Section 174, The Criminal Procedure Act, 2024

(1) Where a Magistrate Court before which a person isconvicted of an offence for which the term of imprisonment does not exceed 2 years or by the High Court for an offence not involving life imprisonment or is not of a sexual nature, is of the opinion, having regard to the circumstances including the nature of the offence and the character of the defendant, that it is inexpedient to inflict punishment, the Court may make an order either discharging him - (a) absolutely; or (b) subject to the condition that he commits no offence within 2 years from the date of the order. (2) An order discharging a person under paragraph (b) of subsection (1), shall be referred to as an "Order for Conditional Discharge" and the period specified in the Order for Conditional Discharge shall be referred to as "the Period of Conditional Discharge". (3) The Court shall, before making an order for conditional discharge under subsection (1), explain to the convicted person that if he commits another offence during the period of conditional discharge he will be liable to be sentenced for the offence for which he was discharged. (4) Where a person conditionally discharged is sentenced for the offence in respect of which the Order for Conditional Discharge was made, the Order shall cease to have effect. (5) The Court may, on making an Order for Conditional Discharge, if it thinks it expedient for the purpose of the convicted person's reformation, allow a person who consents to do so to give security for the good behaviour of the convicted person. (6) A Court may, on discharging a convicted person absolutely or conditionally, make an order for costs against that person or imposing a disqualification on him or an order for compensation or restitution. 92 93 Absolute and conditional discharge.