assaulted a senior officer following a disputed transfer. The employees were convicted in a criminal case, but the Labour Court set aside the termination and ordered reinstatement without back wages. The Board later issued a show‑cau…

The respondent, a former commercial superintendent of the Delhi Vidyut Board, was convicted under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 for demanding and accepting a bribe of Rs.1,500. The trial court sentenced him to 20 months and 40 months of rigorous imprisonment respectively, with fines, an…

The case arose from a violent clash between two rival groups over a land dispute in Rajasthan, during which Shivji Ram was killed and several others injured. The trial court convicted the accused under Section 302 read with Section 149 IPC, while the High Court later reduced the charge to culpable homicide not amountin…

The appellant, Sanjabij Tari, appealed against the High Court’s ex‑parte order acquitting Kishore S. Borcar (respondent No.1) under Section 138 of the Negotiable Instruments Act for a bounced cheque of Rs.7.5 lakh. The central issue was whether the High Court could overturn the concurrent findings of the trial and sess…

The Commissioner of Police, Delhi appealed against a Delhi High Court order that directed the consideration of four candidates (Raj Kumar, Shiv Singh, Prem Singh Choudhary and Deepa Tomar) for appointment as constables despite their involvement in criminal cases. The candidates had either been acquitted or had their ca…

Seven accused were convicted of offences including attempt to murder (s.307/149 IPC) and assault (s.325/149, s.323/149, s.148 IPC). The High Court acquitted them of the attempt to murder charge, released them on probation under s.360 CrPC, and ordered each to pay Rs.2,500 compensation to the victim Joginder, who suffer…

The petitioner, Devki alias Kala, was convicted under Sections 366 and 368 of the Indian Penal Code for abducting, seducing, and selling a 17‑year‑old girl. The High Court upheld the conviction under Section 366 and set aside the conviction under Section 368, imposing three years of rigorous imprisonment. The petitione…

The State of Karnataka prosecuted Mohamed Nazeer for killing a man after assaulting him with a knee to the private parts, causing instant death. Eye‑witnesses and a doctor testified that the accused threatened the victim, kicked him, and that death resulted from neurogenic shock due to testicular injury. The trial cour…

The appellants, a mother‑in‑law and her son‑in‑law, were convicted under Section 498‑A of the IPC for cruelty to a woman and sentenced to rigorous imprisonment and fine. They sought to replace the imprisonment with an enhanced fine, but the court held that fine cannot substitute imprisonment under Section 498‑A. The pr…

The case arose from a clash between two groups in 1997 where the appellant, Ramesh Kumar @ Babla, was alleged to have struck the complainant with a sword, causing head injuries. The trial court convicted him under Section 307 of the IPC for attempted murder and sentenced him to three years' rigorous imprisonment, a dec…

The appellant, Sanjay Colaro, was convicted under Sections 279 and 304A of the IPC for causing a fatal road accident by rash driving. He was sentenced to six months' simple imprisonment and a fine, which he appealed through the criminal appellate hierarchy up to the Supreme Court. The appellant argued that, given the l…

The Supreme Court examined a series of appeals arising from the Designated Court's judgments in the 1993 Bombay bomb blast case under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA). The Court held that confessional statements recorded under Section 15 of TADA are substantive evidence admissible a…

Gian Kaur and her husband were convicted under Section 306 of the IPC for abetting the suicide of Kulwant Kaur. They appealed, arguing that Section 306 (and Section 309) were unconstitutional because Article 21 of the Constitution includes a "right to die", as held in P. Rathinam. The Supreme Court, sitting as a Consti…

The appellant, a bus driver for the Karnataka State Road Transport Corporation, collided with a railway level‑crossing gate on 3 August 2006, breaking it. He was convicted under Section 160(2) of the Railways Act, 1989 and sentenced to six months' simple imprisonment by the trial court, a decision affirmed by the appel…

The appellant, a retired post‑office employee, was convicted for misappropriating Rs 1,35,240 under Section 477‑A IPC read with Sections 3(1)(c) and 13(2) of the Prevention of Corruption Act, 1988. The trial court, instead of imposing a custodial sentence, released him under the Probation of Offenders Act, 1958 on a bo…

The respondent, Bhupendra Yadav, applied for a constable post in the Madhya Pradesh police and truthfully disclosed in his verification form that he had been tried for offences under IPC and the POCSO Act, but was acquitted by the trial court. The Superintendent of Police deemed him unfit on the ground of moral turpitu…

The appellants were convicted of offences under Sections 148, 323 and 324 of the IPC and were placed on probation for two years under Sections 3 and 4 of the Probation of Offenders Act, 1958. The complainant filed an appeal under Section 11(2) of the Act challenging the propriety of the probation order and also contend…

N.B. Bhargavan Pillai, a public servant on deputation, failed to hand over stock of rice, palmolein and sugar at the end of his tenure, resulting in a shortage valued at Rs.1,63,770. He deposited Rs.50,000 and promised to pay the balance, but retired before a sanction for prosecution could be obtained. He was convicted…

The case arose from a land demarcation dispute in which a fight broke out, leading to the death of lmteyaz Ali. Monir Alam and others were convicted under IPC sections 304(11) and 323, with Alam sentenced to three years. The High Court altered the conviction to include section 149 but upheld the trial court's judgment.…

The appellants, Raj Pal and others, assaulted a deceased and several witnesses with lathis over a property dispute, resulting in the deceased's death. They claimed the assault was in private defence of their person and property, asserting that they had suffered injuries themselves. The trial court convicted them under …

The appellants, aged 19 and 20, were convicted under Section 397 IPC for grievous hurt and sentenced to seven years' rigorous imprisonment. While the State argued that the mandatory minimum sentence could not be reduced, the appellants sought release on probation under the Probation of Offenders Act, 1958, citing their…

Rajasthan Rajya Vidyut Prasaran Nigam Ltd. appointed Anil Kanwariya as a Technical Helper on probation. The employee concealed a prior conviction under Sections 341 and 323 IPC and filed a false declaration stating no criminal case was pending or any conviction. After police verification revealed the conviction, the em…

Mohd. Yaseen was convicted under Sections 7 and 16 of the Prevention of Food Adulteration Act, 1954 and sentenced to one year of rigorous imprisonment. His appeal was dismissed and a revision petition before the Allahabad High Court was also rejected. He filed a petition under Section 482 of the Code of Criminal Proced…

The case arose from a POCSO trial in which the Special Judge conducted the proceedings in extreme haste, denying the accused the opportunity to consult counsel, receive documents, and present a defence, and ultimately imposing a death sentence that was set aside by the Patna High Court and a de novo trial ordered. The …

The appellants, a doctor and his son, conspired with an assistant registrar to forge pre‑degree mark sheets to obtain medical college admission. The forged mark list was used knowingly, as evidenced by inconsistencies in marks, the date of the document, and the appellants' request for re‑valuation. The trial court conv…

The National Campaign on Dalit Human Rights and other NGOs filed a writ petition under Article 32 seeking enforcement of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and its 1995 Rules, alleging widespread non‑implementation by State and Central authorities. They pleaded for directions…

The State of Rajasthan charged Bhanwar Singh and five others with murder under IPC s.302 and assault under s.323. The trial court convicted Singh, sentencing him to life imprisonment, while the High Court acquitted him, finding the prosecution case unreliable. The Supreme Court examined the credibility of three eyewitn…

Raj Kumar, a bus driver, was convicted under IPC sections 279 (rash driving) and 304A (causing death by negligence) after a collision caused the deaths of two children. The trial court sentenced him to one year of rigorous imprisonment and a fine; the Sessions Court dismissed his appeal, and the High Court rejected his…

The appellants were convicted under the Prevention of Food Adulteration Act (PoFA) for selling adulterated curd and various food items, receiving six months' imprisonment and fines. They sought release on probation under the Probation of Offenders Act, 1958, arguing that Section 20AA of PoFA, which excluded probation, …

The appellant, a Head Constable, was tasked with delivering an urgent wireless message to the Police Headquarters and was driving an official police mini‑truck. While en route he crossed a road divider, collided with an on‑coming scooter, resulting in one death and injuries to another. He was convicted under IPC sectio…

The appellant Birju was convicted for the murder of a one‑year‑old child, shot with a pistol after the child’s grandfather refused to give him money for liquor. The trial court and the High Court sentenced him to death, invoking his extensive criminal record as an aggravating factor. On appeal, the Supreme Court examin…

The trial court convicted five accused of offences under Sections 148, 323, 324, 325 and 326 read with Section 149 of the IPC and sentenced them to imprisonment and fines. On appeal, the High Court reduced some sentences, enhanced the fine and ordered the accused to be released on probation under Section 360 of the CrP…

Harichand was convicted under Section 408 of the Indian Penal Code and sentenced to two years' rigorous imprisonment and a fine. The Sessions Court upheld the conviction but set aside the sentence, releasing him on probation under Section 4(1) of the Probation of Offenders Act, 1958. Because of the conviction, the Dire…

The appellant, Ved Prakash, was convicted of a firearm offence arising from a land dispute. The trial court sentenced him without considering the provisions of Section 360 of the Code of Criminal Procedure or the Probation of Offenders Act, 1958. On appeal, the Supreme Court examined whether the sentencing court had a …

The respondents were convicted under Section 61(1) of the Punjab Excise Act, 1914 for illegally transporting 2,000 litres of rectified spirit and were sentenced by the trial court to one year imprisonment. The High Court, noting that the offence occurred 19 years earlier, reduced the sentence by granting probation unde…

Dayal Singh was convicted under Sections 7 and 16 of the Prevention of Food Adulteration Act, 1954 for selling hard‑boiled sugar confectionery that contained mineral oil, which at the time was deemed an unwholesome ingredient and amounted to adulteration. While his appeal was pending, the Rules were amended to permit m…

The appellants were convicted under Section 3 read with Section 7 of the Essential Commodities Act, 1955 for allegedly possessing and diverting government‑quota cement in 1994. The prosecution relied on the Maharashtra Cement (Licensing and Control) Order, 1973 and the Cement Control Order, 1967, but the Supreme Court …

Shankar Dass, a cash clerk, was convicted of breach of trust and released under section 4 of the Probation of Offenders Act, 1958. Despite the probation, the Government dismissed him from service. He challenged the dismissal, arguing that section 12 of the Probation Act barred any "disqualification" such as dismissal, …

Hazarilal, a peon in a Madhya Pradesh middle school, was convicted under IPC sections 323 and 34 for a simple assault and was fined Rs.500 after his one‑month imprisonment was reduced on appeal. The State terminated his service under the Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966, in…

The Municipal Corporation of Delhi appealed the acquittal of Tek Chand Bhatia, a wholesale dealer in cashew nuts, who was charged under the Prevention of Food Adulteration Act, 1954 for selling insect‑infested nuts. Samples taken from his shop were found to be infested by more than 20% insects. The Supreme Court examin…

The appellant, Sathyan, was arrested in October 2003 for carrying five litres of arrack in his autorickshaw and was convicted under Section 8 of the Abkari Act based solely on the testimony of two official witnesses, an Excise Inspector and an Assistant Excise Inspector. He challenged the conviction, arguing that the l…

This Constitution Bench judgment interprets the second proviso to Article 311(2) of the Constitution of India, which allows dismissal, removal, or reduction in rank of a civil servant without an inquiry in three exceptional circumstances: conviction on a criminal charge, when it is not reasonably practicable to hold an…

The State of Rajasthan recruited constables and the petitioner, Chetan Jeff, applied claiming no criminal antecedents, while a pending FIR under Sections 143, 341 and 336 IPC existed. The recruitment authority rejected his candidature for suppressing this material fact and making a false declaration. The petitioner cha…

The State of Rajasthan appealed the acquittal of Sri Chand, who was charged with attempt to rape a 12‑year‑old girl and outraging her modesty. The trial court convicted him only under IPC s.354 and granted probation, while the High Court upheld that order. The Supreme Court held that the evidence did not prove the atte…

The appellant, a peon of Punjab National Bank, was convicted under Section 409 IPC for embezzling Rs 5,000 and was dismissed from service. While his criminal appeal upheld the conviction, the appellate court released him on probation under the Probation of Offenders Act, 1958. The bank dismissed him under Section 10(1)…

The appellants were convicted under IPC sections 323 and 324 read with section 34 for assaulting a victim's family and were sentenced only to pay fines of Rs.500 and Rs.2,000 respectively. They appealed, seeking the benefit of sections 3 and 4 of the Probation of Offenders Act, 1958, arguing that the Act should apply e…

Charanjit Kaur filed a criminal complaint under Sections 498A, 406 and 1208 of the IPC alleging dowry harassment and criminal conspiracy by her husband, Bikram Singh. The trial court convicted the husband and sentenced him to one year imprisonment for each offence, with a fine of Rs.1,000. The Sessions Court dismissed …

A. Parthiban, a public servant, was convicted for demanding and receiving illegal gratification, an act that attracted charges under Sections 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988. The trial court sentenced him to six months' rigorous imprisonment with a fine of Rs.500 and one year’s …

Motilal was arrested for possessing skins of protected wildlife under several provisions of the Wild Life (Protection) Act, 1972. The Central Government, invoking the Delhi Special Police Establishment Act, issued a notification and, with the consent of the Uttar Pradesh Government, transferred the investigation to the…

The Nilgiris Bar Association filed a petition against T.K. Mahalingam, who had fraudulently enrolled as a member of the Bar and practiced as an advocate for eight years, committing offences under Sections 419 and 420 IPC. Mahalingam was released by a magistrate under Section 4(1) of the Probation of Offenders Act, 1958…

In 1992 the owners of M/s Shiva Enterprises were found by police to have liquor in their godown exceeding the quantity authorized under a transport permit. They were convicted under Section 61(1)(a) of the Punjab Excise Act, 1914 for unlawful possession and sentenced to three years' imprisonment and a fine. On appeal t…

The respondent, Vikram Das, was convicted under Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for assaulting a SC/ST woman and was sentenced by the trial court to six months of rigorous imprisonment and a fine of Rs.500. The High Court, on the respondent's request, c…

The appellants were arrested after a police patrol, acting on an informer's tip, searched them and seized morphine. The search was conducted by the Station House Officer (SHO) without a gazetted officer present, using consent letters that were allegedly prepared after arrest and without proper authority. The FIR, witne…

The Supreme Court considered an appeal by Channi, who had been convicted under the IPC and whose sentence was partially altered by the Allahabad High Court. Channi applied for release on probation under Section 4 of the Probation of Offenders Act, alternatively under Section 360 of the Code of Criminal Procedure, but t…

In 1992 a bus and a truck, both traveling at high speed, collided on a highway in Punjab, resulting in the deaths of five passengers. The drivers of the bus (Balwinder Singh) and the truck were convicted under IPC sections 304A, 337 and 279 and sentenced to two years rigorous imprisonment for the 304A charge and six mo…

The appellant stabbed the husband of PW‑2 with scissors, causing fatal injuries to the lung and heart. The trial court convicted him under IPC s.304 Part I and sentenced him to seven years' imprisonment. The High Court upheld the conviction but released the appellant under the Probation of Offenders Act, 1958, ordering…

Mis Precious Oil Corporation and its proprietor and employee were prosecuted under Section 7(1)(a)(i) of the Essential Commodities Act, 1955 for contravening Clauses 3, 4 and 5(5) of the Lubricating Oil and Greases (Processing, Supply and Distribution Regulation) Order, 1987 by operating without a licence, storing adul…

In 1995 Ajahar Ali forcibly grabbed the hair of 16‑year‑old Nasima Begum, kissed her and caused a cut on her lip. He was convicted under Section 354 of the Indian Penal Code and sentenced to six months’ simple imprisonment and a fine. The appellant appealed, arguing that the 18‑year delay, his juvenile status at the ti…

The State (through CBI) appealed against a High Court order that released three accused—Sanjiv Bhalla, Major Purshotam Singh and R.P. Chopra—on probation of good conduct under the Probation of Offenders Act, 1958, after they were convicted of conspiracy to cheat under IPC sections 120‑B and 420. Only the fourth accused…

The appellant, a bus driver for Haryana Roadways, knocked down and killed a cyclist and was convicted under IPC Sections 279 (rash driving) and 304-A (causing death by negligence). He appealed, seeking the benevolent provision of Section 4 of the Probation of Offenders Act, 1958, arguing that he could be released on pr…

The appellants, Som Dutt and others, were convicted by three successive courts for theft under Section 379 read with Section 34 of the IPC and sentenced to three months' simple imprisonment and a fine. They challenged the High Court's dismissal of their revision petition, seeking release on probation under Section 361 …

Gulzar was convicted of stealing an attache containing about Rs 55,000 from Vinod Kumar Aggarwal on a bus; the attache was later recovered from Gulzar’s possession but he could not explain the source of the money. The trial court sentenced him to three years’ rigorous imprisonment under Section 379 of the Indian Penal …

The appellant, a serving army Naik, was convicted under Section 498-A IPC for cruelty towards his wife and sentenced to three years' simple imprisonment. After his conviction, the parties entered into a genuine settlement, resumed cohabitation, and the wife was nominated as his service record nominee. The High Court, n…

The respondent, a constable of the Indo‑Tibetan Border Police, was convicted under Section 10(1) of the Central Reserve Police Force Act and sentenced to three months' imprisonment. On appeal, the appellate court modified the sentence and directed that the order would not adversely affect the respondent's service caree…

Bakshi Ram, a constable of the Central Reserve Police Force, was convicted under Section 10(1) of the CRPF Act for forcibly entering a constable's room and assaulting his wife, and was sentenced to four months' rigorous imprisonment. While his appeal against the conviction was pending, the department dismissed him from…

The appellants were convicted for publicly exhibiting obscene blue films to a young audience under Section 292 read with Section 34 of the Indian Penal Code and Section 7 of the Cinematograph Act. The trial court sentenced them to six months' simple imprisonment and a fine; the appellate court reduced the imprisonment …