Convict Given Benefit Of Probation Won't Suffer Any Disqualification Due To Conviction : Supreme Court

The Supreme Court recently held that when a Court confirms a conviction but extends the benefit of probation on grounds of good conduct, it cannot deny the consequential benefit which is the removal of disqualification, if any, attached to the conviction. 

In the present case, the conviction was under Sections 399 and 402 of the Indian Penal Code, 1806 (IPC) along with Sections 3/25 and 4/25 of the Arms Act, 1959 by the Trial Court. However, the Allahabad High Court quashed the convictions under the IPC.

For the offences under the Arms Act, the Court upheld the conviction. Still, it extended the benefit of Section 4 (power of court to release certain offenders on probation of good conduct) of the Probation of Offenders Act, 1958. Instead of sentencing them immediately, the Court released the convict on bail for 2 years.

When the appellant was denied public employment due to his conviction, he filed an application before the High Court seeking a declaration that no disqualification is attached to him, since he was given the benefit of probation. He sought the benefit of Section 12(removal of disqualification attaching to conviction) as a consequence of having given the benefit of Section 4. However, the High Court rejected the application, saying that it has become functus officio after passing the conviction order and cannot review its order.

At the Supreme Court, a bench of Justices J.K. Maheshwari and Rajesh Bindal decided the issue on the limited question of whether having extended the benefit of probation for good conduct, can the consequential benefit be denied. 

Answering in the affirmative, the Court said: "On perusal thereof, we had no scintilla of doubt that when a person who is found guilty, is extended the benefit of Section 3 or 4 of the Probation of Offenders Act, then he shall not suffer disqualification, if any, attached to the conviction of an offence under such law."

The Court also took note of the fact that the High Court had extended the benefit of probation on good conduct to six other convict persons as well, although they did not claim benefits under Section 12. Keeping parity in mind, the Court found it imperative to extend the same benefit to all other convicts. 

Case Details: AMIT SINGH v. THE STATE OF RAJASTHAN., SLP (Crl.) Nos. 1134-1135 of 2023)

Citation : 2025 LiveLaw (SC) 48

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