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Probation of offenders under 120B and 420 am i entitled to probation
02-Nov-2023 (In Criminal Law)
Sir from lower court i have been convicted for 1 year under 420 and 120B and telegraphic act.. in CBi court again the judgement came as AS IT IS. So i am approaching for probation act. However in the lower court they have written the judgement stating code of conduct not gud so can i get under probation or not thanks.
Your advocate has to argue during the course of hearing sentence and convince the court and if the court takes a lenient view and that too the punishment is for a year the court can pass an order on po act.
Provisions of Probation of Offenders Act,1958 normally cannot be applied to the following offences:
ACB cases (AIR 1983 SCC 359).
Section 304 part-II of IPC [8],
NDPS Cases ( (2002) 9 SCC 620),
Section 304-A (AIR2000 SC 1677),
Section 325 IPC[9],
Sections 409, 467, 471 IPC (AIR 2001 SC 2058;),
Kidnap and, abduction (AIR 1979 SC 1948),
Habitual offenders, (Kamroonissa v. State of Maharashtra, AIR 1974 SC 2117), etc.
Provisions of Probation of Offenders Act,1958 normally cannot be applied to the following offences:
ACB cases (AIR 1983 SCC 359).
Section 304 part-II of IPC [8],
NDPS Cases ( (2002) 9 SCC 620),
Section 304-A (AIR2000 SC 1677),
Section 325 IPC[9],
Sections 409, 467, 471 IPC (AIR 2001 SC 2058;),
Kidnap and, abduction (AIR 1979 SC 1948),
Habitual offenders, (Kamroonissa v. State of Maharashtra, AIR 1974 SC 2117), etc.
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