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
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