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Bombay Borstal Schools Act, 1929 Complete Act

State: Maharashtra

Year: 1929

.....(2) For every Borstal School, a visiting committee shall be appointed in such manner as may be prescribed. SECTION 05: APPLICATION OF THE PRISONS ACT, 1894, AND THE PRISONERS ACT, 1900. Subject to any alterations, adaptations, and exceptions made by this Act and the rules framed under it, the15Prisons Act. 1894, and the15Prisoners Act, 1900 and the rates framed thereunder shall apply in the case of every Borstal School established under this Act as if it were a prison16[the inmates prisoners and the Principal Superintendent]. SECTION 06: COURT MAY PASS ORDER FOR DETENTION IN A BORSTAL SCHOOL When an offender is found guilty of an offence for which he is liable to be sentenced to transportation or imprisonment, or is liable to imprisonment for failure to furnish security under Chapter VIII of the Code of Criminal Procedure 1898, whether any previous conviction is proved against him or not, and it appears to the Court - (a) that the offender is not less than sixteen or, in any district or place in which17[the Bombay Children Act 1948, the Central Provinces and Berar Children Act, 1928 or the Hyderabad Children Act, 1951], is not in operation less than fifteen, nor more than.....

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

Title: Transfer of Incorrigibles Etc., to Prison

State: Maharashtra

Year: 1929

.....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. _________________ 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.....