Section 6 Of Probation Of Offenders Act Applies When Accused Is Under 21 Years Of Age On Date Of Imposition Of Punishment: Delhi High Court
The Court held that the age on the date of commission of the offence is not relevant.
The Delhi High Court has clarified that Section 6 of the Probation of Offenders Act would apply only when the accused is under 21 years of age on the date of imposition of punishment and not on the date of commission of the offence.
The High Court was considering an appeal challenging the impugned judgment setting aside the order whereby the respondent Deepak was convicted for the offences punishable under Sections 363, 366, 342 of the Indian Penal Code, 1860 (IPC) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).
Following the decision of the Apex Court in Sudesh Kumar v. State of Uttrakhand (2008), the Division Bench of Justice Navin Chawla and Justice Ravinder Dudeja held, “Even otherwise, Section 6 of the Probation of Offenders Act applies to the accused, who is under 21 years of age on the date of imposition of punishment and not on the date of commission of offence. If on the date of order of conviction and sentence, the accused is below 21 years of age, only then, the provisions of Section 6 of the Act shall apply.”
Additional Public Prosecutor Aman Usman represented the Petitioner while Advocate Dinesh Malik represented the Respondent.
Arguments
The respondent/convict submitted that his age was 21 years at the time of the commission of the offence. It was further claimed that the incident pertained to the year 2014, and the victim as well as the convict were settled in their respective lives.
It was the case of the State that since Section 6 of the POCSO Act provides for a minimum sentence of 10 years imprisonment, the benefit under the Probation of Offenders Act could not be given.
Reasoning
The Bench noted that Section 6 of the POCSO Act, as applicable at the relevant time, provided punishment of rigorous imprisonment for a term not less than 10 years, but which might extend to imprisonment for life and would also be liable to fine. The Bench explained that the Probation of Offenders Act, 1958, empowers the Courts to release an offender after admonition in respect of certain specified offences and also empowers the Courts to release on probation, in all suitable cases, an offender found guilty of having committed an offence not punishable with death or imprisonment for life.
“In respect of the offenders under 21 years of age, special provision has been made putting restriction on their imprisonment. However, before granting benefit of Probation of Offenders Act, it must be shown that the convict, even though, less than 21 years of age, was not guilty of an offence punishable with imprisonment for life”, it added.
The Bench clarified that if on the date of the order of conviction and sentence, the accused is below 21 years of age, only then would the provisions of Section 6 of the Act apply. Considering that on the date of conviction, the age of the respondent was more than 21 years, the Bench held that he was not entitled to the benefit of Section 6 of the Probation of Offenders Act.
Highlighting the fact that the POCSO Act was enacted to provide for the protection of children from the offences of sexual assault, sexual harassment and pornography and considering the objective behind the enactment as also the punishment, the Bench held that the respondent was not entitled to the grant of probation under Sections 4 and 6 of the Probation of Offenders Act, 1958. Dismissing the appeal, the Bench granted a compensation of Rs 10.5 lakh to the child victim for the offence of aggravated penetrative sexual assault/rape committed upon her.
Cause Title: State of NCT of Delhi v. Deepak (Neutral Citation: 2026:DHC:4523-DB)
Appearance
Appellant: Additional Public Prosecutor Aman Usman, Advocates Manvendra Yadav, Atiq Ur Rehman
Respondent: Advocates Dinesh Malik, Puneet Jain, Lavish Arora, Respondent-in person