ProbationUnder 21Supreme Court of India

Isher Das v State of Punjab

AIR 1972 Supreme Court 129519721 min read
The case in brief30-second read
Facts
Isher Das (aged 19) was convicted and sentenced to imprisonment. The court did not consider whether the POA was applicable or call for a probation officer's report.
Issue
Whether S.6 POA creates a mandatory obligation to consider probation for under-21 offenders.
Held
S.6 creates an obligation, not merely discretion. The court must consider probation for every offender under 21.
Principle
S.6 POA mandates that no person under 21 shall be imprisoned without first considering probation. Court must call for probation officer's report and record reasons before sentencing under-21 offender.
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Facts

  • Isher Das (aged 19) was convicted and sentenced to imprisonment.
  • The court did not consider whether the POA was applicable or call for a probation officer's report.
  • Appeal challenged the sentence.

Issue

  1. Whether S.6 POA creates a mandatory obligation to consider probation for under-21 offenders.

Held

  • S.6 creates an obligation, not merely discretion. The court must consider probation for every offender under 21.
  • The court must: (a) call for a probation officer's report, (b) consider all factors under S.4, (c) only if satisfied probation is unsuitable, record reasons and impose imprisonment.
  • Sentencing an under-21 offender without this exercise vitiates the sentence.
  • Imprisonment is the last resort for young offenders.

Ratio decidendi

S.6 reflects the legislative presumption that young persons are more amenable to reform than adults. The mandatory consideration of probation ensures that no young offender is imprisoned without the court actively examining whether rehabilitation in the community is possible and preferable.

Exam use

How to use it in an answer

  • Part A (6 marks): Cite for: "S.6 POA: near-mandatory for under-21." Sentence without considering POA is illegal.
  • Key line for exam: "For offenders under 21, imprisonment is the last resort. S.6 POA mandates consideration of probation with reasons recorded."

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Citation

Isher Das v. State of Punjab AIR 1972 Supreme Court 1295

Reported: AIR. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.