THE CODE OF CRIMINAL PROCEDURE, 1898
(V OF 1898)
[22nd March, 1898]
An Act to consolidate and amend the law
relating to the Criminal Procedure
FIRST OFFENDERS
562. Powers of Court to release certain convicted offenders on
probation of good conduct instead of sentencing to punishment. 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 good behaviour:
Provided that, where any
first offender is convicted by a Magistrate of the third class, or a Magistrate
of the second class not specially empowered by the Provincial Government 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 Magistrate of the first class [1][.....]
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 Pakistan 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
offence was committed, instead of sentencing him to any punishment, release him
after due admonition.
(2) An
order under this section may be made by any Appellate Court or by the High
Court where exercising its power of revision.
(3) When
an order has been made under this section in respect of any offender, the Court
may, on appeal when there is a right of appeal to such Court, or when
exercising its power 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 which the offender was convicted.
(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.