circumstances, order that the offender be
released on probation of good conduct or
direct that the offender be released and to
enter into a bond with or without surety.
(v) Binding
conviction)
over
Provided under Section 173A of the CPC in
(without which the power is given to the court to
discharge conditionally or unconditionally,
the offender. When a person is charged with
an offence, a court, having regard to the
character, antecedent, age, health, or
mental condition of the person charged, or
the trivial nature of the offence, or to any
extenuating circumstances under which the
offence was committed etc, the court may
without proceeding to record a conviction,
make an order either to dismiss the charge
after an admonition of caution to the
offender at the same time or discharge the
offender or conditionally entering into a
bond with or without sureties, to be on good
behaviour.
Between Section 173A and Section 294 of
the CPC, it can be seen that Section 173A is
applicable to all triable cases in the
Magistrate Court irrespective of the nature
of the prescribed punishment. Where the
Magistrate intends to exercise powers under
Section 173A, the court should not proceed
to convict. On the other hand, Section 294 is
applicable to adult offenders who have been
convicted and their conviction is punishable
with imprisonment, without the option of a
fine. A Magistrate would usually grant a
Section 294 order when the offence is
serious in nature, but it is considered
desirable to place the offender on probation.
(vi) Crimes
children
committed
Section 91(1) of the Child Act 2001 (Act 611)
by provides the powers for the court in dealing
with children on the proof of an offence.
For crimes committed by children, the court
for children after considering the probation
report by probation officers, may order to
admonish and discharge the child or
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