law: Code of Criminal Procedure Act, 1973
  
  360.Order to release on probation of good conduct or after admonition.-
  (1) When any person not under twenty-one years
  
  of age is convicted of an offence punishable with fine only or with
  
  imprisonment for a term of seven years or less, or when any person under
  
  twenty-one years of age or any woman is convicted of an offence not punishable
  
  with death or imprisonment for life, and no previous conviction is proved
  
  against the offender, if it appears to the Court before which he is convicted,
  
  regard being had to the age, character or antecedents of the offender, and to
  
  the circumstances in which the offence was committed, that it is expedient that
  
  the offender should be released on probation of good conduct, the Court may,
  
  instead of sentencing him at once to any punishment, direct that he be released
  
  on his entering into a bond, with or without sureties, to appear and receive
  
  sentence when called upon during such period (not exceeding three years) as the
  
  Court may direct and in the meantime to keep the peace and be of good behavior:
  
  Provided that where any first offender is convicted by a Magistrate of
  
  the second class not specially empowered by the High Court, and the Magistrate
  
  is of opinion that the powers conferred by this section should be exercised, he
  
  shall record his opinion to that effect, and submit the proceedings to a
  
  Magistrate of the first class, forwarding the accused to, or taking bail for
  
  his appearance before, such Magistrate, who shall dispose of the case in the
  
  manner provided by sub-section (2).
  (2) Where proceedings are submitted to a Magistrate of the first class as
  
  provided by sub-section (1), such Magistrate may thereupon pass such sentence
  
  or make such order as he might have passed or made if the case had originally
  
  been heard by him, and, if he thinks further inquiry or additional evidence on
  
  any point to be necessary, he may make such inquiry or take such evidence
  
  himself or direct such inquiry or evidence to be made or taken.
  (3) In any case in which a person is convicted of theft, theft in a building,
  
  dishonest misappropriation, cheating or any offence under the Indian Penal Code
  
  punishable with not more than two years' imprisonment or any offence punishable
  
  with fine only and no previous conviction is proved against him, the Court
  
  before which he is so convicted may, if it thinks fit, having regard to the
  
  age, character, antecedents or physical or mental condition of the offender and
  
  to the trivial nature of the offence or any extenuating circumstances under
  
  which the offence was committed, instead of sentencing him to any punishment, release
  
  him after due admonition.
  (4) An order under this section may be made by any Appellate Court or by the
  
  High Court or Court of Session when exercising its powers of revision.
  (5) When an order has been made under this section in respect of any offender,
  
  the High Court or Court of Session may, on appeal when there is a right of
  
  appeal to such Court, or when exercising its powers of revision, set aside such
  
  order, and in lieu thereof pass sentence on such offender according to law:
  
  Provided that the High Court or Court of Session shall not under the
  
  sub-section inflict a greater punishment than might have been inflicted by the
  
  Court by which the offender was convicted.
  (6) The provisions of sections 121, 124 and 373 shall, so far as may be, apply
  
  in the case of sureties offered in pursuance of the provisions of this section.
  (7) The Court, before directing the release of an offender under sub-section
  
  (1), shall be satisfied that an offender or his surety (if any) has a fixed
  
  place of abode or regular occupation in the place for which the Court acts or
  
  in which the offender is likely to live during the period named for the
  
  observance of the conditions.
  
  
  (8) If the Court which convicted the offender, or a Court which could have
  
  dealt with the offender in respect of his original offence, is satisfied that
  
  the offender has failed to observe any of the conditions of his recognizance,
  
  it may issue a warrant for his apprehensions.
  (9) An offender, when apprehended on any such warrant, shall be brought forthwith
  
  before the Court issuing the warrant, and such Court may either remand him in
  
  custody until the case is heard or admit him to bail with a sufficient surety
  
  conditioned on his appearing for sentence and such Court may, after hearing the
  
  case, pass sentence.
  (10) Nothing in this section shall affect the provisions of the Probation of
  
  Offenders Act, 1958, (20 of 1958) or the Children Act, 1960, (60 of 1960) or
  
  any other law for the time being in force for the treatment, training or
  
  rehabilitation of youthful offenders.