Probation -- POCSO -- Age for Section 6 Benefit Reckoned on Date of Conviction, Not Date of Offence
The benefit under Section 6 of the Probation of Offenders Act, 1958 is available only if the accused is below 21 years of age on the date of conviction and sentencing, not on the date of commission of the offence. Further, even an accused below 21 years cannot claim this benefit if convicted of an offence punishable with imprisonment for life. The POCSO Act, enacted to protect children from sexual offences, carries a minimum sentence of 10 years, which must weigh against grant of probation.
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