Supreme Court · 2003 INSC 66 · Decided 6 February 2003
State of Madhya Pradesh and ANR. v. Bhola @ Bhairon Prasad Raghuvanshi
- Court
- Supreme Court of India
- Citation
- 2003 INSC 66 · [2003] 1 S.C.R. 906
- Case number
- CIVIL APPEAL No. 92/2002
- Decided
- 6 February 2003
- Bench
- S. RAJENDRA BABU, D.M. DHARMADHIKARI, G.P. MATHUR (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- IPC Section 396; Constitution
Headnote
C Madhya Pradesh Prisoners' Release on Probation Act, 1954/Madhya Pradesh Prisoners' Release on Probation Rules, 1964 -Sections 2 and 9(4)/ Rule 3(a)-Release on probation-Rule. excluding certain offences from application of the Act-Validity of the Rule-Held, the Rule is not ultra vires the Act-Act serious offences-The Rule is a delegated legislation and it is open to the legislature to lay down D a general policy permitting reformative method of punishment but by limiting its application to less serious crimes-U.P. Prisoners' Release on Probation Act, 1938-Sections 2 and 9-U.P. Prisoners'
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