CrPC Section 358
CrPC Section 358 – Release of Offenders on Probation or After Admonition
🔹 What does Section 358 say?
Section 358 deals with the release of convicted offenders on probation or after admonition (a kind of formal warning) after conviction but before sentencing or after conviction for minor offences.
🔹 Detailed Explanation
When a person is convicted of an offence punishable with imprisonment for up to two years or with fine only, or with both, the court has the option to release the offender on probation of good conduct or after admonition.
The court can release the offender without sentencing (i.e., no punishment like imprisonment or fine imposed immediately) if it thinks this will serve justice.
This section applies only to offences punishable with imprisonment up to 2 years or fine only.
It provides an alternative to punishment by giving the offender a chance to reform and keep good behavior without serving a sentence.
🔹 Purpose of Section 358
To decongest prisons by avoiding unnecessary imprisonment for minor offences.
To provide a chance for rehabilitation rather than punishment.
To promote reformation and social reintegration of minor offenders.
🔹 When can Section 358 be used?
After the offender has been convicted, but before the court pronounces sentence.
For offences with maximum punishment up to 2 years or fine only.
The court believes that releasing the offender on probation or admonition is sufficient.
🔹 Effect of Release under Section 358
The offender may be required to enter into a bond to maintain good behavior.
If the offender fails to maintain good conduct, the court may proceed with sentencing.
🔹 Relation to Other Sections
Section 360 CrPC: Deals with releasing offenders on probation without conviction.
Section 357 CrPC: Deals with compensation and costs which may be ordered even when releasing on probation.
Probation of Offenders Act, 1958: Governs the procedure and conditions for probation in India.
🔹 Example
If a person is convicted of a minor theft punishable with imprisonment of up to 2 years, the court may decide not to impose imprisonment but instead release the person on probation of good conduct for a specified period, giving them a chance to reform.
🔹 Summary
| Aspect | Details |
|---|---|
| Applicability | Convicted offenders of minor offences (≤ 2 years imprisonment or fine only) |
| Court’s Option | Release on probation or after admonition without sentencing |
| Objective | Rehabilitation, avoid imprisonment, promote good conduct |
| Condition | Offender may be required to give bond for good behavior |
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