ORDER TO RELEASE ON PROBATION OF GOOD CONDUCT OR AFTER ADMONITION (SECTION 360)

by | Nov 10, 2023

ORDER TO RELEASE ON PROBATION OF GOOD CONDUCT OR AFTER ADMONITION (SECTION 360)

Section 360 of the Criminal Procedure Code in India provides for the ‘Release On Probation Of Good Conduct or After Admonition’. This section allows the court to release certain offenders on probation or after a warning, rather than sentencing them to imprisonment, with the aim of rehabilitating them and promoting their good behavior in the future. It is a discretionary power of the court to consider the circumstances and nature of the offense before deciding whether probation or admonition is appropriate.

ELIGIBILITY AND DISCRETION FOR PROBATION

  • Age and Offense Criteria : This section outlines the circumstances under which a court can consider releasing a person on probation. It applies to individuals not exceeding 21 years of age or women convicted of offenses punishable with a fine or imprisonment of up to seven years, provided they have no prior convictions.
  • Court’s Discretion : The court has the discretion to release the offender on probation of good conduct, taking into account the offender’s age, character, antecedents, and the circumstances surrounding the offense. This option allows the court to defer imposing a sentence.
  • Probation Bond : If the court chooses probation, the offender must enter into a bond, with or without sureties, agreeing to appear for sentencing when summoned, and to maintain good behavior. The probation period should not exceed three years.
  • Magistrate’s Role : If a first-time offender is convicted by a second-class Magistrate without special empowerment from the High Court and believes that probation is appropriate, they must record their opinion. The case is then transferred to a first-class Magistrate for further handling.

PROCEEDINGS BEFORE FIRST-CLASS MAGISTRATE

  • Transfer and Decision : The First-Class Magistrate can pass a sentence or make an appropriate order as if they initially heard the case. They also have the authority to conduct further inquiries or gather additional evidence if necessary.

RELEASE AFTER ADMONITION

  • Eligible Offenses : This section allows for the release of offenders convicted of minor offenses like theft, theft in a building, dishonest misappropriation, or cheating, which carry a maximum punishment of two years’ imprisonment or are punishable with a fine only. If the offender has no previous convictions, and there are extenuating circumstances or the offense is of a trivial nature, the court may release the offender after giving an admonition instead of imposing a sentence.

APPELLATE COURT AND REVISION

  • Scope of Application : Orders under this section can be issued by any Appellate Court, High Court, or Court of Session when they are exercising their powers of revision.

APPEAL AND REVISION OF ORDERS

  • Review Authority : The High Court or Court of Session, in cases where an appeal is permitted or when exercising revision powers, can set aside orders made under this section and replace them with a lawful sentence. However, they cannot impose a greater punishment than the court that convicted the offender.

SURETIES IN PROBATION CASES

  • Applicable Sections : Certain sections concerning sureties (121, 124, and 373) apply in cases where sureties are offered as part of the probation process.

CONDITIONS FOR RELEASE

  • Residence or Occupation Requirements : Before ordering the release of an offender under subsection (1), the court must verify that the offender or their surety has a fixed place of abode or a regular occupation in the court’s jurisdiction, or where the offender is likely to reside during the probation period.

WARRANT FOR OFFENDER’S APPREHENSION

  • Failure to Comply with Conditions : If the court that convicted the offender, or a court with jurisdiction over the original offense, is satisfied that the offender has failed to comply with the conditions of their recognizance, they can issue a warrant for the offender’s apprehension.

APPREHENSION AND SENTENCING

  • Procedural Steps : When apprehended on such a warrant, the offender must be brought before the issuing court. The court can either remand the offender in custody or grant bail with a sufficient surety, contingent on the offender’s appearance for sentencing. After a hearing, the court may pass a sentence.

LEGAL PROVISIONS

  • Exceptional Cases : This section does not affect the provisions of the Probation of Offenders Act, 1958, the Children Act, 1960, or any other existing laws related to the treatment, training, or rehabilitation of youthful offenders.

CONCLUSION

Section 360 of Criminal Procedure Code ,offers a structured and balanced approach to dealing with offenders, allowing for probation or admonition based on individual circumstances. This provision emphasizes fairness and discretion, ensuring that minor offenders and first-time convicts have a chance to reform without immediate sentencing. It also provides checks and balances through appellate and high courts, maintaining the integrity of the legal process. Overall, Section 360 of CrPc promotes a rehabilitative approach to justice while respecting existing legal frameworks.

REFERENCE

1-https://indianexpress.com/article/india/85-year-old-man-convicted-in-cheating-case-released-on-probation-of-good-conduct-7233157/lite/ -THE INDIAN EXPRESS 

2-https://www.thehindu.com/news/national/kerala/dont-treat-first-time-offender-as-criminal-kerala-hc/article33504429.ece/amp/ -THE HINDU

 

 

Written By Archana Singh

I am Archana Singh, a recent law master's graduate with a strong aspiration for the judicial service. My passion lies in elucidating complex legal concepts, disseminating legal news, and enhancing legal awareness. I take immense pride in introducing my new legal website - The LawGist. Through my meticulously crafted blogs and articles, I aim to empower individuals with comprehensive legal insights. My unwavering dedication is to facilitate a profound comprehension of the law, enabling people to execute judicious and well-informed choices.

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