HAVA SINGH versus STATE OF HARYANA & ANR.

HAVA SINGH versus STATE OF HARYANA & ANR.

An adolescent convict sent to Borstal Institution under Punjab Borstal Act, 1926, who has undergone seven years of detention, is entitled to be released and cannot be transferred to jail to complete unexpired term of life imprisonment unless he is incorrigible or has committed a major Borstal Institution offence.

Parties
Petitioner: Haya Singh; Respondents: State of Haryana & Anr
Jurisdiction
India
Judgment Date
21 August 1987
Procedural Posture
Writ Petition (criminal) No. 668 of 1986 / Final Decision
Outcome
Petition allowed
Legal Topics
Premature Release, Borstal Act, Adolescent Offenders, Life Imprisonment, Transfer From Borstal Institute, Remission
Criminal Law Juvenile Justice Premature Release Borstal Act Adolescent Offenders Life Imprisonment Transfer From Borstal Institute Remission

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Parties

Haya Singh

Petitioner

State of Haryana & Anr

Respondents

Procedural Posture

Writ Petition (criminal) No. 668 of 1986 / Final Decision

Legal Issues

  1. 1 Whether an adolescent convict detained under Punjab Borstal Act, 1926, can be transferred to jail for undergoing remainder of life imprisonment upon attaining age of 21.
  2. 2 Whether petitioner is entitled to premature release under Punjab Borstal Act, 1926, after seven years detention.
  3. 3 Applicability of paragraph 516-B of Punjab Jail Manual and Section 433-A of CrPC to Borstal detainees.

Ratio Decidendi

An adolescent convict sent to Borstal Institution under Punjab Borstal Act, 1926, who has undergone seven years of detention, is entitled to be released and cannot be transferred to jail to complete unexpired term of life imprisonment unless he is incorrigible or has committed a major Borstal Institution offence.

Court Disposition

Petition allowed

Orders

  • Respondents directed to release petitioner from imprisonment forthwith.
  • No order as to costs.