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Supreme Court of India10 April 20262026 INSC 355

Milind Dhanve & Ors. v. State of Maharashtra

Bench of 2 · Justice J.K. Maheshwari, Justice Atul S. Chandurkar

Why it matters

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Advocates defending accused who have been convicted but sentenced only to fine — with no imprisonment — can now squarely invoke s.4 of the Probation of Offenders Act, 1958 to seek probation and, critically, invoke s.12 to shield their clients from service or other statutory disqualifications flowing from the conviction; the Supreme Court has authoritatively rejected the State's argument that "release" under s.4 presupposes incarceration.

Summary

Four appellants — government employees — were convicted under ss.323 and 324 r/w s.34, IPC for assaulting members of the same locality during a Diwali-morning altercation in 2019. The Trial Court (Special Judge, POCSO, Beed) and the Bombay High Court (Aurangabad Bench) imposed only fines — Rs.500/- under s.323 and Rs.2000/- under s.324 — with no term of imprisonment. Before the Supreme Court, the appellants abandoned the merits and pressed solely for the benefit of ss.3 and 4 read with s.12 of the Probation of Offenders Act, 1958. The State resisted, arguing that s.4 is premised on sparing an offender from incarceration and that the word "release" in s.4 is inapplicable where no imprisonment has been awarded.

Disposed of — the Court extended the benefit of s.4 to A-1, A-2 and A-3 (convicted under both ss.323 and 324) and the benefit of s.3 to A-4 (convicted under s.323 only). The core reasoning is that "punishment" in the 1958 Act must be read in light of s.53 IPC and s.4 BNS, both of which enumerate fine as a distinct form of punishment alongside imprisonment; ss.3 and 4 of the 1958 Act therefore naturally extend to sentences of fine alone. The word "release" in s.4 cannot be confined to release from physical custody — it must be read as setting the offender at liberty from the obligation to serve any sentence, including payment of fine.

The Court also noted the divergence between Sanjay Dutt (A-117) v. State of Maharashtra (holding that s.360 CrPC and the 1958 Act cannot co-exist) and Lakhanlal v. State of M.P. (holding them mutually co-existent by virtue of s.360(10) CrPC and the non obstante clause in s.4 of the 1958 Act), but declined to resolve that conflict, confining itself to the fine-only question. Relevant factors considered: no prior or subsequent criminal record, government employment, absence of moral turpitude, and the reformative object of the 1958 Act. Fines directed to be treated as compensation to the victims. By virtue of s.12, no service disqualification shall attach to the conviction.

Key principle

The benefit of s.4 of the Probation of Offenders Act, 1958 is available to an offender sentenced solely to payment of fine, because "punishment" in the Act must be construed to include fine as enumerated in s.53 IPC and s.4 BNS, and "release" in s.4 means setting the offender at liberty from the obligation to serve any sentence — including a sentence of fine only.

Holding

Disposed of — the appeal was allowed to the extent of extending the benefit of s.4 of the Probation of Offenders Act, 1958 to appellants convicted and fined under ss.323 and 324 IPC, and s.3 to the appellant convicted under s.323 IPC alone, on the ground that fine is a "punishment" within the Act and "release" under s.4 is not confined to release from custody.

Statutes invoked

  • Probation of Offenders Act, 1958 · 3
  • Probation of Offenders Act, 1958 · 4
  • Probation of Offenders Act, 1958 · 12
  • IPC · 323
  • IPC · 324
  • IPC · 34
  • IPC · 53
  • BNS · 4
  • CrPC · 360

Practice areas

criminal
AI-generated summary, written by Claude Sonnet 4.6 from the court's published judgment. Always verify the original before relying on the summary in court. Generated on 21 May 2026.