Though, A (a person of 22 years) is convicted of an offence punishable with life imprisonment, the Judge wants to release him on probalion. Discuss.

1. Whether A is entitled to release on probation? NO

2. Whether A is liable for the offence? YES

Restrictions on imprisonment of offenders under twenty one years of age. Section 6 (1) of the Probation of Offenders Act, 1958 provides that when any person under twenty one years of age is found guilty of having committed an offence punishable with imprisonment (but not with imprisonment for life), the Court by which the person is found guilty shall not sentence him to imprisonment unless it is satisfied that,, having regard to the circumstances of the case including the nature of the offence and the character of the offender, it would not be desirable to deal with him under Section 3 or Section 4, and if the Court passes any sentence of imprisonment on the offender, it shall record its reasons for doing so.

Application:

This problem is related to the 'order to release on probation of good conduct'. Section 360 of CrPC provides that keeping in view the age, character, and antecedents and to the circumstances in which the offence was committed, the Court may instead of sentencing him to any punishment release him after admonition or non probation of good conduct. The offender may instead of sentencing him to any punishment release him after admonition or on probation of good conduct. The offender may be released on his entering into a bond, with or without sureties. The period during which he can be bound to keep peace and be of good behavior is not exceeding three years. During this period he is liable to be called upon to appear in Court to receive a sentence.

A release on probation is permissible only if the following conditions are satisfied. They are;

A) There is no previous conviction proved against the offender

B) The offender is under 21 years of age or woman of any age convicted of an offence not punishable with death or life imprisonment.

C) The offender is under 21 years of age, convicted of an offence punishable with fine only or imprisonment for a term of 7 years or less.

Conclusion:

In the instant problem, A is not entitled to release on probation because he is 22 years of age. Hence, A is liable for the offence.