Section 16 the Probation of offenders act, 1988
Section 16 of the Probation of Offenders Act, 1988 reads as follows:
Section 16 – Saving of powers of Government
Nothing in this Act shall affect the powers of the State Government or the Central Government under section 401 of the Code of Criminal Procedure, 1973 (2 of 1974).
📘 Explanation:
Section 401 CrPC gives the State or Central Government the power to suspend or remit sentences and to exercise revisional powers.
Section 16 ensures that the Probation of Offenders Act does not override or limit those powers.
This means even if the court does not grant probation under this Act, the government still retains its power to intervene and modify the sentence using its statutory or constitutional powers, such as:
Remission,
Commutation,
Suspension of sentence,
Pardoning power (under Article 161 or 72 of the Constitution).
🔍 Illustration:
If a person is convicted and not released on probation under this Act, the State Government can still use its power under Section 401 CrPC to remit the sentence (reduce the punishment or grant early release).
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