State Act

THE UNITED PROVINCES FIRST OFENDERS PROBATION ACT, 1938

This Act was repealed on a date we do not have by the Uttarakhand Repealing Act, 2023 (Uttarakhand Act 27 of 2023), s.2 and Schedule item 11; it may still apply to matters that began before then.

5. Notwithstanding anything contained in sections 3 and 4 where any first offender is found guilty of an offence by a magistrate of the third class or a magistrate of the second class not specially empowered by the [State Government]1 in this behalf, and the magistrate is of opinion that the powers conferred by the said sections should be exercised, he shall record his opinion to that effect and submit the proceedings to a magistrate of the first class or sub-divisional Magistrate, forwarding the accused to, or taking bail for his appearance before such magistrate who may thereupon pass such sentence or make such order as he might have passed or made, if the case had originally been heard by him, and, if he thinks further inquiry or additional evidence on any point to be necessary, he may make such inquiry or take such evidence himself or direct such inquiry or evidence to be made or taken.