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FIR UNDER SECTION 467, 419, 420 IPC (FORGERY AND CHEATING)
04-Jul-2023 (In Criminal Law)
Hello ji,nThere is an FIR against someone I know under section 419, 420, 467. A law student friend of mine says that we can apply for the grant of the benefit of PO act and showed me a case where benefit of probation was granted in 419, 420, 467 case but in PO act it says, if the punishment is life imprisonment than PO act does not apply. Sec 467 talks about life imprisonment, so are we really eligible to apply for PO act benefit? My case go to Patiala house court in Delhi. I will visit the court on 12 July 2022, if you practice in Patiala house court, please share your number. Thank you.
You don’t have to go for probation ! Don’t include law student or internet knowledge here. Practicality is different on ground ! First your friend needs to seek bail as soon as possible if not taken. Then we need more facts on this case ..u better hire an advocate to do the needful
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Adv. D. Khan
Delhi | 500+ Answers
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Hi
We will need to look into the FIR along with the allegations. Then make a a defence accordingly. With regard to this, please feel free to get in touch to discuss the case in detail.
Regards
Adv. Abhinav Sharma
We will need to look into the FIR along with the allegations. Then make a a defence accordingly. With regard to this, please feel free to get in touch to discuss the case in detail.
Regards
Adv. Abhinav Sharma
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Adv. Abhinav Sharma
Delhi | 500+ Answers
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Benefit of the PO Act can be granted at the discretion of the Judge that too only after trial. Instead of sentence the convict can be released on probation. The benefit of the same will not be extended to Section 467 IPC offence.
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Adv. Anubhav Kathuria
Delhi | 500+ Answers
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Conditions to be satisfied for application of Section 4 PO Act
(1) the offense committed must not be one punishable with death or imprisonment for life.
Under Section 467 IPC, conviction can be imprisonment for life.
therefore benefit of s.4 PO Act cannot be taken.
However, PO Act comes into play only after accused will be convicted.
(1) the offense committed must not be one punishable with death or imprisonment for life.
Under Section 467 IPC, conviction can be imprisonment for life.
therefore benefit of s.4 PO Act cannot be taken.
However, PO Act comes into play only after accused will be convicted.
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Adv. Kunal Seth
Delhi | 500+ Answers
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Hi, from your information, it seems that only FIR has been filed and trial is either yet to begin or ye to complete. Thus the applicability of PO act will not be in question as the accused person has not yet been convicted. After the completion of trial, IF the accused is convicted, then Provisions of section 3 of PO act can be looked into at in view of the circumstances under which accused committed the crime.
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Adv. Ankush Mahajan
Delhi | 25+ Answers
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