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Report No. 142

9.14. Procedure to be followed on institution of an application.-

The Competent Authority shall fix a date for preliminary hearing of the application and apprise the applicant thereof in writing or an officer of the court may apprise him personally about the date of hearing and obtain his signature in token of the accused having been so apprised after receiving the relevant record pertaining thereof from the trial court which should be transmitted by the trial court within 10 days of the receipt of the requisition in this behalf.

9.15. On the date fixed for hearing or any other date to which the hearing may be adjourned, the Competent Authority shall ascertain from the accused in the open court whether the application under the scheme was made by him voluntarily and willingly without any inducement or pressure from any quarters. At the time of making this preliminary examination of the accused, the Competent Authority shall satisfy himself that neither the public prosecutor nor any police officer other than the security officer, if any, posted in the court is present in the court room so that the possibility of any direct or indirect pressure is excluded and the voluntary character of the application is assured.

Concessional Treatment for Offenders who on their own initiative choose to plead guilty without any bargaining Back

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