CrPC Section 361 — Special reasons to be recorded in certain cases

CHAPTER XXVII THE JUDGMENT

General

Official Text

Where in any case the Court could have dealt with,—

(a) an accused person under section 360 or under the provisions of the Probation of Offenders Act, 1958 (20 of 1958); or

(b) a youthful offender under the Children Act, 1960 (60 of 1960) or any other law for the time being in force for the treatment, training or rehabilitation of youthful offenders, but has not done so, it shall record in its judgment the special reasons for not having done so.

Sections referred to

CrPC §360 — Order to release on probation of good conduct or after admonition

Related Judgments

APPELLATE SIDE; CRR 137 of 2017; Samir Kumar Das @ Samir Das vs The State of West Bengal, Before:, The Hon’ble Justice Apurba Sinha Ra — Calcutta High Court (Kolkata Principal Seat) (2025)
CHANI vs THE STATE OF UTTAR PRADESH — Supreme Court of India (2006)
STATE OF RAJASTHAN vs KHERAJ RAM — Supreme Court of India (2003)
LEHNA vs STATE OF HARYANA — Supreme Court of India (2002)
BISHNU DEO SHAW @ BISHNU DAYAL vs STATE OF WEST BENGAL — Supreme Court of India (1979)
RAJENDRA PRALHADRAO WASNIK vs STATE OF MAHARASHTRA — Supreme Court of India (2018)

Old <-> New Code Mapping

BNSS §402 — Special reasons to be recorded in certain cases