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Report No. 64

5.50. Recommendation as to section 10 and to insert section 10A.-

In the light of the above discussion, we recommend the following re-draft of section 10, and we also recommend that new section1-section 10A-should be inserted, as under:-

1. Para. 5.47, supra.

Revised section 10

10. [Existing section 10(1)(a)(b) in part, modified]-(1) A person convicted for the first time of any offence under section 7 or section 8 may, having regard to his age, character, antecedents and the circumstances in which the offence was committed, be released by the court before which he is convicted on probation of good conduct-

(a) in the manner provided in section 4 of the Probation of Offenders Act, 1958 (hereinafter referred to as the "said Act"), if the said Act extends to the State;

(b) in the manner provided in sub-section (1) of section 360 of the Code of Criminal Procedure, 1974, if the said Act does not extend to the State.

(1A) [Existing section 10(1)(a) and (b) in part, modified]-A person Convicted for the first time of an offence under section 7 or section 8 may, having regard to his age, character, antecedents and the circumstances in which the offence was committed, also be released with admonition-

(a) in the manner provided in section 3 of the said Act, if the said Act extends to the State;

(b) in the manner provided in sub-section (2) of section 366 of the code of Criminal Procedure, 1974, if the Said Act does not extended to the State.

Explanation: In this section, "State" includes a part of a State.

(1B) The provisions of sections 5 to 17 of the said Act (both inclusive) shall apply to the cases referred to in clause (a) of sub-section (1) and clause (a) of sub-section (1A).

(1C) (Existing section 10(1)(c), modified]-The provisions of sub-sections (2) to (10) of section 360 of the Code of Criminal Procedure, 1974, shall apply to the cases referred to in clause (b) of sub-section (1) and clause (b) of sub-section (1A).

(2) (Existing section 10(3), modified]-Notwithstanding anything contained in the Code of Criminal Procedure, 1974, or any other law for the time being in force, no person convicted under sub-section (1) or (2) of section 3 or under section 4 or section 5 or section 6 or section 9 shall be released on probation or with admonition.

(3) (New) The Court by which the woman or girl is found guilty shall, on first conviction under section 7 or section 8, deal with her under this section, and shall not sentence her to imprisonment unless the Court is satisfied that, having regard to the circumstances of the case, including the nature of the offence and "the character of the offender it would not be desirable so to deal with her; and if the court passes any sentence of imprisonment on the offender on first conviction, it shall record its reasons for doing so.

(4) (New) For the purpose of satisfying itself whether it would not be desirable to deal with such woman or girl under this section, the court shall call for a report from the Probation Officer appointed under the said Act, and shall consider his report, if any, and any other information available to it relating to the character and physical and mental condition of the offender."

Section WA (New)

"10A. [Section 10(2) modified] (1) Where-

(a) a female offender is found guilty of an offence under section 7 or section 8, and is not released under sub-section (1) or (1A) of section 10; and

(b) the character, state of health and mental condition of the offender and the other circumstances of the case are such that it is expedient that she should be subject to detention for such term and such instruction and discipline as are conducive to her correction, it shall be lawful for the court to pass, in lieu of a sentence of imprisonment an order for detention in "a corrective institution1 established under this Act, for such term, not being less than two years and not being more than five years, as the court thinks fit:

Provided that, before passing such an order

(i) the court shall give an opportunity to the offender to be heard, and shall also consider any representation which the offender may make to the court as to the suitability of the case for treatment in such an institution, as also the report of the Probation Officer appointed under the Probation of Offenders Act, 1958; and

(ii) the court shall record that it is satisfied that the character, state of health and mental condition of the offender and the other circumstances of the case are such that the offender is likely to benefit by such instruction and discipline as aforesaid.

(2) Subject to the provisions of sub-section (3), the provisions of the Code of Criminal Procedure, 1974, relating to appeal, reference and revision, and of the Limitation Act, 1963 as to the period within which an appeal shall be filed, shall apply in relation to an order of detention, under sub-section (1) as if the order had been a sentence of imprisonment for the same period as the period for which the detention was ordered.

(3) Subject to the rules made in this behalf the appropriate Government or any authority authorised in this behalf by such Government may, at any time after the expiration of six months from the date of an order for detention in a corrective institution, if satisfied that there is a reasonable probability that the offender will lead a useful industrious life, discharge her from such an institution, with or without such conditions as may be considered fit, and grant her a written licence in the prescribed form.

(4) The conditions on which an offender is discharged on licence may include requirements relating to residence of the offender and supervision over the offender's activities and movements.2"

1. Amendment of section 18, Probation Act, to be separately considered. See para. 5.44, supra.

2. As to corrective institution, see section 21 as proposed to be amended.



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