Chapter XXVII
Section 361 CrPC: Special reasons to be recorded in certain cases
New Law Update (2024)
Section 472 BNSS
TRIAL COURT
Punishment
Procedural – Judgment / Sentencing
Cognizable?
Bailable?
Compoundable?
Bare Act Text
Where in any case the Court could have dealt with— (1) an accused person under section 360 or under the provisions of the Probation of Offenders Act, 1958 (20 of 1958), or (2) 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.
Important Sub-Sections Explained
Key Provisions of Section 361
This section specifies two primary scenarios where the recording of ‘special reasons’ is mandatory for a court. It applies when a court could have released an accused person on probation under Section 360 CrPC or the Probation of Offenders Act, 1958, or dealt with a youthful offender under the Children Act, 1960, or similar laws for rehabilitation, but chose not to do so.
Landmark Judgements
Masood v. State of U.P. (1974):
The Supreme Court highlighted the mandatory nature of Section 361 CrPC, stating that if a court decides not to release an accused on probation under Section 360 CrPC or the Probation of Offenders Act, 1958, despite having the power to do so, it is statutorily bound to record ‘special reasons’ for such a decision in its judgment. This ensures judicial consideration of the reformative aspect of sentencing.
Bansidhar v. State of Rajasthan (1983):
The Rajasthan High Court, following the Supreme Court’s pronouncements, reiterated that the omission to record special reasons as required by Section 361 CrPC, when the accused could have been dealt with under the Probation of Offenders Act, 1958, renders the sentence illegal and unsustainable. This emphasizes the critical importance of adhering to the mandatory provision.