Special reasons to be recorded in certain cases
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Summary
When a court could have dealt with an accused under probation, the Probation of Offenders Act, the Children Act, or any law for treatment, training, or rehabilitation of youthful offenders but did not, it must record in its judgment the special reasons for not having done so. The statement must explain why those alternative rehabilitative measures were not applied.
Example
Arjun, a young shop assistant accused of minor theft, qualifies for treatment under the Children Act or for probation, but the court sentences him to imprisonment instead. The court must record in its judgment the special reasons for not sending him for probation or other rehabilitative measures.
Bare Act
Enacted textWhere in any case the Court could have dealt with,
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(a) an accused person under section 360 or under the provisions of the Probation of Offenders Act, 1958 (20 of 1958), or
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(b) a youthful offender under the Children Act, 1960 (60 of 1960), 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.
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