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Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a criminal court after convicting on charge of…

A court must consider applicable probation provisions rather than refuse to hear the request simply because it intends to impose punishment. Section 402 BNSS (formerly…

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Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a criminal court after convicting on charge of assault, proceeds to award the punishment to the accused, a thirty-year-old man, with no previous criminal record, refusing to hear the defence on plea for release on probation of good conduct.

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A court must consider applicable probation provisions rather than refuse to hear the request simply because it intends to impose punishment. Section 402 BNSS (formerly section 361 CrPC) requires special reasons to be recorded when a case could have been dealt with under section 401 or the Probation of Offenders Act, 1958 but was not. This does not guarantee release on probation, but it requires a reasoned decision on the eligible plea.

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