The Probation of Offenders Act,1958
Section 3. Power of court to release certain offenders after admonition
When any person is found guilty of having committed an offence punishable under Section 379 or Section 380 or Section 381 or Section 40.4 or Section 420 of the Indian Penal Code (45 of 1860) or any offence punishable with imprisonment for not more than two years, or with fine, or with both, under the Indian Penal Code or any other law, and no previous conviction is proved against him and the court by, which the person is found guilty is of opinion that, having regard to the circumstances of the case including the nature of the offence and the character of the offender, it is expedient so to do, then, notwithstanding anything contained in any other law for the time being in force, the court may, instead of sentencing him to any punishment or releasing him on probation of good conduct under Section 4, release him after due admonition.
Explanation. -For the purposes of this section, previous conviction against a person shall include any previous order made against him under this section or Section 4.