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december 1962

Supreme Court of India · 1962-12-06

RAMJI MISSIR AND ANOTHER vs THE STATE OF BIHAR

Citation / case number
SC 1962/232
Court
Supreme Court of India
Petitioner
RAMJI MISSIR AND ANOTHER
Respondent
THE STATE OF BIHAR
Bench
AYYANGAR, N. RAJAGOPALA

Judgment text excerpt

The Supreme Court interpreted Section 6(1) of the Probation of Offenders Act, 1958, clarifying that the age of the offender is determined at the time the court deals with the offender, not at the time of the offence. The Court held that while B, aged 19, was ineligible for probation due to his conviction for a life punishable offence, R, aged 21, was not granted probation as the trial judge deemed the assault premeditated. The Court affirmed the High Court's discretion under Section 11 of the Act to impose sentences, emphasizing that the provisions of Section 6(1) guide the High Court's jurisdiction under Section 11(1).

RAMJI MISSIR AND ANOTHER vs THE STATE OF BIHAR · Niyam