Benefit Of Probation Of Offenders Act Not Available To Person Convicted For Causing Death By Rash & Negligent Driving: Himachal Pradesh High Court
The Himachal Pradesh High Court was considering an Appeal filed by the State challenging the order of the Appellate Court, whereby benefit of section 3 of the Probation of Offenders Act has been given.
Justice Virender Singh, Himachal Pradesh High Court
The Himachal Pradesh High Court observed that the benefit of the provisions of Probation of Offenders Act should not be given to the person who has been convicted for the offence for causing death, due to the rash and negligent driving.
The Bench of Justice Virender Singh observed, “In view of the decisions of the Hon’ble Supreme Court, as referred to above, this Court would now proceed further, to consider as to whether, the judgment passed by the learned Appellate Court, modifying the order of sentence, passed by the learned trial Court, by extending the benefit of probation to the accused, is sustainable in the eyes of law or not. The answer to this question is in negative, as, it has constantly been held by the Hon’ble Supreme Court that the benefit of the provisions of Probation of Offenders Act, should not be given to the person, who has been convicted for the offence for causing death, due to the rash and negligent driving.”
Advocate Tejasvi Sharma represented the Petitioner, while Senior Advocate N.K. Thakur represented the Respondents.
Case Brief
An Appeal was filed by the State of Himachal Pradesh against the order of the Appellate Court, whereby benefit of section 3 of the Probation of Offenders Act has been given to the Respondent.
The Respondent was convicted for the offence punishable under Sections 279, 337 and 304A of the Indian Penal Code. It was contended by the State that the lower court had wrongly extended the benefit of Section 3 of the Probation of Offenders Act to the respondent, in violation of the decision of the Supreme Court.
It was also submitted that the Appellate Court failed to appreciate the fact that there has been an alarming increase in the number of accidents, caused by the vehicles, driven by the drivers under the influence of liquor or in a rash and negligent manner.
Court’s Observation
The question before the High Court was whether the benefit of probation can be given to the accused in the case of causing death by rash and negligent driving.
The High Court referred to the decision of the Supreme Court in Dalbir Singh versus State of Haryana (2000), wherein it was held that the benefit of probation is not to be extended to the person convicted of offence of causing death, by rash and negligent driving.
While answering the question of whether the judgment passed by the Appellate Court extending the benefit of probation to the accused, was sustainable in the eyes of law in negative, the High Court underscored that it has constantly been held by the Supreme Court that the benefit of the provisions of Probation of Offenders Act, should not be given to the person, who has been convicted for the offence for causing death, due to the rash and negligent driving.
Accordingly, the Appeal was allowed by the High Court.
Cause Title: State of H.P. V. Rajika Gupta (Neutral Citation: 2025:HHC:30400)
