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Report No. 135

5.9. Suggested amendment of section 4(1), Probation Act.-

On similar lines, section 4(1) of the Probation Act could be amended by inserting certain words which would require the Court to have regard to the fact that the offender is a woman. After such an amendment, section 4(1), main paragraph, would read as under:-

"(1) When any person is found guilty of having committed an offence not punishable with death or imprisonment for life and the Court by which the person is found guilty is of opinion that; having regard to the circumstances of the case, including the nature of the offence and the character of the offender and the fact that the offender is a woman, it is expedient to release him1 on probation of good conduct, then, notwithstanding anything contained in any other law for the time being in force, the Court may, instead of sentencing him at once to any punishment, direct that he be released on his entering into a bond, with or without sureties, to appear and receive sentence when called upon during such period, not exceeding three years, as the Court may direct, and in the meantime to keep the peace and be of good behaviour."

1. The words in the masculine need not be changed. See section 13, General Clauses Act, 1989.

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