(1) When any Magistrate not empowered to pass sentence under this Act is of opinion that an adolescent offender is a proper person to be detained in a Borstal school he may, without passing sentence, record such opinion and submit his proceedings 11[and forward the adolescent offender,-
(a) 12[XXX];
(b) 12[XXX] to the District Magistrate or Sub-divisional Magistrate to whom he is subordinate].
(2) 13[The Magistrate to whom the proceedings are so submitted] may make such further inquiry (if any) as he may think fit and may pass such sentence or order dealing with the case as he might have passed if such adolescent offender had originally been tried by him.
10. The expression “(e) a salaried Presidency Magistrate or any other Presidency Magistrate empowered by the State Government to sit singly” was omitted by the Andhra Adaptation of Laws (Amendment) Order, 1954 and for “f” “e” was substituted.
11. Substituted by the Madras Borstal Schools (Amendment) Act, 1938 (Madras Act XI of 1938).
12. Clause (a) and in clause (b) the words “in other cases” were omitted by the Andhra Adaptation of Laws (Amendment) Order, 1954.
13. Substituted by the Madras Borstal Schools (Amendment) Act, 1938 (Madras Act XI of 1938).
Procedure when Magistrate is not empowered to pass sentence under this Act.
Courts empowered under this Act.
Central Act 5 of 1898.
[Act No.V of 1926] 5
PART II.
COMMITTAL TO BORSTAL SCHOOLS.
8. Where it appears to a Court having jurisdiction under this Act that an adolescent offender should, by reason of his criminal habits or tendencies, or association with persons of bad character, be subject to detention for such term and under such instruction and discipline as appears most conducive to his reformation and the repression of crime, it shall be lawful for the Court, in lieu of passing a sentence of imprisonment, to pass a sentence of detention in a Borstal school for a term which shall not be less than two years and shall not exceed five years 14[but in no case extending beyond the date on which the adolescent offender will, in the opinion of the Court, attain the age of twenty-three years]:
Provided that, before passing such sentence, the Court shall consider any report or representation which may be made to it 15[(including any report or representation made by the probation officer of the area in which the offender permanently resided at the time when he committed the offence)] as to the suitability of the case for treatment in a Borstal school and shall be satisfied that the character, state of health and mental condition of the offender and the other circumstances of the case are such that the offender is likely to profit by such instruction and descipline as aforesaid.
14. Added by the Madras Borstal Schools (Amendment) Act, 1936 (Madras Act XIX of 1936) which Act is since repealed.
15. Inserted by the Andhra Pradesh Borstal Schools (Amendment) Act, 1951 (Act XI of 1951).
Power of Court to pass sentence of detention in Borstal school.
6 [Act No.V of 1926]
9. Any person detained in a Borstal school for failure to furnish security when ordered to do so 16[under section 106 or section 118] of the Code of Criminal Procedure 1898, shall be released on furnishing such security or on the passing of an order under section 124 of the Code.
10. The Inspector General may, subject to rules made by the State Government, if satisfied that any adolescent offender undergoing imprisonment in consequence of a sentence passed either before or after the passing of this Act might with advantage be detained in a Borstal school, direct that such person shall be transferred from prison to a Borstal school, there to serve the whole or any part of the unexpired residue of his sentence. The provisions of this Act shall thereupon apply to such person as if he had been originally sentenced to detention in a Borstal school.
17[10-A. 18[(1)] The State Government may, if satisfied that any offender who has been sentenced to transportation either before or after the passing of the 19Madras Borstal Schools (Amendment) Act, 1939, and who at the time of conviction was not less than 16 nor more than 21 years of age, might with advantage be detained in a Borstal school, direct that such offender shall be transferred to a Borstal school, there to serve the whole or any part of the unexpired residue of his sentence. The provisions of this Act shall apply to such offender as if he had been originally sentenced to detention in a Borstal school.
16. Substituted by the Andhra Pradesh Extension of Laws Act, 1958 (Act XXIII of 1958). Now see the provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).
17. Inserted by the Madras Borstal Schools (Amendment) Act, 1939 (Madras Act XIII of 1939) which Act is since repealed.
18. Renumbered by Act No.3 of 2001.
19. Since repealed by the Madras Repealing and Amending Act, 1951 (Madras Act XIV of 1951).
Limitation on powers conferred by section 8.
Power of Inspector General to transfer prisoners to Borstal school.
Power of State Government to transfer offenders sentenced to transportation to Borstal schools.
[Act No.V of 1926] 7 An order may be made under this section notwithstanding that the sentence of transportation has been subsequently commuted into a sentence of imprisonment.]
20[(2) Notwithstanding anything contained in section 8, the term of detention of an offender who is transferred to the Borstal School under sub-section (1) shall be for a minimum period of two years.]