The 6[7[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.

Courts empowered to pass order for detention 8. The powers conferred on Courts by this Act shall be exercised only by the High Court, a Court of Session, 8 * * * * a salaried Presidency Magistrate, or a Magistrate of the first class and may be exercised by such Courts whether the case comes before them originally, or on appeal or in revision.