Legal quiz- Probation of Offenders

I am of the view that it will depend on the nature of the offence, character of offender and surrounding circumstances as revealed in the report furnished by the Probation Officer to an accused under 21 years, but court in such case should lean more in favor of modern penological approach as enacted in the act especially to young offenders.

if you find any such judgment that Probation of Offenders Act can be applied in case of 304 A, then inform me. i need it for a case

To what cases probation of offenders Act is  applicable ? Is it applicable to an offence attracting punishment of life imprisonment ?

Section 4 of the Act provides as under:

Power of court to release certain officers on probation of good conduct. (1) When any person is found guilty of having committed an offence not punishable with death or imprisonment for life and the court by which the person is found guilty is of opinion that, having regard to the circumstances of the case including the nature of the offence and the character of the offender, it is expedient to release him on probation of good conduct, then, notwithstanding anything contained in any other law for the time being in force, the court may, instead of sentencing him at once to any punishment direct that he be released on his entering into a bond, with or without sureties, to appear and receive sentence when called upon during such period, not exceeding three years, as the court may direct and in the meantime to keep the peace and be of good behaviour:

Since the punishment for an offence under Sec. 304-I IPC is death or imprisonment for life, I don't think that the benefit of Probation of Offenders Act can be given to an accused of s. 304 part I of  IPC.

Refer State of Karnataka vs Muddappa: 1999-(009)-SUPREME-0145-SC. Conviction under Section 302 IPC alter to secrion 304 part 11 IPC and granted probation under section 4 of the act.

That judgment of the SC relates to Sec. 304 Part-II of the IPC.  Whereas Dr.Tripathi wants to know whether the Probation of Offenders Act can apply to Sec. 304-Part-I IPC.  

The said judgment alter 302 to that of CH not amounting to murder under part 11 and granted probation to the young offender.

Dear Mr. Assumi,

The benefit under Probation of Offenders Act, 1958 has been extended in the case cited by you, for an offence under Section 304 Part-II (it is immaterial whether it was converted from Sec. 302 or any other section).  What is of concern is the ultimte conviction.  It was under Sec. 304 Part-II. 

My contention is that since the decision relates to an offence under Sec. 304 Part-II, it does not serve the purposes of the query posed by Mr. Tripathi.

Have you got anything else to say on this?

Clarification - Kindly read  "convict" in place of  "accused"  in the original query .

Relevant provisions of the Probation of Offenders Act :

S. 3 - Power of court to release after admonition - Applicable to IPC Ss. 379,380,381, 404,420 or any other offence punishable with maximum 2 yrs imprisonment.

S. 4 - Power of court to realease on probation of good conduct - Applicable to an offence not punishable with death sentence or life imprisonment .

S. 6 - Restriction on imprisonment of offenders under 21 yrs of age - Applicable to an offence punishable with imprisonment except life imprisonment .

 IPC , S. 304 - Punishment for culpable homicide not amounting to murder -

Punishment that can be awarded u/s 304 part I, IPC ( act with intention of causing death) - Imprisonment for life or imprisonment for a term which may extend to ten yrs --

Punishment that can be awarded u/s 304 part II (act with knowledge that it is likely to cause death but not with intention to causing death) - Imprisonment for a term which may extend to ten yrs.

Thanks for that judgment