The Indian Code of Criminal Procedure, 1973 (CrPC) is a comprehensive code dealing with the administration of criminal justice in India. It provides the legal framework for the investigation, prosecution, and trial of criminal offenses, and outlines the powers and duties of the police, magistrates, and courts.
Section 360 of the CrPC deals with the power to order a person to give security for keeping the peace. This section empowers a Magistrate to order any person to execute a bond with or without sureties, for keeping the peace and for good behavior. The Magistrate may also impose any other conditions that he thinks fit for the purpose of securing the bond.
The power to order security for keeping the peace is a preventive measure, which is taken to ensure that the person in question does not engage in any activities that may disturb the peace or cause fear and alarm to the public. It is generally used in cases where the person has a history of violent or disruptive behavior, or where there are reasonable grounds to believe that the person may cause a breach of the peace in the future.
The bond ordered under this section is a personal bond, which means that the person is required to give a personal undertaking to the Magistrate to abide by the conditions of the bond. If the person fails to do so, the Magistrate may take action against him/her for contempt of court.
In conclusion, Section 360 of the CrPC is an important provision that enables the Magistrate to take preventive measures to ensure that the peace is maintained and the public is not subjected to fear and alarm. It serves as an effective tool for curbing the potential for violence and disorder, and helps to maintain law and order in society.
Section 360 Code of Criminal Procedure, 1973
Certain conditions may involve performance for community services and welfare, refrained from use of alcohol or drugs, not permitted to meet certain people and appear in the court when requested. What are the different types of probation? Definition Judgment is the statement given by the Judge on the grounds of a decree or order The formal expression of any decision of a Criminal Court which is not a decree. As a general rule, an order of a court is founded on objective considerations and as such the judicial order must contain a discussion of the question at issue and the reasons which prevailed with the court which led to the passing of the order. The object of the Act is to prevent the conversion of youthful offenders into obdurate criminals as a result of their association with hardened criminals of mature age in case the youthful offenders are sentenced to undergo imprisonment in jail. Therefore, we find that the High Court misread the provisions of the 1958 Act to hold that such Act is not applicable to the offender under the age of 21 years. At this stage, it may be noticed that a two Judge Bench of this Court in Sanjay Dutt v. Before, however, the benefit of the Act can be invoked, it has to be shown that the convicted person even though less than 21 years of age, is not guilty of an offence punishable with imprisonment for life.
All about Probation of Offenders Act, 1958 By: Naina Agarwal
What are the two methods of release of convict? While awarding the compensation, it should be seen that in any subsequent civil suit of the same matter the amount is paid or recovered as compensation. However, a child in conflict with law can be granted probation, if qualified under probation law as specified in R. Such compensation may be for the costs of the proceeding, compensation for causing harm, injury or death, etc. A judge occupies the seat of the decision-maker on behalf of law and judiciary. Where the accused may be given benefit of provisions contained in the POA or section 360, but he is not given that benefit, section 361 requires the court to gives its reasons for not doing so. Section 363 This section tells us that a copy of the judgment pronounced by the presiding officer of the court shall be given out to the accused, the complainants and all such persons associated with the proceeding in reference to which such a judgement has been passed.
During the end of the trial, if the court thinks that the amount is not enough for rehabilitation facilities, the court can make recommendations for compensation. Such changes in decision can be made to the stretch of discharge or extension of period not exceeding 3 years and it also depends upon the behavior of convict. State of Maharashtra, AIR 1981 ii Government of State where accused was convicted is the appropriate Government and not Government of the State where the offence was committed; Hanumat Das v. Disagreeing with the High Court, the Supreme Court held that both Section 360 Cr. On fulfilment of the above conditions, if the court by which the offender is convicted considers it expedient that the offender should be released on probation of good conduct, it may, instead of sentencing him at once to any punishment, order him to be released on bond with or without sureties. The sentence imposed upon the appellant is of one year.
Law Web: Whether Provisions Relating To Probation U/S 360 of CRPC are Excluded By Probation Of Offenders Act?
Sir, it is the story. The object of this section is to avoid sending the first time offender to prison for an offence, which is not of a serious character and thereby running the risk of turning him into a regular criminal. State of Uttar Pradesh, AIR 2000 387. The credibility of a witness has to be adjudged by Appellate Court in drawing inference from proved and admitted facts; Padam Singh v. State of Andhra Pradesh, 2005 2 ALD Cry 751 , it was held that electronic media cannot give any leading element or part. In this reference, it is profitable to refer to Sub section 10 of section 360 of the Cr.
Grounds of decision A judgement essentially carries along a statement pertaining to the grounds of such decision being passed. Failure to give a fair decision or judgment will destroy the idea of justice for an innocent person. The object of Section 360 of the Code is to prevent young persons from being committed to jail, who have for the first-time committed crimes through ignorance, or inadvertence or the bad influence of others and who, but for such lapses, might be expected to be good citizens. A judge is not bound to pass an order asked by the parties. The discretion lies on judge either to alter the conditions or order to serve imprisonment.
The appellant has suffered the proceedings for more than 30 years. Both the provisions, Section 360 of the Code as well as 1958 Act, are applicable in respect of the offenders before the Court. Such probation is given for less serious or non-violent crimes. Superintendent of Jail, 1997 389. Power of court to release certain offenders on probation of good conduct. The concept of probation developed in US in 1841 when Boston cobbler, John Augustus convinced the judge to release convict for his care for a short time period with the goal of rehabilitation. The Probation of Offenders Act was enacted in 1958 with a view to provide for the release of offenders of certain categories on probation or after due admonition and for matters connected therewith.
Provisions Relating To Probation In CrPC (S.360) Not Excluded By Probation Of Offenders Act: SC [Read Order]
Â It could be sealing off the property to not be sold or exploited that forms the subject matter of the case by any party, or security of it or any of the parties to the matter. J 1183 Calcutta ; Pushkar Raj v. This section requires that the court shall normally deal with the offenders under section 360 or under the POA, or in case of youthful offenders under the laws of treatment, training or rehabilitation, of such youthful offenders; and that in case the court decides to pass any sentence on the offender, it shall record special reasons for doing so. Section 365 This section tells us that in case a judgement is pronounced by a court of session or by a Chief Judicial Magistrate, then a copy of such a judgement should be sent to the office of the District Magistrate. There is always an eye on the work and credibility of judges and magistrates.
The conjoint reading of the provisions of both the statutes, we find that the provisions of Section 360 of the Code are in addition to the provisions of the 1958 Act or the Children Act, 1960, or any other law for the time being in force for the treatment, training or rehabilitation of youthful offenders. After completion of investigation, the accused-appellant along with other accused was made to stand trial before the learned Magistrate. State of Uttar Pradesh, 1989 v In grant of leave to appeal against acquittal issue of show-cause notice to accused before hearing appeal on merits is without jurisdiction and misuse of power of High Court; R. Criminal law mainly deals with crimes committed against the community. A well-written judgment is established with the analysis of facts and laws. First Offenders The expression first offender refers to an offender who has no previous conviction to his credit, apart from the offence in question. Vinay Kumar, AIR 1982 385.
Has Section 360 Cr.P.C. Any Application In A State Where The Probation Of Offenders Act, 1958 Has Been Brought Into Force?
Section 360 4 An order under s. Joseph Mingel Koli, 1997 2 Crimes 228 Bom ii If two conclusions can be based upon the evidence on record the High Court should not disturb the finding of acquittal recorded by the trial Court; State of Maharashtra v. There is a particular period of time provided for an appeal against such demand of compensation by the court. Probationer can also be arrested of such a violation is a criminal offence. It analyses the relevant provisions relating to conditions for release of an offender on probation. Suspension of sentence pending the appeal; release of appellant on bail. The rules contained in Provided that unless the Appellate Court otherwise directs, the accused shall not be brought up, or required to attend, to hear judgment delivered.
If there is more than one person who has been arrested under such circumstances, then compensation of rupees hundred such be paid to each person. State of Gujarat, AIR 1981 ii Leave to appeal refused by the High Court without giving any reason liable to be set aside; State of Maharashtra v. Section 360 CrPC deals with release of a convict on probation of good conduct or after admonition. Where in any case the Court could have dealt with,- Special directive in case of non-punitive measures The discretion to sentence a convicted person to any punishment has been narrowed down by section 361. It should be precise and clear containing names of the parties, amount of money, deadline etc. Act and other statutes dealing with youthful offenders. Moreover, no proper training is given to them.