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Section 401: Order to Release on Probation of Good Conduct or After Admonition

 

(1) Release on Probation Based on Age and Offence

  • Applicable to persons not under 21 years of age convicted of offences punishable with fine only or imprisonment for a term of seven years or less.
  • Includes persons under 21 years or women convicted of offences not punishable with death or life imprisonment, provided no prior convictions are proved.
  • Courts may release the offender on probation of good conduct instead of sentencing them, subject to a bond or bail bond for a period not exceeding three years, with conditions to maintain peace and good behavior.

(2) Referral to Magistrate of the First Class

  • If a Magistrate of the second class not specially empowered wishes to apply this section, they must submit proceedings to a Magistrate of the first class.
  • The Magistrate of the first class may then pass a sentence or order as though the case was originally heard by them, and may conduct further inquiries or collect additional evidence if necessary.

(3) Release After Admonition

  • Applicable for cases involving theft, theft in a building, dishonest misappropriation, cheating, or offences punishable under the Bharatiya Nyaya Sanhita, 2023 with imprisonment up to two years or fine only.
  • The Court may release the offender after due admonition, considering factors such as age, character, antecedents, physical or mental condition, and the trivial nature or extenuating circumstances of the offence.

(4) Power of Appellate and Revisional Courts

  • Appellate Courts, High Courts, or Courts of Session exercising revision powers may also make orders under this section.

(5) Authority to Set Aside Orders

  • High Courts or Courts of Session, on appeal or revision, may set aside an order under this section and pass a lawful sentence instead.
  • However, these courts cannot impose a greater punishment than what the original convicting Court could have inflicted.

(6) Application of Surety Provisions

  • Provisions of Sections 140, 143, and 414 apply to sureties offered under this section.

(7) Fixed Place of Abode or Occupation

  • Before releasing an offender under subsection (1), the Court must ensure the offender or their surety has a fixed place of abode or regular occupation within the Court’s jurisdiction or where the offender is likely to reside during the probation period.

(8) Warrant for Breach of Conditions

  • If the offender fails to comply with the conditions of recognizance, the Court may issue a warrant for their apprehension.

(9) Procedure Following Apprehension

  • Upon apprehension, the offender must be brought before the Court that issued the warrant.
  • The Court may remand the offender in custody or grant bail and, after hearing the case, pass a sentence.

(10) Compatibility with Other Laws

  • This section does not affect the provisions of the Probation of Offenders Act, 1958, the Juvenile Justice (Care and Protection of Children) Act, 2015, or any other laws concerning the treatment, training, or rehabilitation of youthful offenders.

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