According to Section 360 of the Code of Criminal Procedure 1973,
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 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 exerci20sed, 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 prey’ by sub-section (1), such Magistrate may thereupon pass such sentence or makes order as he might have passed or made if the case had originally been heard by , 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 evidence to be made or taken.
(3) In any case in which a person is convicted of theft, theft in a build’ dishonest misappropriation, cheating or any offence under the Indian Penal Code of 1860) punishable with not more than two years imprisonment or any offer punishable with fine only and no previous conviction is proved against him, the C before which he is so convicted may, if it thinks fit, having regard to the a character, antecedents or physical or mental condition of the offender and to 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 admonition.
(4) An order under this section may be made by any Appellate Court or by 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, High Court or Court of Session may, on appeal when there is a right of appeal to s Court, or when exercising its powers of revision, set aside such order, and in thereof pass sentence on such offender according to law.
Provided that the High Court or Court of Session shall not under this sub-see’ inflict a greater punishment than might have been inflicted by the Court by which offender was convicted.
(6) The provisions of Sections 121, 124 and 373 shall, so far as may be, apply 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 II shall be satisfied that an offender, or his surety (if any) has a fixed place of abode regular occupation in the place for which the Court acts or in which the offender 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 dell with the offender in respect of his original offence, is satisfied that the offender failed to observe any of the conditions of his recognizance, it may issue a warrant for his apprehension.
(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 hi 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 pass sentence.
(10) Nothing in this section shall affect the provisions of the Probation Offenders Act, 1958 (20 of 1958), or the Children Act, 1960 (60 of 1960), or., other law for the time being in force for the treatment, training or rehabilitation of youthful offenders.