Probation under the Offenders Act may still apply despite a mandatory minimum sentence where the case is otherwise fit for reformative relief.

The Probation of Offenders Act, 1958 was treated as a reformative statute aimed at avoiding unnecessary incarceration where probation is fit. Section 6 was noted as a mandatory protection for offenders below 21 years of age, operating by reference to age on the date of offence, but it did not assist on the facts stated. The controlling point was whether the discretionary power under Section 4, which contains a non obstante clause, is excluded by the mandatory minimum sentence under Section 397 of the Indian Penal Code. Reading the Act as a whole, the minimum sentence did not bar probation where the case was otherwise suitable, and the appellants were held entitled to probation of good conduct on furnishing bonds and sureties.

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Issues: Whether the appellants, who were below 21 years of age on the date of the offence and convicted under Section 397 of the Indian Penal Code, could be extended the benefit of probation under Section 4 of the Probation of Offenders Act, 1958 despite the prescribed mandatory minimum sentence.

Analysis: The special scheme of the Probation of Offenders Act, 1958 is reformative and seeks to avoid unnecessary incarceration of eligible offenders. Section 6 is a mandatory protective provision for offenders under 21 years of age, but it operates on the age at the date of offence and does not assist the appellants on the facts as discussed. The controlling question was whether Section 4, which is discretionary and contains a non obstante clause, stands excluded by the minimum sentence under Section 397 of the Indian Penal Code. Reading the Act as a whole, including its saving clause and the earlier authorities relied upon, the mandatory minimum under Section 397 does not bar the court from invoking Section 4 where the case is otherwise fit for probation.

Conclusion: The appellants were held entitled to the benefit of probation of good conduct under Section 4 of the Probation of Offenders Act, 1958 on completion of half the sentence and on furnishing the required bonds and sureties.

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