KERALA BORSTAL SCHOOLS ACT, 1961 THE KERALA BORSTAL SCHOOLS ACT, 1961 [Act No. 31 of 1961] An act to make provision for the
establishment and regulation of borstal schools for the detention and training
of adolescent offenders. Whereas
it is expedient to make provision for the establishment and regulation of
borstal schools in the State of Kerala for the detention and training of
adolescent offenders therein: Be it
enacted in the Twelfth Year of the Republic of India as follows:- (1)
This Act may be called the Kerala Borstal
Schools Act, 1961. (2)
The Government may, by notification in the
Gazette, from time to time, apply the whole or any, of the provisions of this
Act to adolescent offenders or any class thereof in any local are in the State,
from such date as may be specified in the notification, and may cancel or
modify such notification. In
this Act, unless the context otherwise requires,- (1)
"adolescent offender" means any
person who has been convicted of any offence punishable with imprisonment or
who having been ordered to give security under section 118 of the Code of
Criminal Procedure, 1898, (Central Act 5 of 1898), has failed to do so and who
at the time of such conviction or failure to give security is not less than 16
nor more than 21 years of age; (2)
"borstal school" means a corrective
institution wherein adolescent offenders, while detained in pursuance of this
Act, are given such industrial or agricultural training and other instruction
and are subjected to such disciplinary and moral influences as will conduce to
their reformation and the prevention of crime; (3)
"Inspector-General" means the
Inspector-General of Prisons and includes any officer appointed by the
Government to exercise or perform all or any of the powers or duties of the
Inspector-General under this Act; (4)
"Probation Officer" means an
officer appointed to be a Probation Officer or recognised as such under section
13 of the Probation of Offenders Act, 1958 (Central Act 20 of 1958); (5)
"State means the State of Kerala. (1)
For the purposes of this Act, the Government
may establish one or more borstal schools. (2)
For every borstal school a visiting committee
shall be appointed by the Government. Subject
to any alterations, adaptations and exceptions made by this Act, and the rules
made under it, the Prisons Act, 1894 (Central Act 9 of 1894) and the Prisoners
Act, 1900 (Central Act 3 of 1900) and the rules made there under, or, as the
case may be, the Travancore-Cochin Prisons Act, 1950 (Act XVIII of 1950) and
the Travancore-Cochin Prisoners Act, 1950 (Act XVII of 1950) and the rules made
there under, shall apply in the case of every borstal school established under
this Act as if it were a prison and the inmates prisoners. (1)
Where it appears to a court 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 prevention of crime, it shall be lawful for the court, in
lieu of passing a sentence of imprisonment, to pass an order of detention in a
borstal school for a term which shall not be less than two years and shall not
exceed seven years, 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 the court shall not ordinarily order the detention of a first offender in
a borstal school unless the Court is satisfied that, having regard to the
character and previous conduct of the offender and to the circumstances of the
case, such order is expedient to his reformation and the prevention of crime. (2)
Before passing an order under sub-section
(1), the court shall take into consideration the report of the Probation
Officer of the area in which the adolescent offender permanently resided at the
time when he committed the offence and any other report or representation which
may be made to it 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 discipline as
aforesaid. The court shall send along with the order of detention in a borstal
school a copy of the report of the Probation Officer. Before
passing an order under section 5, the court shall inquire into the age of the
offender and, after considering the report of the Probation Officer and taking
such evidence, if any, as may be deemed necessary, shall record a finding
thereon stating his age as nearly as may be. Any
person detained in a borstal school for failure to furnish security when
ordered to do so under section 118 of the Code of Criminal Procedure, 1898
(Central Act 5 of 1898), shall be released on furnishing such security or on
the passing of an order under sub-section (1) of section 124 of the said Code (1)
The Inspector-General may, subject to the
rules made by the Government in that behalf, if satisfied that any adolescent
offender undergoing imprisonment in consequence of a sentence passed after the
commencement 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 portion of his sentence: Provided
that no adolescent offender undergoing imprisonment for life, shall be
transferred to a borstal school without the previous sanction of the
Government. (2)
When an adolescent offender is transferred to
a borstal school under sub-section (1), the provisions of this Act shall apply
to such offender as if he had been originally ordered to be detained in a
borstal school. Every
adolescent offender ordered by a court to be sent to a borstal school shall be
sent to such borstal school as the Government may, by general or special order,
appoint for the reception of adolescent offenders so deal 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 part of a prison as the 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. 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. (1)
The Government may, by general or special
order notified in the Gazette, direct that any specified borstal school in the
State shall be available for the reception of adolescent offenders in respect
of whom an order of detention in a borstal school or other school of a like
nature has been passed by any court or Magistrate in any other State in India;
and, thereupon, provision may be made for the removal of the adolescent
offenders concerned accordingly: Provided
that the Government shall not pass such an order without the consent of the
Government of the other State concerned. (2)
The Government may direct any inmate of a
borstal school in the State to be transferred to any borstal school or other
school of a like nature in any other State in India: Provided
that no such transfer shall be made without the consent of the Government of
the other State concerned. (3)
The government may consent to the transfer to
a borstal school in the State, of a person detained in any borstal school or
other school of a like nature in any other State in India. (4)
The provisions of this Act shall apply to any
person who is removed or transferred to a borstal school in the State in
pursuance of sub-section (1) or sub-section (3), as if he had been originally
ordered to be detained in a borstal school in the State. Where
a person detained in a borstal school is reported to the Government by the
Superintendent of such school to be incorrigible or to be exercising a bad
influence on the other inmates of the school, the Government may commute the
unexpired portion of the term of detention to such term of imprisonment of
either description as the Government may determine, but in no case exceeding.- (a)
such unexpired portion, or (b)
the maximum period of imprisonment fixed for
the offence or the failure to give security, as the case may be or, (c)
the maximum period of imprisonment which the
court that tried him had authority to award under the Code of Criminal
Procedure, 1898 (Central Act 5 of 1898), whichever is shortest. (1)
Subject to any general or special directions
of the Government, the Inspector-General, on the recommendation of the visiting
committee and after considering the report of the Probation Officer may, at any
time after the expiration of six months from the commencement of the term of
detention, if satisfied that there is a reasonable probability that the inmate
will abstain from crime and lead a useful and industrious life, by licence
permit him to be discharged from the borstal school on condition that he be placed
under the supervision or authority of any Government officer, or secular
institution, or person, or religious society professing the same religion as
the inmate, named in the licence, who may be willing to take charge of him. (2)
A licence under this section shall be in
force until the term for which the offender was ordered to be detained has
expired, unless sooner revoked or forfeited. Every
licence granted under section 13 shall be in such form and shall contain such
conditions as the Government may by rules direct. Subject
to any general or special directions of the Government, a licence granted under
section 13 may be revoked at any time by the Inspector-General and where a
licence has been revoked, the person to whom the licence related shall return
to the borstal school: Provided
that before taking action under this section the Inspector-General shall
consider the report of the Probation Officer. If any
inmate escapes from a borstal school or if any inmate absent on licence from a
borstal school removes himself from the supervision of the society or person in
whose charge he is placed or fails, after the revocation of the licence, to
return from such supervision to the borstal school, a police officer not below
the rank of a Sub-Inspector of Police may, without orders from a Magistrate and
without warrant, arrest him and take him back to the borstal school, and his
licence shall be forfeited with effect from the date of his escape or failure
to return, as the case may be. (1)
The Inspector-General may release on parole
any inmate from a borstal school for such period or periods and subject to such
conditions as may be determined by him either- for
the purpose of enabling the inmate to take up an employment or to receive
instructions or training; or in such other circumstances as may be
approved by him (2)
If the Inspector-General is satisfied that an
inmate has violated any of the conditions on which he was released on parole,
he may, by order, recall him to the borstal school notwithstanding that the
time for which he was released has not expired, and thereupon he shall return
to the borstal school. (3)
If any inmate fails to return to the borstal
school when recalled under sub-section (2), any police officer not below the
rank of Sub-Inspector of Police may, without orders from a Magistrate and without
warrant, arrest him and take him back to the borstal school. The
time during which a person is absent from a borstal school under a licence or
on parole shall be treated as part of the term of his detention in the school,
provided that where that person has failed to return to the school on the
licence being forfeited or revoked or when recalled from parole the time which
elapses after his failure so to return shall be excluded in computing the term
during which he is to be detained in the school. Notwithstanding
anything contained in this Act, the Inspector-General may, subject to such
rules as may be made by the Government in that behalf, allow any inmate of a
borstal school to receive instructions or training in any other institution
without being released from the borstal school. Subject
to the orders of the Inspector-General and subject also to the rules made by
the Government, the control and management of every borstal school shall vest
in a Superintendent appointed by the Government. (1)
(a) Every visiting committee appointed under
sub-section (2) of section 3 shall consist of the Sessions Judge, the District
Magistrate and the District Educational Officer of the district in which the
school is situate and four non-official members appointed by the Government (b) ??The
non-official members shall hold office for a period of two years but shall be
eligible for re-appointment on the expiry of that period. (2)
It shall be the duty of the visiting
committee and its members- (a)
to visit the school either individually or
collectively on such occasions as may be fixed by the rules made under this Act
in that behalf, for the purpose of ensuring that the provisions of this Act are
duly given effect to; (b)
to make such suggestions for the improvement
of the training therein as are considered necessary and to report to the
Government or to the Inspector-General from time to time any matter which, in
their opinion, should receive attention and annually on the progress of the
school; (c)
to interview the inmates immediately after
their arrival and to make suggestion, if any, as to the special training which
each should receive; (d)
to consider cases of release on licence under
sub-section (1) of section 13 and cases of release on parole under sub-section
(1) of section 17 placed before them by the Superintendent; (e)
to consider such action as may be necessary
in regard to the inmates whose term of detention is about to expire; and (f)
to consider and report to the Government
cases of inmates who are fit to be discharged under section 27. (3)
Subject to such rules as may be made by the
Government in that behalf, every member of the visiting committee shall be
entitled to call for information from the Superintendent, to examine the
records of the school and to take such other action as he deems necessary for
the due discharge of his duties. (1)
The inmates of a borstal school shall be
divided by the Superintendent according to their industry and good conduct into
three grades, namely:- ?the ordinary grade, ?the star grade, ?the special star grade. (2)
The privileges of each grade shall be higher
than those of the grade preceding, if any. (3)
Every inmate shall, on reception in a borstal
school, be placed in the ordinary grade. (4)
The Superintendent may promote or reduce any
inmate from one grade to another in accordance with the provisions of
sub-section (5), the rules made under this Act and the general instructions of
the visiting committee. (5)
Promotions and reductions shall be regulated
by close personal observation of the inmates and shall depend specially on
their general behavior, amenability to discipline and attention to
instructions, both literary and industrial. (1)
The punishments which may be inflicted on an
inmate of a borstal school for offences specified in the Prisons Act, 1894
(Central Act 9 of 1894) or the Travancore-cochin Prisons Act, 1950 (Act XVIII
of 1950), as the case may be, and the rules made thereunder, shall be in the
following forms and no other:-
formal warning,
extra drill,
deprivation of any of the privileges of the grade,
reduction in grade. (2)
No punishment shall be awarded to any inmate
by any official of the school except the Superintendent or in his absence the
official exercising his functions. No
inmate of a borstal school shall be made to work for more than six hours a day: Provided
that extra drill awarded as a punishment under sub-section (1) of section 23
shall not be deemed, for the purposes of this section, to be work. For
purposes of appeal and revision under the Code of Criminal Procedure, 1898
(Central Act 5 of 1898), an order of detention under section 5 of this Act
shall be deemed to be a sentence of imprisonment for the same period. Any
person affected by an order of the Inspector-General under this Act may appeal
to the Government whose orders shall be final. In
areas in which the provisions of the Madras Children Act, 1920 (Act IV of
1920), or the Cochin Children Act, XXXVI of 1111 or the Travancore Children
Act, 1120 (Act XXXII of 1120), are not in force, the figures "16"
appearing in section 2 (1) of this Act shall be read as "15". The
Government may at any time order the discharge of an inmate of any borstal
school either absolutely or subject to such conditions as they may think fit. The
conviction of an adolescent offender shall not be regarded as a conviction for
the purposes of any disqualification attaching to a conviction for any offence. (1)
The Government may, after previous
publication, make rules for the purpose of carrying into effect the provisions
of this Act. (2)
In particular, and without prejudice to the
generality of the foregoing power, such rules may provide for- the
appointment, powers and duties of officials in borstal schools; the
treatment, maintenance, education, industrial or agricultural training and
control of the inmates of borstal schools; the
grant of permission to the inmates of borstal schools to absent themselves for
short periods; visits
to and communications with the inmates of borstal schools; the
temporary detention of adolescent offenders until arrangements can be made for
sending them to borstal schools; the
transfer of adolescent offenders from a prison to a borstal school by the
Inspector-General; the
form of, and the conditions under which, licences may be granted; the
period for which and the conditions subject to which an inmate may be allowed
to receive instructions and training under section 19; the
control and management of borstal schools; the
matters subject to which information may be called for from the Superintendent
and the records of the school may be examined by the members of the visiting
committee; the
powers and duties of probation officers under this Act and the submission of
reports by them;
any other matter which is to be, or may be, prescribed. (3)
All rules made under this Act shall be laid
for not less than fourteen days before the Legislative Assembly as soon as may
be after they are made, and shall be subject to such modifications as the
Legislative Assembly may make during the session in which they are so laid or
the session immediately following. The
Madras Borstal Schools Act, 1925 (Act V of 1926), as in force in the Malabar
district referred to in sub-section (2) of section 5 of the States
Reorganization Act, 1956 (Central Act 37 of 1956) and the Travancore Borstal
Schools Act, 1120 (Act XXXI of 1120), are hereby repealed.
Preamble - KERALA BORSTAL SCHOOLS ACT, 1961PREAMBLE