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PROBATION VERSUS ADMONITION



Probation & Admonition-

Probation and admonition are two alternatives to imprisonment that the court may use for certain offenders under Section 360 of the Code of Criminal Procedure (CrPC). The main difference between them is as follows:

- Probation 

Probation is a legal disposition that allows an offender to avoid imprisonment by agreeing to abide by certain conditions imposed by the court, such as reporting to a probation officer, maintaining good conduct, and participating in rehabilitative programs. Probation is typically used for first-time or non-violent offenders who are not under 21 years of age or are women. The probation period may not exceed three years. If the offender complies with the conditions, they may avoid incarceration. If they fail to comply, they may be sentenced to imprisonment.

- Admonition

Admonition is a form of counseling or a stern warning that the court may give to an offender instead of imposing a formal sentence. Admonition is used for minor offenses, such as theft, cheating, or any offense punishable with fine only or with not more than two years imprisonment. The court may consider the age, character, antecedents, or physical or mental condition of the offender and the trivial nature of the offense or any extenuating circumstances when deciding on admonition. The offender is released after receiving the admonition and is expected to refrain from further offenses.

Both probation and admonition are based on the principle of restorative justice, which aims to rehabilitate offenders and reintegrate them into society.

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