Criminal Manual 279 — ENQUIRIES TO BE MADE BEFORE PASSING ORDERS

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

Statutory text

(1) The Act is intended for the reformation of offenders in their own house. It is, therefore, essential to find out all possible details about the offender, including his character, his physical and mental ability, the conditions in which he resides and the circumstances in which he came to commit the crime. As soon as the charge is framed or is about to be framed, the Court, if it considers that the offender, having regard to the nature of the offence and the part played by him, is likely to be given the benefit of the provisions of section 3, the Court may, and of provisions of section 4 the trial court should, immediately instruct the Probation Officer of the area concerned to make preliminary enquiries about the offender. In case the provisions of section 6 of the Act are applicable, it is obligatory on the court to call for the report from the Probation Officer. The Court should endeavour to obtain full information regarding the age, character, antecedents and physical and mental condition of the offender, which will enable it to make a wise selection of the method of treatment out of the various methods of treatment provided in the Act.

(2) In some cases, it may be desirable to get the offender medically examined in order to ascertain his mental and physical condition. In such cases, a medical examination should be arranged.

(3) Such preliminary enquiries are unnecessary in the case of offenders who are charged with trivial offences not involving moral turpitude, (e.g., where a person disregards the rule of the road or leaves cattle insufficiently attended) and who can be let off with admonition, under section 4 of the Act or punished with fine.

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