Application of the Code of Criminal Procedure, 1898, and the Indian Limitation Act, 1908 and provisions for appeal and revision

The Madhya Pradesh Borstal Act, 1928

General192834 sections

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Statutory text

(1) Subject to the provisions of sub-section
(2) of this section, the provisions of the Code of Criminal Procedure, 1898 (V of 1898)1 relating to appeal, reference and revision, and articles 154 and 155 of the Indian Limitation Act, 1908 (IX of 1908)2, shall apply in the case of an order of detention passed under section 5 as if the order has been a sentence of imprisonment for the same period for which detention was ordered.
(2) Notwithstanding anything contained in section 423 of the Code of Criminal Procedure, 1898 (V of 1898),1 when a person who at the time of his conviction was less than twenty-one years of age has been convicted of an offence, or when such person on being ordered to furnish security for good behaviour has failed to furnish such security, an appellate court or the High Court, in the exercise of its powers of revision, may , in pursuance of sub-section
(1) and the provisions of the Code of Criminal Procedure, 1898 (V of 1898),1 and after making such inquiry as it may deem fit, alter a sentence of imprisonment or an order of commitment to prison under section 123 of the Code of Criminal Procedure, 1898 (V of 1898),1 to an order of detention, if for reasons described in sub-section
(1) of section 5, it considers such alteration expedient, and may alter an order of detention to a sentence of imprisonment or an order of commitment to prison under section 123 of the Code of Criminal Procedure, 1898 (V of 1898),1 as the case may be: Provided that the sentence of imprisonment, order of commitment, 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 Institution under the provisions of section 7 for a period to expire after the term of imprisonment to which he was sentenced would expire, had the order not been passed, may, subject to the provisions of sub-section (5), appeal to the Sessions Judge, and the Session Judge may either confirm the order or set it aside and restore the sentence of imprisonment or if the order is for more than two years reduce it to a term not shorter than two years nor shorter than the residue of imprisonment to which the offender was sentenced.
(4) Any person ordered by a Sessions Judge under the provisions of sub-section (3), to be detained for a period to expire after the term of imprisonment to which he was sentenced would expire, had such order not been passed, may, subject to the provisions of sub-section (5), appeal within thirty days of the order to the High Court and the High Court may pass any such order as the Sessions Judge might have passed.
(5) An appeal shall not lie under sub-section
(3) or sub-section
(4) against a conviction or any finding of fact but only on the ground that the order appealed against is illegal, or unduly severe.

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