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 44

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