(1) Before passing a sentence under section 8 the Court shall inquire into the age of the offender and, after taking such evidence (if any) as may be deemed necessary, shall record a finding thereon stating his age as nearly as may be.
(2) A similar inquiry shall be made and finding recorded by every magistrate not empowered to pass sentence under section 8 before submitting his proceedings and forwarding an adolescent offender 21[to 21[XXX] the District or Sub-divisional Magistrate] as required by subsection (1) of section 7.
12. Every adolescent offender directed by a Court to be sent to a Borstal school shall be sent to such Borstal school as the State Government may, by general or special order, appoint for the reception of adolescent offenders so dealt with by such Court:
Provided that, if accommodation in a Borstal school is not immediately available for such adolescent offender, he may be detained in a special ward or such other suitable
20. Inserted by Act No.3 of 2001.
21. Substituted by the Madras Repealing and Amending Act, 1951 (Madras Act XIV of 1951) and the words “the Chief Presidency or other salaried Presidency Magistrate or” were omitted by the Andhra Adaptation of Laws (Amendment) Order, 1954.
Preliminary inquiry and finding as to age of adolescent offender.
Government to determine the Borstal school to which adolescent offender shall be sent.
8 [Act No.V of 1926] part of a prison as the State Government may direct until he can be sent to a Borstal school. The period of detention so undergone shall be treated as detention in a Borstal school.
13. The Inspector-General may at any time order an inmate to be removed from one Borstal school to another, provided that the whole period of his detention in a Borstal school shall not be increased by such removal.
22[13-A. (1) The State Government may, by general or special order notified in the 23[Telangana Gazette] direct that any specified Borstal school in this State shall be available for the reception of adolescent offenders in respect of whom a sentence of detention in a Borstal school or other school of a like nature has been passed by any Court or Magistrate in 24[any other part of India]; and thereupon, provision may be made for the removal of the adolescent offenders concerned accordingly:
Provided that no such order shall be made without the consent of the Government of the other State concerned.
(2) The State Government may direct any inmate of a Borstal school in this State to be transferred to any Borstal school or other school of a like nature in 24[any other part of India]:
Provided that no such transfer shall be made without the consent of the Government of the other State concerned.
22. Inserted by the Andhra Pradesh Borstal Schools (Amendment) Act, 1951 (Act XI of 1951).
23. Substituted by G.O.Ms.No.45, Law (F) Department, dated
01.06.2016.
24. Substituted for the words “any other State in India” by the Andhra Pradesh Adaptation of Laws Order, 1957.
Removal from one school to another.
Reception of offenders from, and transfer of offenders to, other States in India.
[Act No.V of 1926] 9
(3) The State Government may consent to the transfer to a Borstal school in this State, of a person detained in any Borstal school or other school of a like nature in 25[any other part of India.]
(4) The provisions of this Act shall apply to any person who is removed or transferred to a Borstal school in this State in pursuance of sub-section (1) or sub-section (3), as if he had been originally sentenced to detention in a Borstal school in this State.]
14. Where a person detained In a Borstal school is reported to the State Government by the 26[Superintendent] of such school to be incorrigible or to be exercising a bad influence on the other inmates of the school 27[or in the case of a person directed to be sent to a Borstal school before the commencement of the 28Madras Borstal Schools (Amendment) Act, 1936, to be over twenty-three years of age], the State Government may commute the unexpired residue of the term of detention to such term of imprisonment of either description as the State Government may determine, but in no case exceeding,–
(a) such unexpired residue, or
(b) the maximum period of imprisonment fixed for the offence or the failure to give security as the case may be, or
25. Substituted for the words “any other State in India” by the Andhra Pradesh Adaptation of Laws Order, 1957.
26. Substituted for the words “Visiting Committee” by the Andhra Pradesh Borstal Schools (Amendment) Act, 1951 (Act XI of 1951).
27. Inserted by the Madras Borstal Schools (Amendment) Act, 1936 (Madras Act XIX of 1936).
28. Since repealed by the Madras Repealing and Amending Act, 1951 (Madras Act XIV of 1951).
Transfer of incorrigible etc., to prisons.
10 [Act No.V of 1926]
(c) the maximum period of imprisonment which the Court that tried him had authority to award under the Code of Criminal Procedure, 1898, whichever is shortest.
PART III.
RELEASE ON LICENCE.