CrPC Section 361
Section 361 of the Criminal Procedure Code (CrPC), 1973 (India):
⚖️ Section 361 CrPC — Special reasons to be recorded in certain cases
📜 Text (Summary):
When a court convicts a person of an offence punishable with imprisonment and had the option to release him on probation under Section 360 CrPC or under the Probation of Offenders Act, 1958, but does not do so, the court must record special reasons in the judgment for not granting such benefit.
🔍 Key Points:
Purpose of Section 361:
Encourages reformative justice, especially for first-time or minor offenders.
Ensures that non-custodial sentences are considered wherever appropriate.
When is it applicable?
When the accused is eligible to be released:
Under Section 360 CrPC, or
Under the Probation of Offenders Act, 1958 (if applicable in the jurisdiction).
But the court decides not to release the accused on probation.
Mandatory Requirement:
The judge must record “special reasons” in the judgment explaining why probation is not granted.
Why is this important?
Promotes transparency and accountability in sentencing.
Allows appellate courts to review sentencing decisions more effectively.
Ensures that courts don’t arbitrarily deny probation benefits.
📚 Example:
If a first-time offender, convicted of theft, is denied probation, the judge must specify reasons such as:
Nature and gravity of the offence.
Likelihood of repetition.
Lack of remorse.
Need for deterrence.
Without such reasons, the sentence could be challenged on appeal.
🧑⚖️ Relevant Case Law:
Dagdu v. State of Maharashtra (1977):
Supreme Court emphasized that recording special reasons is mandatory if probation is denied to eligible offenders.
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