CrPC Section 359
π What Does Section 359 Say?
Section 359 CrPC empowers a Magistrate to release an offender without sentence in certain cases, typically when the offence is minor or the circumstances justify such release.
π Key Points of Section 359
Who Can Be Released?
The section applies to an offender who has committed an offence punishable with imprisonment for a term not exceeding 2 years, or with fine, or both.
Conditions for Release:
The offender can be released without any punishment.
The Magistrate can release the offender with or without conditions.
This is typically done when the offence is minor and the public interest is not affected by such release.
Purpose:
To provide leniency in cases where punishment is not necessary.
To avoid the inconvenience and cost of a trial or sentencing in minor cases.
Discretionary Power:
The power to release rests with the Magistrate, who exercises discretion based on the facts and circumstances.
π§ Why is Section 359 Important?
Helps in reducing the burden on the judicial system.
Allows for compassionate handling of minor offences.
Supports the idea of reform and social harmony.
π Illustration
If someone is caught committing a minor offence like simple hurt (punishable up to 2 years), the Magistrate may choose to release the offender without any punishment if the circumstances permit.
π Summary
Section 359 allows the Magistrate to release an offender without sentencing.
Applicable mainly to minor offences punishable with up to 2 yearsβ imprisonment or fine.
Provides flexibility to administer justice with mercy and efficiency.
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