Report No. 64

5.38. Section 10.- Section 10 is an important section, and reads as follows:

"10(1)(a). A person convicted for the first time of any offence under sub-section (2) of section 3, or under section 4, section 5, 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 in the manner provided in sub-section (1) of section 562 of the Code of Criminal Procedure, 1898.

(b) 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, also be released with admonition in the manner provided for in sub-section (1A) of section 562 of the Code of Criminal Procedure, 1898.

(c) The provisions of sub-section (2), sub-section (3) and sub-section (4) of section 562 and section 563 and section 564 of the Code of Criminal Procedure, 1898, shall apply to cases referred to in clause (a) and clause (b).

(2) Where a woman or, girl is convicted of any offence under section 7 or section 8 and is not released, under clause (a) of sub-section (1) on probation of good conduct or under clause (b) of that sub-section with admonition, the court convicting the woman or girl may having regard to the age, character, antecedents of the woman or girl and the circumstances in which the offence was committed pass in lieu of the sentence of imprisonment or fine a sentence of detention in a protective home for a period of not less than two years and not more than five years.

(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, or any other law for the time being in force, no person convicted under sub-section (1) of section 3 or under section 6 or section 9 shall be released on probation or with admonition."