The provisions related to probation we get under section 360 CrPC and section 4 of the Probation of Offenders Act. probation means releasing a convicted person on probation of good conduct under the supervision of a probation officer for a maximum of 3 years upon entering into a bond with or without sureties, to receive a sentence when called upon and till that time to maintain peace and good behaviour. And admonition means releasing a person by the court after a reprimand.
According to section 360 of CrPC person be released at the discretion of the court if the –
• Accused is above 21 years of age and he is convicted only for fine or for the imprisonment of 7 years or less than 7 years, or
• Accused is below 21 years of age or is a woman and he is convicted for offense punishable with death or life imprisonment and in either case previous conviction is not proved then the person can be released on probation by court for a maximum period of 3 years by the trial court.
• Court may decide to release an accused on probation by looking into his past antecedents, age, character, and the circumstances in which the offense was committed.
• Such power may be exercised by Appellate and revision court
The accused may be released after admonition if the accused has committed either theft, theft in a building, dishonest misappropriation, cheating, or any offense punishable not exceeding 2 years. After taking into consideration his age, character, past antecedents, or circumstance under which he has committed the offense.
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