Punishment - lenient view taken by lower courts - instruction to counsels

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....f special and adequate reasons to the contrary to be recorded in the judgment of the Court, the minimum punishment that may be given by a Magistrate is rigorous imprisonment for not less than 6 months, most of the Magistrates and higher courts have been letting off offenders and taking a lenient view on the basis of sections 3 and 4 of the Probation of Offenders Act, 1958. There are provisions sim....

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....nd the intention of the legislature as revealed by the fact that minimum sentence of imprisonment for a period of six months and a fine of rupees one thousand has been prescribed, the courts should not lightly resort to the provisions of the Probation of Offenders Act in the case of persons above 21 years of age found guilty of offences under the Prevention of Food Adulteration Act". 2. Another....

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....tion of Offenders Act may or may not find favour with the courts if we argue that the provision of minimum imprisonment in section 277 of the Income-tax Act came into effect only from 1st April, 1964 whereas the Probation of Offenders Act was passed in 1958. While the Board desire that the first mentioned observations should invariably be utilised by our prosecution counsels while arguing prosecut....