2. Meaning
By the virtue of this section we can see how and when
can a person be released before the sentenced period
due to his good conduct.
Section 360 of the code of criminal procedure along
with section 4 of the probation of criminal offenders act
talks in detail about such powers vested in the hands of
the court.
3. Who can be released on such probation?
Any person not under twenty-one years of age is convicted of
an offence punishable with fine only or with imprisonment for a
term of seven years, or less,
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,
And if the court is convinced
4. Basis on which release is made?
the age,
character or antecedents of the offender,
and to the circumstances in which the
offence was committed
5. What is required by the offender?
In order to get such a probation granted, the offender is kept under
surveillance of the officer who checks on the behaviours of the
offender during this period.
The offender is also required to execute a bond which may be with
or without sureties that whenever the court will summon him/her
he will be required to be present there.
6. Admonition
In any case in which a person is convicted of theft, theft in a building,
dishonest in is appropriation,
cheating or any offence under the Indian Penal Code (45 of 1860)
punishable with not more than two years’ imprisonment or any
offence punishable with fine only
instead of sentencing him to any punishment, release him after due
admonition.
Admonition is a type of warning being issued by the court.
7. Case law
Masarullah vs. State of Tamil Nadu-
Facts:-
The accused was of 20 years age, and after watching evil movies he
committed robbery with attempt to hurt.
Sentenced to 7 years of imprisonment.
Later on the court agreed that on basis of good behaviour probation
shall be granted off to him.