Section 12 the Probation of offenders act, 1988
Section 12 – The Probation of Offenders Act, 1988
👉 Title: Removal of disqualification attaching to conviction
📜 Text of the Section:
“Notwithstanding anything contained in any other law, a person found guilty of an offence and dealt with under the provisions of section 3 or section 4 shall not suffer disqualification, if any, attaching to a conviction of an offence under such law.”
✅ Meaning and Explanation:
Section 12 provides protection against disqualification for persons who are granted probation under Section 3 (admonition) or Section 4 (release on probation of good conduct).
This means that if a person is not sentenced but is given the benefit of probation, they:
Will not be considered as convicted for the purpose of any disqualification (e.g., from jobs, licenses, etc.).
Can legally claim a clean record, despite being found guilty, if the court has applied probation under Section 3 or 4.
🔍 Key Points:
This provision encourages rehabilitation over punishment for first-time and minor offenders.
It protects employment, civil rights, and other opportunities which might be affected by a criminal conviction.
Applies only when the court explicitly uses Section 3 or 4 of the Act.
⚖️ Important Case Law:
Mohd. Rafi v. State of UP (2010)
The Supreme Court held that if a person is released on probation under Section 4, he cannot be disqualified from government service solely on the ground of conviction.
Haricharan v. State of Bihar (1985)
It was held that conviction does not result in penal consequences if Section 12 is applied after probation.
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