Granting benefit of s.6 of probation of offenders Act is a rule and to-deny benefit is an exception.

As far as the provisions of section 6 of the Act are concerned, they relate to offenders who are below 21 years old. It would appear that under section 6, the ordinary rule is to grant the benefit. Granting the benefit is a rule and to-deny the benefit is an exception. This is apparent from sub-section (2) of section 6 of the Act. The said sub-section provides that in case it is found that it is not desirable to extend the benefit to an offender, the Court shall call for a report from a Probation Officer and consider the report, if any, and any other information available to it relating to the character and physical and mental condition of the offender. It would, thus appear that in case a benefit is to be extended nothing further is required. It is only when a benefit is to be denied that the aforesaid procedure is to be adopted. The above procedure is in contrast with the procedure which has been laid down in section 4. Section 4 deals with all offenders above the age of 21. In cases falling under section 4, the Court is required, before making an order, extending the benefit of section 4, to take into consideration the report, if any, of the Probation Officer concerned in relation to the case. That, however, is not required for giving benefit under section 6. Hence, while extending the benefit of section 4 a procedure in regard to taking into consideration the report of the Probation Officer has been laid down. No such procedure is required to be followed in case a benefit is to be given under section

6. It is only when the benefit is to be denied that the procedure prescribed under sub-section (2) of section 6 i.e. of calling for a report from the Probation Officer and considering the same is required to be undertaken. The scheme of the provisions is clear. Benefit of section 6 will ordinarily have to be granted. It is only in rare and exception cases that the benefit can be refused.

11. If the benefit under section 6 of the Act is intended to be given no reasons are required to be given in support. If, however, the provisions of section 6 are applicable to an accused and if the case is not found fit for extending the benefit, reasons will have to be given why the benefit is being denied. 

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