Releasing First-Time Offenders On Probation Can Prevent Jail Stigma; Court Empowered To Grant Relief In Minor Offences: P&H High Court

The Punjab and Haryana High Court has said that the Court is empowered to release first time convict of minor offence under Probation of Offenders Act 1958 and the same protects them from the stigma and negative impact of incarceration.

The Court directed the release of a convict in a 2016 FIR under Sections 148 (rioting, armed with a deadly weapon) and 323 (punishment for voluntarily causing hurt) of the IPC, read with Section 149, who had been sentenced to undergo rigorous imprisonment for a maximum period of one year in 2019, on probation. 

Justice Manisha Batra said, "The object underlying the provisions of Sections 4 and 6 of the Probation of Offenders Act, 1958...and Sections 360 & 361 of Cr.PC, is that the first offenders be not sent to jail for the commission of less serious offences, on account of grave risk to their attitude to life to which they are likely to be exposed as a result of their association with the hardened and habitual criminal inmates of the jail. Their stay in jail in such circumstances might well attract them towards a life of crime instead of reforming them."

The Court noted that the mandatory injunction against imposition of sentence of imprisonment has been embodied in Section 6 of the Probation Act and it is inspired by the desire to keep the young delinquent/first offenders away from the possibility of association or close contact with hardened criminals and their evil influence.

"Therefore, these beneficial provisions have to be liberally construed," it added.

The Court further explained that, the types of persons, who are in the contemplation of the legislature under the probation law are those who are not hardened or dangerous criminals, but those who have committed offences under some momentary weakness of character or some tempting situation.

"By placing the offender on probation, the Court saves him from the stigma of jail life and also from the contaminating influence of hardened prison inmates. Probation also serves another purpose, which is quite significant though of secondary importance. It helps in eliminating overcrowding in jails by keeping many offenders away from the prison," said the bench. 

The Court referred to Section 360 Cr.P.C. which deals with order to release the accused on probation of good conduct or after admonition, and Section 361 Cr.P.C. which provides that "where in any case the Court could have dealt with an accused person under Section 360 or under the provisions of the Probation Act, but has not done so, it shall record in its judgment the special reasons for not having done so."

Justice Batra concluded that, "the conjoint and meaningful reading of the beneficial provisions of the Probation Act would reveal that non-obstante clause contained in Section 4 that points to the conclusion that the provisions of this Section would have overriding effect, shall prevail if the conditions described therein are fulfilled. Meaning thereby, the Court has the ample power to release the first offender of minor offences on probation, keeping into focus the nature & manner of the crime, age of the offender, other antecedents and attending circumstances of the offence instead of committing him to jail."

Considering that "no useful purpose would be served by detaining his into jail to serve out the remaining period of sentence," the Court released him probation.

Mr. H. S. Mann, Advocate for the petitioner.

Ms. Sakshi Bakshi, AAG, Punjab.

Title: Gora Singh v. State of Punjab

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