Special power of District Magistrate

General192834 sections

Statutory text

(1) When any male person, not less than sixteen or more than twenty-one years of age, has been sentenced for an offence to rigorous imprisonment or transportation and when by reason of such person's criminal habits or tendencies or association with the persons of bad character it is expedient, in the opinion of the District Magistrate, that he should be detained, the District Magistrate may order that such person shall, in lieu of under-going imprisonment or transportation, be detained for a period of two years or, if the unexpired term of his sentence of transportation or imprisonment exceeds two years, for a period equal to the unexpired term : Provided, however, that the period of detention shall in no case exceed five years.
(2) When any male person, not less than sixteen or more than twenty-one years of age, having been ordered to give security for good behaviour and having failed to give such security is imprisoned under sub-section
(1) of section 123 of the Code of Criminal Procedure, 1898 (V of 1898)1, 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 of the District Magistrate, that he should be detained, the District Magistrate may order that the proceedings in his case shall be laid before the Sessions Judge and the provisions of sub-sections
(2) and
(3) of section 6 shall apply as if the proceedings has been referred under that section.

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