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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)

..... paragraph 516-b of the punjab jail manual is not applicable in this case as the petitioner who was an adolescent convict below twenty-one years of age was sent to the borstal institute at hissar for detention in accordance with the provisions of section 5 of the punjab borstal act, 1926. ..... 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 subsequent training in separate institutions. ..... the petitioner being admittedly below 21 years of age at the time of alleged commission offence was sent to borstal institution in accordance with the provisions of punjab borstal act, 1926. ..... and sentenced to imprisonment for life, was sent to the borstal institute in accordance with the provisions of punjab borstal act, 1926. ..... this is evident from the provisions of section 2(1) of punjab borstal act, 1926. ..... it has been further stated 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. .....

Vijay Kumar and ors. Vs. Delhi Administration and ors.

Court : Delhi

Reported in : 1985(9)DRJ261; 1985RLR556

..... (4) we may here notice the relevant provisions of the punjab borstal act, 1926, as extended to the union territory of delhi, vide government of india, home department, notification no. ..... their detention in the borstal ..... (3) the contention of the petitioners is that under the orders of the delhi administration under section 3 of the transfer of prisoners act, 1950 they were transferred to punjab and haryana and that the delhi administration by exercising the powers of the district magistrate under section 6 or section 8 of the punjab borstal act as applicable to the union territory of delhi, had detained the petitioners in the borstal institutions and that on their attaining the age of more than 23 years they were transferred from the borstal jail to the central jail tihar at delhi and that their transfer to the central jail at tihar after .....

Sube Singh and ors. Vs. State of Haryana and ors.

Court : Supreme Court of India

Reported in : AIR1988SC2235; 1989CriLJ297; 1988(3)Crimes500(SC); JT1988(3)SC729; 1988(2)SCALE797; (1989)1SCC235; [1988]Supp3SCR141; 1989(1)LC195(SC)

..... 516-b of the punjab jail manual is not applicable in this case as the petitioner who was an adolescent convict below twenty-one years of age was sent to the borstal institute at hissar for detention in accordance with the provisions of section 5 of the punjab borstal act, 1926. ..... are a batch of writ petitions under article 32 of the constitution raising the common claim of entitlement to the benefit of section 5 of the punjab borstal act, 1926.2. ..... to death and, therefore, the offence of murder would be covered within section 2(4)(i)(a) of the punjab act and to such a conviction the punjab borstal act would have no ..... judgment referred to the definition of 'offence' under section 2(4) of the punjab borstal act which defined 'offence' to mean-an offence punishable with transportation or rigorous imprisonment under the indian penal code other than-(a) an offence punishable with death; the court found that section 302 of the indian penal code provides:whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine' and proceeded to say again 'one of the punishments for the offence of murder .....

Ashok Kumar Vs. Delhi Administration

Court : Delhi

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

..... (5) 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 ..... '(7) 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 ..... 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'). ..... counsel for the state submitted that at any rate his case would not fall under the purview of section 5 of the punjab borstal act. ..... the offences under the opium act and the punjab excise act (now under the narcotic drugs & psychotropic substances act) also fall under this ..... have gone through some of the borstal acts. ..... accepts this fact but informs us that so far no 'institution' under the act has been established in delhi but whenever the need arises the juvenile adults are transferred to punjab for detention in one of the institutions established under the act. .....

Krishan Murari and anr. Vs. State (Delhi Administration)

Court : Delhi

Reported in : 1988(15)DRJ54

..... (3) as one of the questions raised before us is that the appellants ought to have been directed to be detained in a borstal institution under section 5 of the punjab borstal act, 1926 in lieu of the sentence imposed on them, we wanted to hold an inquiry about their ages. ..... under sub-section (2) of section 10 of the punjab borstal act, 1926, an appellate court in exercise of its powers or the high court in exercise of its revisional powers is entitled to alter the sentence of imprisonment if it considers it expedient to do so. ..... thus the learned trial court had the jurisdiction to pass an order under section 5 of the punjab borstal act as extended to the union territory of delhi. ..... 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 age in 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 empowered under section 30 of the code of criminal procedure, 1898, or a magistrate of the first class, or is ordered to give security for good behavior and fails to give such security and when by reason of his ..... the power of the court to pass a sentence of detention in a borstal institution in the case of a convict under 21 years of age in lieu of rigorous imprisonment is provided in section 5 of the act. .....

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

..... 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. ..... 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. ..... 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 serious injuries received by tilak raj.5. in ..... this view of the matter it may not be necessary for us to consider the question of the validity of the provisions of the said act since the petitioner can not claim any relief under the provisions of the said act. ..... from the 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 .....

Jai Prakash Vs. the State

Court : Delhi

Reported in : 1989CriLJ1938; 1988(2)Crimes186; 35(1988)DLT182; 1988(15)DRJ81

..... that the petitioner could not have been transferred from the borstal institution to the central jail, tihar but instead was entitled to be released forthwith because of the provisions of the punjab borstal act, 1926, no longer survives in view of the judgment of the supreme court ..... 11th january, 1988 (since reported in : 1988crilj907 wherein hawa singh's case (supra) was overruled and it was held that 'the punjab borstal act does not have application to an offence punishable under s. ..... the petitioner is not entitled to the benefit of the punjab borstal act as he has been sentenced to imprisonment for life for the offence ..... rigorous imprisonment aggregating to more than 10 years, or (iv) a single sentence of more than 20 years shall be submitted through the inspector general of prisons, punjab for the orders of the state government when the prisoner has undergone a period of detention in jail amounting together with remission earned to 10 years. ..... less than 20 years of age at that time, he was entitled to be released and set at liberty within the ambit of sub-para (b) of paragraph 516-b of the punjab jail manual, as applicable to, delhi, after completing 10 years of r.i. ..... a superintendent, jail may, in his discretion, refer at any time for the orders of the state government through the inspector general of prisons, punjab, the case of any prisoner sentenced to imprisonment for life whose sentence might in the superintendent's opinion be suitably commuted into a term of imprisonment.' 6. .....

Nadeem Vs. State of Nct and ors.

Court : Delhi

..... , air 198.sc 584(2), the supreme court considered the applicability of section 2(4) of the punjab borstal act, 1926 in a case under section 302 ipc. ..... the supreme court held that since one of the punishment for the offence of murder is death, therefore, the offence of murder would be covered within section 2(4)(i)(a) of the punjab borstal act which excludes an offence punishable with death from the definition of offence under this act and punjab borstal act shall have no application to an offence punishable under section 302 ipc.12. ..... appellant who is a victim of murderous assault by respondents no.2 to 4 approaches this court under section 372(proviso) for enhancement of sentence to them as they were released on furnishing bond of good conduct under section 4 of the probation of offenders act, 1958(act of 1958) after having holding them guilty under section 307 indian penal code (ipc).2. ..... as far as quantum of punishment is concerned, i have already held above that provision of section of 4 of the act of 1958 was not applicable in the instant case where the respondent no.3 was held guilty under section 307/34 ipc. ..... , (crl.a.37/2011) decided on 25.05.2011 observed that when an offender is held guilty under section 307 ipc in case an injury has been caused on the person of the victim, the provision of section 4(1) of the act of 1958 will not be applicable. .....

Kamalesh Kumar Sheth Vs. The Inspector of Police, Central Crime Branch ...

Court : Chennai

..... 14.while dealing with a case relating to the punjab borstal act, 1926, this court held that a person convicted under section 302 ipc and sentenced to life imprisonment is not entitled to the benefit of section 5 of the said act as the offence of murder is punishable with death. ..... the himachal pradesh, the rajasthan and the punjab and haryana high courts taking the view that 90 days is the period, have expressed the correct view. ..... " this was accepted by the parliament, and in the 1973 code (act ii of 1974), a total period of 60 days was fixed initially in section 167 cr.p.c, which is as follows: "(2) the magistrate to whom an accused person is forwarded under this section may, whether he has or has not jurisdiction to try the case, from time to time, authorize the detention of the accused in such custody as such magistrate thinks fit, for a term not exceeding fifteen days in the whole; and if he has no jurisdiction to try the case or commit it for trial ..... sube singh's case (supra) was decided under borstal schools act, 1925 after the accused was convicted and sentence was imposed upon him. ..... the provisions of borstal schools act, 1925 are not in pari materia with section 167 cr.p.c. .....

Vignesh Vs. the State of Tamil Nadu.

Court : Chennai

..... dealing with a case relating to the punjab borstal act, 1926, this court held that a person convicted under section 302 ipc and sentenced to life imprisonment is not entitled to the benefit of section 5 of the said act as the offence of murder is punishable with death ..... the high court's view in the impugned order that permissible period of filing of challan is 90 days is the correct view.12.it is held by the punjab and haryana high court in the decision reported in 2011 ..... learned counsel mr.r.gandhi submitted that as far as the decision of the punjab and haryana high court reported in 2011 crl ..... but, the decision of the punjab and haryana high court is quite contrary to the decision rendered by the hon'ble supreme court reported in air 2006 sc ..... the hon'ble punjab and haryana high court had failed to take note of the decision of the hon'ble supreme court and had rendered the decision, which could not be followed.13.following the ratio laid down by the hon'ble supreme court in rajeev chaudhary case, the hon'ble himachal pradesh high court held as follows in the decision reported in 2003 ..... state of punjab 2011 criminal law journal page 3097, the honourable high court of punjab and haryana was pleaded to hold that for the said offence the proviso (a)(ii) of the said ruling reads as follows;11.undisputedly, under section 467 of the indian penal code, court can award sentence for the period less than ..... the punjab and haryana high court appears to have taken a somewhat different view in two .....