Section 360 of CRPC "Order to release on probation of good conduct or after admonition"
(1)When any person not under twenty-one years of age is convicted of an offence punishable with fine only or with imprisonment for a term of seven years or less, or when any person under twenty-one years of age or any woman is convicted of an offence not punishable with death or imprisonment for life, and no previous conviction is proved against the offender, if it appears to the Court before which he is convicted, regard being had to the age, Character or antecedents of the offender, and to the circumstances in which the offence was committed, that it is expedient that the offender should be released on probation of good conduct, the Court may, instead of sentencing him at once to any punishment, direct that he be released on his entering into a bond, with or without sureties, to appear and receive sentence when called upon during such period (not exceeding three years) as the Court may direct, and in the meantime to keep the peace and be of good behaviour:
Provided that, where any first offender is convicted by a Magistrate of the second class not specially empowered by the High Court, and the Magistrate is of opinion that the powers conferred by this section should be exercised, he shall record his opinion to that effect, and submit the proceedings to a Magistrate of the first class, forwarding the accused to, or taking bail for his appearance before such Magistrate, who shall dispose of the case in the manner provided by sub-section (2).
(2) Where proceedings are submitted to a Magistrate of
the first class as provided by sub-section (1), such
Magistrate may thereupon pass such sentence or make such
order as he might have passed or made if the case had
originally been heard by him, and, if he thinks further
inquiry or additional evidence on any point to be necessary,
he may make such inquiry or take such evidence himself or
direct such inquiry or evidence to be made or taken.
(3) In any case in which a person is convicted of theft,
theft in a building, dishonest misappropriation, cheating or
any offence under the Indian Penal Code (45 of 1860),
punishable with not more than two years, imprisonment or any
offence punishable with fine only and no previous conviction
is proved against him, the Court before which he is so
convicted may, if it thinks fit, having regard to the age,
character, antecedents or physical or mental condition of
the offender and to the trivial nature of the offence or any
extenuating circumstances under which the offence was
committed, instead of sentencing him to any punishment,
release him after due admonition.
(4) An order under this section may be made by any Appellate
Court or by the High Court or Court of Session when
exercising its powers of revision.
(5) When an order has been made under this section in
respect of any offender, the High Court or Court of Session
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 the High Court or Court of Session shall not
under this sub-section inflict a greater punishment than
might have been inflicted by the Court by which the offender
was convicted.
(6) The provisions of Sections 121, 124 and 373 shall, so
far as may be, apply in the case of sureties offered in
pursuance of the provisions of this section.
(7) The Court before directing the release of an offender
under sub-section (1), shall be satisfied that an offender
or his surety (if any) has a fixed place of abode or regular
occupation in the place for which the Court acts or in which
the offender is likely to live during the period named for
the observance of the conditions.
(8) If the Court which convicted the offender, or a Court
which could have dealt with the offender in respect of his
original offence, is satisfied that the offender has failed
to observe any of the conditions of his recognisance, it may
issue a warrant for his apprehension.
(9) An offender, when apprehended on any such warrant shall
be brought forthwith before the Court issuing warrant, and
such Court may either remand him in custody until the case
is heard or admit him to bail with a sufficient surety
conditioned on his appearing for sentence and Court may,
after hearing the case, pass sentence.
(10) Nothing in this section shall affect the provisions of
the Probation of Offenders Act, 1958 (20 of 1951), the
Children Act, 1960 (60 of 1960) or any other law for the
time being in force for the treatment, training or
rehabilitation of youthful offenders.
THE JUDGMENT
What is Order to pay compensation Section 357 of Code of Criminal Procedure 1973
What is Victim Compensation Scheme Section 357A of Code of Criminal Procedure 1973
SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION