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Report No. 135

5.2. Section 3: release on admonition.-

Under section 3 of the Probation of Offenders Act, 1958, when any person is found guilty of having committed an offence punishable under sections 379 , 380, 381, 404 or 420 of the Indian Penal Code or any offence punishable with imprisonment for not more than two years or with fine or with both under the Indian Penal Code or any other law and no previous conviction is proved against the offender, the Court may release him after due admonition having regard to the circumstances of the case, including the nature of the offence and the character of the offender.

The offences mentioned in this section cover theft and some of its aggravations, criminal misappropriation of property and cheating committed in order to induce delivery of property, etc. There is no restriction as to age or sex of the offender but the offence must be of the specified category. It would be seen that the range of the section is fairly narrow as regards the offences covered.

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