Probation of Offenders

Probation of Offenders Act, 1958

— S. 4 — Scope and applicability of provisions of the 1958 Act vis-à-vis provisions of Ss. 360 & 361 CrPC — Held, where provisions of the 1958 Act apply resort to S. 360 CrPC is not required — Enforcement of the 1958 Act in some particular area excludes the applicability of the provisions of Ss. 360 & 361 CrPC in that area — Distinguishing the provisions of S. 360 CrPC from those of the 1958 Act, held, the two statutes (i.e. 1958 Act and CrPC) with such significant differences could not be intended to coexist at the same time in the same area — Such coexistence would lead to anomalous results, (2006) 5 SCC 396-A

Criminal Procedure Code, 1973

— Ss. 362 and 360 — Modification of judgment — Permissibility — Prayer to modify the judgment after conviction by directing the appellant to be released on probation under S. 4 of the Probation of Offenders Act, 1958 or in the alternative under S. 360 CrPC — Rejection of, by High Court, held, was justified in the absence of any provision for modification of the judgment — But considering the peculiar circumstances, High Court directed to consider appellant's application under the Probation Act or S. 360 CrPC, as the case may be, (2006) 5 SCC 396-B