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(1) Notwithstanding anything contained in the Code or any other law, an order
under this Act, may be made by any court empowered to try and sentence the offender to imprisonment
and also by the High Court or any other court when the case comes before it on appeal or in revision.
(2) Notwithstanding anything contained in the Code, where an order under section 3 or section 4 is
made by any court trying the offender (other than a High Court), an appeal shall lie to the court to which
appeals ordinarily lie from the sentences of the former court.
(3) In any case where any person under twenty-one years of age is found guilty of having committed
an offence and the court by which he is found guilty declines to deal with him under section 3 or
section 4, and passes against him any sentence of imprisonment with or without fine from which no
appeal lies or is preferred, then, notwithstanding anything contained in the Code or any other law, the
court to which appeals ordinarily lie from the sentences of the former court may, either of its own motion
or on an application made to it by the convicted person or the probation officer, call for and examine the
record of the case and pass such order thereon as it thinks fit.
(4) When an order has been made under section 3 or section 4 in respect of an offender, the Appellate
Court or the High Court in the exercise of its power of revision may set aside such order and in lieu
thereof pass sentence on such offender according to law:
Provided that the Appellate Court or the High Court in revision shall not inflict a greater punishment
than might have been inflicted by the court by which the offender was found guilty.
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