An accused aged 20 years, having no previous criminal conduct, charged for the offence under Section 304 IPC, is convicted by the trial court. In these circumstances:
Verified Answer
A. The trial court is under a mandate of law to release the accused on probation
B. The trial court may release the accused on probation
C. The accused is not entitled to the benefit of probation because the offence is punishable with imprisonment upto 10 years
D. None of the above
Explanation:
The Probation of Offenders Act, 1958, allows a court to release a person on probation for any offence not punishable with death or imprisonment for life (Section 4). While Section 304 IPC (Part I) can lead to life imprisonment, Section 304 IPC (Part II) is punishable with imprisonment up to ten years. The court has discretion to consider probation based on the facts and circumstances, especially considering the accused's age and lack of prior criminal conduct. It is not a mandate, but a discretionary power of the court.