Section 11 the Probation of offenders act, 1988
Section 11 of the Probation of Offenders Act, 1988 (assuming you're referring to the corresponding provision of the Probation of Offenders Act, 1958, as there is no "Probation of Offenders Act, 1988") states:
Section 11 – Courts competent to make order under the Act
Notwithstanding anything contained in the Code or any other law, a Chief Judicial Magistrate or a Metropolitan Magistrate, or any Magistrate of the first class specially empowered by the State Government in this behalf, shall have power to make an order under Section 4 or Section 6.
Explanation:
This section lays down which courts are authorized to grant probation under the Act:
Chief Judicial Magistrate
Metropolitan Magistrate
Any Magistrate of the First Class who has been specially empowered by the State Government.
This means not all magistrates automatically have this power. A Magistrate of the First Class must be specially notified/empowered by the state government to pass orders under Sections 4 or 6, which relate to:
Section 4: Release on probation for first-time offenders.
Section 6: Special consideration for offenders under 21 years of age.
RELATED Blog
0 comments