The Telangana Borstal Schools Act, 1925

THE TELANGANA BORSTAL SCHOOLS ACT, 1925. (ACT NO. V OF 1926)

(1) This Act may be called the Telangana Borstal Schools Act, 1925.

(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 Telangana, from such date as may be specified in the notification and may cancel or modify by such notification.

(1) For the purposes of this Act, the State Government may establish one or more Borstal schools.

(2) For every Borstal School a Visiting Committee shall be appointed by the State Government.

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 prisoners.

The powers conferred on Courts by this Act shall be exercised only by (a) the High Court, (b) a Court of Session, (c) a District Magistrate, (d) a Subdivisional Magistrate, and (e) 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 specially empowered by the State Government in that behalf; and may be exercised by such Courts whether the case comes before them originally, on appeal, or in revision.

(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,- (b) 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.

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 be less than two years and shall not exceed five years but in no case extending beyond the date on which the adolescent offender will, in the opinion of the Court, attain the age of twenty-three years:

Provided that, before passing such sentence, the Court shall consider any report or representation which may be made to it (including any report or representation made by the probation officer of the area in which the offender permanently resided at the time when he committed the offence) as to the suitability of the case for treatment in a Borstal school and shall be satisfied that the character, state of health and mental condition of the offender and the other circumstances of the case are such that the offender is likely to profit by such instruction and descipline as aforesaid.

The Inspector General may, subject to rules made by the State Government, if satisfied that any adolescent offender undergoing imprisonment in consequence of a sentence passed either before 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. The provisions of this Act shall thereupon apply to such person as if he had been originally sentenced to detention in a Borstal school.

(1) Before passing a sentence under section 8 the Court shall inquire into the age of the offender and, after taking such evidence (if any) as may be deemed necessary, shall record a finding thereon stating his age as nearly as may be.

(2) A similar inquiry shall be made and finding recorded by every magistrate not empowered to pass sentence under section 8 before submitting his proceedings and forwarding an adolescent offender to the District or Sub-divisional Magistrate as required by sub-section (1) of section 7.

Every adolescent offender directed by a Court to be sent to a Borstal school shall be sent to such Borstal school as the State Government may, by general or special order, appoint for the reception of adolescent offenders so dealt with by such Court: 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 Government may direct until he can be sent to a Borstal school. The period of detention so undergone shall be treated as detention in a Borstal school. (ii) themselves revoke the licence and commute the unexpired residue of the term of detention of the offender to a term of imprisonment as provided in section 14. (2) If an offender removes himself from the supervision of the officer, institution, society or person under which he was by licence permitted to live, his licence shall be deemed to have been revoked from the date on which he has so removed himself.

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 of the term of detention to such term of imprisonment of either description as the State Government may determine, but in no case exceeding,–

(a) such unexpired residue, or

(b) the maximum period of imprisonment fixed for the offence or the failure to give security as the case may be, or

(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.

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

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.

In areas to which the Andhra Pradesh (Andhra Area) Children Act. 1920. has not been extended, the figure 16 appearing in section 2 (1) of the Act shall be read as 15.

The conviction of an adolescent shall not be regarded as a conviction for the purposes of any disqualification attaching to a conviction for any offence.

01.06.2016.

Pradesh Adaptation of Laws Order, 1957. Removal from one school to another. Reception of offenders from, and transfer of offenders to, other States in India.

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1. (3) The State Government may consent to the transfer to a Borstal school in this State, of a person detained in any Borstal school or other school of a like nature in 25 [any other part of India.]
2. (4) The provisions of this 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.]

Pradesh Adaptation of Laws Order, 1957.

Pradesh Borstal Schools (Amendment) Act, 1951 (Act XI of 1951).

(Madras Act XIX of 1936).

(Madras Act XIV of 1951). Transfer of incorrigible etc., to prisons.

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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.

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