Gujarat High Court Criminal Manual (subordinate court practice), 1977
The Probation of Offenders Act, 1958, (Central Act XX of 1958) apply to the young as well as to other offenders:— AGE OF THE OFFENDERS Under the provisions of the Probation of Offenders Act, 1958, the Court can deal with the offenders of any age, not less than 16 years of age, where Bombay Children Act 1948 is not applicable and not less than 18 years where Saurashtra Children Act-1956 is applicable. Under section 3 of the Act the Court may instead of sentencing any offender, found guilty of committing an offence punishable under sections 379, 380, 381, 404 and 420 I.P.C., or any other offence punishable with imprisonment for not more than two years or fine or with both, under the Indian Penal Code or any other law and against whom no previous conviction is proved, release the offender after due admonition. The court has to take into consideration the circumstances of the case, including the nature of the offence and the character of the offender. Under section 4 of the Probation of Offenders Act, 1958 a person found guilty of having committed an offence not punishable with death or imprisonment of life may be released on probation of good conduct, with or without sureties by the Court. The Court can also pass the order of probation irrespective of the age of the offender. No order of releasing on probation can be passed in the case in which the offender is found guilty of having committed an offence punishable with death or imprisonment for life.