(1) When any person is convicted of an offence not publishable with death or transportation 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, antecedents or physical or mental condition 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 the court shall not direct the release of an offender under this section unless it is satisfied that the offender, or his surety, has a fixed place of abode and 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:
1. Subs. by the A.O. 1950 for (provl.Govt).
2. Section 2, 3, 4 (1). 5, 6, 7, 8, 13,14 and 15 came into force in the whole of the U. P. on Feb. I, 1939, and ss.4 (2), (3 ) and (4), 9, 10, 11 and 12 came into force in the district of Lucknow, Kanpur , Banaras, Allahabad, Agra, Bareilly and Meerut on March I, 1939, see not.no. 240/VI- 163(1)-37, d. Jan. 23, 1939, In Gaz. 1939, Pt. I, p. 99, ss, 4 (2), {S) and (4) and '.ss. 9, 10, 1l and 12, came into force in ,the district of Aligarh on July 1, 1941, see.not no. 453/VI-594-41, d.June
17. 1941in Gaz. 1941. Pt. I. p. 294; and ss.4(2), (3) and (4) and ss.9, 10, 11 and l2 came into force in the districts of Farrukhabad, Faizabad. Jhansi and Moradabad on Oct, 1,1947, see not.
no. 3588/VI-756-46 , d. Oct.4. 1947. Gaz. Pt. I, p.758, and sections 4 (2), (3) and (4) and Ss. 9, 10, 11 and 12 came into force in the districts of Ghazipur, Jalaun , Dehra Dun and Unnao on March I, 1950, see not. no. Pro. 88/Vl-664-46, d. March 1, 1950, Gaz., Pt. I, p. 150.
15 [The United Provinces First Offenders' Probation Act, 1938] [Section 5-6]
Provided also that if a person under twenty-one years of age is convicted of any offence under the Indian penal Code, or any other enactments prescribed in this behalf under rules made by the [State Government] 1 which is punishable with imprisonment not exceeding six months the court shall take action under this section unless, for special reasons to be recorded in writing, it does not consider it proper to do so.
(2) Where the offender ordered to be released under sub-section (1) is under twenty-four years of age, the court may make a supervision order directing that such offender shall be under the supervision of such probation officer as may be named in the order during the period specified therein and imposing such other conditions for securing such supervision as may be specified in the order:
Provided that the period so specified shall not extend beyond the date on which, in the opinion of the court, the offender will attain the age of twenty-five years.
(3) A court making an order under sub-section (2) shall require the offender, before he is released, to enter into a bond, with or without sureties, to observe the conditions with respect to residence, abstention from intoxicants and any other matters as the court may, having regard to the particular circumstances of the case, consider fit to impose for preventing a repetition of the same offence or a commission of other offences by the offender.
(4) A Court making an order under sub-section (2) shall furnish to the offender and the sureties, if any, a notice in writing stating in simple terms the conditions of the bond.
Procedure in cases submitted by magistrate not empowered to act under sections 3 and 4
5. Notwithstanding anything contained in sections 3 and 4 where any first offender is found guilty of an offence by a magistrate of the third class or a magistrate of the second class not specially empowered by the [State Government] 1 in this behalf, and the magistrate is of opinion that the powers conferred by the said sections should be exercised, he shall record his opinion to that effect and submit the proceedings to a magistrate of the first class or sub-divisional Magistrate, forwarding the accused to, or taking bail for his appearance before such magistrate who 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.
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