Procedure when Magistrate is not empowered to pass sentence under this Act

Education192029 sections

Statutory text

(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) 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.

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