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Applicability of Probation of Offenders Act, 1958

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The Probation of Offenders Act, 1958 is a reformative legislation which was enacted to reform convicts. There is one aspect of its applicability and that is this Act does not apply to the Statutes which are enacted later than this Act and mentions the minimum punishment.

The Supreme Court in the case of Superintendent, Central Excise v. Bahubali[i] held that “where there is a statute which bars the exercise of judicial discretion in matter of award of sentence, the Probation of Offenders Act will have no application or relevance.”

Later, the Supreme Court while giving more clarification on this issue held in the case of State through S.P., New Delhi v. Ratan Lal Arora[ii] that “ in cases where a specific enactment, enacted after the Probation Act prescribes a minimum sentence of imprisonment, the provisions of Probation Act cannot be invoked if the special Act contains any provision to enforce the same without reference to any other Act containing a provision, in derogation of the special enactment, there is no scope for extending the benefit of Probation Act to the accused”.

In the case of Ratan Lal[iii], the accused was convicted of the charges under the Prevention of Corruption Act. Later, the High Court released him on probation on account of his good conduct. This was challenged. The Supreme Court stated that the judiciary cannot award the less punishment then prescribed in the Statute. This is a limit on judicial discretion. The benefit of the Probation Act cannot be extended to the accused because Section 28 of the Prevention of Corruption Act states that the provisions of this Act are in addition to and not in derogation of any other law for the time being in force.  

Recently, the Calcutta High Court held that the Probation Act does not apply to the POCSO Act, 2012[iv]

In Conclusion, the Probation Act is not applicable in cases of Special Acts if the special enactment does not have a provision which mentions the derogation of special enactment.


[i] AIR 1979 SC 1271.

[ii] (2004) 4 SCC 590.

[iii] Ibid.

[iv] Prakash Shaw v. State of West Bengal, C.R.A. 69 of 2018. 

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