Description

1. When a person under twenty-one years of age is convicted of an offence punishable only by fine, or with imprisonment for a term of seven years or less, or when a person under twenty-one years of age or a woman is convicted of an offence not punishable by death or imprisonment for life, and no previous conviction is proved against the offender, the Court, considering the offender's age, character, antecedents, and the circumstances of the offence, may, if it deems appropriate, release the offender on probation of good conduct. This may happen instead of imposing immediate punishment, with the condition that the offender enters into a bond (with or without sureties) to appear and receive sentence when called upon. The Court will also require the offender to keep the peace and maintain good behaviour during a period not exceeding three years.
2. Provided that if a first-time offender is convicted by a Magistrate of the second class, not specially empowered by the High Court, and the Magistrate believes that the powers under this section should be exercised, the Magistrate will record their opinion, submit the proceedings to a Magistrate of the first class, and forward the accused for further action. The Magistrate of the first class will then deal with the case in the manner prescribed by Sub-Section (2).
3. When proceedings are forwarded to a Magistrate of the first class, that Magistrate may either pass the same sentence or make the same order as they would have had they originally heard the case. If further inquiry or additional evidence is deemed necessary, the Magistrate may carry out the inquiry themselves or direct that it be done.
4. In cases of theft, theft in a building, dishonest misappropriation, cheating, or any offence under the Indian Penal Code punishable with up to two years of imprisonment, or any offence punishable only with a fine, and if no previous conviction is proved against the accused, the Court may, considering the offender’s age, character, antecedents, physical or mental condition, and the trivial nature of the offence or extenuating circumstances, release the offender after due admonition instead of sentencing them to punishment.
5. An order made under this section may also be made by an Appellate Court, the High Court, or the Court of Session when exercising its revision powers.
6. If such an order has been made and the offender appeals, the High Court or Court of Session may, in the case of an appeal or revision, set aside the order and pass a sentence according to law. However, the punishment passed by the High Court or Court of Session cannot exceed the punishment that could have been imposed by the original Court.
7. The provisions of sections 121, 124, and 373 apply to sureties given under this section.
8. Before releasing an offender under Sub-Section (1), the Court must be satisfied that the offender or their surety (if applicable) has a fixed place of residence or regular occupation in the area where the Court has jurisdiction, or where the offender is likely to reside during the probation period.
9. If the Court is satisfied that the offender has breached any conditions of their recognizance, it may issue a warrant for their apprehension. Upon apprehension, the offender will be brought before the issuing Court, which may remand them in custody or admit them to bail, requiring the offender to appear for sentencing. After hearing the case, the Court will pass sentence.
10. This section does not affect the provisions of the Probation of Offenders Act, 1958 or the Children Act, 1960, or any other laws governing the treatment, training, or rehabilitation of youthful offenders.