Criminal Manual 139 — Section

Gujarat High Court Criminal Manual (subordinate court practice), 1977

Statutory text

(1) When any person above 21 years of age or any woman 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 21 years of age or any women is convicted of an offence not punishable with death or imprisonment for life and no previous conviction is proved against them, such persons can be released on probation of good conduct as provided in sub-section (1) of section 360, Code of Criminal Procedure, 1973. The Judges and Magistrates may extend the benefit of that section in deserving cases, on considering circumstances mentioned in that section.

(2) Where any person is convicted of theft, theft in building, dishonest misappropriation, cheating or any offence under the Indian Penal Code, punishable with imprisonment not more than two years or any offence punishable with fine only and no previous conviction is proved against him, such person may be released after due admonition as provided in sub-section (3) of section 360, Code of Criminal Procedure, 1973. The Judges and Magistrates may extend the benefit of that section in deserving cases on considering the circumstances mentioned in that section.

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