Box-25
Before passing the final sentence, the Court shall:
Ss.235(2)
248(2) Cr.P.C.
1.
Ensure that after conviction the accused
is heard on the question of sentence to
determine whether the accused has
anything to say regarding the quantum
of sentence, but such hearing is not
necessary if the court orders the release
of the accused on probation or
admonition.
S.309(2) Prov. Three
2.
Ensure that hearing on sentence is not
adjourned to another date merely to
enable the accused to show cause
against the proposed sentence, to the
disadvantage of the accused.
Box-26
While sentencing a convict, the Court shall:
Ss.389, 360,361 Cr.P.C.
& The Probation of
Offenders Act, 1958
1.
Ensure that even after conviction,
every case does not call for operation of
the term of sentence immediately.
2.
Ensure that appropriate cases should be
dealt with in terms of the Probation of
Offender Act, 1958, which is a Central
legislation applicable throughout India.
3.
Ensure that due consideration is given
to the aforesaid reformatory legislation
as mandated by Sections 360 and 361 of
the Code of Criminal Procedure, 1973.
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