The Karnataka Borstal Schools Act, 1963

THE KARNATAKA BORSTAL SCHOOLS ACT, 1963

(1) This Act may be called the Karnataka Borstal Schools Act, 1963. (2) It extends to the whole of the State of Karnataka. (3) It shall come into force on such date as the State Government may, by notification, appoint.

In this Act, unless the context otherwise requires,— (a) “Borstal School” means a place in which young offenders whilst detained in pursuance of this Act, are given such industrial training and other instructions and are subject to such other disciplinary and moral influences as will conduce to their reformation and the prevention of crime; (b) in relation to any area in the State, “Code” means the Code of Criminal Procedure, 1898 (Central Act V of 1898), as in force in such area; (c) “competent court” means the Court of a District Magistrate or the Court of a Magistrate of the First Class; (d) “District Magistrate” means an officer in the Judicial Service of the State exercising the powers of a District Magistrate under the Code; (e) “Inspector-General” means the Inspector-General of Prisons and includes any officer appointed by the State Government to perform all or any of the duties imposed by this Act, on the Inspector-General; (f) “notification” means a notification published in the official Gazette; (g) “offender” means a person found guilty of an offence, for which he is liable to be sentenced to imprisonment or is liable to imprisonment for failure to furnish security under Chapter VIII of the Code, whether any previous conviction is proved against him or not; (h) “prescribed” means prescribed by rules made under this Act; (i) “prohibited article” means an article the introduction or removal of which into or out of any Borstal School is prohibited by any rule made under this Act; (j) “young offender” means an offender who is not more than 21 years of age and,- (i) not less than fifteen years in any area in which the Karnataka Children Act, 1963 is not in operation; or (ii) in other areas not less than sixteen years in the case of a boy and not less than eighteen years in the case of a girl.

(1) For the purpose of this Act, the State Government may establish one or more Borstal Schools. (2) For every Borstal School a Visiting Committee shall be appointed in such manner as may be prescribed.

Subject to any alterations, adaptations and exceptions made by this Act and the rules framed under it, the Karnataka Prisons Act, 1963 and the Karnataka Prisoners Act, 1963 and the rules framed thereunder, shall apply in the case of every Borstal School established under this Act, as if it were a prison and the inmates prisoners.

Where it appears to the competent court that an offender before it, is a young offender and 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 under such instruction and discipline as appears most conducive to his reformation, such Court may pass, in lieu of a sentence of imprisonment or of an order of imprisonment under section 123 of the Code, an order for the detention of such offender in a Borstal School established under this Act, or subject to the provisions of section 13, in a Borstal School in any other State in India for such term not being less than three years, nor more than five years as the competent court, subject to rules made under this Act, thinks fit but in no case extending beyond the date on which the offender will, in the opinion of the Court attain the age of twenty-three years: Provided that before passing such an order, the competent court shall give an opportunity to the parents or the guardians of the said offender to be heard and shall consider any appeal or representation which may be made to it as to the suitability of the case for treatment in such Borstal School and shall be satisfied that the character, state of health and mental condition of the young offender and the other circumstances of the case, are such that such offender is likely to profit by such instruction and discipline, as aforesaid.

The 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 a Borstal School.

(1) The following Courts shall be the competent Courts to pass orders of detention and such other orders that a competent Court is empowered to pass under this Act against young offenders:— (a) a Court of the District Magistrate; (b) a Court of a Magistrate of the First Class. (2) The powers conferred on a competent Court by or under this Act shall also be exercised by the High Court and the Court of Session, when the proceeding comes before them in appeal, revision or otherwise.

(1) When any Magistrate not empowered to pass an order for detention under this Act is of the opinion that an offender before him is a young offender to be detained in a Borstal School, he may, when passing any order, record such opinion and submit his proceedings and forward the offender to the Court of the District Magistrate or to the Court of Session, to which he is subordinate, as the case may be. (2) The Court of Session to which the proceedings are submitted under sub-section (1) may transfer such proceedings to any competent court to pass an order under this Act. (3) The Court of the District Magistrate to which the proceedings are submitted under sub-section (1) or the competent court to which the proceedings are transferred under sub-section (2) may make such further inquiry, if any, as it 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 it might have passed if such offender had originally been brought before or tried by it. The period during which an offender is absent from a Borstal School during the continuance of a licence granted to him under this section shall, for the purpose of computing his term of detention in such school, be deemed to be part of that detention.

Any young 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 shall be released on furnishing such security or on the passing of an order under section 124 of the Code.

(1) If the Inspector-General is satisfied that a person imprisoned in consequence of a sentence passed under any law or undergoing imprisonment under an order made under section 123 of the Code, for failure to give security, is a young offender, who, 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 report the case to the State Government, and if the State Government, after making such inquiry, as it may deem proper or as may be prescribed, is satisfied that the person should, for the reasons mentioned in the report, be detained in a Borstal School, it may, by order in writing, direct such person to be transferred from the prison to a Borstal School established under this Act or subject to the provisions of section 13, to a Borstal School in any other State in India and to be detained in such School, in lieu of the unexpired residence of his sentence or of the period of imprisonment, which he is liable to undergo for failure to furnish security, as the case may be, 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 competent Court under section 5: Provided that such person shall not be directed to be detained in a Borstal School for a period which, including the period of imprisonment undergone, exceeds the period of imprisonment to which such person has been sentenced or the period of imprisonment which he is liable to undergo for failure to furnish 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 competent Court under the provisions of section 5 and the provisions of this Act shall apply to such person accordingly.

(1) Where an offender detained in a Borstal School escapes or is reported to the State Government by the Inspector-General to be incorrigible or to exercise or to be likely to exercise a bad influence on the other inmates of the School or to be more than twenty-one years of age, or where a licence granted under section 15, is revoked by the State Government under clause (ii) of the proviso to sub-section (1) of section 16 or is, in the opinion of the State Government, otherwise unsuitable for training in a Borstal School, the State Government may commute the unexpired residue of the term of detention to such term of imprisonment of either description as it may determine, but in no case exceeding the shortest of the following three periods, namely:— (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 for 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 or ordered to be transferred to and detained in such School by the State Government; or (c)the maximum period of imprisonment, which the Court that tried him had authority to award under the Code. (2) Such offender may be confined in any prison in the State of Karnataka by warrant under the hand of a Secretary to 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.

(1) Every young offender ordered to be detained in a Borstal School shall be detained in such Borstal School as the State Government may, by general or special order, 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 State Government may direct, until he can be sent to a Borstal School and the period of detention so undergone shall be treated as detention in a Borstal School. (2) The State Government may order the removal of any young offender from any one Borstal School to another Borstal School established under this Act, or to a Borstal School in any other State in India, provided that the whole period of his detention in a Borstal School shall not be increased by such removal.

(1) No order for the detention in or transfer or the removal to a Borstal School in any other State shall be passed except with the previous concurrence of the officer in charge of such Borstal School and unless the Government of the said State under any law in force therein or by general or special orders 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 detention therein of any person passed by any authority under any enactment in force in any other State in India. 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 5 and the provisions of this Act shall apply to such person accordingly.

(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 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 a young 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 licence in the prescribed form and on the prescribed conditions, permitting him to live under the supervision and authority of such,— (a) officer of Government, (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. (2) The Inspector-General may, subject to the prescribed conditions, discharge any offender, who had been previously granted a licence, but whose licence was subsequently revoked under section 16 and grant him a fresh written licence and in such case, the provisions of this Act shall apply as if such fresh licence had been granted under sub-section (1). (3) A licence 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.

(1) Subject to the prescribed conditions, the Inspector-General may, at any time and in the case of a request made by the institution, society or person, under whose supervision and authority the offender has by licence been permitted to live, shall, after considering the report of the Investigating Committee submitted to him under section 20, revoke a licence granted under section 15, and upon such revocation, the offender shall be detained in a Borstal School until the expiry of the term for which he was ordered to be detained in such school: Provided that, if the Investigating Committee reports that the conduct of the offender has been such that he is unfit for detention in a Borstal School, the Inspector-General shall forward the report of the Investigating Committee to the State Government and the State Government may,- (i) direct the Inspector-General to revoke the licence as provided in this sub-section, or (ii) itself revoke the licence and commute the unexpired residue of detention of the offender to a term of imprisonment as provided under section 11. (2) If an offender removes himself from the supervision of the institution, society or person under which he was by licence permitted to live, his licence shall be deemed to have been revoked from the date on which he has so removed himself. (3) On the revocation of a licence under sub-section (2), the period beginning from the date on which the offender removed himself from supervision till the date on which he is arrested shall, subject to the provisions of section 18, 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 Investigating Committee report that the conduct or progress of any offender detained in a Borstal School has been such that it is expedient that he shall remain under the supervision for a further period after the end of the term of detention, the State Government may direct that the offender 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 the rules made under this Act, may direct. (2) The State Government may, after considering the report of the Investigating Committee, forwarded to it under section 20, direct the offender to be produced before the competent court, together with the report, and the court may, after satisfying itself about the accuracy of the report, 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) if the court is satisfied that the conduct of the offender has been such that he is unfit for detention in a Borstal School, to undergo imprisonment of such description 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.

No person shall be detained in a Borstal School after he has in the opinion of the State Government, attained the age of twenty-three years, or, if in any particular case, the State Government so directs, after he has attained the age of twenty-five years.

The 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 condition as it thinks fit to impose.

(1) The State Government may, by notification, appoint an Investigating Committee. (2) The Inspector-General may, by an order in writing, require any offender,- (a) who is discharged on licence under section 15 or who is placed under supervision under section 17, and who is reported by the authority, institution, society or person, under whose supervision he has been permitted to live or has been directed to remain, to be of bad behaviour; or, (b) who has broken any of the conditions of the licence granted to him under section 15, -to appear before the Investigating Committee within such time and at such place as may be specified in the order. (3) The Investigating Committee shall examine the offender and after making such inquiry as it thinks fit, into his conduct, submit its report to the Inspector-General. If the Investigating Committee reports that the conduct of such offender has been such that he is unfit for further detention in a Borstal School and in every case where an offender had been directed to remain under supervision under Section 17, the Inspector-General shall forward a copy of the report of the Investigating Committee to the State Government. (4) The offender shall, during the period of the proceedings under this section, be detained in a Borstal School or in a special ward or such other suitable part of a prison as the Inspector-General may, by general or special order, direct. (5) If the offender fails to appear before the Investigating Committee in accordance with the order made under sub-section (2) or escapes while detained under sub-section (4), he may, on the request of the Inspector-General, or any officer authorised by him in this behalf, be arrested by any officer of Police without a warrant and without any order of a Magistrate and brought before the Investigating Committee or sent under custody to the place of detention under sub-section (4), as the case may be. (6) The period beginning from the date on which the order under sub-section (2) is passed by the Inspector-General and ending with the day on which the order is passed under section 16 or section 17, shall be excluded in computing the total term of his detention in a Borstal School or in computing the period of one year referred to in section 17.

Any offender, who, in contravention of the provisions of this Act, has escaped from a Borstal School or has escaped from a civil hospital to which he was removed for treatment under section 14 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 licence under section 15, or has committed a breach of any of the conditions imposed under section 19, may be arrested by any officer of the Police without a warrant and without an order of the Magistrate and sent back to the Borstal School or civil hospital or to such authority, institution, society or person, as the case may be.

Subject to the general control and superintendence of the Inspector-General and subject to the rules made under this Act, the control and management of every Borstal School shall vest in a Superintendent appointed by the State Government.

(1) Every Visiting Committee appointed under sub-section (2) of section 3 shall consist of the Sessions Judge, the District Magistrate, the District Educational Officer within whose respective jurisdictions the Borstal School is situated, and four non-official members appointed by the State Government. (2) The non-official members shall hold office for a period of two years, but shall be eligible for reappointment on the expiry of such period. (3) It shall be the duty of the Visiting Committee and its members,— (a) to visit the Borstal School either individually or collectively on such occasions as may be prescribed; (b) to make such suggestions for the improvement of the training therein as are considered necessary and to report to the State 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 suggestions, 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 15, placed before them by the Superintendent. (e) to consider such action as may be necessary in regard to the inmates whose control and detention is about to expire. (4) Every member of the Visiting Committee shall, subject to rules made in this behalf, under this Act, be entitled to call for information, from the Superintendent, to examine the records of the Borstal School and to take such action as he deems necessary for 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 four grades, namely:— (a) the penal grade, (b) the ordinary grade, (c) the star grade, and (d) the special star grade.

(1) The punishment which may be inflicted on an inmate of a Borstal School for offences specified in the Karnataka Prisons Act, 1963, and the rules made thereunder shall be in the following forms and in no other:— (i) formal warning; (ii) extra drill; (iii) deprivation of any of the privileges of the grade; (iv) reduction in grade. (2) No punishment shall be awarded to any inmate by an official of the Borstal School, except by the Superintendent, or in his absence, the official exercising the functions of a Superintendent.

(1) Whoever, contrary to any rule under this Act,— (a) introduces or removes, or attempts by any means whatever to introduce into or remove from any Borstal School, or (b) supplies or attempts to supply to any inmate outside the limits of such school any prohibited article, or (c) being an officer of a Borstal School, knowingly suffers any such article to be introduced into or removed from any Borstal School to be possessed by any inmate or to be supplied to any inmate outside the limits of the Borstal School, or (d) communicates or attempts to communicate with any inmate. shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to two hundred rupees or with both. (2) Whoever abets any offence punishable under sub-section (1) shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to two hundred rupees or with both.

No inmate of Borstal School shall be made to work for more than eight hours a day: Provided that extra drill awarded as a punishment under sub-section (1) of section 25 shall not be deemed, for the purpose of this section, to be work.

(1) For the purposes of appeal and revision under the Code, an order of detention under section 5 of this Act shall be deemed to be a sentence of imprisonment for the same period. (2) Any person aggrieved by an order of the Inspector-General under any provision of this Act, may, subject to the prescribed conditions, appeal to the State Government and the orders of the State Government on such appeal shall be final.

The State Government may, on the recommendation of the Inspector-General and the Visiting Committee or otherwise remove any disqualification incurred by an offender ordered to be detained in a Borstal School on account of such detention.

(1) Where it appears to a competent Court that a person brought before it under any of the provisions of this Act, is a young offender, such Court shall make due enquiry as to the age of that person and for that purpose, shall take such evidence as may be forthcoming and shall record a finding whether a person is a young offender or not, stating his age as nearly as may be. (2) No order of a competent Court shall be deemed to have become invalid merely by any subsequent proof that the person in respect of whom the order has been made is not a young offender and the age recorded by the competent Court to be the age of the person so brought before it, shall for the purposes of this Act, be deemed to be the true age of that person.

(1) The State Government may, by notification, after previous publication, make rules to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely:— (a) regulation, control and management of any Borstal School established under this Act; (b) the appointment, powers and duties of officials in such Schools; (c) the constitution, power and duties of Visiting Committees; (d) the classification, control, discipline, training, instruction and treatment of young 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 communications 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; (i) the removal of offenders to Borstal Schools in other States and the reception and detention in a Borstal School established under this Act of offenders transferred from other States in India; (j) the form and conditions of licences granted under section 15; (k) the supervision of offenders after the expiration of the term of their detention; (l) the transfer of incorrigible offenders from a Borstal School to a prison; (m) the conditions on which an offender may be discharged under section 19; (n) the constitution, procedure, powers and duties of Investigating Committees; (o) the manner of detention of an young offender under arrest or remanded or committed for trial. (3) Every rule made under this section be laid as soon as may after it is made, before each House of the State Legislature while it is in session for a total period of thirty days, which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

The Mysore Borstal Schools Act, 1943 (Mysore Act XLVI of 1943), as in force in the Mysore Area, the Hyderabad Borstal School Act, 1956 (Hyderabad Act XV of 1956), as in force in the Gulbarga Area, the Bombay Borstal Schools Act, 1929 (Bombay Act XVIII of 1929), as in force in the Belgaum Area, and the Madras Borstal School Act, 1926 (Madras Act V of 1926), as in force in the Mangalore and Kollegal Area, are hereby repealed: Provided that section 6 of the Karnataka General Clauses Act 1899 (Karnataka Act III of 1899), shall be applicable in respect of such repeal and section 8 and section 24 of the said Act shall be applicable as if the said enactments are repealed and re-enacted by this Act.