https://www.taxtmi.com/caselaws?id=305268 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. en-us Tue, 19 Jan 2021 00:00:00 +0530 Thu, 24 Nov 2022 23:19:50 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=305268 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. Case-Laws Indian Laws Tue, 19 Jan 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=305268