All NotesCriminal LawProbation of Offenders Act, 1958

Probation of Offenders Act, 1958

Probation of Offenders Act Section 4 vs Section 6

Section 4 vs Section 6 of the Probation of Offenders Act, 1958: General Power of Probation and the Special Protection for Offenders under Twenty-One Compared on Coverage, Offences, the Court's Starting Point, the Probation Officer's Report, Reasons, Age and Review

Section 4 and Section 6 of the Probation of Offenders Act, 1958 are often studied separately, but they are best understood together. Section 4 gives every criminal court a general power to release an offender on probation of good conduct. Section 6 does not add a new form of release; it takes the powers in Sections 3 and 4 and turns them, for offenders under twenty-one, from a discretion into the starting point. This note compares the two provisions on every point that matters and shows how a court decides which applies.

1. How the Two Provisions Fit Together

Section 6 operates inside the field of Section 4

Figure 1: Section 6 operates inside the field of Section 4

Section 4 is the general provision: any offender, of any age, convicted of an offence not punishable with death or life imprisonment, may be released on a bond of good conduct. Section 6 carves out a protected group within that field, offenders under twenty-one convicted of offences punishable with imprisonment (but not life), and changes the court's approach for them. Every offender protected by Section 6 is also eligible under Section 4; the reverse is not true.

2. The Comparison, Point by Point

Section 4 and Section 6 compared

Figure 2: Section 4 and Section 6 compared

  • Who is covered. Section 4: any offender, whatever his age (Isher Das v. State of Punjab, (1973) 2 SCC 65). Section 6: only offenders under twenty-one.
  • Offences covered. Section 4: any offence not punishable with death or imprisonment for life, including offences punishable with fine only. Section 6: offences punishable with imprisonment, but not with imprisonment for life.
  • The court's starting point. Section 4: the court 'may' release if it considers it expedient. Section 6: the court 'shall not sentence him to imprisonment' unless it is satisfied that release under Section 3 or 4 would not be desirable.
  • Probation officer's report. Section 4(2): the court takes into consideration the report 'if any'; the Supreme Court in Chellammal (2025) treated calling for it as a necessary step. Section 6(2): the court 'shall call for' the report and consider it, with any other information on the offender's character and physical and mental condition.
  • Reasons. Section 4: no express duty to give reasons for refusing, though Section 402 BNSS requires special reasons and good practice demands them. Section 6(1): if the court imposes imprisonment, it 'shall record its reasons'.
  • Nature of the provision. Section 4 confers a discretion. Section 6 is mandatory and acts as an injunction to courts (Lakhvir Singh v. State of Punjab, (2021) 2 SCC 763)
  • Relevant date for age. Not relevant under Section 4. Under Section 6, the offender's age on the date of sentence (Ramji Missar, 1963; Sudesh Kumar v. State of Uttarakhand, 2008)
  • Review where no appeal. Section 4: ordinary appeal and revision under Section 11. Section 6: in addition, Section 11(3) allows the appellate court to call for the record of its own motion, or on the offender's or probation officer's application, where a young offender has been imprisoned and no appeal lies or is filed.
  • Form of release. Both lead to release under Section 3 or Section 4. Section 6 does not create a separate order.

3. Deciding Which Applies

A decision path for Section 4 and Section 6

Figure 3: A decision path for Section 4 and Section 6

⚠ Common mistakes

First, treating Section 6 as the only route for young offenders and forgetting that Section 4 applies to adults too. Secondly, using the date of the offence for Section 6, when the Supreme Court has fixed the date of sentence. Thirdly, imprisoning a young offender without calling for the report under Section 6(2), which vitiates the sentence. Fourthly, assuming that Section 6 applies to fine-only offences; it applies to offences punishable with imprisonment, though Sections 3 and 4 remain available for fine-only offences.

4. The Cases that Shape Each Provision

  • Isher Das v. State of Punjab, (1973) 2 SCC 65. Section 4 is not limited by age; Section 6 is an additional protection for those under twenty-one.
  • Chellammal v. State, 2025 INSC 540. Under Section 4, the court has no discretion to omit probation from consideration where it applies, and must call for the report.
  • Ramji Missar v. State of Bihar, AIR 1963 SC 1088. Section 6 is aimed at keeping young offenders away from hardened criminals; age is judged when the court deals with the offender.
  • Sudesh Kumar v. State of Uttarakhand, 2008 INSC 113. The relevant age for Section 6 is the age on the date of sentence.
  • Daulat Ram v. State of Haryana, AIR 1972 SC 2434. Appellate courts, including the Supreme Court, must apply Section 6.
  • Lakhvir Singh v. State of Punjab, (2021) 2 SCC 763. Section 6 is mandatory and its benefit can be granted at any stage.

5. Quick Revision and Memory Aids

  • '4 may, 6 shall'. Discretion under Section 4; duty under Section 6.
  • 'Report if any; report shall'. Section 4(2) against Section 6(2)
  • 'Reasons for jail, not for release'. Section 6(1) requires reasons when a young offender is imprisoned.
  • 'Any age for 4; under 21 at sentence for 6'. Coverage and relevant date.
  • '6 lives inside 4'. Every Section 6 offender is also a Section 4 offender.
  • '11(3) guards 6'. The special review for imprisoned young offenders.

6. Frequently Asked Questions

What is the main difference between Section 4 and Section 6?

Section 4 gives a discretion to release any offender on probation. Section 6 requires the court not to imprison an offender under twenty-one unless release under Section 3 or 4 is undesirable, and to record reasons if it does.

Is the probation officer's report mandatory under both?

Section 6(2) makes it mandatory in terms. Section 4(2) requires consideration of the report 'if any', but the Supreme Court in Chellammal (2025) treated calling for it as a necessary step.

Does Section 4 apply to offenders under twenty-one?

Yes. Section 4 applies to offenders of every age. Section 6 adds an extra layer of protection for those under twenty-one.

Which date determines age under Section 6?

The date of sentence (Sudesh Kumar v. State of Uttarakhand, 2008, following Ramji Missar, 1963).

7. Related Topics and Provisions

  • Topic 6: Section 4. Complete note on Section 4.
  • Topic 9: Section 6. Complete note on Section 6.
  • Topic 14: Section 11. Section 11(3) review for young offenders.
  • Topic 22: Probation and Juvenile Justice. Young offenders and children.