CrPC Section 442
Here’s the information on Section 442 of the Criminal Procedure Code (CrPC) of India:
Section 442 - Directions for release on probation or after admonition
Text of Section 442 CrPC:
When a person is found guilty of an offence punishable with imprisonment of either description for a term which may extend to two years, or with fine, or with both, the court may, instead of sentencing him to such imprisonment, either:
Release him on probation of good conduct upon entering into a bond, with or without sureties, for a period not exceeding three years, and subject to conditions the court thinks fit to impose; or
After due admonition, release him, without entering into any bond or sureties.
Explanation:
This section gives courts the discretion to release offenders without sentencing them to imprisonment if:
The offence carries a punishment of up to 2 years imprisonment, or fine, or both.
The court may:
Release the accused on probation, requiring a bond promising good conduct for a period (up to 3 years).
Or simply release them after admonishing (warning) them, without any bond or sureties.
Purpose:
To decongest prisons by providing an alternative to short-term imprisonment for less serious offences.
To encourage reformation and rehabilitation of offenders through probation.
To avoid unnecessary harshness in sentencing for minor offences.
Important Notes:
This section is part of the probation of offenders system.
The court can impose conditions while releasing on probation, such as:
Regular reporting to a probation officer,
Not committing another offence,
Undergoing counseling or treatment, etc.
Here’s the information on Section 442 of the Criminal Procedure Code (CrPC) of India:
Section 442 - Directions for release on probation or after admonition
Text of Section 442 CrPC:
When a person is found guilty of an offence punishable with imprisonment of either description for a term which may extend to two years, or with fine, or with both, the court may, instead of sentencing him to such imprisonment, either:
Release him on probation of good conduct upon entering into a bond, with or without sureties, for a period not exceeding three years, and subject to conditions the court thinks fit to impose; or
After due admonition, release him, without entering into any bond or sureties.
Explanation:
This section gives courts the discretion to release offenders without sentencing them to imprisonment if:
The offence carries a punishment of up to 2 years imprisonment, or fine, or both.
The court may:
Release the accused on probation, requiring a bond promising good conduct for a period (up to 3 years).
Or simply release them after admonishing (warning) them, without any bond or sureties.
Purpose:
To decongest prisons by providing an alternative to short-term imprisonment for less serious offences.
To encourage reformation and rehabilitation of offenders through probation.
To avoid unnecessary harshness in sentencing for minor offences.
Important Notes:
This section is part of the probation of offenders system.
The court can impose conditions while releasing on probation, such as:
Regular reporting to a probation officer,
Not committing another offence,
Undergoing counseling or treatment, etc.
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