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Section 12
Order to prepare pre-sentence report
(1) If the court deems it necessary before determining the sentence for an offense punishable by imprisonment for more than three years or a fine of more than thirty thousand rupees, it may order the probation officer or the parole officer to prepare a pre-sentence report on the offender.
(2) After receiving the order in accordance with sub-section (1), the probation officer or the parole officer shall prepare a report regarding the offender mentioning the following:-
(a) the personal, social and cultural background of the offender,
(b) the circumstances of the offence,
(c) the conduct of the offender before the commission of the offence,
(d) the age of the offender,
(e) Other matters deemed necessary by the probation officer or parole officer.
(3) After preparing the report as per sub-section (2), the probation officer or parole officer shall submit such report to the court.
(4) After receiving the report according to sub-section (3), the court shall provide such report to the relevant public prosecutor, the offender and his legal practitioner, and if the offender is a child, to his guardian.
(5) After receiving the report according to sub-section (4), such public prosecutor, criminal, guardian or legal practitioner may present his opinion in that regard before the court.
(6) Notwithstanding anything written elsewhere in this section, in the event that a probation officer or parole officer is appointed or not appointed, the court shall order the plaintiff's and defendant's legal practitioners to prepare a report as per sub-section (1).
(7) After receiving the order as per sub-section (6), such legal practitioner shall prepare such report and submit it to the court.