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Passage - 5
The recent judgment of the Bombay High Court in Nishanth Harishchandra Salvi v. State Of Maharashtra noted several instances where the Act has been interpreted. In Para 9, it has observed,
"The Probation of Offenders(P.O. Act) Act is still in force, but 50 years down the line with ever increasing crime rate, the benefits of the P.O. Act, by judicial trend are not being extended to large number of cases. This is not to say that it ought not to be extended in appropriate cases. The benefits have not been encouraged in cases involving socio-economic offences, offences involving sex perversity cases involving moral turpitude or moral delinquency, cases involving misappropriation of property, gold smuggling, food adulteration offences, offences under Prevention of Corruption Act, and even in cases under Section 304A of IPC. Judicial trend has been cautious in not extending probation to persons who are educated and experienced in life and deliberately flout the law with impunity and to those who are potential dangers to the society."
The 41st report of the Law Commission, in 1969, introduced the concept of "suspension of sentence", which later on came to be embodied in section 389 of the Code of Criminal Procedure 1973. It was to be imposed in a very limited area of operation, where convicts seeking appeal, in certain cases, could have their sentences suspended and consequently let off on bail, pending the appeal.
For many years, several countries have had a well- grounded system ingrained in their administration of criminal justice where in several cases, (where the offences are mostly petty/common and the maximum sentence is less than two or three years as the case may be) a suspended sentence is awarded.
When a Court imposes a suspended sentence, it is not that the seriousness of the crime is not recognized. Apart from plainly being merciful and allowing the convict to remain in circulation in society - with the Damocles' Sword of being sent to prison hanging over his head as a deterrent - there is probably less chance of the offender, reoffending.
The biggest benefit is mutual - to the offender thus let off, as well as to those who are already in prison. The prison population is minimized, thereby maximizing the sparse facilities for the existing prison population. The other by-product of such a situation is preventing a "soft criminal" from having to spend quality time with the hardened ones.
Q. Based on the author's arguments in the passage above, choose the appropriate statement:
  • a)
    Sentence suspension is irrational and prejudiced
  • b)
    Sentence suspension is reasonable and good for prisoners
  • c)
    Sentence suspension is good for those who are out on bail
  • d)
    Both (b) and (c)
Correct answer is option 'C'. Can you explain this answer?
Verified Answer
Passage - 5The recent judgment of the Bombay High Court in Nishanth Ha...
This question asks you to identify the author reasoning and the option that align with that reasoning.
Correct Answer is (b)
It can be inferred from the passage that Sentence suspension is reasonable and good for prisoners which is the purpose of the PO Act.
Incorrect Answers
None of the other options sets out views that are consistent with those of the author in the passage above.
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Most Upvoted Answer
Passage - 5The recent judgment of the Bombay High Court in Nishanth Ha...
Understanding Sentence Suspension
The concept of sentence suspension is discussed in the passage with a focus on its benefits for both offenders and the prison system. Here’s an analysis of the correct answer option 'C':
Benefits for Offenders on Bail
- Second Chance: Suspended sentences provide offenders with an opportunity to remain in society while their appeal is pending, allowing them to continue their lives without the immediate burden of incarceration.
- Deterrent Effect: The threat of imprisonment acts as a deterrent, encouraging offenders to comply with the law during the suspension period.
Positive Impacts on the Prison System
- Reduced Overcrowding: By suspending sentences for certain offenders, the prison population is minimized, leading to better conditions for those who are incarcerated.
- Safety from Harmed Influence: Offenders who would typically be classified as "soft criminals" are spared from potentially negative influences and associations with hardened criminals within the prison environment.
Conclusion
While the passage highlights that sentence suspension has multiple benefits, it emphasizes the advantages that accrue specifically to those out on bail. Hence, option 'C' stands correct as it directly addresses the positive outcomes for offenders who are not incarcerated.
Overall Interpretation
The passage illustrates that sentence suspension is a rational approach to criminal justice, serving both the individual and the larger prison system effectively. Therefore, the assertion that it is good for those out on bail aligns with the author's arguments.
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Community Answer
Passage - 5The recent judgment of the Bombay High Court in Nishanth Ha...
According to the sentence mentioned in the above passage, it clarify that the answer of this question is that the sentence suspension is reasonable and good for the prisoners as they spend their hard time in the jail and after being observed by the commission the prisioner is let off the jail due to the soft criminal
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Passage - 5The recent judgment of the Bombay High Court in Nishanth Harishchandra Salvi v. State Of Maharashtra noted several instances where the Act has been interpreted. In Para 9, it has observed,"The Probation of Offenders(P.O. Act) Act is still in force, but 50 years down the line with ever increasing crime rate, the benefits of the P.O. Act, by judicial trend are not being extended to large number of cases. This is not to say that it ought not to be extended in appropriate cases. The benefits have not been encouraged in cases involving socio-economic offences, offences involving sex perversity cases involving moral turpitude or moral delinquency, cases involving misappropriation of property, gold smuggling, food adulteration offences, offences under Prevention of Corruption Act, and even in cases under Section 304A of IPC. Judicial trend has been cautious in not extending probation to persons who are educated and experienced in life and deliberately flout the law with impunity and to those who are potential dangers to the society."The 41st report of the Law Commission, in 1969, introduced the concept of "suspension of sentence", which later on came to be embodied in section 389 of the Code of Criminal Procedure 1973. It was to be imposed in a very limited area of operation, where convicts seeking appeal, in certain cases, could have their sentences suspended and consequently let off on bail, pending the appeal.For many years, several countries have had a well- grounded system ingrained in their administration of criminal justice where in several cases, (where the offences are mostly petty/common and the maximum sentence is less than two or three years as the case may b e) a suspended sentence is awarded.When a Court imposes a suspended sentence, it is not that the seriousness of the crime is not recognized. Apart from plainly being merciful and allowing the convict to remain in circulation in society - with the Damocles Sword of being sent to prison hanging over his head as a deterrent - there is probably less chance of the offender, reoffending.The biggest benefit is mutual - to the offender thus let off, as well as to those who are already in prison. The prison population is minimized, thereby maximizing the sparse facilities for the existing prison population. The other by-product of such a situation is preventing a "soft criminal" from having to spend quality time with the hardened ones.Q.Based on the authors arguments in the passage above, which of the following statements can be attributed to the author?

Passage - 5The recent judgment of the Bombay High Court in Nishanth Harishchandra Salvi v. State Of Maharashtra noted several instances where the Act has been interpreted. In Para 9, it has observed,"The Probation of Offenders(P.O. Act) Act is still in force, but 50 years down the line with ever increasing crime rate, the benefits of the P.O. Act, by judicial trend are not being extended to large number of cases. This is not to say that it ought not to be extended in appropriate cases. The benefits have not been encouraged in cases involving socio-economic offences, offences involving sex perversity cases involving moral turpitude or moral delinquency, cases involving misappropriation of property, gold smuggling, food adulteration offences, offences under Prevention of Corruption Act, and even in cases under Section 304A of IPC. Judicial trend has been cautious in not extending probation to persons who are educated and experienced in life and deliberately flout the law with impunity and to those who are potential dangers to the society."The 41st report of the Law Commission, in 1969, introduced the concept of "suspension of sentence", which later on came to be embodied in section 389 of the Code of Criminal Procedure 1973. It was to be imposed in a very limited area of operation, where convicts seeking appeal, in certain cases, could have their sentences suspended and consequently let off on bail, pending the appeal.For many years, several countries have had a well- grounded system ingrained in their administration of criminal justice where in several cases, (where the offences are mostly petty/common and the maximum sentence is less than two or three years as the case may b e) a suspended sentence is awarded.When a Court imposes a suspended sentence, it is not that the seriousness of the crime is not recognized. Apart from plainly being merciful and allowing the convict to remain in circulation in society - with the Damocles Sword of being sent to prison hanging over his head as a deterrent - there is probably less chance of the offender, reoffending.The biggest benefit is mutual - to the offender thus let off, as well as to those who are already in prison. The prison population is minimized, thereby maximizing the sparse facilities for the existing prison population. The other by-product of such a situation is preventing a "soft criminal" from having to spend quality time with the hardened ones.Q.Based on the authors arguments in the passage above, which of the following statements is most inferential?

Passage - 5The recent judgment of the Bombay High Court in Nishanth Harishchandra Salvi v. State Of Maharashtra noted several instances where the Act has been interpreted. In Para 9, it has observed,"The Probation of Offenders(P.O. Act) Act is still in force, but 50 years down the line with ever increasing crime rate, the benefits of the P.O. Act, by judicial trend are not being extended to large number of cases. This is not to say that it ought not to be extended in appropriate cases. The benefits have not been encouraged in cases involving socio-economic offences, offences involving sex perversity cases involving moral turpitude or moral delinquency, cases involving misappropriation of property, gold smuggling, food adulteration offences, offences under Prevention of Corruption Act, and even in cases under Section 304A of IPC. Judicial trend has been cautious in not extending probation to persons who are educated and experienced in life and deliberately flout the law with impunity and to those who are potential dangers to the society."The 41st report of the Law Commission, in 1969, introduced the concept of "suspension of sentence", which later on came to be embodied in section 389 of the Code of Criminal Procedure 1973. It was to be imposed in a very limited area of operation, where convicts seeking appeal, in certain cases, could have their sentences suspended and consequently let off on bail, pending the appeal.For many years, several countries have had a well- grounded system ingrained in their administration of criminal justice where in several cases, (where the offences are mostly petty/common and the maximum sentence is less than two or three years as the case may b e) a suspended sentence is awarded.When a Court imposes a suspended sentence, it is not that the seriousness of the crime is not recognized. Apart from plainly being merciful and allowing the convict to remain in circulation in society - with the Damocles Sword of being sent to prison hanging over his head as a deterrent - there is probably less chance of the offender, reoffending.The biggest benefit is mutual - to the offender thus let off, as well as to those who are already in prison. The prison population is minimized, thereby maximizing the sparse facilities for the existing prison population. The other by-product of such a situation is preventing a "soft criminal" from having to spend quality time with the hardened ones.Q.As per the author, there are several countries in the world which have well-grounded system ingrained in their administration of Criminal justice. Based on the authors argument which of the following is correct?

Passage - 5The recent judgment of the Bombay High Court in Nishanth Harishchandra Salvi v. State Of Maharashtra noted several instances where the Act has been interpreted. In Para 9, it has observed,"The Probation of Offenders(P.O. Act) Act is still in force, but 50 years down the line with ever increasing crime rate, the benefits of the P.O. Act, by judicial trend are not being extended to large number of cases. This is not to say that it ought not to be extended in appropriate cases. The benefits have not been encouraged in cases involving socio-economic offences, offences involving sex perversity cases involving moral turpitude or moral delinquency, cases involving misappropriation of property, gold smuggling, food adulteration offences, offences under Prevention of Corruption Act, and even in cases under Section 304A of IPC. Judicial trend has been cautious in not extending probation to persons who are educated and experienced in life and deliberately flout the law with impunity and to those who are potential dangers to the society."The 41st report of the Law Commission, in 1969, introduced the concept of "suspension of sentence", which later on came to be embodied in section 389 of the Code of Criminal Procedure 1973. It was to be imposed in a very limited area of operation, where convicts seeking appeal, in certain cases, could have their sentences suspended and consequently let off on bail, pending the appeal.For many years, several countries have had a well- grounded system ingrained in their administration of criminal justice where in several cases, (where the offences are mostly petty/common and the maximum sentence is less than two or three years as the case may b e) a suspended sentence is awarded.When a Court imposes a suspended sentence, it is not that the seriousness of the crime is not recognized. Apart from plainly being merciful and allowing the convict to remain in circulation in society - with the Damocles Sword of being sent to prison hanging over his head as a deterrent - there is probably less chance of the offender, reoffending.The biggest benefit is mutual - to the offender thus let off, as well as to those who are already in prison. The prison population is minimized, thereby maximizing the sparse facilities for the existing prison population. The other by-product of such a situation is preventing a "soft criminal" from having to spend quality time with the hardened ones.Q.Which of the following views can be correctly attributed to the Indian Judiciary?

Passage - 5The recent judgment of the Bombay High Court in Nishanth Harishchandra Salvi v. State Of Maharashtra noted several instances where the Act has been interpreted. In Para 9, it has observed,"The Probation of Offenders(P.O. Act) Act is still in force, but 50 years down the line with ever increasing crime rate, the benefits of the P.O. Act, by judicial trend are not being extended to large number of cases. This is not to say that it ought not to be extended in appropriate cases. The benefits have not been encouraged in cases involving socio-economic offences, offences involving sex perversity cases involving moral turpitude or moral delinquency, cases involving misappropriation of property, gold smuggling, food adulteration offences, offences under Prevention of Corruption Act, and even in cases under Section 304A of IPC. Judicial trend has been cautious in not extending probation to persons who are educated and experienced in life and deliberately flout the law with impunity and to those who are potential dangers to the society."The 41st report of the Law Commission, in 1969, introduced the concept of "suspension of sentence", which later on came to be embodied in section 389 of the Code of Criminal Procedure 1973. It was to be imposed in a very limited area of operation, where convicts seeking appeal, in certain cases, could have their sentences suspended and consequently let off on bail, pending the appeal.For many years, several countries have had a well- grounded system ingrained in their administration of criminal justice where in several cases, (where the offences are mostly petty/common and the maximum sentence is less than two or three years as the case may b e) a suspended sentence is awarded.When a Court imposes a suspended sentence, it is not that the seriousness of the crime is not recognized. Apart from plainly being merciful and allowing the convict to remain in circulation in society - with the Damocles Sword of being sent to prison hanging over his head as a deterrent - there is probably less chance of the offender, reoffending.The biggest benefit is mutual - to the offender thus let off, as well as to those who are already in prison. The prison population is minimized, thereby maximizing the sparse facilities for the existing prison population. The other by-product of such a situation is preventing a "soft criminal" from having to spend quality time with the hardened ones.Q.As per the author, which of the following views can be correctly inferred?

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Passage - 5The recent judgment of the Bombay High Court in Nishanth Harishchandra Salvi v. State Of Maharashtra noted several instances where the Act has been interpreted. In Para 9, it has observed,"The Probation of Offenders(P.O. Act) Act is still in force, but 50 years down the line with ever increasing crime rate, the benefits of the P.O. Act, by judicial trend are not being extended to large number of cases. This is not to say that it ought not to be extended in appropriate cases. The benefits have not been encouraged in cases involving socio-economic offences, offences involving sex perversity cases involving moral turpitude or moral delinquency, cases involving misappropriation of property, gold smuggling, food adulteration offences, offences under Prevention of Corruption Act, and even in cases under Section 304A of IPC. Judicial trend has been cautious in not extending probation to persons who are educated and experienced in life and deliberately flout the law with impunity and to those who are potential dangers to the society."The 41st report of the Law Commission, in 1969, introduced the concept of "suspension of sentence", which later on came to be embodied in section 389 of the Code of Criminal Procedure 1973. It was to be imposed in a very limited area of operation, where convicts seeking appeal, in certain cases, could have their sentences suspended and consequently let off on bail, pending the appeal.For many years, several countries have had a well- grounded system ingrained in their administration of criminal justice where in several cases, (where the offences are mostly petty/common and the maximum sentence is less than two or three years as the case may be) a suspended sentence is awarded.When a Court imposes a suspended sentence, it is not that the seriousness of the crime is not recognized. Apart from plainly being merciful and allowing the convict to remain in circulation in society - with the Damocles Sword of being sent to prison hanging over his head as a deterrent - there is probably less chance of the offender, reoffending.The biggest benefit is mutual - to the offender thus let off, as well as to those who are already in prison. The prison population is minimized, thereby maximizing the sparse facilities for the existing prison population. The other by-product of such a situation is preventing a "soft criminal" from having to spend quality time with the hardened ones.Q.Based on the authors arguments in the passage above, choose the appropriate statement:a)Sentence suspension is irrational and prejudicedb)Sentence suspension is reasonable and good for prisonersc)Sentence suspension is good for those who are out on baild)Both (b) and (c)Correct answer is option 'C'. Can you explain this answer?
Question Description
Passage - 5The recent judgment of the Bombay High Court in Nishanth Harishchandra Salvi v. State Of Maharashtra noted several instances where the Act has been interpreted. In Para 9, it has observed,"The Probation of Offenders(P.O. Act) Act is still in force, but 50 years down the line with ever increasing crime rate, the benefits of the P.O. Act, by judicial trend are not being extended to large number of cases. This is not to say that it ought not to be extended in appropriate cases. The benefits have not been encouraged in cases involving socio-economic offences, offences involving sex perversity cases involving moral turpitude or moral delinquency, cases involving misappropriation of property, gold smuggling, food adulteration offences, offences under Prevention of Corruption Act, and even in cases under Section 304A of IPC. Judicial trend has been cautious in not extending probation to persons who are educated and experienced in life and deliberately flout the law with impunity and to those who are potential dangers to the society."The 41st report of the Law Commission, in 1969, introduced the concept of "suspension of sentence", which later on came to be embodied in section 389 of the Code of Criminal Procedure 1973. It was to be imposed in a very limited area of operation, where convicts seeking appeal, in certain cases, could have their sentences suspended and consequently let off on bail, pending the appeal.For many years, several countries have had a well- grounded system ingrained in their administration of criminal justice where in several cases, (where the offences are mostly petty/common and the maximum sentence is less than two or three years as the case may be) a suspended sentence is awarded.When a Court imposes a suspended sentence, it is not that the seriousness of the crime is not recognized. Apart from plainly being merciful and allowing the convict to remain in circulation in society - with the Damocles Sword of being sent to prison hanging over his head as a deterrent - there is probably less chance of the offender, reoffending.The biggest benefit is mutual - to the offender thus let off, as well as to those who are already in prison. The prison population is minimized, thereby maximizing the sparse facilities for the existing prison population. The other by-product of such a situation is preventing a "soft criminal" from having to spend quality time with the hardened ones.Q.Based on the authors arguments in the passage above, choose the appropriate statement:a)Sentence suspension is irrational and prejudicedb)Sentence suspension is reasonable and good for prisonersc)Sentence suspension is good for those who are out on baild)Both (b) and (c)Correct answer is option 'C'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Passage - 5The recent judgment of the Bombay High Court in Nishanth Harishchandra Salvi v. State Of Maharashtra noted several instances where the Act has been interpreted. In Para 9, it has observed,"The Probation of Offenders(P.O. Act) Act is still in force, but 50 years down the line with ever increasing crime rate, the benefits of the P.O. Act, by judicial trend are not being extended to large number of cases. This is not to say that it ought not to be extended in appropriate cases. The benefits have not been encouraged in cases involving socio-economic offences, offences involving sex perversity cases involving moral turpitude or moral delinquency, cases involving misappropriation of property, gold smuggling, food adulteration offences, offences under Prevention of Corruption Act, and even in cases under Section 304A of IPC. Judicial trend has been cautious in not extending probation to persons who are educated and experienced in life and deliberately flout the law with impunity and to those who are potential dangers to the society."The 41st report of the Law Commission, in 1969, introduced the concept of "suspension of sentence", which later on came to be embodied in section 389 of the Code of Criminal Procedure 1973. It was to be imposed in a very limited area of operation, where convicts seeking appeal, in certain cases, could have their sentences suspended and consequently let off on bail, pending the appeal.For many years, several countries have had a well- grounded system ingrained in their administration of criminal justice where in several cases, (where the offences are mostly petty/common and the maximum sentence is less than two or three years as the case may be) a suspended sentence is awarded.When a Court imposes a suspended sentence, it is not that the seriousness of the crime is not recognized. Apart from plainly being merciful and allowing the convict to remain in circulation in society - with the Damocles Sword of being sent to prison hanging over his head as a deterrent - there is probably less chance of the offender, reoffending.The biggest benefit is mutual - to the offender thus let off, as well as to those who are already in prison. The prison population is minimized, thereby maximizing the sparse facilities for the existing prison population. The other by-product of such a situation is preventing a "soft criminal" from having to spend quality time with the hardened ones.Q.Based on the authors arguments in the passage above, choose the appropriate statement:a)Sentence suspension is irrational and prejudicedb)Sentence suspension is reasonable and good for prisonersc)Sentence suspension is good for those who are out on baild)Both (b) and (c)Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Passage - 5The recent judgment of the Bombay High Court in Nishanth Harishchandra Salvi v. State Of Maharashtra noted several instances where the Act has been interpreted. In Para 9, it has observed,"The Probation of Offenders(P.O. Act) Act is still in force, but 50 years down the line with ever increasing crime rate, the benefits of the P.O. Act, by judicial trend are not being extended to large number of cases. This is not to say that it ought not to be extended in appropriate cases. The benefits have not been encouraged in cases involving socio-economic offences, offences involving sex perversity cases involving moral turpitude or moral delinquency, cases involving misappropriation of property, gold smuggling, food adulteration offences, offences under Prevention of Corruption Act, and even in cases under Section 304A of IPC. Judicial trend has been cautious in not extending probation to persons who are educated and experienced in life and deliberately flout the law with impunity and to those who are potential dangers to the society."The 41st report of the Law Commission, in 1969, introduced the concept of "suspension of sentence", which later on came to be embodied in section 389 of the Code of Criminal Procedure 1973. It was to be imposed in a very limited area of operation, where convicts seeking appeal, in certain cases, could have their sentences suspended and consequently let off on bail, pending the appeal.For many years, several countries have had a well- grounded system ingrained in their administration of criminal justice where in several cases, (where the offences are mostly petty/common and the maximum sentence is less than two or three years as the case may be) a suspended sentence is awarded.When a Court imposes a suspended sentence, it is not that the seriousness of the crime is not recognized. Apart from plainly being merciful and allowing the convict to remain in circulation in society - with the Damocles Sword of being sent to prison hanging over his head as a deterrent - there is probably less chance of the offender, reoffending.The biggest benefit is mutual - to the offender thus let off, as well as to those who are already in prison. The prison population is minimized, thereby maximizing the sparse facilities for the existing prison population. The other by-product of such a situation is preventing a "soft criminal" from having to spend quality time with the hardened ones.Q.Based on the authors arguments in the passage above, choose the appropriate statement:a)Sentence suspension is irrational and prejudicedb)Sentence suspension is reasonable and good for prisonersc)Sentence suspension is good for those who are out on baild)Both (b) and (c)Correct answer is option 'C'. Can you explain this answer?.
Solutions for Passage - 5The recent judgment of the Bombay High Court in Nishanth Harishchandra Salvi v. State Of Maharashtra noted several instances where the Act has been interpreted. In Para 9, it has observed,"The Probation of Offenders(P.O. Act) Act is still in force, but 50 years down the line with ever increasing crime rate, the benefits of the P.O. Act, by judicial trend are not being extended to large number of cases. This is not to say that it ought not to be extended in appropriate cases. The benefits have not been encouraged in cases involving socio-economic offences, offences involving sex perversity cases involving moral turpitude or moral delinquency, cases involving misappropriation of property, gold smuggling, food adulteration offences, offences under Prevention of Corruption Act, and even in cases under Section 304A of IPC. Judicial trend has been cautious in not extending probation to persons who are educated and experienced in life and deliberately flout the law with impunity and to those who are potential dangers to the society."The 41st report of the Law Commission, in 1969, introduced the concept of "suspension of sentence", which later on came to be embodied in section 389 of the Code of Criminal Procedure 1973. It was to be imposed in a very limited area of operation, where convicts seeking appeal, in certain cases, could have their sentences suspended and consequently let off on bail, pending the appeal.For many years, several countries have had a well- grounded system ingrained in their administration of criminal justice where in several cases, (where the offences are mostly petty/common and the maximum sentence is less than two or three years as the case may be) a suspended sentence is awarded.When a Court imposes a suspended sentence, it is not that the seriousness of the crime is not recognized. Apart from plainly being merciful and allowing the convict to remain in circulation in society - with the Damocles Sword of being sent to prison hanging over his head as a deterrent - there is probably less chance of the offender, reoffending.The biggest benefit is mutual - to the offender thus let off, as well as to those who are already in prison. The prison population is minimized, thereby maximizing the sparse facilities for the existing prison population. The other by-product of such a situation is preventing a "soft criminal" from having to spend quality time with the hardened ones.Q.Based on the authors arguments in the passage above, choose the appropriate statement:a)Sentence suspension is irrational and prejudicedb)Sentence suspension is reasonable and good for prisonersc)Sentence suspension is good for those who are out on baild)Both (b) and (c)Correct answer is option 'C'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Passage - 5The recent judgment of the Bombay High Court in Nishanth Harishchandra Salvi v. State Of Maharashtra noted several instances where the Act has been interpreted. In Para 9, it has observed,"The Probation of Offenders(P.O. Act) Act is still in force, but 50 years down the line with ever increasing crime rate, the benefits of the P.O. Act, by judicial trend are not being extended to large number of cases. This is not to say that it ought not to be extended in appropriate cases. The benefits have not been encouraged in cases involving socio-economic offences, offences involving sex perversity cases involving moral turpitude or moral delinquency, cases involving misappropriation of property, gold smuggling, food adulteration offences, offences under Prevention of Corruption Act, and even in cases under Section 304A of IPC. Judicial trend has been cautious in not extending probation to persons who are educated and experienced in life and deliberately flout the law with impunity and to those who are potential dangers to the society."The 41st report of the Law Commission, in 1969, introduced the concept of "suspension of sentence", which later on came to be embodied in section 389 of the Code of Criminal Procedure 1973. It was to be imposed in a very limited area of operation, where convicts seeking appeal, in certain cases, could have their sentences suspended and consequently let off on bail, pending the appeal.For many years, several countries have had a well- grounded system ingrained in their administration of criminal justice where in several cases, (where the offences are mostly petty/common and the maximum sentence is less than two or three years as the case may be) a suspended sentence is awarded.When a Court imposes a suspended sentence, it is not that the seriousness of the crime is not recognized. Apart from plainly being merciful and allowing the convict to remain in circulation in society - with the Damocles Sword of being sent to prison hanging over his head as a deterrent - there is probably less chance of the offender, reoffending.The biggest benefit is mutual - to the offender thus let off, as well as to those who are already in prison. The prison population is minimized, thereby maximizing the sparse facilities for the existing prison population. The other by-product of such a situation is preventing a "soft criminal" from having to spend quality time with the hardened ones.Q.Based on the authors arguments in the passage above, choose the appropriate statement:a)Sentence suspension is irrational and prejudicedb)Sentence suspension is reasonable and good for prisonersc)Sentence suspension is good for those who are out on baild)Both (b) and (c)Correct answer is option 'C'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Passage - 5The recent judgment of the Bombay High Court in Nishanth Harishchandra Salvi v. State Of Maharashtra noted several instances where the Act has been interpreted. In Para 9, it has observed,"The Probation of Offenders(P.O. Act) Act is still in force, but 50 years down the line with ever increasing crime rate, the benefits of the P.O. Act, by judicial trend are not being extended to large number of cases. This is not to say that it ought not to be extended in appropriate cases. The benefits have not been encouraged in cases involving socio-economic offences, offences involving sex perversity cases involving moral turpitude or moral delinquency, cases involving misappropriation of property, gold smuggling, food adulteration offences, offences under Prevention of Corruption Act, and even in cases under Section 304A of IPC. Judicial trend has been cautious in not extending probation to persons who are educated and experienced in life and deliberately flout the law with impunity and to those who are potential dangers to the society."The 41st report of the Law Commission, in 1969, introduced the concept of "suspension of sentence", which later on came to be embodied in section 389 of the Code of Criminal Procedure 1973. It was to be imposed in a very limited area of operation, where convicts seeking appeal, in certain cases, could have their sentences suspended and consequently let off on bail, pending the appeal.For many years, several countries have had a well- grounded system ingrained in their administration of criminal justice where in several cases, (where the offences are mostly petty/common and the maximum sentence is less than two or three years as the case may be) a suspended sentence is awarded.When a Court imposes a suspended sentence, it is not that the seriousness of the crime is not recognized. Apart from plainly being merciful and allowing the convict to remain in circulation in society - with the Damocles Sword of being sent to prison hanging over his head as a deterrent - there is probably less chance of the offender, reoffending.The biggest benefit is mutual - to the offender thus let off, as well as to those who are already in prison. The prison population is minimized, thereby maximizing the sparse facilities for the existing prison population. The other by-product of such a situation is preventing a "soft criminal" from having to spend quality time with the hardened ones.Q.Based on the authors arguments in the passage above, choose the appropriate statement:a)Sentence suspension is irrational and prejudicedb)Sentence suspension is reasonable and good for prisonersc)Sentence suspension is good for those who are out on baild)Both (b) and (c)Correct answer is option 'C'. Can you explain this answer?, a detailed solution for Passage - 5The recent judgment of the Bombay High Court in Nishanth Harishchandra Salvi v. State Of Maharashtra noted several instances where the Act has been interpreted. In Para 9, it has observed,"The Probation of Offenders(P.O. Act) Act is still in force, but 50 years down the line with ever increasing crime rate, the benefits of the P.O. Act, by judicial trend are not being extended to large number of cases. This is not to say that it ought not to be extended in appropriate cases. The benefits have not been encouraged in cases involving socio-economic offences, offences involving sex perversity cases involving moral turpitude or moral delinquency, cases involving misappropriation of property, gold smuggling, food adulteration offences, offences under Prevention of Corruption Act, and even in cases under Section 304A of IPC. Judicial trend has been cautious in not extending probation to persons who are educated and experienced in life and deliberately flout the law with impunity and to those who are potential dangers to the society."The 41st report of the Law Commission, in 1969, introduced the concept of "suspension of sentence", which later on came to be embodied in section 389 of the Code of Criminal Procedure 1973. It was to be imposed in a very limited area of operation, where convicts seeking appeal, in certain cases, could have their sentences suspended and consequently let off on bail, pending the appeal.For many years, several countries have had a well- grounded system ingrained in their administration of criminal justice where in several cases, (where the offences are mostly petty/common and the maximum sentence is less than two or three years as the case may be) a suspended sentence is awarded.When a Court imposes a suspended sentence, it is not that the seriousness of the crime is not recognized. Apart from plainly being merciful and allowing the convict to remain in circulation in society - with the Damocles Sword of being sent to prison hanging over his head as a deterrent - there is probably less chance of the offender, reoffending.The biggest benefit is mutual - to the offender thus let off, as well as to those who are already in prison. The prison population is minimized, thereby maximizing the sparse facilities for the existing prison population. The other by-product of such a situation is preventing a "soft criminal" from having to spend quality time with the hardened ones.Q.Based on the authors arguments in the passage above, choose the appropriate statement:a)Sentence suspension is irrational and prejudicedb)Sentence suspension is reasonable and good for prisonersc)Sentence suspension is good for those who are out on baild)Both (b) and (c)Correct answer is option 'C'. Can you explain this answer? has been provided alongside types of Passage - 5The recent judgment of the Bombay High Court in Nishanth Harishchandra Salvi v. State Of Maharashtra noted several instances where the Act has been interpreted. In Para 9, it has observed,"The Probation of Offenders(P.O. Act) Act is still in force, but 50 years down the line with ever increasing crime rate, the benefits of the P.O. Act, by judicial trend are not being extended to large number of cases. This is not to say that it ought not to be extended in appropriate cases. The benefits have not been encouraged in cases involving socio-economic offences, offences involving sex perversity cases involving moral turpitude or moral delinquency, cases involving misappropriation of property, gold smuggling, food adulteration offences, offences under Prevention of Corruption Act, and even in cases under Section 304A of IPC. Judicial trend has been cautious in not extending probation to persons who are educated and experienced in life and deliberately flout the law with impunity and to those who are potential dangers to the society."The 41st report of the Law Commission, in 1969, introduced the concept of "suspension of sentence", which later on came to be embodied in section 389 of the Code of Criminal Procedure 1973. It was to be imposed in a very limited area of operation, where convicts seeking appeal, in certain cases, could have their sentences suspended and consequently let off on bail, pending the appeal.For many years, several countries have had a well- grounded system ingrained in their administration of criminal justice where in several cases, (where the offences are mostly petty/common and the maximum sentence is less than two or three years as the case may be) a suspended sentence is awarded.When a Court imposes a suspended sentence, it is not that the seriousness of the crime is not recognized. Apart from plainly being merciful and allowing the convict to remain in circulation in society - with the Damocles Sword of being sent to prison hanging over his head as a deterrent - there is probably less chance of the offender, reoffending.The biggest benefit is mutual - to the offender thus let off, as well as to those who are already in prison. The prison population is minimized, thereby maximizing the sparse facilities for the existing prison population. The other by-product of such a situation is preventing a "soft criminal" from having to spend quality time with the hardened ones.Q.Based on the authors arguments in the passage above, choose the appropriate statement:a)Sentence suspension is irrational and prejudicedb)Sentence suspension is reasonable and good for prisonersc)Sentence suspension is good for those who are out on baild)Both (b) and (c)Correct answer is option 'C'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Passage - 5The recent judgment of the Bombay High Court in Nishanth Harishchandra Salvi v. State Of Maharashtra noted several instances where the Act has been interpreted. In Para 9, it has observed,"The Probation of Offenders(P.O. Act) Act is still in force, but 50 years down the line with ever increasing crime rate, the benefits of the P.O. Act, by judicial trend are not being extended to large number of cases. This is not to say that it ought not to be extended in appropriate cases. The benefits have not been encouraged in cases involving socio-economic offences, offences involving sex perversity cases involving moral turpitude or moral delinquency, cases involving misappropriation of property, gold smuggling, food adulteration offences, offences under Prevention of Corruption Act, and even in cases under Section 304A of IPC. Judicial trend has been cautious in not extending probation to persons who are educated and experienced in life and deliberately flout the law with impunity and to those who are potential dangers to the society."The 41st report of the Law Commission, in 1969, introduced the concept of "suspension of sentence", which later on came to be embodied in section 389 of the Code of Criminal Procedure 1973. It was to be imposed in a very limited area of operation, where convicts seeking appeal, in certain cases, could have their sentences suspended and consequently let off on bail, pending the appeal.For many years, several countries have had a well- grounded system ingrained in their administration of criminal justice where in several cases, (where the offences are mostly petty/common and the maximum sentence is less than two or three years as the case may be) a suspended sentence is awarded.When a Court imposes a suspended sentence, it is not that the seriousness of the crime is not recognized. Apart from plainly being merciful and allowing the convict to remain in circulation in society - with the Damocles Sword of being sent to prison hanging over his head as a deterrent - there is probably less chance of the offender, reoffending.The biggest benefit is mutual - to the offender thus let off, as well as to those who are already in prison. The prison population is minimized, thereby maximizing the sparse facilities for the existing prison population. The other by-product of such a situation is preventing a "soft criminal" from having to spend quality time with the hardened ones.Q.Based on the authors arguments in the passage above, choose the appropriate statement:a)Sentence suspension is irrational and prejudicedb)Sentence suspension is reasonable and good for prisonersc)Sentence suspension is good for those who are out on baild)Both (b) and (c)Correct answer is option 'C'. Can you explain this answer? tests, examples and also practice CLAT tests.
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