Code:
Where a satisfactory disposition of the case has been worked out under section 292, the Court shall dispose of the case in the following manner, namely:—
(a) the Court shall award the compensation to the victim in accordance with the disposition under section 292 and hear the parties on the quantum of the punishment, releasing of the accused on probation of good conduct or after admonition under section 401 or for dealing with the accused under the provisions of the Probation of Offenders Act, 1958 (20 of 1958) or any other law for the time being in force and follow the procedure specified in the succeeding clauses for imposing the punishment on the accused;
(b) after hearing the parties under clause (a), if the Court is of the view that section 401 or the provisions of the Probation of Offenders Act, 1958 (20 of 1958) or any other law for the time being in force are attracted in the case of the accused, it may release the accused on probation or provide the benefit of any such law;
(c) after hearing the parties under clause (b), if the Court finds that minimum punishment has been provided under the law for the offence committed by the accused, it may sentence the accused to half of such minimum punishment, and where the accused is a first-time offender and has not been convicted of any offence in the past, it may sentence the accused to one-fourth of such minimum punishment;
(d) in case after hearing the parties under clause (b), the Court finds that the offence committed by the accused is not covered under clause (b) or clause (c), then, it may sentence the accused to one-fourth of the punishment provided or extendable for such offence and where the accused is a first-time offender and has not been convicted of any offence in the past, it may sentence the accused to one-sixth of the punishment provided or extendable, for such offence.
Explanation:
This section outlines the procedure for disposing of a case where a satisfactory disposition has been reached under Section 292 (relating to restorative justice and victim-offender mediation). It emphasizes a focus on rehabilitation and restorative justice, offering options for the accused, including compensation, probation, and reduced sentences.
Illustration:
Imagine a case where a person is accused of minor theft. Through restorative justice, the offender agrees to compensate the victim, attend community service, and apologize. Under Section 293:
- The Court will award compensation based on the agreement under Section 292.
- The Court might release the offender on probation, considering their remorse and the victim’s satisfaction.
- If the Court deems a sentence necessary, it could reduce the punishment considering the restorative efforts.
Common Questions and Answers:
Q: Does Section 293 apply to all offenses?
A: No, this section applies only to cases where a satisfactory disposition has been reached under Section 292.
Q: Can an offender be sentenced to the full punishment despite a restorative outcome?
A: Yes, the Court retains the discretion to sentence the offender as per the law, even if a restorative outcome is reached. However, Section 293 encourages reducing sentences as a reward for successful restorative efforts.
Q: What are the criteria for considering an offender as a first-time offender?
A: The specific criteria might vary depending on the law in force. Generally, it refers to an individual who has not been previously convicted of any offense.
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