Disposal of case
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Summary
After a satisfactory settlement between victim and accused, the court awards the agreed compensation and hears the parties on punishment. It can release the accused on probation or admonition or apply the Probation of Offenders Act or any other applicable law. If the offence carries a statutory minimum, the court may impose half that minimum, or one fourth for a first-time offender. If those do not apply, the court may impose one fourth of the prescribed sentence, or one sixth for a first-time offender.
Example
Arjun gets into a minor scuffle with a neighbour and the neighbour agrees to accept compensation. The court orders the agreed compensation, hears both sides, and because Arjun is a first-time offender it releases him on probation and sentences him to one fourth of the statutory minimum.
Bare Act
Enacted textWhere a satisfactory disposition of the case has been worked out under section 292, the Court shall dispose of the case in the following manner, namely:-
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(a) the Court shall award the compensation to the victim in accordance with the disposition under section 292 and hear the parties on the quantum of the punishment, releasing of the accused on probation of good conduct or after admonition under section 401 or for dealing with the accused under the provisions of the Probation of Offenders Act, 1958 or any other law for the time being in force and follow the procedure specified in the succeeding clauses for imposing the punishment on the accused;
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(b) after hearing the parties under clause (a), if the Court is of the view that section 401 or the provisions of the Probation of Offenders Act, 1958 or any other law for the time being in force are attracted in the case of the accused, it may release the accused on probation or provide the benefit of any such law;
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(c) after hearing the parties under clause (b), if the Court finds that minimum punishment has been provided under the law for the offence committed by the accused, it may sentence the accused to half of such minimum punishment, and where the accused is a first-time offender and has not been convicted of any offence in the past, it may sentence the accused to one-fourth of such minimum punishment;
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(d) in case after hearing the parties under clause (b), the Court finds that the offence committed by the accused is not covered under clause (b) or clause (c), then, it may sentence the accused to one-fourth of the punishment provided or extendable for such offence and where the accused is a first-time offender and has not been convicted of any offence in the past, it may sentence the accused to one-sixth of the punishment provided or extendable, for such offence.
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