Supreme Court · 2006 INSC 474 · Decided 27 July 2006
Daljit Singh and ORS. v. State of Punjab Through Secretary Home Affairs
- Court
- Supreme Court of India
- Citation
- 2006 INSC 474 · [2006] SUPP. 4 S.C.R. 115
- Case number
- CRIMINAL APPEAL No. 797/2006
- Decided
- 27 July 2006
- Bench
- ARIJIT PASAYAT, LOKESHWAR SINGH PANTA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 324134, 3231, 307, 34, 324, 323; CrPC Section 360, 361
Headnote
B Code of Criminal Procedure, 1973/Probation of Offenders Act, 1958: ss. 360 and 36//s.4-Applicability of-Held, legislature in its wisdom has obliged the Court uls 361 of the Code to apply one of the two beneficial C provisions i.e. s.360 of the Code or provisions of the Probation Act-It is only withheld by the Court-However, where provisions of Probation Act are applicable, s.360 of the Code is not to be applied-Enforcement of Probation Act, in some particular area excludes applicability of provisions of ss. 360 and 361 of the Code- D Comparative ana(vsis of provisions of Probation Act
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