Power of Court to release certain convicted offenders on probation of good conduct instead of sentencing to punishment

Power of Court to release certain convicted offenders on probation of good conduct instead of sentencing to punishment.-

1. (1) When any person not under twenty-one years of age is convicted of an offence punishable with imprisonment for not more than seven years, 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 Judicial Magistrate of the second class not specially empowered by the High Court in this behalf, 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 Judicial 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 manner provided by section 380. (1-a) Conviction and release with admonition.-In any case in which a person is convicted of theft, theft in a building, dishonest, misappropriation, cheating or any offence under the Ranbir Penal Code punishable with not more than two years’ imprisonment and no previous conviction is proved against him, the Court before whom 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.
2. (2) An order under this section may be made by any Appellate Court or by the High Court when exercising its power of revision.
3. (3) When an order has been made under this section in respect of any offender, the High Court 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 shall not under this Sub-section inflict a greater punishment than might have been inflicted by the Court by which the offender was convicted.
4. (4) The provisions of sections 122, 126-A and 406-A shall, so far as may be, apply in the case of sureties, offered in pursuance of the provisions of this section.