Criminal Procedure Code · Updated to 1 May 2023 · Chapter XXVII · Sentences and the Carrying Out of IT
294. First offenders
Feedback & supportWhen any person has been convicted of any offence before any Court if it appears to the Court that regard being had to the character, antecedents, age, health or mental condition of the offender
offence
“offence” means any act or omission made punishable by any law for the time being in force;
Criminal Procedure Code 165
or to the trivial nature of the offence or to any extenuating circumstances under which the offence was committed it is expedient that the offender 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 and during such period as the Court may direct to appear and receive judgment if and when called upon and in the meantime to keep the peace and be of good behaviour.
Court
“Court” means the High Court, a Sessions Court, or a Magistrate’s Court of any class, as the context may require;
The Court may, if it thinks fit, direct that the offender shall pay the costs of the prosecution or some portion of the same within that period and by such instalments as may be directed by the Court.
Section 432 shall be applicable to any direction made under this subsection.
If a Court having power to deal with the offender in respect of his original offence, or any Court of summary jurisdiction, is satisfied by information on oath that the offender has failed to observe any of the conditions of his bond, it may issue a warrant for his apprehension.
Any offender when apprehended on any such warrant shall, if not immediately brought before the Court having power to sentence him, be brought before a Magistrate, and the Magistrate may either remand him by warrant until the time at which he is required by his bond to appear for judgment or until the sitting of a Court having power to deal with his original offence, or may admit him to bail with a sufficient surety conditioned on his appearing for judgment.
The offender, when so remanded, may be committed to prison and the warrant of remand shall order that he be brought before the
Court before which he was bound to appear for judgment or to answer as to his conduct since his release.
This section shall not apply—
if the offender is charged with a serious offence; or
if the offender is charged with the commission of an act of domestic violence as defined under section 2 of the
Domestic Violence Act 1994.
166