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The Probation of Offenders Ordinance, 1960

( Ordinance NO. XLV OF 1960 )

Courts empowered under the Ordinance
3. (1) The following courts shall be the courts empowered to exercise powers under this Ordinance, namely:-
(a) 1[the High Court Division];
(b) A Court of Sessions;
(c) a District Magistrate;
2[* * *]
(e) a Magistrate of the 1st Class; and
(f) any other magistrate especially empowered in this behalf.
(2) A Court may exercise powers under this Ordinance, whether the case comes before it for original hearing or on appeal or in revision.
(3) Where any offender is convicted by a Magistrate not empowered to exercise powers under this Ordinance, and such Magistrate is of opinion that the powers conferred by section 4 or section 5 should be exercised, he shall record his opinion to that effect and submit the proceedings to a Magistrate of the 1st
Class 3[* * *] forwarding the offender to him, or taking bail for appearance before him, and such Magistrate 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.

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