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Report No. 135

5.4. Section 6: offenders under 21 years of age.-

The power of the Court to release an offender on admonition or probation, as formulated in sections 3 and 4 of the Probation of Offenders Act, 1958, is discretionary.1 But that Act, by section 6, contemplates that in the case of young offenders, that power must be exercised ordinarily, unless the Court convicting the offender 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 to deal with him under section 3 or section 4, and if the Court passes any sentence of imprisonment on the offender, it shall record its reasons for doing so.

1. Paras. 5.2 and 5.3, supra.

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