Judgment Search Results Home > Cases Phrase: borstal school act 1963 Page 8 of about 37,336 results (0.100 seconds)

Hava Singh Vs. State of Haryana and anr.

Court : Supreme Court of India

Reported in : AIR1987SC2001; 1987CriLJ1919; JT1987(3)SC375; 1987(2)SCALE345; (1987)4SCC207; [1987]3SCR1061; 1987(2)LC600(SC)

..... would defeat the very object and purpose of the act of providing for detention of young offenders in borstal school for the purpose of reformation and rehabilitation of such ..... detention order under section 5 of the said act is not imprisonment and borstal school where the adolescent offender is detained is not ..... vallabhapuram ravi : 1984crilj1511 has observed that 'a person detained in a borstal school under section 10-a has to be released after he has served the full term of 5 years of detention or on his ..... 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 major borstal institution offence by rules made by the state government in pursuance of the provisions of sub-section (14) of section 34 of this act, the state government may commute the residue of the terms of detention to such term of imprisonment of either description not exceeding such ..... that he is entitled to be released both under the punjab borstal act as well as under paragraph 516-b of the punjab jail manual and has therefore prayed for his pre-mature release as provided under the punjab borstal act and also under paragraph 516-b of the punjab jail manual. ..... it appears from the objects and reasons of punjab borstal act, 1926 that the object of the act is to provide for segregation of adolescent prisoners from those of more mature age, and their .....

Viswanathan Nair Vs. State of Kerala

Court : Kerala

Reported in : 1982CriLJ1701

..... the reformatory process envisaged in the concept of a period of detention in the borstal school will not be effective unless after release from the borstal school the adolescent could find for himself a respectable berth in society. ..... one of us, the acting chief justice, on his visit to the borstal school on the 8th of january of this year was told by the inmates that there is scarcely any facility for such training intended to rehabilitate them. ..... we are mentioning this here only to alert the home department of the government to bestow kind and compassionate attention to the borstal school, as the government is in law bound to, particularly with a view to consider what rehabilitative training could be introduced in the borstal school at the earliest.2. ..... for the present we are concerned with what we should do to viswanathan nair, who is released from the borstal school yesterday and who is before us today. .....

In Re: Nondi Alias Chinnaswami

Court : Chennai

Reported in : AIR1938Mad653; (1938)1MLJ761

..... under these circumstances, to remove any doubt that may exist in the minds of the borstal school authorities or others as to the effect of sentences imposed during the currency of a term already being served and because the accused is already serving a term of three years, the sentences passed under c.c. ..... the borstal act does not contain a provision corresponding to section 397, criminal procedure code, and so a sentence of detention in a borstal school must take effect at once and cannot be postponed. ..... the sub-divisional magistrate passed an order that the accused should be detained in a borstal school for a period of one year in each case, the two sentences to run consecutively and to take effect after the expiry of the three years' sentence passed on 24th february, 1934.2. ..... the accused was already under sentence of detention in a borstal school for three years upon an order passed on the 24th february, 1934; and he was serving that sentence when the matter came before the sub-divisional magistrate for orders in c.c. ..... if the sub-divisional magistrate had read section 8 of the borstal act before passing his order, he would have seen that he could not pass a sentence for detention for a lesser period than two years. ..... as he thought that the accused should be dealt with under the borstal act he referred the case to the sub-divisional magistrate of chidambaram for orders under section 8 of that act. .....

M. Jayanth Kumar Reddy Alias Jayanth Vs. State of Andhra Pradesh

Court : Andhra Pradesh

Reported in : 1993CriLJ3875

..... ordered that the accused be sent to the borstal school, we feel that the sending of the accused to borstal school is in conformity with the provisions of the act 53/86. ..... hence the accused-appellant shall be kept in borstal school till he completes 20 years of age and for serving the remaining sentence of imprisonment, the provisions mentioned in the code of criminal procedure shall be followed. 15. ..... to send the accused to borstal school as it is the duty of the govt. .....

Savita Kumari (Ms) Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : 1993CriLJ1590; 1993(3)Crimes446(SC); JT1993(2)SC104; 1993(1)SCALE420; (1993)2SCC357

..... contents of the review petition it can be seen that tho petitioner sought review not only on the ground of legality of the conviction but also on the question of sentence namely that he should have been sent to the borstal school as he was aged only 21 years then. ..... 322 of 1988 was filed under article 32 of the constitution of india questioning the vires of the provisions of the punjab borstal act on the ground that they are inconsistent with and are violative of articles 14 and 21 of the constitution. ..... having regard to the nature of the injuries on all the three accused, p.ws and the deceased, we find that the plea taken by the petitioner that he acted in self-defence to save himself, his father and tilak raj appears to be probable and the view taken by the high court that the injuries could have been self-inflicted is unreasonable particularly in the light of ..... in this writ petition the provisions of the punjab borstal act, 1926 have been challenged on the ground that they are inconsistent with and are violative of articles 14 and 21 of the constitution by ms. ..... it appears that during the pendency of the appeal before the high court, sham lai filed a petition to take action under the punjab borstal act, 1926 but the same was dismissed. ..... the high court also observed that whole of defence version is a concoction and there are some of the police officers who supported them by their acts of commissions and omissions. .....

Ashok Kumar Vs. Delhi Administration

Court : Delhi

Reported in : 1988(1)Crimes839; 34(1988)DLT271; 1988(14)DRJ263

..... before parting with the case, we consider it our duty to highlight an admitted fact at the bar that in delhi the courts are rarely exercising their powers to pass an order of detention in a borstal institution in the case of a convict under 21 years of age in lieu of rigorous imprisonment awarded for offences, to which the punjab borstal act, 1926, as extended to the union territory of delhi has application. ..... the system of detaining delinquents who are juvenile adults, in reformatories has been in force by virtue of the punjab borstal act, 1926 in punjab and in other parts of the country under different state acts for over half a century. ..... that section reads : '5.powers of courts to pass a sentence of detention in a borstal institution in the case of a convict under twenty-one years of again lieu of transportation or rigorous imprisonment (1) when any male person less than twenty-one years of age is convicted of an offence by a court of session, a magistrate specially ..... an adolescent being below 21 years of age, the sentence of life imprisonment awarded to him ought to have been altered to detention up to a maximum period of seven years in a borstal institute as provided under section 5 of the punjab borstal act, 1926 (hereinafter called 'the act'). ..... a boy who has not attained the age of 16 years or a girl who has not attained the age of 18 years is to be tried by childrens court and if found guilty, has to be lodged in special schools or homes as envisaged under that act. .....

Chagalamarri Subbaiah and ors. Vs. State Rep. by Its Public Prosecutor

Court : Andhra Pradesh

Reported in : 2010CriLJ655

..... in similar manner.the calcutta high court further held that:the appellant who is now definitely above 20 years of age cannot be sent to any borstal school under the provisions of west bengal children act and juvenile justice act. ..... children act and presently reaching more than 28 years of age there was no point referring back to the borstal school and while maintaining the conviction, quashed the sentence and ..... by directing the juvenile court to deal with a-2 at this stage since by now he would have definitely above 25 years of age and therefore, he cannot be sent to any borstal school under the provisions of the juvenile justice act. ..... at the date when he appears or is brought before the court is under the age of sixteen years, may be tried by the court of a chief judicial magistrate, or by any court especially empowered under the children act, 1960 (60 of 1960), or any other law for the time being in force providing for the treatment, training and rehabilitation of youthful offenders.therefore, it was obligatory on the part of the learned magistrate to refer the ..... has been initiated against a juvenile in conflict with law or a child in need of care and protection and during the course of such inquiry the juvenile or the child ceases to be such, then notwithstanding anything contained in this act or in any other law for the time being in force, the inquiry may be continued and orders may be made in respect of such person as if such person had continued to be a juvenile or a child.thus .....

P.Valli Vs. 1.State of Tamil Nadu,

Court : Chennai

..... order of the respondent no.2, in no.17/bdfgissv/2014 daetd 28.03.2014 and quash the same and direct the respondents to produce the detenu namely vinothkumar @ kili vinoth @ killi karthick son of pandi, aged about 19 years detained in borstal school, pudukottai before this court and set him at liberty forthwith. ..... 3.the superintendent of prison, borstal school, pudukottai district. ..... 3.the superintendent of prison, borstal school, pudukottai district. .. ..... the reason for immediate consideration of the representation is too obvious to be stressed - the personal liberty of a person is at stake and any delay would not only be an indifferent act on the part of the authorities, but would also be unconstitutional, violating the right enshrined under article 22(5) of the constitution of india of a detenu to have his representation considered with reasonable expedition. ..... the detenu has come to the adverse notice of the police in two cases, were registered against him in crime nos.106 and 107/2014 under sections 147, 294(b), 506(ii) ipc and section 3 of tnppdl act and 147, 148, 294(b), 353, 332, 307 and 506(ii) ipc respectively on the file of b6 jaihindpuram police station. ..... , s/o.pandi, is a 'goonda' and there is a compelling necessity to detain him inorder to prevent him from indulging in such further activities in future, which are prejudicial to the maintenance of public order under the provisions of the tamil nadu act 14 of 1982. ?.3. .....

Durst Vs. United States

Court : US Supreme Court

..... court of appeals for the fourth circuit syllabus petitioners, youth offenders, pleaded guilty to various federal offenses and, under 5010(a) of the federal youth corrections act (yca), were given suspended sentences and placed on probation, which was conditioned on payment of fines and, in one instance, on making restitution. ..... a discussion of the similarities between the borstal system and the yca, see note, the federal youth corrections act: past concern in need of legislative ..... the core concept of the yca, like that of england's borstal system upon which it is modeled, [ footnote 3 ] is that rehabilitative treatment should be ..... that those sentenced to commitment merit a fine as punishment, while those sentenced to probation do not, it conflicts with the basic purpose of the act to accord youth offenders rehabilitative treatment rather than retributive punishment. ..... and flexible treatment programs was the borstal system which the act emulated. ..... as follows: "[the borstal system] now embraces ..... [ footnote 5 ] the act provides that committed youth "shall undergo treatment in institutions of maximum security, medium security, or minimum security types, including training schools, hospitals, farms, forestry and other camps ..... [ footnote 4 ] both the borstal system and the yca incorporate three features thought essential to the operation of a successful rehabilitative treatment program: flexibility in choosing among a variety of treatment settings and programs tailored to individual needs; [ .....

Kunwar Bahadur and ors. Vs. State of Uttar Pradesh

Court : Supreme Court of India

Reported in : 1980CriLJ831; 1983(2)Crimes216(SC); 1983(1)SCALE672; (1979)4SCC494; 1980Supp(1)SCC339; 1979(11)LC885(SC)

..... life imprisonment and is below the age of 21 years he should be sent to borstal school where he cannot be detained for more than five years. ..... is concerned, he appears to be only 15 years at the time when the occurrence took place and it appears that when he was sent to prison the jailor referred him to the sewa sadan under section 7 of the united provinces borstal act, 1938 under this section where a prisoner is sentenced for transportaion i e. .....