section 5
Power of court to pass order of detention in borstal school.
The Kerala Borstal Schools Act, 1961Education196131 sections5 chapters
Part II COMMITTALTO BORSTAL SCHOOLS
Statutory text
- (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.
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