The Tamil Nadu Borstal Schools Act, 1925

1. (1) This Act may be called the "Tamil Nadu Borstal Schools Act, 1925".
2. (2) The State Government may, by notification, from time to time, apply the whole or any of the provisions of this Act to adolescent offenders or any class thereof in any local area in the State of Tamil Nadu, from such date as may be specified in the notification and may cancel or modify such notification.

In this Act, unless there is anything repugnant in the subject or context-

1. (1) "Adolescent offender" means any person who has been convicted of any offence punishable with imprisonment or who having been ordered to give security under section 118 of the Code of Criminal Procedure has failed to do so and who at the time of such conviction or failure to give security is not less than 18 nor more than 21 years of age;
2. (2) "Borstal school" is a corrective institution wherein adolescent offenders, whilst detained in pursuance of this Act, are given such industrial training and other instruction and are subjected to such disciplinary and moral influences as will conduce to their reformation and the prevention of crime;
3. (3) "Inspector-General" shall mean the Inspector-General of Prisons and shall include any officer appointed by the State Government to perform all or any of the duties imposed by this Act on the Inspector-General.
4. (4) "Probation Officer" means a person appointed to be a Probation Officer under the Tamil Nadu Probation of Offenders Act, 1936 (Tamil Nadu Act III of 1937), or under the Probation of Offenders Act, 1958 (Central Act 20 of 1958).

1. (1) For the purposes of this Act, the State Government may establish one or more Borstal schools.
2. (2) For every Borstal school a Visiting Committee shall be appointed by the State Government.

1. (1) The State Government may make rules for the purposes of carrying into effect the provisions of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such rules may be made with regard to-
   • (a) the appointment, powers and duties of officials in such school;
   • (b) the treatment, maintenance, education, professional, vocational or technical training and control of the inmates;
   • (c) the grant of permission to the inmates to absent themselves for short periods;
   • (d) visits to and communications with the inmates;
   • (e) the temporary detention of adolescent offenders until arrangements can be made for sending them to Borstal schools;
   • (f) the powers and duties of probation officers under this Act.
3. (3) All rules made under this Act shall be published in the Official Gazette and on such publication shall have effect as if enacted in this Act. Provided that such rules shall be added as soon as possible after they are made, be placed on the Table of both the Houses of the Legislature and shall be subject to such modifications by way of amendment or repeal as the Legislature may make either in the same session or in the next session.

Subject to any alterations, adaptations and exceptions made by this Act and the rules framed under it, the Prisons Act, 1894, and the Prisoners Act, 1900, and the rules framed thereunder shall apply in the case of every Borstal school established under this Act as if it were a prison and the inmates of prisoners.

The powers conferred on courts by this Act shall be exercised only by-

1. (a) the High Court,
2. (b) a Court of Session,
3. (c) a District Magistrate,
4. (d) a Sub-divisional Magistrate,
5. (e) a salaried Presidency Magistrate or any other Presidency Magistrate empowered by the State Government to sit singly, and
6. (f) any Magistrate of the first class or any bench of Magistrates constituted under section 15 of the Code of Criminal Procedure, 1898, invested with the powers of a Magistrate of the first class.

1. (1) When any Magistrate not empowered to pass sentence under this Act is of opinion that an adolescent offender is a proper person to be detained in a Borstal school he may, without passing sentence, record such opinion and submit his proceedings and forward the adolescent offender-
   • (a) in case the Magistrate is a Presidency Magistrate to the Chief Presidency Magistrate or if he has designated a salaried Presidency Magistrate in this behalf by general or special order, to such salaried Presidency Magistrate; and
   • (b) in other cases, to the District Magistrate or Sub-divisional Magistrate to whom he is subordinate.
2. (2) The Magistrate to whom the proceedings are so submitted may make such further inquiry (if any) as he may think fit and may pass such sentence or order dealing with the case as he might have passed if such adolescent offender had originally been tried by him.

[(1)] Where it appears to a Court having jurisdiction under this Act 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 repression of crime, it shall be lawful for the Court, in lieu of passing a sentence of imprisonment, to pass a sentence of detention in a Borstal school for a term which shall not b= less than two years and shall not exceed five years [but in no case extending b2yond the date on which the adolescent offender will, in the opinion of the Court, attain the age of twenty-three years].

1. (2) Before passing a sentence of detention in a Borstal school under sub-section (I), the court-
   • (a) shall call for a report from the Probation Officer of the area in which the offender permanently resided at the time when he committed the offence and shall consider such report,
   • (b) shall consider any other report or representation which may be made to it, and as to the suitabitv of the case Pot. treatment in; a Borstal school and shall be satisfied that the character, state , of health and rnen!al 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 aforesid.
2. (3) The report of a Probation Officer referred to in sub-section (2) shall be treated as confidential : Provided that the court may, if it so thinks fit, ~m.unicate the substance thereof to the offender and may give him an opportunity of producing such evidence as may be relevant to the matter stated in tbe report].

A. Sentence on ojerzller. nlucndy z~nder. cletetttiotz in Borstnl ScJtools.-When an adolescent offender already undergoing a sentence of detention in a Borstal School is sentenced on a subsequent conviction to detention in a Borstal School for an offence colninitted prior to his detention in the Borstal School, the Court shall direct that the subsequent sentence of detention sllall run concurrently with such previous sentence ot dete~~tion.

Any person detained in a Borstal school for failure to furnish security when ordered to do so under section 1 T8 of fhe Code of Criminal Procedure, 1898.. shall be released on furnishkg such security or on the passing of an older under section 124 of ihe Code*.

The Incpector-General may, subject to rules made by the '[%ate Government], if satisfied tht any adolescent offender undergoing imprisonment in consequence of a sentence passed either bcfore or after the passing of this Act might with advantage be detained in a Borstal school, direct that such person shall be transferred from prison to a Borstal school, there to serve the whole or any part of the unexpired residue of his sentence.

Power of State Government to transfer offenders sentenced to transportation to Borstal schools A. The [State] Ooyerxtmedt may, if -satisfied that any offender who has b-sn sentend to sht, transportation either before .or aRer .the passtug of the Madras Borstal Schools (Amendment) Act, 1939, and who at the time of conviction was '[not less than 181 nor more than 21 years of ag :, nfglt with advan- tag2 be d~tained in a Borstal school, direct that such offender shsU b: transferled to a Borstal school, there to serve the whale or any part of ths unexpired residue of his sentence.

The p:ovisions of this Act shall apply to such offender as if he had b:en or'g'nally sentenced to d::en:ion in a Borstal schsol.

Preliminary inquiry and finding as to age of adolescent offender

1. (1) Before passing a sentence under section 8, the Court shall inquire into the ag: of the offender and, after taking such evidence (~f any) as may be deemed necessary, shall record a finding thereon stating his ag.: as nearly as may b;.
2. (2) A similar inquiry shall b= made and finding record;d bj every mag'strate not empowered to pass sentence unli2r section 8 bzfore subnitting his procee- ding; and forwarding an adolescent offender '[TO the * Chief Prc.;idensy or other salaried * Presidency Magistrate or thc District or Sub-divisional Magis- trale] as required by sxb-section (1) of section 7.

Government to determine the Borstal school to which adolescent offender shall be sent

Provided that, if accommodation in a Borstal school is not immediately available for such adolescent offender, he may be detained in a special ward or such other suitable part of a prison as the '[State Governmen'] may direct until he can b; sent to a Borstal school.

Removal of an inmate to another The Tncpector-General may at any time order an inmate to b: removed from one Borstal school to another. another, provided that the whole period of his detention in a Borstal school shall not bo increased by such removal.

A. (I ) The State Government may, by general or spx'al ord.:r notified in th- Fort St. G2orge G2zette, direct that any spxified borstal school in this S ate shall b= available for the rcccp:ion of adolescent offenders in respect of whom a sen!ence of detention in a Borstal School or other school of a like nature has b:en passed by any Court or Magistrate in *[any other part of India] ; and thereupon, p~ovision may b3 made for the removal of the adolescent offenders concerned accordingly :

Provided that no such order shall b: made without the congent of the Government of the ' [othx S ate conccrnnd or the Central Government, as the case may b:].

1. (2) [Text follows] any Borsial school oibthei skhool of a like nature in '[any other part , of India] : Provided that no such transfer shall be made without the consent of the Government of the ' [other State concerned or the Central Government, as the case may bc].
2. (3) The State Government may consent to the transfer to a Borstal school in this State, of a person detained in any Borstal scliool or other school of a like nature in '[any other part of India].
3. (4) The provisions of tbis Act shall apply to any person who is removed or transferred to a Borstal school in this State in pursuance of sub-section (1) or sub-section (3), as if he had been originally sentenced to detention in a Borstal school in this State].

Where a person detained in a Borstal school is reported to the '[State Government] by the '[Superintendent] of such school to be incorrigible or to be exercising a bad influence on the other inmates of the school '[or in the case of a person directed to be sent to a Borstal school before the commencement of the Madras Borstal Schools (Amendment) Act, 1936, to be over twenty-three years of age], the '[State Government] may commute the unexpired residue

1. (c) the maximum period of imprisonment which the Court that tried him had authority to award under the * Code of Criminal Procedure, 1898, whichever is shortest.

1. (1) Subject to any general or special directions of the '[State Government] the Inspector-General, on the recommendation of the Visiting Committee, may, at any time after the expiration of six months from the commencement of the term of detention, if satisfied that there is a reasonable probability that the inmate will abstain from crime and lead a useful and industrious life, by licence permit him to be discharged from the Borstal school on condition that he be placed under the supervision or authority of any Government officer, or secular institution, or person, or religious society professing the same religion as the inmate, named in the licence who may be willing to take charge of him.
2. (2) A licence under this section shall be in force until the term for which the offender was sentenced to detention has expired, unless sooner revoked or forfeited.

Every licence granted under section 15 shall be in such form and shall contain such conditions as the '[State Government] may by rules direct.

Subject to any general or special directions of the '[State Government] a licence granted under section 15 may be revoked at any time by the Inspector-General and where a licence has been revoked the person to whom the licence related shall return to the Borstal school.

If any inmate escapes from a Borstal school or if any inmate absent on licence from a Borstal school removes himself from the supervision of the society or person in whose charge he is placed or fails to return from such supervision to the Borstal school, a police officer not below the rank of a Sub-Inspector of Police may, without orders from a Magistrate and without warrant, arrest him and take him back to the Borstal school and his licence shall be forfeited with effect from the date of his escape or failure to return as the case may be.

The time during which a person is absent from a Borstal school under a licence shall be deemed as part of the time of his detention in the school; provided that where that person has failed to return to the school on the licence being revoked, the time which elapses after his failure to return shall be excluded in computing the term during which he is to be detained in the school.

A. Subject to the orders of the Inspector-General and subject also to the rules made by the '[State Government] the control and management of every Borstal school shall vest in a Superintendent appointed by the '[State Government].

B. (1)

1. (a) Every Visiting Committee appointed under sub-section (2) of section 3 shall consist of the Sessions Judge, the District Magistrate, the District Educational Officer of the district in which the school is situated and four non-official members appointed by the '[State Government].
2. (b) The non-official members shall hold office for a period of two years but shall be eligible for reappointment on the expiry of that period.

1. (2) It shall be the duty of the Visiting Committee and its members-
   • (a) to visit the school either individually or collectively on such occasions as may be fixed by the rules made under this Act in that behalf for the purpose of ensuring that the provisions of this Act are duly given effect to ;
   • (b) to make such suggestions for the improvement of the training therein as are considered necessary and to report to the '[State Government] or to the Inspector-General from time to time any matter, which, in their opinion, should receive attention and annually on the progress of the school ;
   • (c) to interview the inmates immediately after their arrival and to make suggestions, if any, as to the special training which each should receive ;
   • (d) to consider cases of release on licence under sub-section (1) of section 15 placed before them by the Superintendent ; and
   • (e) to consider such action as may be necessary in regard to the inmates whose term of detention is about to expire.
2. (3) Subject to such rules as may be made in that behalf by the '[State Government] every member of the Committee shall be entitled to call for information from the Superintendent, to examine the records of the school and to take such other action as he deems necessary for the due discharge of his duties.

C.

1. (1) The inmates of a Borstal school shall be divided by the Superintendent according to their industry and good conduct into four grades, namely :-
2. (1) the penal grade,
3. (2) the ordinary grade,
4. (3) the star grade,
5. (4) the special star grade.
6. (2) The privileges of each grade shall be higher than those of the grade preceding, if any.
7. (3) Every inmate shall, on reception in a Borstal school, be placed in the ordinary grade.
8. (4) The Superintendent may promote or reduce any inmate from one grade to another in accordance with the provisions of sub-section (5), the rules made under this Act and the general instructions of the Visiting Committee.
9. (5) Promotions and reductions shall be made by careful personal observation of the inmates and shall depend specially on their general behaviour, amenability to discipline and attention to instructions both literary and industrial.

D.

1. (1) The punishments which may be inflicted on an inmate of a Borstal school for offences specified in the Prisons Act, 1894, and the rules made thereunder, shall be in the following forms and in no other :-
   • (i) Formal warning.
   • (ii) Extra drill.
   • (iii) Deprivation of any of the privileges of the grade.
   • (iv) Reduction in grade.
   • (v) Cuts on the hand by a rattan not exceeding six on each hand.
   • (vi) * * *
2. (2) No punishment shall be awarded to any inmate by any official of the school except by the Superintendent or in his absence the official exercising his functions.

F. Limitation of hours of work. No inmat: of n norstai szhoo! shall he made to work for more than eight. hours a day : ~~~virled that cxtra drill awarded as a punish- mcnt L~l~d~r SLI~-st'ction

1. (1) of section 19-D shall not bc dce8ne!l, for thc purpclses of this section, to be work

F. No inmate of a Borstal school shall be made to work for more than eight hours a day :

Appeal and revision For purposes of appeal and revision under the Code of Criminal Procedure, 1898, a sentence of detention under section 8 of this Act shall be deemed to be a sentence of imprisonment for the same period. Any person affected by an order of the Inspector-General under this Act may appeal to the State Government whose orders shall be final.