In a significant ruling, the Supreme Court of India clarified that even offenders sentenced only to a fine can be considered for probation under the law. The Court partly allowed an appeal filed by multiple accused persons convicted in an assault case from Maharashtra.
Background of the Case
The case arose from an incident in November 2019 involving a 17-year-old girl and her family. According to the prosecution, one of the accused approached the girl with a marriage proposal, leading to a confrontation. The situation escalated when the accused later attacked the girl’s father using sticks and rods.
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An FIR was registered under several provisions of the Indian Penal Code, including causing hurt and assault. While the trial court acquitted one accused, the remaining were convicted under Sections 323 and 324 IPC. The High Court upheld this conviction and imposed fines without any imprisonment.
The accused then approached the Supreme Court but limited their plea to seeking relief under the Probation of Offenders Act, 1958.
The bench, led by Justice J.K. Maheshwari, closely examined whether probation could be granted in cases where the punishment is only a fine.
“The Act is a beneficial legislation,” the Court observed, emphasizing that its purpose is reform rather than punishment. It added that courts should interpret such laws in a way that supports rehabilitation.
A key issue before the Court was whether probation under Section 4 of the Act applies when no jail sentence is imposed. Rejecting the State’s argument, the bench clarified,
“The term ‘punishment’ includes fine, and release under probation can extend even to such cases.”
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The Court further explained that the concept of “release” is not limited to physical custody. It includes release from the obligation of serving any sentence, including payment of fine.
The Court took into account several factors before granting relief. It noted that the accused had no prior criminal record and the incident stemmed from a local dispute.
The bench also considered that two of the appellants were government employees and that the offence did not involve moral turpitude.
“The objective is to reintegrate offenders into society as responsible citizens,” the Court noted.
While upholding the conviction, the Supreme Court modified the sentence.
For three accused persons convicted under Sections 323 and 324 IPC, the Court granted the benefit of probation under Section 4 of the Probation of Offenders Act. They were directed to execute bonds for good conduct for one year and remain under supervision.
For the fourth accused, who was convicted only under Section 323 IPC, the Court granted relief under Section 3 of the Act and ordered release after due admonition.
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The Court also directed that the fines imposed earlier be deposited within four weeks and treated as compensation for the victims. It further clarified that, under Section 12 of the Act, the conviction would not lead to disqualification in their service careers.
Case Details
Case Title: Milind S/o Ashruba Dhanve & Ors. vs State of Maharashtra
Case Number: Criminal Appeal arising out of SLP (Crl.) No. 6843 of 2024
Judges: Justice J.K. Maheshwari and Justice Atul S. Chandurkar
Decision Date: April 10, 2026
