Legal provisions regarding Courts competent to make order under the Act, appeal and revision and powers of Courts in appeal and revision under Section 11 of Probation of Offenders Act, 1958.
(1) Notwithstanding anything contained in the Code of Criminal Procedure or any other law, an order under this Act may be made by any Court empowered to try and sentence the offender to imprisonment and also by the High Court or any other Court when the case comes before it on appeal or in revision.
Image Source: i.ytimg.com
(2) Notwithstanding anything contained in the Code, where an order under Section 3 or Section 4 is made by any Court trying the offender (other than a High Court), an appeal shall lie to that Court to which appeals ordinarily lie from the sentences of the former Court.
(3) In any case where any person under twenty-one years of age is found guilty of having committed an offence and the Court by which he is found guilty declines to deal with him under Section 3 or Section 4, and passes against him any sentence of imprisonment with or without fine from which no appeal lies or is preferred, then, notwithstanding anything contained in the Code or any other law, the Court to which appeals ordinarily lie from the sentences of the former Court may, either of its own motion or on an application made to it by the convicted person or the Probation Officer, call for and examine the record of the case and pass such order thereon as it thinks fit.
(4) When an order has been made under Section 3 or Section 4 in respect of an offender, the Appellate Court or the High Court in the exercise of its power of revision may set aside such order and in lieu thereof pass sentence on such offender according to law.
However, the Appellate Court or the High Court in revision shall not inflict a greater punishment than might have been inflicted by the Court by which the offender was found guilty.
Section 11 provides that notwithstanding anything contained in the Cr. PC. or any other law, an order under this Act may be made by any Court empowered to try and sentence offender to imprisonment. Such order can also be made by the High Court or any other Court when the case comes before it in appeal or in revision.
ADVERTISEMENTS:
In Rattan Lal v. State of Punjab, it was held that the language of Section 11 of the Probation of Offenders Act, 1958 was comprehensive enough to enable the Supreme Court either to apply Section 6 of this Act on its own whenever it was applicable or direct the High Court to do so. The view has been reinstated by the Supreme Court in Satyabhan v. State of Bihar, also.