Bombay Borstal Schools Act, 1929, (Maharashtra) Section 12 - Bare Act

(1) Where an offender detained ¹[by a Court] in a Borstal school escapes, or is reported to the ²[³[State] Government] by the Inspector-General to be incorrigible or to exercise ⁴[or to be likely to exercise] a bad influence on the other inmates of the school, ⁵[or to be more than twenty years of age]. ⁶[⁷[* * *] or is, in the opinion of the ³[State] Government, otherwise unsuitable for training in a Borstal school], the ²[³[State] Government] may commute the unexpired residue of the term of detention to such term of imprisonment of either description as the ²[³[State] Government] may determine, but in no case exceeding the shorter of the following two periods :-

(a) the unexpired residue of the term of detention, or

(b) the maximum period of imprisonment provided by law for the offence of which the offender was found guilty or the failure to give security, as the case may be, in consequence of which the offender was ordered to be detained in a Borstal school ⁸[* * *]

(2) Such offender may be confined in any prison within the ⁹[State of Maharashtra] by warrant under the hand of a Secretary to the ¹⁰[³[State] Government] and effect shall be given to such warrant and the sentence of imprisonment passed upon such offender shall be executed in the same manner as if such person had been sentenced by a competent court of criminal jurisdiction.

NOTES

Order passed by State Government without considering relevant facts.-- It is clear that before any order under section 12 can be passed by the State Government, the State Government must be satisfied regarding the existence of the facts mentioned therein. Secondly, the State Government must determine the term of imprisonment within the maximum limit laid by the section, depending on the facts and circumstances of the case. Clear discretion is vested with the State Government which can be exercised only upon application of mind to all the relevant facts and especially taking into consideration the avowed object of the Act namely, the reformation of the offender.- Guntabai Balu Barade v. State of Maharashtra, 1988 (2) Bom. C. R. 663.

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1. These words were inserted by Mah. 21 of 1960, section 11 (1).

2. The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council.

3. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

4. These words were inserted by Bom. 39 of 1948, section 3.

5. The words "or to be more than twenty years of age" were inserted by Bom. 10 of 1932, section 2.

6. This portion was inserted by Bom. 39 of 1948, section 3

7. The words "or where a license granted under section 14 is revoked by the State Government under clause (ii) of the proviso to sub-section (1) of section 15" were deleted by Mah. 21 of 1960. section 11 (2).

8. The words "or ordered to be transferred to and detained in such school by the Inspector-General" were deleted, ibid., section 11 (3).

9. These words were substituted for the words "State of Bombay" by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

10. The words "the Provincial Government" were substituted for the word "Government" by the Adaptation of Indian Laws Order in Council.