State Act

THE UNITED PROVINCES FIRST OFENDERS PROBATION ACT, 1938

This Act was repealed on a date we do not have by the Uttarakhand Repealing Act, 2023 (Uttarakhand Act 27 of 2023), s.2 and Schedule item 11; it may still apply to matters that began before then.

6. (1) An order under section 3 or section 4 may be made by an appellate court or by the High Court when exercising its powers of revision. (2) When an order has been made under section 3, 4 or 5 of this Act in respect of an offender, the High Court may on appeal, when there is a right of appeal to such Court or when exercising its powers of revision, set aside such order and, in lieu thereof, pass sentence on such offender according to law : Provided that it shall not inflict a greater punishment than might have been inflicted by the court by which the offender was convicted.