Section 360 of CrPC : Section 360: 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 360:

• 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 previous convictions.

Application of Section 360:

• 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 dishonest misappropriation of property worth Rs. 500. This is his first offense, and he has no previous convictions.

Application of Section 360:

• Since Raj is convicted of an offense under the Indian Penal Code punishable with not more than two years of imprisonment, the court considers his age, character, and the trivial nature of the offense.
• The court decides that instead of sentencing Raj to imprisonment, it is more appropriate to release him after due admonition.
• Raj is released with a warning and is not required to serve any imprisonment or pay a fine.

Example 4:

Scenario: Priya, a 22-year-old woman, is convicted of causing a minor accident due to negligent driving. This is her first offense, and she has no previous convictions.

Application of Section 360:

• 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 theft in a building. This is his first offense, and he has no previous convictions.

Application of Section 360:

• Since Mohan is convicted of an offense under the Indian Penal Code punishable with not more than two years of imprisonment, 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 after due admonition.
• Mohan is released with a warning and is not required to serve any imprisonment or pay a fine.