DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Punjab Borstal Act, 1926
Act 11 of 1926
Keyword(s):
Borstal Institution, Detained, Inmate, Security of Good Behaviour
1
1926 : Pb. Act XI] BORST4L
THE PUNJAB BORSTAL ACT, 1926.
- CONTENTS
Preamble Sections
1. Short titlc, extent and commencement.
2. Defnytions.
3. Establishment ofBorstaI Institutions.
4. Appointment of Director of Borstal institutions, officers and
visiting committees.
5. Power of courts to pass a sentence of detention in a Borstal Institution in the case of a convict under twenty-one years of
age in lieu of,transpocation or rigorous imprisonment. .
6 . Special powers of District Magistraies.
7. Detention of prisoners confined in the Lahore Borstal Jail.
8. Power of Superintendent of Jail to present prisoner less than 2 1 years of age.before District Magistrate for detention in a Borstal Tnsti tution.
9. When aclion may not be taken under section 8. 1 0. Ayplicat ion of the Code of Criminal Procedure, 1898, and the
Indian Limitation Act, 1908; and provisions for appeal and revision.
11. No person who has been once detained to be detained again.
. -
12. Release on furnishing security. 1 3 . Enquiry to be made regarding the age of the offender before the
passing of an order of detention.
14. Magistrate tu givc grounds of his opinion befare ordering detention.
15. Power to relcase on license.
16. Absence under Iicense lo be counted towards pcriod of detention.
17. Fcrm of license.
18. Suspension and revocatiol~ of licenses.
2
162 BORSTAL 11926 : Pb. Act XI
19. Penalty for escape.
20. Incorrigi bIcs.
21. Inmates appointed officers to be public servants.
22. Extra-muraI custody, control and employment of inmates.
23. Penalty for introduction or removal of prohibited articles into or
from Borstal Institutions and cornrnunication with inmates.
24. Power to arrest for offences under section 23.
25. Publication of penalties. ,
26. Officers-in-charge of Borstal Institutions to detain persons duly committed to their custody.
27. Officers-in-charge of BorstaI Institutions to return orders; etc.,
after execution or discharge.
28. Powers for officers-in-charge ofBorstal Institutions to give effect to orders of certain courts.
29. Warrant of officer of such courts to be sufficient authority.
30. Procedure where Officer-in-charge of Borstal institution doubts ?
the legality of order sent to him for execution.
3 1 . Lunatic inmates, how to be dealt with.
32. ~ p ~ l i c a t i o n to Borstal Institution of certain provisions of the Prisons Act, 1894 and the Prisoners Act, 1900.
32-A. Transfer of inmates to other Slates and vice versa.
33. How punishment ofwhipphg may be inflicted on an inmatc
34. Power to make rules under the Act.
35. Powers of the State Government to vary age limit, and.apply the Act to females.
36. Whipping not to be inflicted on females.
3
1926 :.Pb. Act XI ] BORSTAL
'THE PUNJAJ3 BORSTAL ACT, 1926
PUNJAB ACT XI OF 1926
[Received /he asset/[ of the Governor of the Punjub on the 22nd July, 1926, and that of the Gbverf~or-General on the 16ih Arlgus f, 1926, and was first 'published in lJte Purljab Gazerre of the 27th Augrsi, 1926.1 '
An Act lo make provision for the establishment and regulation of Borstal Institutions in 6paryana] and for the detention and training
1
Year
1926
of adolescent offenders therein.
2
No.
XI
3
Shorttitle The Pun jab Borstal Act, 1926
.
WHEREAS it is expedient to makc provision for the establishment Preamble.
and regulation of Borstal Institutions in 6[Haryana] and for the detention
4
Whcthcr repealcd or orhenvise
&tad by legislation Amended i? pan, Govemmcnl of India (Adaptation ofIndian Laws) Order, 1937. Arncndcd by the Indian (Adaptation of Existing Indian Laws) Order, 1 947 (G.G.O. 16) Amended by-Ad'apralion of k w s Ordcr, I950 Arncnded by ~ d a ~ t a t i o n - o f Laws (Third Amendment ) Ordcr, or 1 95 1
~ r n e n d e d b ~ punjab ~ c t 2 5 of 15164' Amended by Adaptation orhws Ordcr,196SJ Exlcnded to Lhc lerritorics which immcdiatcly bcforc the Is[ Novcmbcr, 1956, were comprised in [he Sk!e of Pariala and East Punjab Sralcs Union by Punjab Act 18 of 1958' Amended by Haryana Aci I I of 1978' 1 . For thc Staremcnl of Objecfs and Reqons, see Purljob Gaett~. . .1926, Part I, Pages 579-80, and for Proceedings in Councc see Punjab Legislative Council Debates, Volumc IX-B, pages 1 11 1-12. It came h o h r c c on Is1 Augut, 1332.
2. See Prrnjah Gazette, 1926, pages 809-15.
3. For Statcmcnt of Objects and Reasons, see Pt~njab Gazerte (Exha.) 1964, Pages 935-37.
4. For Statement of Objects and Reasons, see Alr@b Gazette (Extra.) 1358,
Page 546.
5 . See Haryotio Government Gazette (Exha.) dated 29th October, 1968.
6. Substituted for Ole word "Punjab" by [he Adaptation of Laws Order, 1968.
7. For Statement of objects and reasons, see Ha~yarla Government Gnzerre (Extraordinary) dated 24-2-1 973, Page 200.
4
164 B O ~ A L [I926 : Pb. Act XI and training of adolescent offenders therein; and whereas the previous sanction of the Governor-General under sub-section (3) of section 80-A of the Government of hdia Act has been obtained; It i s hereby enacted as follows :-
Shon title, 1. ( I ) ThisActrnaybecallcdfhePunjabBorstalAct, 1926. extent and
commencement (2) It ex tends to [Haryana] .
(3) It shall come into force [in the principal territories ]
on such date as the 3[S tate] Government may be n o ~ c a t i o n appoint in this behalf 2[and in the transferred territories on the 15 th May,
1958.1
Definitions. 2. In this Act, unless there is anything repugnant in the subject or context,-
(1) "Borstal Institution" means a place in which offenders may be detained under tllis Act and given
sach industeal training and other instruction and subjected to such disciplinary and mord influences as will conduce l o t hcjr reformation; 1
(2) "detained" means detained in, and "detenlion"
means "detention" in a Borstal Institution;
(3) 'cinmate'' means any person ordered to be detained ;
(4) "offence" means-
(i) an offence punishable with transportation or x ~ v rigorous imprisonment under the Indian PcnaI -of Code other than- 1860.
(a) an offence pcnishable with death ;
(71) an offence punishable under Chapter V-A
or Chapter VI of thc said Code ;
1. hsertcd by rhc FIaryana Adaptation of Laws Order, 1968. 3 . Substituted for the word "Provincial" by h e Adaplahon ofLaws Order,
1950.
5
1926: Pb. Act XI 1 BORSTAL 165
m of {ii) an offence punishable with imprisonment under 1867. the Public Gambling Act, 1867 ;
I of (iii) an offence punishable with imprisonment under 1878. the Opium Act, 1878;
I of (iv) an offence punishable with imprisonment under 1914. the Punjab Excise Act, 19 14;
(5) "officer" means an officer of a Borstal Institution
appointed in such manner as may be prescribed ;
(6) "prscribe'd" means prescribed by rules made by the
'[State] Governmeat under. the provisions of, this
Act ;
(7) "security for good behaviour" means security or good behaviour otherwise than for political activities under seciion 109 or section 1 10 of the
Code of Criminal Procedure, 1898;
(8) "Superintendent" means a Superintendent of a BorstaI Institution appointed in such manner as may be prescribed.
3. For the purposes of this Act the '[State] Government may Establishmed
establish one or more Borsial Institutiolls. uf Burs~al Institutions.
4. (2) The '[State] Government shall appoint any person Appojntmcnt
not being a police officer, to be Director of Borslal Institutions, oTDirector of and he shall exercise subject to the orders of the '[State] Insriturions, Govomment, general control and superintendence of all Borstal oRKerr and
hstitutiotls. visiting committees.
(2) For every Borstal Tnsti tution the '[State] Government
shall appoint a Superintendent, and such other officers as may be necessary.
(3) For every Borstal hslilution a visiting committee
shall be appointed in such manner as may be prescribed.
I . Subsritured for the wvrd "Provi~~cial" by the Adaptation oT1.aws Ordcr.
1950.
6
166 RORSTAL [I 926 : Pb. Act XI Powers of
courts to pass
a sentence of
delention in a
Borstal
Institution in
the case of a
convict under
twenty-one
ycars of age in
lieu of
transporntion
or rigorow
imprisonmeni.
Special powers
of Dishct
Magistrates.
5. (1) When any male person less than twenty-one years of
age is convicted of an offence by a court of Sessions, a Magistrate
specially empowered under section 30 of the Code of Criminal Procedure, 1898,or a '[Judicial] Magistrate of the first class, or is 1898.
ordered to give security for good behaviour and fails to give such
security; and when by reason of his criminal habits or tendencies
or associations with persons of bad character i t is expedient in the opinion of the Judge or Magistrate, that he should be detained,
such Judge or Magistrate may in lieu of passing a sentence of transportation or rigorous imprisonment, pass an order of detention of
for a term which shall not be less than tyo ycars and shall not Iggg, exceed seven years when the order is passed by a court of Sessions
or a Magistrate specially empowered under section 30 of the Code of Criminal Procedure, 1 898, and shall not be less than two years nor exc~ed three years, when the order is passed by a '[Judicial]
Magistrate 01 the ris t class not so empowered.
(2) When any [Judicial] Magistrate, not empowered to pass such order, is of opinion that an offender convicted by him is
a pcrson in respect of whom such order shouId be passed in
accordance with the provisions of sub-section (1) he may, without
passing any sentence, record such opinion and submit his
proceedings and forward the accused to the '[Chief Judicial
Magistrate) to whom he is subordinate.
(3) The '[Chief Judicial Magistrate] to whom the proceedings are so submitted may make such Wher enquiry (if any) as he may deem fit and pass such order for the detention of the offender or such other sentencc or order, as he might have passed if the trial had been held by him from its commencement.
6. When any male person less than twenty-one years of age has been sentenced for an offence by a Magistrate to rigorous imprisonment, or when ordered by a Magistrate to give securily,
for good bchaviour has failed to give such 'security, and has been
committed to or conhed in prison and no appeal has been preferred I . Subsrituled by PunJab Act 25 of 1964.
2. Substituted for (he words "District Magishale" by P~mjab Act 25 of
1964.
7
1926 : Pb. Act XI 1 BORSTAL 167 against such sentence or order within the time prescribed by law and
when by reason of such person's criminal habits or tendencies or
association with persons of bad character it is expedient, in the opinion 0-f the District Magistrate, that he should be detained, the District
Magistrate may order that such person shall in lie11 of undergoing
imprisonment be detained for a period not less than two years nor morc
than three years.
7. If it appears to the '[State] Government that any male person, Detention of less than twenty-one years of agc, who, having been sentenced to rigorous p"O1'ers confined in the
imprisonment for an offence or having been committed to or conhed in lahore Borrtal
prison for failing to give security for good behaviour, is at the time of the J,~I- commencement of this Act confined in the Lahore Borstal Jail, should
for the reasons described in sub-section (1) of section 5 be detained, the ' [State] Government may direct that he be detained for a period not exceeding the residue ofhis sentence or of the period for which security
was required, as the case maybe, provided that such order shall be subject as regards the period of detention to any order passed on appeal against or revision of the sentcnce or order of commitment or confincrnent in prison.
8. Whenever it appears to the Superintendent of a Jail that any Power of male person less than twenty-one years of age sentenced to transportation Superintendent
or rigorous imprisonment for an offence or committed to or confined in
present prison for failing to give security for good behaviour should ior the pnroner
reasons dcscnbed in sub-seclion (1) of section 5 be detained, he shall h, 21 years
cause such prisoner to be produced before t he District Magisbatein whose of age before
jurisdiction thc Jail is situated, and if the District Magistrzte after making District
such enquiry as he may deem proper or as may be prescribed is satisfied lor de~ention in a that the prisoner should for the reasons dcscnbed in the said sub-section Borstal be detained, he may order the prisoner to be ren~oved from jail and ~ ~ ~ ~ i ~ ~ ~ i ~ ~ , detained for a period equal to the unexpired term of the lransportation or imprisonment to which he rv3s sentenced, or of the period for which
security was required from him, as the case may be.
9. No order shall be made under the provisions of section 8- When action may not be
(9 until the t h c allowcd by law for the prisoner to appeal taken under
has expired or if an appeal has been preferred until such section 8. appeal has been finally decided; or
1. Subsrituled for the ~vord "Provincial" by Ihe Adaptation of Laws Order, 1950.
8
BORSTAL 11926 : Pb. Act XI
(ii) if an appIication made on appeal or othenvise to
have the sentence altered into an order of detention, has been rejected by an Appellate Court or thc High Court; or
( i i i) in the case of any person who has been sent to a
Reformatory SchooI in accordance with the of
provisions of the Reformatory Schools Act, 1 897. 1197. kpplication of 10. ( I ) Subject to the provisions of sub-section (2) of (his + or
heCodeofCn- section the provisions of the Code of Criminal Procedure, 1898, 1898. ninal Proce-
lure, 1898, and relating to appeal, reference and revision and articles 154 and 155 hc Indian ~ i m i - of the 'Indian Limitation Act, 1908 shall apply in the case of an .ation AC t, order of detention passed under section 5 as if the order had been 1908. 1 908, and a sentence of imprisonment for the same period as the period for 'rOvisiOns for which detention was ordered.
ippcal and ,
.evision. (2) Notwithstanding anything contained in section 423 of the Code of Criminal Procedure, 1898, when a person who at V of
the time of his conviction was less than twenty-one years of agc 1898- I
has been convicted of an offence or when such person on being
ordered to furnish security for good behaviour has failed to furnish sucll security, an appellate court or the High Court in the exercise of its powers of revision, may in pursuance of sub-section (1) and
rhe provisions of thc Code of Criminal Procedure, 1898, and aAer 1898. making such inquiry as it may deem f i t alter a sentence of
impris~nment or an order of commihent to prison under section
123 of the Code of Criminal Procedure to an order of detention, if
for reasons described in sub-section ( I ) of section 5, it considers
such alteration expedient, and may alter an order of detention to a
sentence of imprisonment or an order of commibnent to prison
under section -123 of the Code of Criminal Procedure, as the case may be, provided that the sentence of imprisonment, order of commilment or order of detention, shall not be in excess of the powers of the trial Magistrate or court.
(3) A n y person who has been ordered to be detained in a Borstal lnstitu tian under the provisions of section 6 for a period
-
1. Now see Limitation Act, 1963.
9
1926 : Pb. Act XI ] ~omnt 7 69
to expire after theterm ofimprisonment to which he was sentenced would
expire had the orders not been .passed may, subject to the provisions of , sub-seclion (.), appeal to the Sessions Judge, and the Sessions Judge
may either confirm the order or set i t aside 2nd rcsrore the sentence of
imprisonment or if the order is for more than two years reduce it to a
. [em nol shorter than two years nor shoner than the residue of
iirtprjs~fimen: to which tie aEeridci WE sentenced.
(4) Any person ordcred by a Sessions Judgc under the
provisions of sub-section (3) to be dctained for a period to expire after
fhe rem of inlprisonment to which he was sentenced would expire had such order not been passed, may, subject to the provisions of sub-section
(9, appeal within thirty d a y of the order to the High Court and the High
Court may pass any such ordcr as the Sessions Judge might have passed.
(5) An appeal shall not lie under sub-section (3), or sub-section
(4) sgainst a conviction or on any finding of fact but only on the ground that the order appealed against is illegal or unduly severe.
11. No person who has been previously detained for the whole NO person who period prescribed in an order of detenlion or who has been transferred to has been once
jail undcr scction 20 of this Act, shall again be ordered to be detained. to be delained again.
12. Any person detaincd for failure to fuhish sccurity shall be Release on released 01-1 fbmishing such security. hmishing
sccurity,
13. (1) Before passing an order of detention 'under this Act the Enquiry to be
Magistratc, District Magistrate or Court, as the case may be, shall enquire made regarding or cause enquiry to be madc into the question of thc age or the oEender, the "ge of the
offender before and after taking such evidencc (if any) as may be deemed necessary or
proper shall record a finding thereon. an order of
(2) A similar enquiry shall be made and finding recorded by detention. every Magistrate no1 empowered to pass an ordcr of detention under this Act before submi tling his proceedings and fonvarding the accused to
the Disbict Magistrate as required by sub-section (2) of scction 5 of this
Act.
14. When any Magistrate, Dis tnct Magistrate or Court orders an Magistrate to
offender to be detained, he or it, as the case may- bc, shalL record the give ground' of his opinion grounds of his or its opinioi! that i t is expedient Lhat the offender be ordering
detained. derention.
10
170 BORSTAL (1926 : Pb. Act Xi Power to releasc 15. Subject to any gcneral or special directions of the '[State] On license- Government the visiting committee with the sanction of- the Director of
Borstnl lnstiktions may at any time after the expiration of one-third of
the period of detention, or of two years, whichever is shorter, if satisfied
that the inmate is likely to abstain from crime and lead a useful and
industrious life, by license permit him to be discharged from the Borstal Institution on condition that he be placed under the supervision or authority of any ?[Government officcrj or (secular) institution or person or religious society (professing the same religion as the inmate ) named in the license who may be wilIing to take charge of him. A license granted
under this section shall be in force until the term for which the inmate was ordered to be detained has expired unless sooner suspended, revoked
or forfeited. Absence under 16. The time during which an inmate is absent under license from license to be a Borstal Institution shall be reckoned as part of the period of detention. counted
towards period \
of deten tion.
Form of liccnse. 17. Every license granted under the provisions of section 15 shall
be in such form and shall contain such conditions as the l[State) , Goveinment may, by general or special order, direct. Suspension and 18. Subject to any general or spccial directions of the '[Slate] revocation of Government, a license granted under section 1 5 may be suspended for a
licenses. period not exceeding three months by the Superintendent of a Borstal Institution or revoked at any time by the visiting committee on the
recommendation of the Director of Borstal Institutions. Where the license / of any inmate has been suspended or revoked he shall return to the Borstal
Institution and if he fails to do so he may be arrested without warrant and taken to the institution.
PenaIty for - 19. If any inmate escapes from a Borstal hstitutibn before the
escape. cxpiry of the period for which he was ordered to be detained or if any inmate absent on license from a Borstal Institution escapes from the s~pervision zu!hority .;of any Go1:e~rnent cficer or (seculzr) institldtic~! or person or religious society in whose charge he was placed or fails on
the suspension or revocation of his license to return to the Borstal
Institution, he may on ccnvictiin 2jo n zagis:ratc be punishcd with
1. Substituled fdr the word "Provincial" by the Adaptation of Laws Ordw, 1950.
2. Substiruted for the words "Servants of rhc Crown" by h e Adaptation of Laws (Thud Amendment) Ordcr, 195 1.
11
1926 : Pb; Act XI 1 B O R ~ A L 171
., ,
impriso&ent of either description for a term which may ex tend to - two years or with fine or with both, and his license shall be forfbitcd
with effect from the date of his escape or failure lo return, as the case may be.
An offence under this section shall be deemed to be a of cognizable offence within the definition of that t m in the Code 1898. ofCriminalProcedure, 1898. .
' 1 : '
20. Where an inmate is reported to the '[State] Government Incorrigiblcs. by the visiting committee to be incorrigible or to be exercising a bad influence on the other inmates of the institution or is convicted
, under section 19 of this Act, or is reported by the Superintendent to have committed an offence .which has been declared to be a
major Borstal Institution. offence by ~ l e s ,made by the, [State] ~oven-hent in pursuance of lhk provisions of sub-section (14) of :, section 34 of thig Act, thel[$tate] Gbvernment miy commute the residue of the term of detention to such term of imprisonment of either description not exceeding such residue as the '[State]
Government may direct, and may.order the trans-fer of the inmate to any jail in '[Haryana] in order to cofnp1ek the said term of
imprisonment.
XLV 21; lirnates who have -been appointed as officers shall be Inmates appointed of deemed to be public senrants within thedefinition of that tern in aRiccr be
. .
1860- the Indian Penal Code. , , , public servants.
22. An inmate when being &en to or fiom aily Borstal E~~~ mural
Institution in which he may be lawfully detained or whenever he is custody,
working outside or is *thenvise beyond the Limits of any such csnboland employment of
, .. Borstal Institution in or under the lawful custody or conk01 of an . mmates.
. , oflicer belqnging to such Borstal Institution shall be deemed to, be
under deteniion and shall be subject to all the same incidents ac if he were actually in a Borstal Institution.
, -
23: ' ~ ' h o e v e r , c ontrary to any h l e underJ section 34, Penalty for intro-
. . inroduces' ori removcs, .or attempts by any means whatever to duction or
I ' ' of prohibited articies introduce orrerndk, into or'frorn ari$~arst;il Institution, br supplies into or BoEtal
or attempts to supply to any inmate outside the limits of such Inslihltions and ,
inmates.
1. Substituted for the word "Provincial" by the Adaplation of Laws Order, 1950.
2. Substituted for the words "Punjab",hy-lht; H Q a m Adaplation of Laws Order,
1965.
12
172 B O R ~ A L 11926': Pb. Act XI. and every officer of a Borstal Institution who contrary to any such iuIe, knowingly suffers any such ariicles to be introduced into 'sr removed
from any Borstal Institution to be possessed by ally inmate,, or to be. .
sr~pplied to any inmate outside iIle linlils of Borsle! Insti!ution, - ,
z i d whgever chntraqr to any such n~le communicates cr attempts
to cornmupicate with agy inmate,
and whoever abets any offence made punishabIe by this section, shall on conviction I[* ,* *.* *] be liable to imprisonment for a 'term not exceeding six months or to fine not exceeding two hundred rupees or to both. .
Powcr to 24. When any person, in the presence of any officer of a Borstal - arrest for Institution commits any offence specified in the foregoing section, and
udcr refwes on demand of sich officer to state his name and' residence, or section 23. gives a name or residence which such officer knows, or has reason to
believe, lo be false, such officer may arrest him, and shall without
urinecessary delay makc him over to a police-officer, and thereupon such police-officer shali proceed as'if the offence had been coinmilled in his
presence. i Publication of 25. The Supenntendcnt shall cause to be affixed, in a conspicuous
penalties. place, outside,the Borstal Institution, a notice in English and the Vernacular setting forth thc acts prohibited under section 23 and the
penaI tics incurred by their commission. . -
Ijfficer-in charge 26. The office-incharge of a ~oistal Institution s h d receive and
'
of Borstal , . . Insti- detain all pasons duly committed to his custody under this ~ c t i c ~ o r d i ~ g ' *
Iutions detain to the directions contained' in the order by which such person has been persons duly
committed co heir -.committed or until such person is dischq'ed or rernbikd in due course
.of law. m t d y I , . ! , . -
Of% cers-in- charge 27. The officer-in-charge of a Borstal Institution shall forthwith : :.
oIBonlal Ingitu; after the execution of every such order as aforesaid or ;fie> the discharge
liori"0- return of the person c6mmilted thereby, rehlm such order to the Magistrate, pders3 e t c - j ~is lr i i t Magistrate or Cmrt by which the same was issued orm;dc,
execution or dis-
charge. - together kith a certificate endorscd thereon and signed by him, showing how the same has been executed or why the person committed thereby' - has been discharged from detention before the execution thereof.
I. The words "belbrt: Magistrate" omitted by Punjab Act 25 of 1964.
13
1926 : Pb. Act XI j B O R ~ L 1 73
'128. Officers-in-charge of BorstaI hsti tution may give effect to Powers for any order for the detenlion of any person passed or issued- oficers-in-
charge of (a) by any Coun or Tribunal in a Part A State or a Pari C BonW
Sthte; or lnstitutiom to
(b) by any Court or Tribunal outside India acting under the give effect to
authority of the Central Govznment ; or orders of ~ ~ " 0 i L t collrs. (cj by any Court or 'Sribunal in a Part B State if the reception and detention in the 2paryana] of person ordered to be
detained by such Court or Tribunal is authorized by the
State Govement by a general or ,special ordcr ; or
- (d) before the 26th January, 1950, by any Court or Tribunal
in any acceding State if----
(Q the presiding Judge or, if the Court or Tribunal consisted of two or more Judges, at least one of the
Judges, was an oficer of the Government authorized co sit as such Judge by the State or the Ruler thereof or by the Cen traI Government ; and
(ii) the reception or detention in the Province of persons
detained by any such Court or Tribunal has been
authorized by general or special order by the Provincial Government.]
29. An order under the official signature of an officer of such Court Warrant of or Tribunal as is referred to in section 2 8 shall be su Eciht au,~ority for officers of such detaining any person, in pursuance of the order passed upon him. Courts to bc
sufficient
authority.
30. (1) Where an officer-in-charge of a Borstal .Institution doubts Procedure
the legality of an order sent to him for execution, or the competency of where ~ffcer- in-charge of the person whose official seal or signature is armed thereto to pass the Borsral hti- orderheshall refer thematterto the3[State] Governmentbywhoseorder ,,,tiondoubts on the case he and all other public officers shall be guided as to the the legaliq of
future disposal of the inmate. order sent to
him for
execution.
I. Substituted far rhe old section by the Adaptation of Laws (Third Amendment) Order, of 195 1 .
h i e :- The old scction had becn parlIy amcnded by the Indian Independence (Adaptation of Befigal and Punjab Acts) Order 01 1948 (G.Ci.O.40).
2. Substitu~ed for the word "Punjab" by Adaptalion of laws Order, 1968.
3. Subslihrted Tor the word "Provincial" by the Adap~a\ion of Laws Order, 1950.
14
174 BORSAL 11926 : Pb. Act XI
(2) Pending a reference made under sub-section (I), the
inrna~e shall be detained in such manner, and with such restrictions or mitigations as may be specified in the warrant order. L w tic
immales, how ru bc dcal; with.
31. ( I ) Wherc i l appears to the '[State] Government that any person detained under any order is of t~nsound nlind, the '[Stztc]
Govenlnle~lt may order his removal to a Iunatic asylum or other
piace of safe custody within the 'LState], there to be kept and treated
as the '[State] Government directs during the remainder of the term for which he has been ordered to be detained or, if on the expiration
- of fhzt term it is certified by E medical oF~ccr that it is necesshy
for the safety o f the inmate or others that he should be fiuther - detaincd under medical care or t reahmt , then until he is discharged according to law.
(2), where it appears to the '[State] Government that an
inmate so kept and treated has become of sound mind, the '[State]
Guvenuncnt shall, by a w a n k t directed to the person having charge of the inmate, ifstill liable to be detained, remand him to the Borstal
Institution fram which he was removed, or to another ~ o A t a 1 I Institution within the Z[State] or, if he is no longer liable to be/
detained, order him to be discharged. ,
(3) The provisions of section 3 1 of the Indian Lunacy Act, 1 91 2, shall apply to every person confined in a lunatic asylum under sub-section (1) after the expiration of the term for which he was IV of ordered to be detained ; and the time during which an inmate is 1912- confined in a lunatic asylum under that sub-section shall be
reckoned as part of the term of detention which he may have been
ordered to undergo.
(4) In any case in which a '[Slate] Government is competent
under sub-section ( I ) to order the removal of an b a t s to a lunatic asylum or other placc of safe custodywithin the '[State], the '[State] Government may order his removal to any such asylum or place
1. Substituted for the word "Provincial" by the ~ d a ~ t a l i o n ' 01 Laws Order, 1950.
2. Substituted for the word "Province" by the Adaptation of Laws
Ordcr, 1950.
15
1926 : Pb. Act XI J ~ R S T A L 175
within '[any other State] by agreement with 2[the Government of such other State] and the provisions of this section respecting the
custody, detention, rcrnand and discharge of an inmate removed
under sub-scction [ I ) shall, so far as they can be made applicable,
apply to an inmate removed under this sub-section.
U: of 32. S u b k t to the provision of section 33 of this Act, the Application In 1894, provisions of section 12 and Chapter XI of the Prisons Act, 1894 Borstal hiitution of and of sections 35 to 50 (inclusive) and the rules made by the ceruin '[Statel Government, j[ * * * * * * *] under section 51 of the pro++ions of m hr Prisoners Act, lS)UO, shall apply as far as may be to Borstal the Prisons 1900. Institutions established under this Act, and all reference to prisoners, A c l 1894 and
imprisonment or confinement in the said sections, chapters and he p"soners Act, 1900. rules shall be consmed as referring to inmates, Borstal Institutions and detention.
4[32A. ( I ) The State Govemment or any oficer authorized Transfer of
by i t in this behalf may direct any inmate to be hansferred from irimales to other any Borstal Institution within the State to any Borstal Institution Sta tc and vice lYTSf7.
or any institution of the Iike nature in any oher State to which he
belongs, with the consent of the Govement of that State or any officer authorized in this behalf by that State Government.
(2) The State Government or any officer authorized by it in this behalf may, by general or special order, provide for the reception in a Borstal Institution within the State of an h a t e belonging to the State of Haryana from the Borstal Institution or an institution of the like nature in any other State where the Government of that State or any officer authorized in this behalf by that State
Government makes an order for such transfer, and upon such 1 . Substituted for the words "any other Province or within any Indian State" by rbe Adaptation of Laws (Third Amendment) Order, 195 1.
2. Substituted for the words " the Govemment of such other Province or wilh &at Slate or the Ruterthcreof, as h e case may be," by the Adapwtion of Laws (Third Amendment) Order of 195 1.
3. 'Ihe words "or the Governor General" wcre omitted by the Government of lndia (Adaplation of Indian Laws) Order, 1937. 4, lnserted by Haryana Acl 11 or 1978.
16
176 B O ~ A L [I926 : Pb. Act XI How punish-
ment of whip-
ping may be
infhcted on an
intimate.
Power'to .make
rules d e r the
Act. -
transfer the provisions of this Act shaII apply to such inmate aslf he had
been originally ordered to be detained under this Act.]
33. For the purpose of punishing Borstal Institution offences,
whipping shall be inflicted upon the palm of the hand only.
34. The '[State] Government may make rules after previous
publicatioi~ consistent wiih I h i s Act- ( I ) for the regulation, management and classification of Bnrstat Institutions established under this Act and the description
and construction of wards, cells and other places of
detention ;
(2) for the regulation by number or otherwise of the h a t e s to be detained in each class of institution ;
(3) for defining the powers and duties of the Director of Rorstal
Instititions ;
(4) for the Government of Borstal ~nstitutions, and the
I
appointment, guidance, control, punishment and dismissal of Superintendents and other officcrs employed in Borstal Institutions, and for the defining of their responsibilities, duties, disabilities and powers ;
(5) for the maintenance of records, and the preparation and submission of reports ;
.(6) for the selection and appointment of inmates as inmate officers Ad their reduction and dismissaI and for defining
the responsibilities, duties and powers of such oficers ;
(7) for 'the temporary detention of inmates until arrangements cam be made for their admission to Borstal Institutions ;
(8) for the admission, removal and discharge of inmates and for
the disposal of their effects during their detention ;
(9) for feeding, clothing and bedding of inmates ;
(10) for the custody, discipline, grading, treatment,education, training and conlrol of inmates ;
1. Substihiled For lIle word "Provincial" by h e Adaptation of La~vs Order, 1950,
17
1926 : Pb. Act XI 1 L U ~ KSTA I, 177 (1 1 ) for the ernploymen[, i~~slruction a d control or inmates within
or without Borstal lnstitutigns, thc disposal of l l~e procecds of their labour ; . ,
( I 4 for the treatlnent o f sick inmates ;
(13) for classifying and prescribing the forms of education, instruction, employment and labour and regulali~~g the periods of rest ;
(14) (0 for defining the acts, which shall constitute Borstal Institution offences ;
(ii) for determining the classilication of Borst a1 institution offences into major and minor offences ;
(iiu for fixing the punishment admissible under this Act
which shall be awardable for commission of Borslal Institution offe,nces or classes thercof ,, . ;
(ill) for declaring the c~umstmces in which acts constituting
both a Borstal Institution offence and an offence under the Indian Penal Code may or may not be dcalt with as
Borstal Institution offence ;
(v) for the award of marks and the shortening of periods of
detention ;
(vi) for regulating the use of arms against any inmare or body
. of inmates and the use orrenew in the case of an outbreak
, ..
or attempt to escape ;
(vig lor defining 'the circurnitances and regulating the
conditions under which inmates in danger of death may be released ;
(viii) for regulati rig the transler fiom one part or ' [the whole of India except Part B States] to another of jnmatcs whose , l em of detention i s ahout to expire ;
115) for d e f ~ n g articles the iqtroduction or removal of which
into or 'out of Borstal institutions withoht due authority is
prohibited ;
(1 6) for the classification and the separation of inmates ;
(1 7) for rewards for good conduct ; '. ;
1. Subslitutcd for [he words "I3r1tish India" by [he India (Adap~arion aC
Exisline Indian Laws) Ordcr. 19.17 (G.G.O. 16) and by the Adaptat~on or Laws
Ordrr. 1950.
18
178 BORSTAL [I 926 : Bb. Act XI (1 8) for regulating the transfer of inmates fiom one Borstal lnstituion to another or to an hospital or asylum and from a Borstal
Institution to a prison or kom a prison or to a borstaI Institution *
(19) for the treatment, transfer and disposal of criminal lunatics
or recovered criminal lunatics, confined in Borstal Institutions ;
(20) for regulating the transmission of appeals and petitions from
inmates and their communications with their fiends ;
(21) for the appointment q d guidance of visitors of Borstal
Institutions ;
, .
(22) for prescribing conditions on which licenses may be grantd, suspended, revoked or cancelled ;
(23) ' for the appointment, powers and control of parole officers;
. . . a (24) . for defining the powers and duties of after care societies and guardians a d t h e conditions on which fmanciaI assistance may be given to them ;
(25) for the appointment of visiting committees ; and
(26) generally for aH purposes consistent with this Act. I
Poyer or h e 35. The '[State] Governmen1 after giving by nolification in the State Oficial Gazette not less than three months notice of its intention to do Govemrncnt to
vary agc Iimit,
and ro apply
the Act to
females.
Whipping not
to bc inflicted on females. so may, by Iike notification-
( I ) direct that the provisions of sections 5 , 6 and 8 shall extend to
. . persons under such age not less than twenty-one nor more Ulan twenty-three as may be specified in the direction and upon
' such direction being notified the said sections shall whilst the direction is in force have effect as if the specified age were
substituted for twenty-one;
(2) direct that the provisions of sections 5 , G and 8 shall extend to
females, and upon such direction being notified the said
sections shall whilst the direction is in force have effect as if the word "male" were omitted.
36. ~otwi ' thstandin~ the bf clause (2) of section 35 the
punishment orwhipping shall not at any time be inflicted upon a female for a Borstal Institution offence.
. . . 1. Substituted for the word "Provincial" by the Adaptation of Laws Ordcr, 1950.
19