Code of Criminal Procedure, 1973–Sec. 360(1) [Corresponding Sec. 401(2) of BNSS, 2023]–Probation of Offenders Act, 1958–Sec. 4(1)–Comparision between the both provisions–Latter provision is wider and expensive in its coverage than the former–While Section 360 permits release of an offender, more twenty-one years old, on probation when he is sentenced to imprisonment for less than seven year or fine, Section 4 enables a Court to exercise its discretion in any case where the offender is found to have committed an offence such that he is punishable with any sentence other than death or life imprisonment–Additionally, the non obstante clause in sub-Section gives overriding effect to sub-Section (1) of Section 4 over any other law for the time being in force–Also, it is noteworthy that Sec. 361 itself being a subsequent legislation engrafts a provision that in any case where the Court could dealt with an accused under the provisions of the PO Act but has not done so, it shall record in it judgment the special reasons therefor.
