Section 401 of BNSS : Section 401: Order to release on probation of good conduct or after admonition.

Explanation using Example

Example 1:

Scenario: Ramesh, a 19-year-old college student, is caught stealing a bicycle from his campus. This is his first offense, and he has no prior criminal record.

Application of Section 401:

• Since Ramesh is under 21 years of age and the offense is not punishable with death or life imprisonment, the court considers his age, character, and the circumstances of the offense.
• The court decides that instead of sentencing Ramesh to imprisonment, it is more appropriate to release him on probation of good conduct.
• Ramesh is required to enter into a bond to appear and receive his sentence if called upon within a period of up to three years. During this time, he must keep the peace and be of good behavior.

Example 2:

Scenario: Sita, a 25-year-old woman, is convicted of cheating by providing false information to obtain a loan. This is her first offense, and she has no prior convictions.

Application of Section 401:

• Since Sita is a woman and the offense is not punishable with death or life imprisonment, the court considers her age, character, and the circumstances of the offense.
• The court decides that instead of sentencing Sita to imprisonment, it is more appropriate to release her on probation of good conduct.
• Sita is required to enter into a bond to appear and receive her sentence if called upon within a period of up to three years. During this time, she must keep the peace and be of good behavior.

Example 3:

Scenario: Raj, a 30-year-old man, is convicted of theft in a building. This is his first offense, and he has no prior criminal record.

Application of Section 401:

• Since Raj is over 21 years of age and the offense is punishable with imprisonment for a term of seven years or less, the court considers his age, character, and the circumstances of the offense.
• The court decides that instead of sentencing Raj to imprisonment, it is more appropriate to release him on probation of good conduct.
• Raj is required to enter into a bond to appear and receive his sentence if called upon within a period of up to three years. During this time, he must keep the peace and be of good behavior.

Example 4:

Scenario: Priya, a 22-year-old woman, is convicted of dishonest misappropriation of property. This is her first offense, and she has no prior criminal record.

Application of Section 401:

• Since Priya is a woman and the offense is not punishable with death or life imprisonment, the court considers her age, character, and the circumstances of the offense.
• The court decides that instead of sentencing Priya to imprisonment, it is more appropriate to release her on probation of good conduct.
• Priya is required to enter into a bond to appear and receive her sentence if called upon within a period of up to three years. During this time, she must keep the peace and be of good behavior.

Example 5:

Scenario: Mohan, a 28-year-old man, is convicted of cheating. This is his first offense, and he has no prior criminal record.

Application of Section 401:

• Since Mohan is over 21 years of age and the offense is punishable with imprisonment for a term of seven years or less, the court considers his age, character, and the circumstances of the offense.
• The court decides that instead of sentencing Mohan to imprisonment, it is more appropriate to release him on probation of good conduct.
• Mohan is required to enter into a bond to appear and receive his sentence if called upon within a period of up to three years. During this time, he must keep the peace and be of good behavior.