Special reasons to be recorded in certain cases
AI Assist
Summary
If a court could have dealt with an accused by using probation, juvenile rehabilitation or other youth‑treatment laws but did not, it must record in its judgment the special reasons for not doing so. This applies at sentencing whenever those alternatives were available. The consequence is a written explanation must appear in the judgment.
Example
Rohan, a 17-year-old accused of shop theft, could have been sent for juvenile rehabilitation but the court convicted him and imposed a prison sentence instead. The court must record in its judgment the special reasons explaining why Rohan was not dealt with under the juvenile treatment provisions.
Bare Act
Enacted textWhere in any case the Court could have dealt with,-
-
(a) an accused person under section 401 or under the provisions of the Probation of Offenders Act, 1958; or
-
(b) a youthful offender under the Juvenile Justice (Care and Protection of Children) Act, 2015 or any other law for the time being in force for the treatment, training or rehabilitation of youthful offenders, but has not done so, it shall record in its judgment the special reasons for not having done so.
Previous year papers
Pick your exam. we'll email the most recent paper.