Report No. 142
9.24. Procedure to be followed in cases to which the probation of Offenders Act (P.O. Act, for short) and/or the provision of section 360, Cr. P.C. is applicable.-
In cases where the beneficial provision of the P.O. Act and/or section 360, Cr. P.C., are attracted to an applicant, he would be entitled to make an application mentioning that he is desirous of pleading guilty coupled with a prayer for granting him the benefit under the P.O. Act and section 360, Cr. P.C. In such cases, after hearing the public prosecutor and the aggrieved party, the Competent Authority shall pass appropriate orders having regard to the circumstances of the case in the light of the concerned provisions in conformity with the conditions embodied in the same.
The Competent Authority may be statutorily authorised to dispense with the requirement to call for the report of the probation officer if considered appropriate in the circumstances of the case in order to save time and to dispense with an exercise considered unnecessary.
In cases where it appears to the Competent Authority that, having regard to the P.O. Act and section 360, Cr. P.C., and having regard to the circumstances of the case, the case is not a fit one for granting the benefit of the said provisions or that it is not lawful to do so, the application as a whole may be rejected without recording any order of conviction. The provision regarding confidentiality of the making of the application and the consequences of rejection, as outlined in paragraphs 9.22 and 9.23 will be applicable in such cases rejection as well.