Transfer of incorrigibles, etc., to prison

12. (1) Where an offender detained ¹[by a Court] in a Borstal school escapes, or is reported to the ²[³[State] Government] by the Inspector-General to be incorrigible or to exercise ⁴[or to be likely to exercise] a bad influence on the other inmates of the school, ⁵[or to be more than twenty years of age], ⁶[⁷* * * * * * * or is, in the opinion of the ³[State] Government, otherwise unsuitable for training in a Borstal school], the ²[³[State] Government] may commute the unexpired residue of the term of detention to such term of imprisonment of either description as the ²[³[State] Government] may determine, but in no case exceeding the shorter of the following two periods :, (a) the unexpired residue of the term of detention, or

1. (b) the maximum period of imprisonment provided by law for the offence of which the offender was found guilty or 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 ⁸* * * *

1. (2) Such offender may be confined in any prison within the ⁹[State of Maharashtra] by warrant under the hand of a Secretary to ¹⁰[the ²[State] 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.