BOMBAY BORSTAL SCHOOLS ACT, 1929 (Repealed) THE BOMBAY BORSTAL SCHOOLS ACT, 1929[1] [Act No. 18 of 1929][2] [25th November, 1929] An Act to provide for the establishment of Borstal Schools in the [3][State of Maharashtra] WHEREAS it is expedient to provide for the establishment of Borstal schools in the [4][State of Maharashtra]; [5]* * * * * It is hereby enacted as follows :- NOTES To secure the uniformity in the law relating to the Borstal Institutions throughout the State of Maharashtra, it was proposed to extend the Bombay Borstal Schools Act, 1929, to the rest of the State of Maharashtra, repealing the corresponding laws in force on the subject in the areas of Vidarbha and Hyderabad. Main features are.-- (i) enabling the Deputy I. G. of Prisons to exercise the powers of the I. G. of Prisons; (ii) appointment of a Principal, other officers and the Staff for Borstal School; (iii) for commuting the unexpired residue of the term of detention in the case of persons unsuitable for training in Borstal School and their transfer to a prison; (iv) for making a specific provisions in the law for release of offenders on parole and furlough; (v) abolition of Investigating Committee. This Act may be called the Bombay Borstal Schools Act, 1929. NOTES Borstal.-- This is custodian institution, named from Borstal in Kent. The first institution was established in 1908, intended to segregate young offenders from criminals (adults). Also, intended to provide a regime of discipline and training. Such schools are generally organized in houses, like public schools; some are 'open' whereas camps are used for certain schools. Always emphasis, in such schools, is on work, either mental or manual, mainly productive, and vocational training youths and girls within requisite age limits may be sent for Borstal training, the maximum period is fixed by the law governing such system and in practice they are released earlier when deemed to have made sufficient progress to justify their release. [6][(1) It extends to the whole of the State of Maharashtra.] (2) It shall come into operation [7][in the pre-Reorganization State of Bombay] on such date as the [8][[9][State] Government,] may, by notification in the [10][Official Gazette], appoint [11][in this behalf; and in the Vidarbha and Hyderabad areas of the State of Maharashtra, it shall come into operation on the commencement of the Bombay Borstal Schools (Extension and Amendment) Act, 1960.] In this Act, unless there is anything repugnant in the subject or context, - (a) "Borstal school" means a place in which young offenders, whilst detained in pursuance of this Act, are given such industrial training and other instruction and are subjected to such disciplinary and moral influences as will conduce to their reformation and the prevention of crime; NOTES The term "Young offender" means a child who has been found to have committed an offence. A child means a boy or a girl who has not attained the age of 16 years. A juvenile prisoner means a young offender who is below 23 years of age. (b) "Inspector-General" means the Inspector-General of Prisons and includes [12][a Deputy Inspector-General of Prisons to whom the Inspector General may delegate all or any of his duties under this Act, with the prior approval of the State Government, and also] any officer appointed by the [13][[14][State] Government] to perform all or any of the duties imposed by this Act on the Inspector-General; (c) "Prescribed" means prescribed by rules made under this Act. (1) For the purposes of this Act the [15][[16][State] Government] may establish one or more Borstal schools. [17][(1A) For every Borstal school, there shall be a Principal and such other officers and servants as the State Government thinks necessary.] (2) For every Borstal school, a Visiting Committee shall be appointed in such manner as may be prescribed. ORDER [18]No. JLD. 1087/13 (33)/PRS-2(i), dated 26th February, 1990.- In exercise of the powers conferred by sub-section (1) of section 4 of the Bombay Borstal Schools Act, 1929 (Bom. XVIII of 1929), and of all other powers enabling it in this behalf and in supersession of Government Order, Home Department, No. BSA. 1263/3975(ii)-IV, dated the 30th January. 1963 and Government Resolution, Home Department, No. RJM. 1071/(1)/ 47373-XVI. dated 22nd August, 1972, the Government of Maharashtra hereby declares the building situated in City Survey No. 6690. at Nashik, in Nashik District known as the Nashik District Prison, Class II, admeasuring 1.29.79 hectares to be a Borstal School for the purposes of the said Act, which shall be known as the Borstal School, Nashik. Subject to any alterations, adaptations, and exceptions made by this Act and the rules framed under it, the [19]Prisons Act, 1894, and the Prisoners Act, 1900 and the rules framed there under shall apply in the case of every Borstal school established under this Act as if it were a prison [20][the inmates prisoners and the, Principal Superintendent]. When an offender is found guilty of an offence for which he is liable to be sentenced to transportation or imprisonment, or is liable to imprisonment for failure to furnish security under Chapter VIII of the Code of Criminal Procedure, 1898, whether any previous conviction is proved against him or not, and it appears to the Court – (a) that the offender is not less than sixteen or, in any district or place in which [21][the Bombay Children Act, 1948, the Central Provinces and Berar Children Act, 1928 or the Hyderabad Children Act, 1951], is not in operation less than fifteen, nor more than twenty-one years of age, and (b) that by reason of his criminal habits or tendencies or association with persons of bad character it is expedient that he should be subject to detention for such term and under such instruction and discipline as appears most conducive to his reformation, it shall be lawful for the Court, if empowered in this behalf, to pass, in lieu of a sentence of transportation or imprisonment or of an order of imprisonment under section 123 of the Code of Criminal Procedure, 1898, an order for the detention of the offender in a Borstal school [22][established under this Act or subject to the provisions of section 13-A, in a Borstal school in any other [23][State] in [24][* * *] India] for such term, not being less than [25][three] years nor more than five years, as the Court subject to rules made under this Act, thinks fit : Provided that, before passing such an order the Court shall give an opportunity to the parents or guardians of the said offender to be heard and shall consider any report or representation which may be made to it as to the suitability of the case for treatment in [26][such 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 discipline as aforesaid. NOTES Duty of the Court.-- The Magistrates should follow the wordings of section 6 of the Act and should find the youthful offender guilty of an offence but should not convict him of an offence and should pass in lieu of a sentence of imprisonment an order for detention within the provisions of section 6. AIR 1936 (23) Sind 71 : 37 Cri. L. J. 855. When offence is not first and the offender is above 16 but below 21 years of age and where he is sentenced to undergo imprisonment in jail, it will not be competent for the Magistrate to pass an order of detention in Borstal school even if he thinks fit to do so, unless the sentence passed against him, is set aside. AIR 1933 (20) Sind 391 : 1933 Cri. Cas. 1431 : 35 Cr. L. J. 253. What is the proper order : Under this section, the order is to convict the accused, and then in lieu of sentence of imprisonment, sentence him to be detained for a minimum and maximum period specified in the section. AIR 1933 (20) Bom. 461 : 35 Bom. L. R. 1018 : 1933 Cri. Cas. 1420 : 58 Bom. 37. Section 6 of the Act applies when an offender is found guilty of an offence for which he is liable to be sentenced to transportation or imprisonment etc. The provisions of this Act will have to be read with sections 53 and 53-A of the Indian Penal Code, 1860. The punishment of death is distinct and separate than the punishment of transportation. Now, in view of the provisions of section 53-A of the Indian Penal Code, any reference to the term "transportation for life in any other law for the time being in force." will have to be construed as having reference to "imprisonment for life". According to section 302 of the Indian Penal Code, "Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine". The term used in section 6 of the Bombay Borstal Schools Act, viz., 'an offence for which he is liable to be sentenced to transportation' clearly indicates that the emphasis is not on the factum of punishment but the emphasis is on the 'liability' to be sentenced. Section 6 of the Bombay Borstal Schools Act uses the expression 'liable' with reference to the maximum sentence provided for the offence. In the cases where the maximum sentence provided for the offence is either transportation or imprisonment, etc., then alone section 6 of the Bombay Borstal Schools Act, can apply to such a case. The word 'liable' is normally interpreted to mean, exposed to a certain contingency or causality. In other words, it means a future possibility, probability, happening which may or may not actually occur. It deals with the liability and not with the actual order as to sentence. Normally an offence is described for which a death penalty is provided for, is not covered by section 6 of the Bombay Borstal Schools Act, 1929.- Nago Atmaramji v. State of Maharashtra, 1977 Mah. L. J. 163. Power of [27][State] Government to exempt The [28][[29][State] Government] may, by rules made under this Act, direct that any class or classes of persons specified in such rules shall not be ordered to be detained in Borstal school. The powers conferred on Courts by this Act shall be exercised only by the High Court, a Court of Session, [30][* * *] a salaried Presidency Magistrate, or a Magistrate of the first class and may be exercised by such Courts whether the case comes before them originally, or on appeal or in revision. NOTES Magistrate must direct detention of accused in a Borstal school for at least three years.- State of Maharashtra v. Krishna, Cr. R. No. 140 of 1970, dt. 8.10.1970 (H.C.). (1) When any Magistrate not empowered to pass an order for detention under this Act is of the opinion that an offender who has been found guilty by him or who has failed to furnish the security which the Magistrate has ordered him to furnish under Chapter VIII of the Code of Criminal Procedure, 1898, is a proper person to be detained in a Borstal school, he may, without passing any order, record such opinion and submit his proceedings and forward the offender to the [31][Magistrate of the first class] or the Chief Presidency Magistrate, as the case may be, to whom he is subordinate. (2) The [32][Magistrate of the first class] or Chief Presidency Magistrate to whom the proceedings are so submitted may transfer the proceedings to any Magistrate subordinate to him competent to pass an order under this Act, or, as the case may be, to a salaried Presidency Magistrate. (3) The [33][Magistrate of the first class] or Chief Presidency Magistrate to whom the proceedings are so submitted or any Magistrate to whom the proceedings are so transferred may make such further enquiry (if any) as he may think fit and may pass such order for the detention of the offender in a Borstal school, or such other sentence or order, as he might have passed if such offender had originally been brought before or tried by him. Any offender detained in a Borstal school for failure to furnish security when ordered to do so 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 said Code. Transfer from prison to Borstal school [34][or vice-versa] [35][(1) If the Inspector-General is satisfied that a person undergoing transportation or imprisonment in consequence of a sentence [36][passed under any law or undergoing imprisonment under an order made under section 123 of the Code of Criminal Procedure, 1898, for failure to give security] being within the limits of age within which persons may be ordered to be detained in a Borstal school, by reason of his criminal habits or tendencies, or association with persons of bad character, might with advantage be detained in a Borstal school, the Inspector-General may by order in writing direct such person to be transferred from prison to a Borstal school [37][established under this Act or subject to the provisions of section 13 A, to a Borstal school in any other [38][State] in [39][* * *] India] and to be detained in such school, in lieu of the unexpired residue of his sentence, [40][or of the period of imprisonment which he is liable to undergo for failure to give security, as the case may be,] for such period as together with the period of transportation or imprisonment already undergone will not exceed the maximum period for which such person could have been ordered to be detained by a Court under section 6 : Provided that, the Inspector-General shall not, without the previous sanction of [41][the [42][State] Government], direct such person to be detained in a Borstal school for a period which including the period of imprisonment or transportation undergone exceeds the period of imprisonment or transportation to which such person has been sentenced [43][or the period of imprisonment which he is liable to undergo for failure to give security, as the case may be.] (2) A person transferred to a Borstal school under sub-section (1) shall upon transfer to such school be deemed to be an offender ordered to be detained by a Court under the provisions of section 6 and the provisions of the Act shall apply to such persons accordingly.] [44][(3) Where a person transferred to a Borstal school under this section is at any time found unsuitable for training in the school, the Inspector-General may, on the recommendation of the Visiting Committee, commute the unexpired residue of the term of detention to such term of imprisonment as he may determine but in no case exceeding [45][the term of imprisonment in consequence of which such person was transferred to the Borstal school reduced by the period of imprisonment already undergone and of the period of detention in the Borstal school] and issue a warrant for confinement of the offender in a prison and thereupon the provisions of sub-section (2) of section 12 shall apply to such offender as if he had been so ordered to be confined in the prison by warrant under the hand of a Secretary to the State Government.] [46][(4) Where any person after he has been detained in a Borstal school has been found guilty of an offence committed before his detention therein and sentenced to imprisonment mentioned in sub-section (1) by a court of law, then the Inspector-General may by order in writing commute the period of such imprisonment to that of detention in a Borstal school, and notwithstanding anything contained in this Act direct that such person be detained in the Borstal school beyond the normal period of detention therein for such period as together with the period of imprisonment already undergone will not exceed the maximum period for which such person could have been ordered to be detained by a Court under section 6 : Provided that, no such person shall be detained in the Borstal school after he has attained the age of twenty-five years.] NOTES According to the provisions of sub-section (1) of section 11 of the Bombay Borstal Schools Act, 1929, read with section 6 of that Act, the unexpired term of imprisonment of a convicted person can be commuted to detention in Borstal school for a period not exceeding five years. However, when such person is considered unsuitable for detention in a Borstal school, the Inspector-General of Prisons is empowered to commute the unexpired period of detention in a Borstal school to such term of imprisonment which shall not exceed the shorter of the two periods as indicated in such section 12 (1) of that Act. The result is that the persons concerned do not in all cases undergo the full-term of their original imprisonment after their retransfer to the prison under sub-section (3) of section 11. It was, therefore, considered necessary that a prisoner sentenced to a term of imprisonment and transferred to a Borstal school in lieu of the unexpired period of imprisonment, if subsequently found to be unsuitable for detention in a Borstal school, should be required to undergo the full-term of the original sentence of imprisonment passed on him by the Court minus the period already spent by him in the prison and the Borstal school. It was undesirable that a person who had been specifically kept out of prison and committed to a Borstal school for reform and rehabilitation for committing an offence should, on account of his subsequent conviction or another offence, be sent to a prison immediately after the Borstal transfer was over. In such cases it was considered necessary that the detention in a Borstal school of such person should be continued further instead of transferring such person to a prison. The Inspector-General of Prisons has therefore, been empowered to direct that such persons be further detained in Borstal school and not sent to prisons. Prior to this Amending Act, any offender detained in a Borstal school could be transferred to any other State to which he belongs, only after the consent of such State Government was obtained. This was a time-consuming process. As the object of such transfer was intended to do maximum good to the offender during the period of his detention, the very purpose in detention was defeated if much of the period of detention was lost in correspondence. The Government of India considered this matter and advised all State Governments to amend the Borstal Schools Act, and deputed the power to effect such inter-State transfers to the Heads of Department namely, the Inspector-General of Prisons, the Director of Social Welfare, etc.- Statement of Objects and Reasons. (1) Where an offender detained [47][by a Court] in a Borstal school escapes, or is reported to the [48][[49][State] Government] by the Inspector-General to be incorrigible or to exercise [50][or to be likely to exercise] a bad influence on the other inmates of the school, [51][or to be more than twenty years of age]. [52][[53][* * *] or is, in the opinion of the [54][State] Government, otherwise unsuitable for training in a Borstal school], the [55][[56][State] Government] may commute the unexpired residue of the term of detention to such term of imprisonment of either description as the [57][[58][State] Government] may determine, but in no case exceeding the shorter of the following two periods :- (a) the unexpired residue of the term of detention, or (b) the maximum period of imprisonment provided by law for the offence of which the offender was found guilty or the failure to give security, as the case may be, in consequence of which the offender was ordered to be detained in a Borstal school [59][* * *] (2) Such offender may be confined in any prison within the [60][State of Maharashtra] by warrant under the hand of a Secretary to the [61][3[State] Government] and effect shall be given to such warrant and the sentence of imprisonment passed upon such offender shall be executed in the same manner as if such person had been sentenced by a competent court of criminal jurisdiction. NOTES Order passed by State Government without considering relevant facts.-- It is clear that before any order under section 12 can be passed by the State Government, the State Government must be satisfied regarding the existence of the facts mentioned therein. Secondly, the State Government must determine the term of imprisonment within the maximum limit laid by the section, depending on the facts and circumstances of the case. Clear discretion is vested with the State Government which can be exercised only upon application of mind to all the relevant facts and especially taking into consideration the avowed object of the Act namely, the reformation of the offender.- Guntabai Balu Barade v. State of Maharashtra, 1988 (2) Bom. C. R. 663. [62][State] Government to determine the Borstal school in which a person shall be detained and may order removal (1) Every offender ordered to be detained in a Borstal school shall be detained in such Borstal school as the[63][[64][State] Government] may, by general or special order, or in the prescribed manner, appoint for the reception of persons so ordered to be detained : Provided that, if accommodation in a Borstal school is not immediately available for such offender, he may be detained in a special ward, or such other suitable part of a prison as the [65][[66][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. (2) The [67][Inspector General] may order the removal of any offender from any one Borstal school to any other Borstal school, [68][established under this Act to a Borstal school in any other [69][State] in [70][* * *] India] [71][* * *] provided that the whole period of his detention in a Borstal school shall not be increased by such removal. [72][Power to order detention in, or removal of offenders to, a Borstal school in another [73][State] Power to accept transfers of offenders from another [74][State] to a Borstal school in the Presidency (1) No order for the detention in or transfer or removal to a Borstal school in any other [75][State] in [76][* * *] India [77][* * *] shall be passed except with the previous concurrence of the officer-in-charge of such Borstal school and unless the [78][[79][State] Government] of the said [80][State] [81][* * *] under any law in force therein or by general or special order, has consented, or is empowered, to receive such offender for detention in such Borstal school. (2) The officer-in-charge of a Borstal school established under this Act may, subject to the rules made in this behalf, give effect to any order for the detention therein of any person passed by any authority under any enactment in force in any other [82][State] [83][* * *] India [84][* * *]. A person detained in such Borstal school under this provision shall be deemed to be an offender ordered to be detained under the provisions of section 6 and the provisions of this Act shall apply to such person accordingly]. [85][Removal of person detained to civil hospital in [86][State] for medical treatment (1) If an offender detained in a Borstal school is suffering from any illness and the Inspector-General is satisfied that it is not possible to render to him proper medical care or treatment in the school, the Inspector-General may provide for the removal of such offender to any civil hospital in the [87][State] for the purpose of undergoing medical treatment and for his return to the school after such treatment is undergone. (2) The period during which an offender is absent from a Borstal school under sub-section (1) shall, for the purposes of computing his term of detention in the school, be deemed to be part of that detention.] (1) Subject to the prescribed conditions, the Inspector-General may, on the recommendation of the Visiting Committee, at any time after the expiration of six months from the commencement of the detention of an offender in a Borstal school, if he is satisfied that there is a reasonable probability that the offender will abstain from crime and lead a useful and industrious life, discharge him from the Borstal school and grant him a written license in the prescribed form and on the prescribed conditions permitting him to live under the supervision and authority of such- (a) [88][Government officer], (b) secular institution, (c) religious society, or (d) responsible person, as may be approved by the Inspector-General and willing to take charge of the offender. [89][(1-A) The Inspector-General may, subject to the prescribed conditions, discharge any offender who had been previously granted a license but whose license was sub-sequently revoked under section 15 and grant him a fresh written license and in such case the provisions of this Act shall apply as if such fresh license had been granted under sub-section (1).] (2) A license under this section shall be in force until the expiry of the term for which the offender was ordered to be detained in a Borstal school, unless sooner revoked. (3) The period during which an offender is absent from a Borstal school during the continuance of a license granted to him under this section shall, for the purposes of computing his term of detention in such school, be deemed to be part of that detention. [90][(1) Subject to any general or special directions of the State Government, a license granted under section 14 may at any time be suspended by the Principal of the Borstal school or the Inspector-General for a period not exceeding there months or be revoked by the Inspector-General in consultation with the Visiting Committee. For the purposes of such revocation, the Inspector-General of the Visiting Committee may make such enquiry as he or it deems necessary, either through a Probation Officer or otherwise. (2) If an offender removes himself from the supervision of the institution, society or person under which he was by license permitted to live, his license shall be deemed to have been revoked from the date on which he has so removed himself. (3) When any license is suspended or revoked or deemed to be revoked, the offender shall forthwith return to the Borstal school and if he fails to do so he may be arrested by any Police Officer without a warrant and sent back to the school. (4) On the suspension or revocation of a license, the period beginning from the date on which the license is suspended or revoked or deemed to be revoked till the date on which the offender returns to the school or is arrested, whichever is earlier, shall, subject to the provisions of section 17, be excluded in computing the period for which he has been ordered to be detained in a Borstal school.] (1) When the Inspector-General and the Visiting Committee report that the conduct [91][or progress] of any offender detained in a Borstal school has been such that it is expedient that he shall remain under supervision for a further period after the end of the term of detention, the [92][[93][State] Government] may direct that he shall, on the expiration of the term of his detention, remain for a further period not exceeding one year under the supervision of such authority, society or person as the Inspector-General, subject to rules made under this Act, may direct. [94][(2) The [95][State] Government may, [96][on a further report by the Inspector General and the Visiting Committee or otherwise and after making such enquiry as it considers necessary], direct that the offender who is under supervision in accordance with sub-section (1) shall – (a) again be detained in a Borstal school for such period as it may think fit, or (b) [97][x x x] undergo imprisonment of such description and for such period as it may direct : Provided that, the total period of supervision, detention and imprisonment, under this section shall not exceed one year. (3) The provisions of sub-section (2) of section 12 shall apply when an offender is directed to undergo imprisonment under sub-section (2) of this section.] No person shall be detained in a Borstal school after he has, in the opinion of the [98][[99][State] Government], attained the age of twenty-three years, or, if in any particular case the [100][[101][State] Government] so directs, after he has attained the age of twenty-five years. [102][The [103][[104][State] Government] may at any time order any person detained in a Borstal school to be discharged from such school, either absolutely or on such conditions as may be imposed.] Deleted by Mah. 21 of 1960, section 14. Any offender who, in contravention of the provisions of this Act, has escaped from a Borstal school [105][or has escaped from a civil hospital which he was removed for treatment under section 13-B] or has escaped from the supervision of any authority, institution, society or person under whose supervision he has been directed to remain, or has been permitted to live by license under section 14, [106][or has committed a breach of any of the conditions imposed under section 17-A] may be arrested by any officer of Police without warrant and without the order of a Magistrate and sent back to the Borstal school [107][or to the civil hospital] or to such authority, institution, society or person, as the case may be. (1) The [108][[109][State] Government] may make rules for the regulation and management of any Borstal school and for the carrying into effect of the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for or determine – (a) the control and management of Borstal schools established under this Act; (b) the appointment, powers and duties of officials in such schools; (c) the constitution, powers and duties of visiting committees [110][and allowances to be paid to the non-official members thereof]; (d) the classification, control, discipline, training, instruction and treatment of offenders ordered to be detained in a Borstal school and for the temporary detention of such offenders until arrangements can be made for sending them to such school; (e) the regulation of visits to, and communication with, offenders detained in such school; (f) the restriction or prohibition of the supply to, or possession by, offenders detained in such school of any specified articles or kinds of articles; (g) the period for which offenders or any class or classes of offenders may, within the limits fixed by this Act, be ordered to be detained in such school; (h) the class or classes (if any) of offenders who shall not be ordered to be detained in such school; [111][(hh) the removal of offenders to Borstal schools in other [112][States] in [113][* * *] India and the reception and detention in a Borstal school established under this Act of offenders transferred from other [114][States];] (i) the form and conditions of licenses granted under section 14; (j) the supervision of offenders after the expiration of the term of their detention; (k) the transfer of incorrigible offenders from a Borstal school to prison; [115][(l) the conditions on which an offender may be discharged under section 17 A;] [116][(m) for the award of marks, the suspension or remission and consequent shortening of the term of detention in a Borstal school and the grant of release on parole or furlough and determining the conditions on which and the authority by which the term of detention may be suspended or remitted and the offenders may be released on parole or furlough.] (3) The making of rules under this section shall be subject to the condition of previous publication. [117][A 11 rules made under this section shall be laid before each House of the State Legislature as soon as may be after they are made and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following.] NOTES Travelling and Daily Allowances.-- Rule 7-A of the Maharashtra Borstal Schools Rules, 1965, provides payment of travelling and daily allowances to the non-official members of the visiting committees. However, while examining this rule, the Committee Subordinate Legislation observed that there was no enabling provision in the Act, for such a rule and that rule was, therefore, defective. Special power is, therefore, taken to the State Government to make rules providing for such allowances by an amendment of clause (c) of sub-section (2) of section 19 of the Act. The [118][[119][State] Government] may, on the recommendation of the Inspector-General and the Visiting Committee, or otherwise remove any dis-qualification incurred by an offender ordered to be detained in a Borstal school on account of such detention. For the purposes of appeal and revision under the Code of Criminal Procedure, 1898, an order of detention under section 6 of this Act shall be deemed to be a sentence of imprisonment for the same period : [120][* * *] [121][On the commencement of the Bombay Borstal Schools (Extension and Amendment) Act, 1960, the Central Provinces and Berar Borstal Act, 1928, in its application to the Vidarbha region of the State of Maharashtra, and the Hyderabad Borstal Schools Act, 1956, in its application to the Hyderabad area of the State of Maharashtra, shall stand repealed : Provided that, the repeal shall not affect – (a) the previous operation of any of the laws so repealed, or (b) any right, privilege, obligation or liability acquired, accrued or incurred under any of the laws so repealed, or (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any of the laws so repealed, or (d) any investigation, legal proceeding as or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment, as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the Bombay Borstal Schools (Extension and Amendment) Act, 1960 had not commenced in the area in which the repealed law was in force : Provided further that, subject to the preceding proviso, anything done or any action taken (including any appointment made, detention order passed, notification, order or direction issued, rule or form framed, license or certificate granted) under any such law shall, in so far as it is not inconsistent with this Act, be deemed to have been done or taken under the corresponding provisions of this Act, and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under this Act.] [1] This Act was extended to, and shall, by virtue of such extension, be in force in that part of the State of Maharashtra to which immediately before the commencement of Mah. 21 of 1960, it did not extend (vide Mah. 21 of 1960, section 2). [2] For Statement of Objects and Reasons, see Bombay Government Gazette, 1929, Part V, p. 129; for Report of the Select Committee, see ibid., 1929, Part V, p. 143, and for Proceedings in Council, see Bombay Legislative Council Debates, 1929, Vols. XXVI and XXVII. [3] These words were substituted for the words "Presidency of Bombay" by Mah. 21 of 1960, sections 3 and 4. [4] These words were substituted for the words "Presidency of Bombay" by Mah. 21 of 1960, sections 3 and 4. [5] The portion beginning with the words "and whereas" and ending with the words "passing of the Act" was deleted, ibid., section 4 (2). [6] Sub-section (1) was substituted for the original by Mah. 21 of 1960, section 5 (1). [7] These words were inserted, ibid., section 5 (g). [8] The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council. [9] This word was substituted for the word "Provincial" by the Adaptation of Laws Order. 1950. [10] The words "Official Gazette" were substituted for the words "Bombay Government Gazette", by the Adaptation of Indian Laws Order in Council. [11] This portion was substituted for the words "in this behalf" by Mah. 21 of 1960, section 5 (2). [12] This portion was inserted, ibid., section 6. [13] The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council. [14] This word was substituted for the word "Provincial" by the Adaptation of Laws Order. 1950. [15] The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council. [16] This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. [17] Sub-section (1A) was inserted by Mah. 21 of 1960. section 7. [18] Published in M.G.G., Pt. IV-B, dated 5.4.1990, p. 443. [19] See Central Acts. [20] These words were substituted for the words "and the inmates prisoners" by Mah. 21 of 1960. section 8. [21] This portion was substituted for the words and figures "the Bombay Children Act, 1924" by Mah. 21 of 1960. section 9. [22] These words, figures and letter were inserted by Bom. 2 of 1936, section 2 (1). [23] This word was substituted for the word "Province" by the Adaptation of Laws Order, 1950. [24] The word "British" was omitted by the Adaptation of Laws Order, 1950. [25] The word "three" was substituted for the word "two" by Bom. 17 of 1935, section 2. [26] The words "such Borstal school" were substituted for the words "a Borstal school" by Bom. 2 of 1936, section 2 (2). [27] This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. [28] The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council. [29] This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. [30] The words "a District Magistrate, a sub-divisional Magistrate" were deleted by Bom. 23 of 1951, section 2, Schedule-Part III. [31] These words were substituted for the words "District Magistrate", ibid. [32] These words were substituted for the words "District Magistrate", ibid. [33] These words were substituted for the words "District Magistrate", ibid. [34] These words were added by Mah. 21 of 1960, section 10(2). [35] This section was substituted for the original section 11 by Bom. 3 of 1934, section 2. [36] These words were substituted for the original by Bom. 39 of 1948, section 2. [37] These words, figures and letter were inserted by Bom. 2 of 1936. section 3. [38] This word was substituted for the word "Province" by the Adaptation of Laws Order. 1950. [39] The word "British" was omitted by the Adaptation of Laws Order, 1950. [40] These words were inserted by Bom. 39 of 1948, section 2. [41] The words "the Provincial Government" were substituted for the word "Government" by the Adaptation of Indian Laws Order in Council. [42] This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. [43] These words were inserted by Bom. 39 of 1948, section 2. [44] Sub-section (3) was added by Mah. 21 of 1960, section 10 (1). [45] These words were substituted for the words, brackets, and figures "the shorter of the two periods referred to in sub-section (1) of section 12" by Mah. 57 of 1975, section 2 (1). [46] Sub-section (4) was added, ibid., section 2 (2). [47] These words were inserted by Mah. 21 of 1960, section 11 (1). [48] The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council. The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council. [49] This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. [50] These words were inserted by Bom. 39 of 1948, section 3. [51] The words "or to be more than twenty years of age" were inserted by Bom. 10 of 1932, section 2. [52] This portion was inserted by Bom. 39 of 1948, section 3 [53] The words "or where a license granted under section 14 is revoked by the State Government under clause (ii) of the proviso to sub-section (1) of section 15" were deleted by Mah. 21 of 1960. section 11 (2). [54] This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. [55] The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council. [56] This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. [57] The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council. [58] This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. [59] The words "or ordered to be transferred to and detained in such school by the Inspector-General" were deleted, ibid., section 11 (3). [60] These words were substituted for the words "State of Bombay" by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. [61] The words "the Provincial Government" were substituted for the word "Government" by the Adaptation of Indian Laws Order in Council. [62] This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. [63] The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council. [64] This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. [65] The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council. [66] This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. [67] These words were substituted for the words "State Government" by Mah. 57 of 1975, section 3. [68] These words were inserted by Bom. 2 of 1936, section 4. [69] This word was substituted for the word "Province" by the Adaptation of Laws Order, 1950. [70] The word "British" was omitted, ibid. [71] The words "or in an Acceding State" were omitted, ibid. [72] Section 13-A was inserted by Bom. 2 of 1936, section 5. [73] This word was substituted for the word "Province" by the Adaptation of Laws Order, 1950. [74] This word was substituted for the word "Province" by the Adaptation of Laws Order, 1950. [75] This word was substituted for the word "Province" by the Adaptation of Laws Order, 1950. [76] The word "British" was omitted, ibid. [77] The words "or in an Acceding State" were omitted, ibid. [78] The words "Provincial Government" were substituted for the words "Local Government" by the Adaptation of Indian Laws Order in Council. [79] This word was substituted for the word "Province" by the Adaptation of Laws Order, 1950. [80] This word was substituted for the word "Province" by the Adaptation of Laws Order, 1950. [81] The words "or the Government of the said Acceding State" were omitted by the Adaptation of Laws Order, 1950. [82] This word was substituted for the word "Province" by the Adaptation of Laws Order, 1950. [83] The word "British" was omitted, ibid. [84] The words "or in an Acceding State" were omitted, ibid. [85] This section was inserted by Bom. 39 of 1948, section 6. [86] This word was substituted for the word "Province" by the Adaptation of Laws Order, 1950. [87] This word was substituted for the word "Province" by the Adaptation of Laws Order, 1950. [88] These words were substituted for the words "servant of the Crown" by the Adaptation of Laws Order, 1950. [89] This sub-section was inserted by Bom. 39 of 1948, section 7. [90] Section 15 was substituted for the original by Mah. 21 of 1960, section 12. [91] These words were inserted by Bom. 39 of 1948. section 9. [92] The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council. [93] This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. [94] This sub-section was substituted by Bom. 39 of 1948, section 9. [95] This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. [96] These words were substituted for the words "after considering the report of the Investigating Committee forwarded to it under section 17-B" by Mah. 21 of 1960. section 13 (1). [97] The words "if the Investigating Committee report that the conduct of the offender has been such that he is unfit for detention in a Borstal school" were deleted ibid., section 13 (2). [98] The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council. [99] This word was substituted for the word "Provincial" by the Adaptation of Laws Order. 1950. [100] The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council. [101] This word was substituted for the word "Provincial" by the Adaptation of Laws Order. 1950. [102] Section 17-A was inserted by Bom. 3 of 1934, section 4. [103] The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council. [104] This word was substituted for the word "Provincial" by the Adaptation of Laws Order. 1950. [105] These words were inserted by Bom. 39 of 1948, section 11. [106] These words, figures and letter were inserted by Bom. 3 of 1934, section 5. [107] These words, figures and letter were inserted by Bom. 3 of 1934, section 5. [108] The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council. [109] This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. [110] These words were added by Mah. 57 of 1975, section 4. [111] Clause (hh) was inserted by Bom. 2 of 1936, section 6. [112] This word was substituted for the word "Provinces" by the Adaptation of Laws Order. 1950. [113] The word "British" was omitted, ibid. [114] This word was substituted for the word "Provinces" by the Adaptation of Laws Order. 1950. [115] Clause (1) was added by Bom. 3 of 1934, section 6. [116] Clause (m) was substituted for the original by Mah. 21 of 1960. section 15 (1). [117] This portion was substituted for the portion beginning with the words "Such rules" and ending with the words "may rescind the rule" ibid., section 15 (2). [118] The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council. [119] This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. [120] The proviso was deleted by Bom. 39 of 1948, section 13. [121] Section 22 was added by Mah. 21 of 1960. section 16.
Preamble - THE BOMBAY BORSTAL SCHOOLS ACT, 1929PREAMBLE
Print Judgement
