The Punjab Borstal Act, 1926

The Punjab Borstal Act, 1926 Act 11 of 1926 Keyword(s): Borstal Institution, Detained, Inmate, Security of Good Behaviour DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. 1926 : Pb. Act XI] BORST4L THE PUNJAB BORSTAL ACT, 1926. CONTENTS - Preamble Sections 1. Short titlc, extent and commencement. 2. Defnytions. 3. Establishment ofBorstaI Institutions. 4. Appointment of Director of Borstal institutions, officers and visiting committees. 5. Power of courts to pass a sentence of detention in a Borstal Institution in the case of a convict under twenty-one years of age in lieu of,transpocationo r rigorous imprisonment. . 6. Special powers of District Magistraies. 7. Detention of prisoners confined in the Lahore Borstal Jail. 8. Power of Superintendent of Jail to present prisoner less than 2 1 years of age.beforeD istrict Magistrate for detention in a Borstal Tnsti tution. 9. When aclion may not be taken under section 8. 1 0. Ayplicat ion of the Code of Criminal Procedure, 1898, and the Indian Limitation Act, 1908; and provisions for appeal and revision. 11. No person who has been once detained to be detained again. . - 12. Release on furnishing security. 13. Enquiry to be made regarding the age of the offender before the passing of an order of detention. 14. Magistrate tu givc grounds of his opinion befare ordering detention. 15. Power to relcase on license. 16. Absence under Iicense lo be counted towards pcriod of detention. 17. Fcrm of license. 18. Suspension and revocatiol~o f licenses. 162 BORSTAL 11926 :P b. Act XI 19. Penalty for escape. 20. Incorrigi bIcs. 21. Inmates appointed officers to be public servants. 22. Extra-muraI custody, control and employment of inmates. 23. Penalty for introduction or removal of prohibited articles into or from Borstal Institutions and cornrnunication with inmates. 24. Power to arrest for offences under section 23. 25. Publication of penalties. , 26. Officers-in-chargeo f Borstal Institutions to detain persons duly committed to their custody. 27. Officers-in-charge of BorstaI Institutions to return orders; etc., after execution or discharge. 28. Powers for officers-in-charge ofBorstal Institutions to give effect to orders of certain courts. 29. Warrant of officero f such courts to be sufficient authority. 30. Procedure where Officer-in-charge of Borstal institution doubts ? the legality of order sent to him for execution. 3 1. Lunatic inmates, how to be dealt with. 32. ~p~licatioton B orstal Institution of certain provisions of the Prisons Act, 1894 and the Prisoners Act, 1900. 32-A. Transfer of inmates to other Slates and vice versa. 33. How punishment ofwhipphg may be inflicted on an inmatc 34. Power to make rules under the Act. 35. Powers of the State Government to vary age limit, and.apply the Act to females. 36. Whipping not to be inflicted on females. 1926 :.Pb. Act XI ] BORSTAL 'THE PUNJAJ3 BORSTAL ACT, 1926 PUNJAABC T XI OF 1926 [Received /he asset/[o f the Governor of the Punjub on the 22nd July, 1926, and that of the Gbverf~or-Generaoln the 16ih Arlgus f, 1926, and was first 'published in lJte Purljab Gazerre of the 27th Augrsi, 1926.1 ' 1 2 3 4 Year No. Shorttitle Whcthcr repealcd or orhenvise &tad by legislation 1926 XI The Punj ab Borstal Amended i? pan, Govemmcnl of India Act, 1926 (Adaptation ofIndian Laws) Order, 1937. Arncndcd by the Indian (Adaptation of Existing Indian Laws) Order, 1 947 (G.G.O1.6) Amended by-Ad'apraliono f kwsO rdcr, I950 Arncnded by ~da~tation-oLafw s (Third Amendment ) Ordcr, or 1 95 1 ~rnendedbpu~n jab ~ct2o5f 15164' Amended by Adaptation orhws Ordcr,196SJ Exlcnded to Lhc lerritorics which immcdiatcly bcforc the Is[ Novcmbcr, 1956, were comprised in [he Sk!e of Pariala and East Punjab Sralcs Union by Punjab Act 18 of 1958' . Amended by Haryana Aci I I of 1978' An Act lo make provision for the establishment and regulation of Borstal Institutions in 6paryana]a nd for the detention and training of adolescent offenders therein. WHEREAitS i s expedient to makc provision for the establishment Preamble. and regulation of Borstal Institutions in 6[Haryana] and for the detention 1. For thc Staremcnl of Objecfs and Reqons, see Purljob Gaett~...1926P,a rt I, Pages 579-80, and for Proceedings in Councc see Punjab Legislative Council Debates, Volumc IX-B,p ages 1 11 1-12. It came h oh rcc on Is1 Augut, 1332. 2. See Prrnjah Gazette, 1926, pages 809-15. 3. For Statcmcnt of Objects and Reasons, see Pt~njabG azerte (Exha.) 1964, Pages 935-37. 4. For Statement of Objects and Reasons, see Alr@b Gazette (Extra.) 1358, Page 546. 5. See Haryotio Government Gazette (Exha.) dated 29th October, 1968. 6. Substituted for Ole word "Punjab" by [he Adaptation of Laws Order, 1968. 7. For Statement of objects and reasons, see Ha~yarlaG overnment Gnzerre (Extraordinary) dated 24-2-1 973, Page 200. 164 B O ~ A L [I926 :P b. Act XI and training of adolescent offenders therein; and whereas the previous sanction of the Governor-General under sub-section (3) of section 80-A of the Government of hdia Act has been obtained; It is hereby enacted as follows :- Shon title, 1. (I) ThisActrnaybecallcdfhePunjabBorstalAct,1 926. extent and commencement (2) It ex tends to [Haryana]. (3) It shall come into force [in the principal territories ] on such date as the 3[St ate] Government may be no~cationap point in this behalf 2[and in the transferred territories on the 15t h May, 1958.1 2. In this Act, unless there is anything repugnant in the Definitions. subject or context,- (1) "Borstal Institution" means a place in which offenders may be detained under tllis Act and given sach industeal training and other instruction and subjected to such disciplinary and mord influences as will conduce lo t hcjr reformation; 1 (2) "detained" means detained in, and "detenlion" means "detention" in a Borstal Institution; (3) 'cinmate'' means any person ordered to be detained ; (4) "offence" means- (i) an offence punishable with transportation or x ~ v rigorous imprisonment under the Indian PcnaI -of Code other than- 1860. (a) an offence pcnishable with death ; (71) an offence punishable under Chapter V-A or Chapter VI of thc said Code ; 1. hsertcd by rhc FIaryana Adaptation of Laws Order, 1968. 3. Substituted for the word "Provincial" by h eA daplahon ofLaws Order, 1950. 1926: Pb. Act XI 1 BORSTAL 165 m of {ii) an offence punishable with imprisonment under 1867. the Public Gambling Act, 1867 ; I of (iii) an offence punishable with imprisonment under 1878. the Opium Act, 1878; I of (iv) an offence punishable with imprisonment under 1914. the Punjab Excise Act, 19 14; (5) "officer" means an officer of a Borstal Institution appointed in such manner as may be prescribed ; (6) "prscribe'd" means prescribed by rules made by the '[State] Governmeat under. the provisions of, this Act ; (7) "security for good behaviour" means security or good behaviour otherwise than for political activities under seciion 109 or section 1 10 of the Code of Criminal Procedure, 1898; (8) "Superintendent" means a Superintendent of a BorstaI Institution appointed in such manner as may be prescribed. 3. For the purposes of this Act the '[State] Government may Establishmed establish one or more Borsial Institutiolls. uf Burs~al Institutions. 4. (2) The '[State] Government shall appoint any person Appojntmcnt not being a police officer, to be Director of Borslal Institutions, oTDirector of and he shall exercise subject to the orders of the '[State] Insriturions, Govomment, general control and superintendence of all Borstal oRKerr and hstitutiotls. visiting committees. (2) For every Borstal Tnsti tution the '[State] Government shall appoint a Superintendent, and such other officers as may be necessary. (3) For every Borstal hslilution a visiting committee shall be appointed in such manner as may be prescribed. I. Subsritured for the wvrd "Provi~~cialb"y the Adaptation oT1.aws Ordcr. 1950. 166 RORSTAL [I 926 : Pb. Act XI Powers of 5. (1) When any male person less than twenty-one years of courts to pass age is convicted of an offence by a court of Sessions, a Magistrate a sentence of specially empowered under section 30 of the Code of Criminal delention in a Procedure, 1898,or a '[Judicial] Magistrate of the first class, or is 1898. Borstal ordered to give security for good behaviour and fails to give such Institution in the case of a security; and when by reason of his criminal habits or tendencies convict under or associations with persons of bad character it is expedient in the twenty-one opinion of the Judge or Magistrate, that he should be detained, ycars of age in such Judge or Magistrate may in lieu of passing a sentence of lieu of transportation or rigorous imprisonment, pass an order of detention transporntion of or rigorow for a term which shall not be less than tyo ycars and shall not Iggg, imprisonmeni. exceed seven years when the order is passed by a court of Sessions or a Magistrate specially empowered under section 30 of the Code of Criminal Procedure, 18 98, and shall not be less than two years nor exc~edth ree years, when the order is passed by a '[Judicial] ris Magistrate 01 the t class not so empowered. (2) When any [Judicial] Magistrate, not empowered to pass such order, is of opinion that an offender convicted by him is a pcrson in respect of whom such order shouId be passed in accordance with the provisions of sub-section (1) he may, without passing any sentence, record such opinion and submit his proceedings and forward the accused to the '[Chief Judicial Magistrate) to whom he is subordinate. (3) The '[Chief Judicial Magistrate] to whom the proceedings are so submitted may make such Wher enquiry (if any) as he may deem fit and pass such order for the detention of the offender or such other sentencc or order, as he might have passed if the trial had been held by him from its commencement. Special powers 6. When any male person less than twenty-one years of age of Dishct has been sentenced for an offence by a Magistrate to rigorous Magistrates. imprisonment, or when ordered by a Magistrate to give securily, for good bchaviour has failed to give such 'security, and has been committed to or conhed in prison and no appeal has been preferred I. Subsrituled by PunJab Act 25 of 1964. 2. Substituted for (he words "District Magishale" by P~mjabA ct 25 of 1964. 1926 : Pb. Act XI 1 BORSTAL 167 against such sentence or order within the time prescribed by law and when by reason of such person's criminal habits or tendencies or association with persons of bad character it is expedient, in the opinion 0-f the District Magistrate, that he should be detained, the District Magistrate may order that such person shall in lie11o f undergoing imprisonment be detained for a period not less than two years nor morc than three years. 7. If it appears to the '[State] Government that any male person, Detention of less than twenty-one years of agc, who, having been sentenced to rigorous p"O1'ers confined in the imprisonment for an offence or having been committed to or conhed in lahore Borrtal prison for failing to give security for good behaviour, is at the time of the J,~I- commencement of this Act confined in the Lahore Borstal Jail, should for the reasons described in sub-section (1) of section 5 be detained, the ' [State] Government may direct that he be detained for a period not exceeding the residue ofhis sentence or of the period for which security was required, as the case maybe, provided that such order shall be subject as regards the period of detention to any order passed on appeal against or revision of the sentcnce or order of commitment or confincrnent in prison. 8. Whenever it appears to the Superintendent of a Jail that any Power of male person less than twenty-one years of age sentenced to transportation Superintendent or rigorous imprisonment for an offence or committed to or confined in present prison for failing to give security for good behaviour should ior the pnroner reasons dcscnbed in sub-seclion (1) of section 5 be detained, he shall h, 21 years cause such prisoner to be produced before t he District Magisbatein whose of age before jurisdiction thc Jail is situated, and if the District Magistrzte after making District such enquiry as he may deem proper or as may be prescribed is satisfied lor de~entionin a that the prisoner should for the reasons dcscnbed in the said sub-section Borstal be detained, he may order the prisoner to be ren~ovedf rom jail and ~ ~ ~ ~ i ~ ~ ~ i ~ ~ , detained for a period equal to the unexpired term of the lransportation or imprisonment to which he rv3s sentenced, or of the period for which security was required from him, as the case may be. 9. No order shall be made under the provisions of section 8- When action may not be (9 until the t h c allowcd by law for the prisoner to appeal takenu nder has expired or if an appeal has been preferred until such section 8. appeal has been finally decided; or 1. Subsrituled for the ~vord" Provincial" by Ihe Adaptation of Laws Order, 1950. BORSTAL 11926 :P b. Act XI (ii) if an appIication made on appeal or othenvise to have the sentence altered into an order of detention, has been rejected by an Appellate Court or thc High Court; or (iii) in the case of any person who has been sent to a Reformatory SchooI in accordance with the of provisions of the Reformatory Schools Act, 18 97. 1197. kpplication of 10. (I) Subject to the provisions of sub-section (2) of (his + or heCodeofCn- section the provisions of the Code of Criminal Procedure, 1898, 1898. ninal Proce- relating to appeal, reference and revision and articles 154 and 155 lure, 1898, and hc Indian ~imi-o f the 'Indian Limitation Act, 1908 shall apply in the case of an .ation ACt , order of detention passed under section 5 as if the order had been 1908. 1 908, and a sentence of imprisonment for the same period as the period for 'rOvisiOns for which detention was ordered. ippcal and , .evision. (2) Notwithstanding anything contained in section 423 of the Code of Criminal Procedure, 1898, when a person who at V of the time of his conviction was less than twenty-one years of agc 1898- I has been convicted of an offence or when such person on being ordered to furnish security for good behaviour has failed to furnish sucll security, an appellate court or the High Court in the exercise of its powers of revision, may in pursuance of sub-section (1) and rhe provisions of thc Code of Criminal Procedure, 1898, and aAer 1898. making such inquiry as it may deem fit alter a sentence of impris~nmento r an order of commihent to prison under section 123 of the Code of Criminal Procedure to an order of detention, if for reasons described in sub-section (I) of section 5, it considers such alteration expedient, and may alter an order of detention to a sentence of imprisonment or an order of commibnent to prison under section -123 of the Code of Criminal Procedure, as the case may be, provided that the sentence of imprisonment, order of commilment or order of detention, shall not be in excess of the powers of the trial Magistrate or court. (3) Any person who has been ordered to be detained in a Borstal lnstitu tian under the provisions of section 6 for a period - 1. Now see Limitation Act, 1963. 1926 :P b. Act XI ] ~omnt 7 69 to expire after theterm ofimprisonment to which he was sentenced would expire had the orders not been .passed may, subject to the provisions of sub-seclion (.),a ppeal to the Sessions Judge, and the Sessions Judge , may either confirm the order or set it aside 2nd rcsrore the sentence of imprisonment or if the order is for more than two years reduce it to a . [em nol shorter than two years nor shoner than the residue of iirtprjs~fimen:to which tie aEeridci WE sentenced. (4) Any person ordcred by a Sessions Judgc under the provisions of sub-section (3) to be dctained for a period to expire after fhe rem of inlprisonment to which he was sentenced would expire had such order not been passed, may, subject to the provisions of sub-section (9, a ppeal within thirty day of the order to the High Court and the High Court may pass any such ordcr as the Sessions Judge might have passed. (5) An appeal shall not lie under sub-section (3), or sub-section (4) sgainst a conviction or on any finding of fact but only on the ground that the order appealed against is illegal or unduly severe. 11. No person who has been previously detained for the whole NO person who period prescribed in an order of detenlion or who has been transferred to has been once jail undcr scction 20 of this Act, shall again be ordered to be detained. to be delained again. 12. Any person detaincd for failure to fuhish sccurity shall be Release on released 01-f1b mishing such security. hmishing sccurity, 13. (1) Before passing an order of detention 'under this Act the Enquiry to be Magistratc, District Magistrate or Court, as the case may be, shall enquire made regarding or cause enquiry to be madc into the question of thc age ort he oEender, the "ge of the offender before and after taking such evidencc (if any) as may be deemed necessary or proper shall record a finding thereon. an order of (2) A similar enquiry shall be made and finding recorded by detention. every Magistrate no1 empowered to pass an ordcr of detention under this Act before submi tling his proceedings and fonvarding the accused to the Disbict Magistrate as required by sub-section (2) of scction 5 of this Act. 14. When any Magistrate, Dis tnct Magistrate or Court orders an Magistrate to offender to be detained, he or it, as the case may-b c, shalL record the give ground' of his opinion grounds of his or its opinioi! that it is expedient Lhat the offender be ordering detained. derention. 170 BORSTAL (1926 : Pb. Act Xi Power to releasc 15. Subject to any gcneral or special directions of the '[State] On license- Government the visiting committee with the sanction of-t he Director of Borstnl lnstiktions may at any time after the expiration of one-third of the period of detention, or of two years, whichever is shorter, if satisfied that the inmate is likely to abstain from crime and lead a useful and industrious life, by license permit him to be discharged from the Borstal Institution on condition that he be placed under the supervision or authority of any ?[Government officcrj or (secular) institution or person or religious society (professing the same religion as the inmate ) named in the license who may be wilIing to take charge of him. A license granted under this section shall be in force until the term for which the inmate was ordered to be detained has expired unless sooner suspended, revoked or forfeited. Absence under 16. The time during which an inmate is absent under license from license to be a Borstal Institution shall be reckoned as part of the period of detention. counted towards period \ of deten tion. Form of liccnse. 17. Every license granted under the provisions of section 15 shall , be in such form and shall contain such conditions as the l[State) Goveinment may, by general or special order, direct. Suspension and 18. Subject to any general or spccial directions of the '[Slate] revocation of Government, a license granted under section 1 5 may be suspended for a licenses. period not exceeding three months by the Superintendent of a Borstal Institution or revoked at any time by the visiting committee on the recommendation of the Director of Borstal Institutions. Where the license / of any inmate has been suspended or revoked he shall return to the Borstal Institution and if he fails to do so he may be arrested without warrant and taken to the institution. PenaIty for 19. If any inmate escapes from a Borstal hstitutibn before the - escape. cxpiry of the period for which he was ordered to be detained or if any inmate absent on license from a Borstal Institution escapes from the s~pervisionz u!hority .;of any Go1:e~rnent cficer or (seculzr) institldtic~! or person or religious society in whose charge he was placed or fails on the suspension or revocation of his license to return to the Borstal Institution, he may on ccnvictiin 2jon zagis:ratc be punishcd with 1. Substituled fdr the word "Provincial" by the Adaptation of Laws Ordw, 1950. 2. Substiruted for the words "Servants of rhc Crown" by h e Adaptation of Laws (Thud Amendment) Ordcr, 195 1. 1926 : Pb; Act XI 1 BOR~AL 171 ., , impriso&ent of either description for a term which may ex tend to - two years or with fine or with both, and his license shall be forfbitcd with effect from the date of his escape or failure lo return, as the case may be. An offence under this section shall be deemed to be a of cognizable offence within the definition of that t m in the Code 1898. ofCriminalProcedure, 1898. . ' ' 1: 20. Where an inmate is reported to the '[State] Government Incorrigiblcs. by the visiting committee to be incorrigible or to be exercising a bad influence on the other inmates of the institution or is convicted under section 19 of this Act, or is reported by the Superintendent , to have committed an offence .which has been declared to be a major Borstal Institution.o ffence by ~ l e,ms a de by the, [State] ~oven-hentin pursuance of lhk provisions of sub-section (14) of :, section 34 of thig Act, thel[$tate] Gbvernment miy commute the residue of the term of detention to such term of imprisonment of either description not exceeding such residue as the '[State] Government may direct, and may.order the trans-fer of the inmate to any jail in '[Haryana] in order to cofnp1ek the said term of imprisonment. XLV 21; lirnates who have -been appointed as officers shall be Inmates of deemed to be public senrants within thedefinition of that tern in a a R pp ic o c i r n ted b e . 1860- the Indian Penal Code. . , , , public servants. 22. An inmate when being &en to or fiom aily Borstal E~~~ mural Institution in which he may be lawfully detained or whenever he is custody, working outside or is *thenvise beyond the Limits of any such csnboland .. Borstal Institution in or under the lawful custody or conk01 of an e . m ployment of , mmates. oflicer belqnging to such Borstal Institution shall be deemed to,b e . , under deteniion and shall be subject to all the same incidents ac if he were actually in a Borstal Institution. - , 23: '~'hoeverc,,o ntrary to any hle underJs ection 34, Penalty for intro- . . inroduces' orir emovcs, .or attempts by any means whatever to duction or I ' i ' n troduce orrerndk, into or'frorn ari$~arst;ilI nstitution, br supplies o in f t p o r o o r h ibited articies BoEtal or attempts to supply to any inmate outside the limits of such Inslihltions and , inmates. 1. Substituted for the word "Provincial" by the Adaplation of Laws Order, 1950. 2. Substituted for the words "Punjab",hy-lhtH; Qam Adaplation of Laws Order, 1965. 172 BOR~AL 11926': Pb. Act XI. and every officer of a Borstal Institution who contrary to any such iuIe, knowingly suffers any such ariicles to be introduced into 'sr removed from any Borstal Institution to be possessed by ally inmate,, or to be . . sr~ppliedt o any inmate outside iIle linlils of Borsle! Insti!ution, - , zid whgever chntraqr to any such n~leco mmunicates cr attempts to cornmupicate with agy inmate, and whoever abets any offence made punishabIe by this section, shall on conviction I[* ,* *.* *] be liable to imprisonment for a 'term not exceeding six months or to fine not exceeding two hundred rupees or to both. . Powcr to 24. When any person, in the presence of any officer of a Borstal - arrest for Institution commits any offence specified in the foregoing section, and udcrre fwes on demand of sich officer to state his name and'r esidence, or section 23. gives a name or residence which such officer knows, or has reason to believe, lo be false, such officer may arrest him, and shall without urinecessary delay makc him over to a police-officer, and thereupon such police-officer shali proceed as'if the offence had been coinmilled in his presence. i Publication of 25. The Supenntendcnt shall cause to be affixed, in a conspicuous penalties. place, outside,the Borstal Institution, a notice in English and the Vernacular setting forth thc acts prohibited under section 23 and the penaI tics incurred by their commission. . - ' Ijfficer-in charge 26. The office-incharge of a ~oistaIln stitution shdr eceive and * of Borstal Insti- detain all pasons duly committed to his custody under this ~ctic~ordi~g , . . ' Iutions detain to the directions contained'i n the order by which such person has been persons duly -.committedo r until such person is dischq'ed or rernbikd in due course committed co heir .of law. mtdy .! I, , . - Of% cers-in- charge 27. The officer-in-charge of a Borstal Institution shall forthwith: :. oIBonlal Ingitu; after the execution of every such order as aforesaid or ;fie> the discharge liori"0- return of the person c6mmilted thereby, rehlm such order to the Magistrate, pders3 ~islriitM agistrate or Cmrt by which the same was issued orm;dc, executio et n c- j or dis- charge. together kith a certificate endorscd thereon and signed by him, showing - how the same has been executed or why the person committed thereby' - has been discharged from detention before the execution thereof. I. The words "belbrt: Magistrate" omitted by Punjab Act 25 of 1964. 1926 : Pb. Act XI j B O R ~ L 17 3 '128. Officers-in-charge of BorstaI hsti tution may give effect to Powers for any order for the detenlion of any person passed or issued- oficers-in- charge of (a) by any Coun or Tribunal in a Part A State or a Pari C BonW Sthte; or lnstitutiom to (b) by any Court or Tribunal outside India acting under the give effect to authority of the Central Govznment ;o r orders of (cj by any Court or 'Sribunal in a Part B State if the reception ~~"0icLotl lrs. and detention in the 2paryana] of person ordered to be detained by such Court or Tribunal is authorized by the State Govement by a general or ,special ordcr ;o r - (d) before the 26th January, 1950, by any Court or Tribunal in any acceding State if---- (Q the presiding Judge or, if the Court or Tribunal consisted of two or more Judges, at least one of the Judges, was an oficer of the Government authorized co sit as such Judge by the State or the Ruler thereof or by the Cen traI Government ;a nd (ii) the reception or detention in the Province of persons detained by any such Court or Tribunal has been authorized by general or special order by the Provincial Government.] 29. An order under the official signature of an officer of such Court Warrant of or Tribunal as is referred to in section 2 8 shall be su Eciht au,~oritfyo r officers ofs uch detaining any person, in pursuance of the order passed upon him. Courts to bc sufficient authority. 30. (1) Where an officer-in-charge ofa Borstal .Institution doubts Procedure the legality of an order sent to him for execution, or the competency of where ~ffcer- the person whose official seal or signature is armed thereto to pass the i B n o -c r h sr a a r l g h e t i o - f orderheshall refer thematterto the3[State]G overnmentbywhoseorder ,,,tiondoubts on the case he and all other public officers shall be guided as to the the legaliq of future disposal of the inmate. order sent to him for execution. I. Substituted far rhe old section by the Adaptation of Laws (Third Amendment) Order, of 195 1 . hie: - The old scction had becn parlIy amcnded by the Indian Independence (Adaptation of Befigal and Punjab Acts) Order 01 1948 (G.Ci.O.40). 2. Substitu~edf or the word "Punjab" by Adaptalion oflaws Order, 1968. 3. Subslihrted Tor the word "Provincial" by the Adap~a\iono f Laws Order, 1950. 174 BORSAL 11926 : Pb. Act XI (2) Pending a reference made under sub-section (I), the inrna~esh all be detained in such manner, and with such restrictions or mitigations as may be specified in the warrant order. L wtic 31. (I) Wherc il appears to the '[State] Government that any immales, how person detained under any order is of t~nsoundn lind, the '[Stztc] ru bc dcal; Govenlnle~lmt ay order his removal to a Iunatic asylum or other with. piace ofs afe custody within the 'LState], there to be kept and treated as the '[State] Government directs during the remainder of the term for which he has been ordered to be detained or, if on the expiration - of fhzt term it is certified by E medical oF~ccrth at it is necesshy for the safety of the inmate or others that he should be fiuther - detaincd under medical care or treahmt, then until he is discharged according to law. (2), where it appears to the '[State] Government that an inmate so kept and treated has become of sound mind, the '[State] Guvenuncnt shall, by a wankt directed to the person having charge of the inmate, ifstill liable to be detained, remand him to the Borstal Institution fram which he was removed, or to another ~oAta1 I Institution within the Z[State] or, if he is no longer liable to be / detained, order him to be discharged. , (3) The provisions of section 3 1 of the Indian Lunacy Act, 1 91 2, shall apply to every person confined in a lunatic asylum under sub-section (1) after the expiration of the term for which he was IV of ordered to be detained ; and the time during which an inmate is 1912- confined in a lunatic asylum under that sub-section shall be reckoned as part of the term of detention which he may have been ordered to undergo. (4) In any case in which a '[Slate] Government is competent under sub-section (I) to order the removal of an b a t sto a lunatic asylum or other placc of safe custodywithin the '[State], the '[State] Government may order his removal to any such asylum or place 1. Substituted for the word "Provincial" by the ~da~talion0'1 Laws Order, 1950. 2. Substituted for the word "Province" by the Adaptation of Laws Ordcr, 1950. 1926 :P b. Act XI J ~RSTAL 175 within '[any other State] by agreement with 2[the Government of such other State] and the provisions of this section respecting the custody, detention, rcrnand and discharge of an inmate removed under sub-scction [I) shall, so far as they can be made applicable, apply to an inmate removed under this sub-section. U: of 32. Subkt to the provision of section 33 of this Act, the Application In 1894, provisions of section 12 and Chapter XI of the Prisons Act, 1894 Borstal hiitution of and of sections 35 to 50 (inclusive) and the rules made by the ceruin '[Statel Government, * * * * * * *] under section 51 of the pro++ions of j[ m hr Prisoners Act, lS)UO, shall apply as far as may be to Borstal the Prisons 1900. Institutions established under this Act, and all reference to prisoners, Acl 1894 and imprisonment or confinement in the said sections, chapters and he p"soners Act, 1900. rules shall be consmed as referring to inmates, Borstal Institutions and detention. 4[32A. (I) The State Govemment or any oficer authorized Transfer of by it in this behalf may direct any inmate to be hansferred from irimales to other any Borstal Institution within the State to any Borstal Institution Sta tc and vice lYTSf7. or any institution of the Iike nature in any oher State to which he belongs, with the consent of the Govement of that State or any officer authorized in this behalf by that State Government. (2) The State Government or any officer authorized by it in this behalf may, by general or special order, provide for the reception in a Borstal Institution within the State of an h a t eb elonging to the State of Haryana from the Borstal Institution or an institution of the like nature in any other State where the Government of that State or any officer authorized in this behalf by that State Government makes an order for such transfer, and upon such 1. Substituted for the words "any other Province or within any Indian State" by rbe Adaptation of Laws (Third Amendment) Order, 195 1. 2. Substituted for the words " the Govemment of such other Province or wilh &at Slate or the Ruterthcreof, as hec ase may be," by the Adapwtion of Laws (Third Amendment) Order of 195 1. 3. 'Ihe words "or the Governor General" wcre omitted by the Government of lndia (Adaplation of Indian Laws) Order, 1937. 4, lnserted by Haryana Acl 11 or 1978. 176 B O ~ A L [I926 : Pb. Act XI transfer the provisions of this Act shaII apply to such inmate aslf he had been originally ordered to be detained under this Act.] How punish- 33. For the purpose of punishing Borstal Institution offences, ment of whip- ping may be whipping shall be inflicted upon the palm of the hand only. infhcted on an intimate. Power'to .make 34. The '[State] Government may make rules after previous rules d e rth e - publicatioi~c onsistent wiih Ihis Act- Act. (I) for the regulation, management and classification of Bnrstat Institutions established under this Act and the description and construction of wards, cells and other places of detention ; (2) for the regulation by number or otherwise of the hatest o be detained in each class of institution ; (3) for defining the powers and duties of the Director of Rorstal Instititions ; (4) for the Government of Borstal ~nstitutions,a nd the I appointment, guidance, control, punishment and dismissal of Superintendents and other officcrs employed in Borstal Institutions, and for the defining of their responsibilities, duties, disabilities and powers ; (5) for the maintenance of records, and the preparation and submission of reports ; .(6) for the selection and appointment of inmates as inmate officers Ad their reduction and dismissaI and for defining the responsibilities, duties and powers of such oficers ; (7) for 'the temporary detention of inmates until arrangements cam be made for their admission to Borstal Institutions ; (8) for the admission, removal and discharge of inmates and for the disposal of their effects during their detention ; (9) for feeding, clothing and bedding of inmates ; (10) for the custody, discipline, grading, treatment,education, training and conlrol of inmates ; 1. Substihiled For lIle word "Provincial" by he Adaptation of La~vsO rder, 1950, 1926 : Pb. Act XI 1 LUK~S TA I, 177 (1 1) for the ernploymen[, i~~slructioann d control or inmates within or without Borstal lnstitutigns, thc disposal of ll~ep rocecds of their labour ; . , ( I 4 for the treatlnent ofs ick inmates ; (13) for classifying and prescribing the forms of education, instruction, employment and labour and regulali~~tgh e periods of rest ; (14) (0 for defining the acts, which shall constitute Borstal Institution offences ; (ii) for determining the classilication of Borst a1 institution offences into major and minor offences ; (iiu for fixing the punishment admissible under this Act which shall be awardable for commission of Borslal Institution offe,nces or classes ther. cof ; ,, (ill) for declaring the c~umstmceisn which acts constituting both a Borstal Institution offence and an offence under the Indian Penal Code may or may not be dcalt with as Borstal Institution offence ; (v) for the award of marks and the shortening of periods of detention ; (vi) for regulating the use of arms against any inmare or body of inmates and the use orrenew in the case of an outbreak . .. or attempt to escape ; , (vig lor defining 'the circurnitances and regulating the conditions under which inmates in danger of death may be released ; ' (viii) for regulati rig the transler fiom one part or [the whole of India except Part B States] to another of jnmatcs whose lem of detention is ahout to expire ; , 115) for def~ngar ticles the iqtroduction or removal of which into or 'out of Borstal institutions withoht due authority is prohibited ; (16 ) for the classification and the separation of inmates ; '. ; (1 7) for rewards for good conduct ; 1. Subslitutcd for [he words "I3r1tish India" by [he India (Adap~ariona C Exisline Indian Laws) Ordcr. 19.17 (G.G.O. 16) and by the Adaptat~ono r Laws Ordrr. 1950. 178 BORSTAL [I9 26 : Bb. Act XI (1 8) for regulating the transfer of inmates fiom one Borstal lnstituion to another or to an hospital or asylum and from a Borstal Institution to a prison or kom a prison or to a borstaI Institution * (19) for the treatment, transfer and disposal of criminal lunatics or recovered criminal lunatics, confined in Borstal Institutions ; (20) for regulating the transmission of appeals and petitions from inmates and their communications with their fiends ; (21) for the appointment q d guidance of visitors of Borstal Institutions ; (22) for prescribing conditions on which licenses may be grantd, ,. suspended, revoked or cancelled ; (23) for the appointment, powers and control of parole officers; ' . (24) for defining the powers and duties of after care societies and . . a . guardians adthe conditions on which fmanciaI assistance may be given to them ; (25) for the appointment of visiting committees ;a nd (26) generally for aH purposes consistent with this Act. I Poyer or h e 35. The '[State] Governmen1 after giving by nolification in the State Oficial Gazette not less than three months notice of its intention to do Govemrncnt to so may, by Iike notification- vary agc Iimit, and ro apply (I) direct that the provisions of sections 5,6 and 8 shall extend to the Act to . persons under such age not less than twenty-one nor more Ulan . females. twenty-three as may be specified in the direction and upon such direction being notified the said sections shall whilst the ' direction is in force have effect as if the specified age were substituted for twenty-one; (2) direct that the provisions of sections 5,G and 8 shall extend to females, and upon such direction being notified the said sections shall whilst the direction is in force have effect as if the word "male" were omitted. Whipping not 36. ~otwi'thstanditnh~e bf clause (2) of section 35 the to bc inflicted punishment orwhipping shall not at any time be inflicted upon a female on females. for a Borstal Institution offence. . . . 1. Substituted for the word "Provincial" by the Adaptation of Laws Ordcr, 1950.