250.
| (1) Where any court thinks that the charge is proved, but is of opinion that, having regard to the character, antecedents, age , health, or mental condition of the person charged, or to the trivial nature of the offence, or to the extenuating circumstances under which the offence was committed, it is inexpedient to inflict any punishment or any other than a nominal punishment, or that it is expedient to discharge the offender conditionally as hereinafter provided, the court may, without proceeding to conviction, either
| | (a) order such offender to be discharged after such admonition as to the court shall seem fit; or | | |
| | (b) discharge the offender conditionally on his executing a bond, with or without sureties, to be of good behaviour and to appear for conviction and sentence when called on at any such period, not exceeding three years, as may be specified in the order of the court. | | |
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| (2) Where any person has been convicted on indictment of any offence punishable with imprisonment, and the court is of opinion that, having regard to the character, antecedents, age, health, or mental condition of the person charged, or to the trivial nature of the offence, or to the extenuating circumstances under which the offence was committed, it is inexpedient to inflict any punishment, or any other than a nominal punishment, or that it is expedient to discharge the offender conditionally as hereinafter provided, the court may, in lieu of imposing a sentence of imprisonment, make an order discharging the offender conditionally on his executing a bond, with or without sureties, to be of good behaviour, and to appear for sentence when called on at any time during such period, not exceeding three years, as may be specified in the order. |
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| (3) An order under subsection (1) shall, for the purpose of re-vesting or restoring stolen property, or in respect of matters relating to the restitution or delivery of property to the owner, have the like effect as a conviction. |
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| (4) A bond executed under this section may contain such conditions as the court may, having regard to the particular circumstance of the case, order to be inserted therein with respect to all or any of the following matters: -
| | (a) for prohibiting the offender from associating with undesirables persons, or from frequenting undesirable places; | | |
| | (b) as to abstention from intoxicating liquor, where the offence was drunkenness or an offence committed under the influence of drink; | | |
| | (c) generally for securing that the offender should lead an honest and industrious life; | | |
| | (d) providing that the offender, with his surety or sureties, if any, shall appear in chambers before the Judge of the court, at such intervals as may be specified in the order. | | |
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| (5) The court before which any person is bound under this section to appear for conviction or sentence may, after notice to the offender, vary the conditions of the bond, and may, on being satisfied that the conduct of that person has been such that the bond should be discharged, discharge the bond. |
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| (6) If the court before which an offender is bound under this section to for conviction or sentence, or any other court, is satisfied by information on oath that the offender has failed to observe any of the conditions of his bond, it may secure the attendance before it of such offender in order that he may be dealt with according to law. |
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| (7) A court before which a person is bound by his bond to appear for conviction and sentence, on being satisfied that he has failed to observe any condition of his bond, may forthwith, without further proof of his guilt, convict and sentence him for the original offence, or, if the case was one in which the court in the first instance might, under the Children and Young Persons Ordinance, have ordered the offender to be sent to an approved or certified school and the offender is still apparently under the age of sixteen years, make such an order. |
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Sri Lanka Consolidated Acts