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. 43

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