- 19-May-2025
- Transportation and Traffic Laws
(1) When 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, 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 of good behavior: Provided that where any first offender is convicted by a Magistrate of the second class not specially empowered by the High Court, 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, forwarding the accused to, or taking bail for his appearance before, such Magistrate, who shall dispose of the case in the manner provided by sub-section (2).
(2) Where proceedings are submitted to a Magistrate of the first class as provided by sub-section (1), such Magistrate may thereupon pass such sentence or make such order as he might have passed or made if the case had originally been heard by him, and, if he thinks further inquiry or additional evidence on any point to be necessary, he may make such inquiry or take such evidence himself or direct such inquiry or evidence to be made or taken.
(3) In any case in which a person is convicted of theft, theft in a building, dishonest misappropriation, cheating or any offence under the Bharatiya Nyaya Sanhita, 2023, punishable with not more than two years, imprisonment or any offence punishable with fine only and no previous conviction is proved against him, the Court before which 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 the offence was committed, instead of sentencing him to any punishment, release him after due admonition.
(4) An order under this section may be made by any Appellate Court or by the High Court or Court of Session when exercising its powers of revision.
(5) When an order has been made under this section in respect of any offender, the High Court or Court of Session may, on appeal when there is a right of appeal to such Court, or when exercising its powers of revision, set aside such order, and in lieu thereof pass sentence on such offender according to law: Provided that the High Court or Court of Session shall not under this sub-section inflict a greater punishment than might have been inflicted by the Court by which the offender was convicted.
(6) The provisions of sections 140, 143 and 414 shall, so far as may be, apply in the case of sureties offered in pursuance of the provisions of this section.
(7) The Court, before directing the release of an offender under sub-section (1), shall be satisfied that an offender or his surety (if any) has a fixed place of abode or regular occupation in the place for which the Court acts or in which the offender is likely to live during the period named for the observance of the conditions.
(8) If the Court which convicted the offender, or a Court which could have dealt with the offender in respect of his original offence, is satisfied that the offender has failed to observe any of the conditions of his recognizance, it may issue a warrant for his apprehension.
(9) An offender, when apprehended on any such warrant, shall be brought forthwith before the Court issuing the warrant, and such Court may either remand him in custody until the case is heard or admit him to bail with a sufficient surety conditioned on his appearing for sentence and such Court may, after hearing the case, pass sentence.
(10) Nothing in this section shall affect the provisions of the Probation of Offenders Act, 1958, or the Juvenile Justice (Care and Protection of Children) Act, 2015 or any other law for the time being in force for the treatment, training or rehabilitation of youthful offenders.
Section 401 of the Bharatiya Nagarik Suraksha Sanhita, 2023, deals with the release of offenders on probation of good conduct or after admonition, particularly focusing on those convicted of offenses punishable with fine or imprisonment of seven years or less. If the court finds it expedient, based on the offender's age, character, or circumstances of the offense, it can release the offender on probation, instead of immediately sentencing them to punishment. In certain cases, the offender may be required to enter into a bond, with or without sureties, to appear for sentencing when called upon and to maintain good behavior. Additionally, provisions are in place for the High Court, Appellate Courts, and Courts of Session to revise or modify such orders. The section also outlines provisions for sureties, conditions for release, and the possibility of re-arrest if conditions are violated.
A1: It pertains to the release of offenders on probation of good conduct or after admonition, under specific circumstances.
A2: Persons convicted of offenses punishable with fine only or imprisonment of seven years or less, and those under twenty-one years of age or women convicted of offenses not punishable with death or life imprisonment, and who have no previous convictions.
A3: The court may release the offender on probation if it deems it expedient, considering the offender’s age, character, antecedents, and the circumstances of the offense, on the condition that the offender enters into a bond to maintain good behavior and appear for sentencing when called upon.
A4: Yes, if the offender fails to observe any of the conditions of the bond, the court can issue a warrant for their apprehension.
A5: If the court is satisfied that the offender has violated the terms of probation, it can issue a warrant for their apprehension and pass the appropriate sentence.
A6: Yes, the High Court or Court of Session, during an appeal or revision, can set aside the order of probation and pass a sentence according to law.
1. Example 1: A person under twenty-one years of age is convicted of an offense punishable with imprisonment for three years. Since no previous conviction is proved against them, and the court considers the circumstances of the offense and the individual’s character, the court releases the person on probation for three years, requiring them to maintain good behavior and appear when summoned.
2. Example 2: A first-time offender convicted of theft, punishable with imprisonment for two years, is deemed to have committed the offense under extenuating circumstances. The court may decide to release them after admonition rather than sentencing them to imprisonment.
Section 401 of the Bharatiya Nagarik Suraksha Sanhita, 2023, allows the release of certain offenders on probation of good conduct or after admonition, particularly for those convicted of lesser offenses. The release can be contingent upon the offender entering into a bond, with or without sureties, and adhering to conditions set by the court. If conditions are violated, the court may issue a warrant for apprehension. Higher courts also have the authority to revise or alter the order. This section complements existing laws regarding probation and rehabilitation.
Answer By Law4u Team
Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.
