560. Officers concerned in sales not to purchase or bid for property. A public servant having any
duty to perform in connection with the sale of any property under this Code shall not purchase or bid for the
property.
561. [Special provisions with respect to offence of rape by a husband.] Rep. by Offence of Zina
(Enforcement of Hadood), Ordinance, 1979 (VII of 1979), s.20.
[561 A. Saving of inherent power of High Court. Nothing in this Code shall be deemed to limit or
affect the inherent power of the High Court to make such order as may be necessary to give effect to any
order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of
justice.]
1
First Offenders
2.3[562. Powers of Court to release certain convicted Offenders on probation of good conduct
instead of sentencing to punishment.(1) When any person not under twentyone years of age is convicted
of an offence punishable with imprisonment for not more than seven years, or when any person under
twentyone years of age or any woman is convicted of an offence not punishable with death or
4
[imprisonment] for life, and no previous conviction is proved against the offender, if it appears to the Court
before which he is convicted, regard being had to the age, character or antecedents of the offender, and to
the circumstances in which the offence was committed, that it is expedient that the offender should be
released on probation of good conduct, the Court may, instead of sentencing him at once to any punishment,
direct that he be released on his entering into a bond, with or without sureties, to appear and receive
sentence when called upon during such period (not exceeding three years) as the Court may direct, and in
the meantime to keep the peace and be of good behaviour:
Provided that, where any first offender is convicted by a Magistrate of the third class, or a Magistrate of
the second class not specially empowered by the 5[Provincial Government] in this behalf, and the Magistrate
is of opinion that the powers conferred by this section should be exercised, he shall record his opinion to
that effect, and submit the proceedings to a Magistrate of the first class 6* * * forwarding the accused to, or
taking bail for his appearance before, such Magistrate, who shall dispose of the case in manner provided by
section 380.
1.7[(1A) Conviction and release with admonition. In any case in which a person is convicted of theft,
theft in a building, dishonest misappropriation, cheating or any offence under the Pakistan Penal Code (XLV
of 1860) punishable with not more than two year's imprisonment and no previous conviction is proved
against him, the Court before whom he is so convicted may, if it thinks fit, having regard to the age,
character, antecedents or physical or mental condition of the offender and to the trivial nature of the offence
or any extenuating circumstances under which offence was committed, instead of sentencing him to any
punishment, release him after due admonition.]
1 S. 561A ins. by the Code of Criminal Procedure (Amdt.) Act 1923 (18 of 1923), s. 156.
2 Ss. 380, 562, 563 and 564 have been rep. by the Probation of Offenders Ordinance, 1960 (45 of 1960), s. 16, only in its application to
(i) the Provinces of West Pakistan with effect from the 1st July, 1961;
see Gaz. of P., 1961, Ext., p.957, and
3 Subs. by Act 18 of 1923, s.157, for the original s. 562.
4 Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s.3 and 2nd Sch., for “transportation”.
5 Subs. by A.O., 1937, for “L.G.”.
6 The words “or Subdivisional Magistrate” omitted by Ordinance 27 of 1981, s.3 and 2nd Sch.
7 Subsection (1A) ins. by the Code of Criminal Procedure (Second Amdt.) Act, 1923 (37 of 1923), s. 4.
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