Law Web: report of probation officer

Sunday, 12 April 2026

Supreme Court: The court must call report of probation officer before considering the grant of benefit of probation to accused

We are conscious that in MCD (supra), since followed in State of Madhya Pradesh v. Man Singh MANU/SC/1505/2019 : 2019:INSC:1201 : (2019) 10 SCC 161, this Court has held that the report of the probation officer referred to in Sub-section (2) of Section 4 of the Probation Act is a condition precedent and, therefore, must be complied with by the trial courts and the high courts. Importantly, it has also been held that the courts may not be bound by such report. {Para 30}

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 2065 of 2025

Decided On: 22.04.2025

Chellammal and Ors. Vs. State represented by the Inspector of Police

Hon'ble Judges/Coram:

Dipankar Datta and Manmohan, JJ.

Author: Dipankar Datta, J.

Citation: 2025 INSC 540, MANU/SC/0538/2025.

Read full judgment here: Click here.

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Supreme Court: Court Can’t Omit From Its Consideration Release Of Offender On Probation Unless Applicability Is Excluded In Case Where S. 4(1) Probation Act Is Attracted

Summing up the legal position, it can be said that while an offender cannot seek an order for grant of probation as a matter of right but having noticed the object that the statutory provisions seek to achieve by grant of probation and the several decisions of this Court on the point of applicability of Section 4 of the Probation Act, we hold that, unless applicability is excluded, in a case where the circumstances stated in Sub-section (1) of Section 4 of the Probation Act are attracted, the court has no discretion to omit from its consideration release of the offender on probation; on the contrary, a mandatory duty is cast upon the court to consider whether the case before it warrants releasing the offender upon fulfilment of the stated circumstances. The question of grant of probation could be decided either way. In the event, the court in its discretion decides to extend the benefit of probation, it may upon considering the report of the probation officer impose such conditions as deemed just and proper. However, if the answer be in the negative, it would only be just and proper for the court to record the reasons therefor. {Para 28}