Section 77 - “Persistent Offenders”: (1) Whenever any person is convicted of any offence under the provisions of this Code and sentenced to imprisonment for more than six months and has on at least three previous occasions been sentenced to imprisonment, the Court or Magistrate may, if in its or his opinion the circumstances justify so doing, give such person a warning by reading out and explaining to him the relevant parts of this section and such warning shall be recorded with the sentence. (2) If any person who has been warned be convicted of any offence punishable with imprisonment committed more than one year after his release from serving the sentence in respect of which he was warned the Court or Magistrate when sentencing him shall give him a second warning. (3) If any person who has been warned be convicted of an offence punishable with imprisonment committed within one year of his release as aforesaid, or if any person who has been twice warned, be convicted of any such offence at any time after the second warning, such person shall be punished with imprisonment that may extend to ten years. (4) No person who has been warned shall be tried for any offence punishable with imprisonment except under this Code by a Magistrate of the first class non-summarily, or by some higher Court, and in awarding punishment under sub-section (3) such Magistrate or Court shall not be subject to the limits to his or its powers under sections 17 and 18 of the Criminal Procedure Act 2003. (5) Punishment awarded under sub-section (3) shall not be subject to any maximum prescribed for the offence of which the warned person is convicted. Section 77(A) “Compensation”: (1) A Court which convicts any accused person whether or not it passes any sentence of punishment may order the offender to make compensation to any person injured by his offence if such compensation is in the opinion of the Court recoverably by civil suit. (2) An order under this section may be sent to a Civil Court for execution in accordance with the rules governing executions of its judgments. Note – Not only money but other property as well may be ordered as Compensation under this section. See section 311 of Criminal Procedure Acts, 2003. Under that section, the Court first decides whether a fine is the proper punishment and if it so decides, it may order the whole or part 17

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