LexThe Telangana Borstal Schools Act, 1925.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA BORSTAL SCHOOLS ACT, 1925.
(ACT NO. V OF 1926)
ARRANGEMENT OF SECTIONS
Sections
PART I.
PRELIMINARY.
1. Short title.
2. Definitions.
3. Establishment of Borstal schools.
4. Rules.
5. Application of the Prisons Act, 1894, and the
Prisoners Act, 1900.
6. Courts empowered under this Act.
7. Procedure when Magistrate is not empowered to
pass sentence under this Act.
PART II.
COMMITTAL TO BORSTAL SCHOOLS.
8. Power of Court to pass sentence of detention in
Borstal school.
9. Limitation on powers conferred by section 8.
10. Power of Inspector General to transfer prisoners to
Borstal school.
10-A. Power of State Government to transfer offenders
sentenced to transportation to Borstal schools.
11. Preliminary inquiry and finding as to age of
adolescent offender.
12. Government to determine the Borstal school to
which adolescent offender shall be sent.
2 [Act No. V of 1926]
13. Removal from one school to another.
13-A. Reception of offenders from, and transfer of
offenders to, other States in India.
14. Transfer of incorrigible etc., to prisons.
PART III.
RELEASE ON LICENCE.
15. Power to release on licence.
16. Form of licence.
17. Revocation of licence.
18. Escape and failure of licence.
19. Absence under licence to be counted towards
period of detention.
PART III-A.
CONTROL AND MANAGEMENT OF BORSTAL
SCHOOLS.
19-A. Management of Borstal schools.
19-B. Constitution, powers and duties of Visiting
Committees.
19-C. Classification of inmates.
19-D. Punishments for offences.
19-E. Limitation of hours of work.
19-F. Investigating Committee to investigate into
complaints against offenders discharged on
probation, etc.
PART IV.
APPEAL AND REVISION.
20. Appeal and revision.
[Act No. V of 1926] 3
PART V.
MISCELLANEOUS.
21. Minimum age-limit of adolescents in areas to which
the Andhra Pradesh (Andhra Area) Children Act,
1920 has not been extended.
21-A. Power of State Government to discharge inmates.
22. Removal of disqualification attaching to convictions
for offences.
THE TELANGANA BORSTAL SCHOOLS ACT, 1925.1
ACT No.V OF 1926.
PART I.
PRELIMINARY.
1. (1) This Act may be called 2[the Telangana Borstal
Schools Act, 1925.]
(2) The 3[State Government] may, by notification from
time to time, apply the whole or any of the provisions of this
Act to adolescent offenders or any class thereof in any local
area in the 2[State of Telangana], from such date as may be
specified in the notification and may cancel or modify by
such notification.
2. In this Act, unless there is anything repugnant in the
subject or context,-
(1) “Adolescent offender ” means any person who has
been convicted of any offence punishable with
imprisonment or who having been ordered to give security
4[under section 106 or section 118] of the Code of Criminal
Procedure has failed to do so and who at the time of such
conviction or failure to give security is not less than 16 nor
more than 21 years of age;
1. The Andhra Pradesh Borstal Schools Act, 1925 in force in the
combined State, as on 02.06.2014, has been adapted to the State of
Telangana, under section 101 of the Andhra Pradesh Reorganisation
Act, 2014 (Central Act 6 of 2014) vide. the Telangana Adaptation of Laws
Order, 2 016, issued in G.O.Ms.No.45, Law (F) Department, dated
01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
3. The words “State Government” throughout the Act were substituted
by the Adaptation of Laws Orders, 1937 and 1950.
4. Substituted for the expression “under section 118 ” by Act XXIII of
1958.
Definitions.
Short title.
2 [Act No.V of 1926]
(2) “Borstal school ” is a corrective institution wherein
adolescent offenders, whilst detained in pursuance of this
Act, are given such industrial training and other instruct ion
and are subjected to such disciplinary and moral influences
as will conduce to their reformation and the prevention of
crime;
(3) “Inspector-General” shall mean the Inspector -
General of Prisons and shall include any officer appointed
by the State Government to perform all or any of the duties
imposed by this Act on the Inspector-General;
5[(3-A) “prescribed” means prescribed by rules made
under this Act];
6[(4) “Probation officer ” means a person appointed to
be a probation officer under 7[the Telangana Probation of
Offenders Act, 1936.]
3. (1) For the purposes of this Act, the State Government
may establish one or more Borstal schools.
(2) For every Borstal School a Visiting Committee shall
be appointed by the State Government.
4. (1) The State Government may after previous
publication make rules for the purpose of carrying into effect
the provisions of this Act.
(2) In particular, and without prejudice to the generality
of the foregoing power, such rules may be made with regard
to,-
5. Inserted by Act XXIII of 1958.
6. Added by the Andhra Pradesh Borstal Schools (Amendment) Act,
1951 (Act XI of 1951).
7. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Establishment of
Borstal schools.
Rules.
Act III of 1937.
[Act No.V of 1926] 3
(a) the appointment, powers and duties of officials in
such schools;
(b) the treatment, maintenance, education, industrial
training and control of the inmates;
(c) the grant of permission to the inmates to absent
themselves for short periods;
(d) visits to and communications with the inmates;
(e) the temporary detention of adolescent offenders
until arrangements can be made for sending them to Borstal
schools;
(f) the powers and duties of pro bation officers under
this Act;
8[(g) the constitution, procedure, powers and duties
of the Investigating Committee.]
(3) All rules made under this Act shall be published in
the Official Gazette and on such publication shall have effect
as if enacted in this Act.
9[XXX]
5. Subject to any alterations, adaptations and exceptions,
made by this Act and the rules framed under it, the Prisons
Act, 1894, and the Prisoners Act, 1900, and the rules framed
thereunder shall apply in the case of every Borstal school
established under this Act as if it were a prison and the
inmates prisoners.
8. Added by Act XXIII of 1958.
9. Sub-section (4) was omitted by Act XIX of 1936.
Application of the
Prisons Act, 1894,
and the Prisoners
Act, 1900.
Central Act 9 of 1894.
Central Act 3 of 1900.
4 [Act No.V of 1926]
6. The powers conferred on Courts by this Act shall be
exercised only by (a) the High Court, (b) a Court of Session,
(c) a District Magistrate, (d) a Subdivisional Magistrate,
10[XXX] and 10[(e)] any Magistrate of the first class or any
bench of Magistrates co nstituted under section 15 of the
Code of Criminal Procedure, 1898, invested with the powers
of a Magistrate of the first class specially empowered by the
State Government in that behalf; and may be exercised by
such Courts whether the case comes before th em originally,
on appeal, or in revision.
7. (1) When any Magistrate not empowered to pass
sentence under this Act is of opinion that an adolescent
offender is a proper person to be detained in a Borstal
school he may, without passing sentence, record such
opinion and submit his proceedings 11[and for ward the
adolescent offender,-
(a) 12[XXX];
(b) 12[XXX] to the District Magistrate or Sub -divisional
Magistrate to whom he is subordinate].
(2) 13[The Magistrate to whom the proceedings are so
submitted] may make such further inquiry (if any) as he may
think fit and may pass such sentence or order dealing wi th
the case as he might have pas sed if such adolescent
offender had originally been tried by him.
10. The expression “(e) a salaried Presidency Magistrate or any other
Presidency Magistrate empowered by the State Government to sit
singly” was omitted by the Andhra Ad aptation of Laws (Amendment)
Order, 1954 and for “f” “e” was substituted.
11. Substituted by the Madras Borstal Schools (Amendment) Act, 1938
(Madras Act XI of 1938).
12. Clause (a) and in clause (b) the words “in other cases” were omitted
by the Andhra Adaptation of Laws (Amendment) Order, 1954.
13. Substituted by the Madras Borstal Schools (Amendment) Act, 1938
(Madras Act XI of 1938).
Procedure when
Magistrate is not
empowered to
pass sentence
under this Act.
Courts
empowered under
this Act.
Central Act 5 of 1898.
[Act No.V of 1926] 5
PART II.
COMMITTAL TO BORSTAL SCHOOLS.
8. Where it appears to a Court having jurisdiction under
this Act that an adolescent offender should, by reason of his
criminal habits or tendencies, or association with persons of
bad character, be subject to detention for such term and
under suc h instruction and discipline as appears most
conducive to his reformation and the repression of crime, it
shall be lawful for the Court, in lieu of passing a sentence of
imprisonment, to pass a sentence of detention in a Borstal
school for a term which shall not be less than two years and
shall not exceed five years 14[but in no case extending
beyond the date on which the adolescent offender will, in
the opinion of the Court, attain the age of twenty -three
years]:
Provided that, before passing such sentence, the Court
shall consider any report or represent ation which may be
made to it 15[(including any report or representation made
by the probation officer of the area in which the offender
permanently resided at the time when he committed the
offence)] as to the suitability of the case for treatment in a
Borstal school and shall be satisfied that the character, state
of health and mental condition of the offender and the other
circumstances of the case are such that the offender is likely
to profit by such instruction and descipline as aforesaid.
14. Added by the Madras Borstal Schools (Amendment) Act, 1936
(Madras Act XIX of 1936) which Act is since repealed.
15. Inserted by the Andhra Pradesh Borstal Schools (Amendment) Act,
1951 (Act XI of 1951).
Power of Court to
pass sentence of
detention in
Borstal school.
6 [Act No.V of 1926]
9. Any person detained in a Borstal school for failure to
furnish security when ordered to do so 16[under section 106
or section 118] of the Code of Criminal Procedure 1898,
shall be released on furnishing such s ecurity or on the
passing of an order under section 124 of the Code.
10. The Inspector General may, subject to rules made by
the State Government , if sati sfied that any adolescent
offender undergoing imprisonment in consequence of a
sentence passed either b efore or after the passing of thi s
Act might with advantage be detained in a Borstal school,
direct that such person shall be transferred from prison to a
Borstal school, there to serve the whole or any part of the
unexpired residue of his sentence. The provisions of this Act
shall thereupon apply to such person as if he had been
originally sentenced to detention in a Borstal school.
17[10-A. 18[(1)] The State Government may, if satisfied that
any offender who has been sentenced to transportation
either before or after the passing of the 19Madras Borstal
Schools (Amendment) Act, 1939, an d who at the time of
conviction was not less than 16 nor more than 21 years of
age, might with advantage be detained in a Borstal school,
direct that such offender shall be transferred to a Borstal
school, there to serve the whole or any part of the unexpi red
residue of his sentence. The provisions of this Act shall
apply to such offender as if he had been originally
sentenced to detention in a Borstal school.
16. Substituted by the Andhra Pradesh Extension of Laws Act, 1958 (Act
XXIII of 1958) . Now see the provisions of the Code of Criminal
Procedure, 1973 (Central Act 2 of 1974).
17. Inserted by the Madras Borstal Schools (Amendment) Act, 1939
(Madras Act XIII of 1939) which Act is since repealed.
18. Renumbered by Act No.3 of 2001.
19. Since repealed by the Madras R epealing and Amending Act, 1951
(Madras Act XIV of 1951).
Limitation on
powers conferred
by section 8.
Power of
Inspector General
to transfer
prisoners to
Borstal school.
Power of State
Government to
transfer offenders
sentenced to
transportation to
Borstal schools.
[Act No.V of 1926] 7
An order may be made under this section
notwithstanding that the sentence of transportation has
been subsequently commuted into a sentence of
imprisonment.]
20[(2) Notwithstanding anything contained in section 8,
the term of detention of an offender who is transferred to the
Borstal School under sub-section (1) shall be for a minimum
period of two years.]
11. (1) Before passing a sentence under section 8 the
Court shall inquire into the age of the offender and, after
taking such evidence (if any) as may be deemed necessary,
shall record a finding thereon stating his age as nearly as
may be.
(2) A similar inquiry shall be made and finding
recorded by every magistrate not empowered to pass
sentence under section 8 before submitting his proceedings
and forwarding an adolescent offen der 21[to 21[XXX] the
District or Sub -divisional Magistrate] as required by sub -
section (1) of section 7.
12. Every adolescent offender directed by a Court to be
sent to a Borstal school shall be sent to such Borstal school
as the State Government may, by general or special order,
appoint for the reception of adolescent offenders so dealt
with by such Court:
Provided that, if accommodation in a Borstal school is
not immediately available for such adolescent offender, he
may be detained in a special ward or such other suitable
20. Inserted by Act No.3 of 2001.
21. Substituted by the Madras Repealing and Amending Act, 1951
(Madras Act XIV of 1951) and the words “the Chief Presidency or other
salaried Presidency Magistrate or ” were omitted by the Andhra
Adaptation of Laws (Amendment) Order, 1954.
Preliminary
inquiry and
finding as to age
of adolescent
offender.
Government to
determine the
Borstal school to
which adolescent
offender shall be
sent.
8 [Act No.V of 1926]
part of a prison as the State Government may direct until he
can be sent to a Borstal sc hool. The period of detention so
undergone shall be treated as detention in a Borstal school.
13. The Inspector-General may at any time order an inmate
to be removed from one Borstal school to another, provided
that the whole period of his detention in a Borstal school
shall not be increased by such removal.
22[13-A. (1) The State Government may, by general or
special order notified in the 23[Telangana Gazette] direct that
any specified Borstal school in this State shall be available
for the reception of adolescent offenders in respect of whom
a sentence of detention in a Borstal school or other school
of a like nature has been passed by any Court or Magistrate
in 24[any other part of India]; and thereupon, provision may
be made for the removal of the adolescent offenders
concerned accordingly:
Provided that no such order shall be made without the
consent of the Government of the other State concerned.
(2) The State Government may direct any inmate of a
Borstal school in this State to be transferred to any Borstal
school or other school of a like nature in 24[any other part of
India]:
Provided that no such transfer shall be made without
the consent of the Government of the other State
concerned.
22. Inserted by the Andhra Pradesh Borstal Schools (Amendment) Act,
1951 (Act XI of 1951).
23. Substituted by G.O.Ms.No.45, Law (F) Department, dated
01.06.2016.
24. Substituted for the words “any other State in India ” by the Andhra
Pradesh Adaptation of Laws Order, 1957.
Removal from one
school to another.
Reception of
offenders from,
and transfer of
offenders to, other
States in India.
[Act No.V of 1926] 9
(3) The State Government may consent to the transfer
to a Borstal school in this State, of a person detained in any
Borstal school or other school of a like nature in 25[any other
part of India.]
(4) The provisions of this Act shall apply to any person
who is removed or transferred to a Borstal school in this
State in pursuance of sub-section (1) or sub-section (3), as if
he had been originally sentenced to detention in a Borstal
school in this State.]
14. Where a p erson detained In a Borstal school is
reported to the State Government by the 26[Superintendent]
of such school to be incorrigible or to be exercising a bad
influence on the other inmates of the school 27[or in the case
of a person directed to be sent to a Borstal school before
the commencement of the 28Madras Borstal Schools
(Amendment) Act, 1936, to be over twenty -three years of
age], the State Government may commute the unexpired
residue of the term o f detention to such term of
imprisonment of either description as the State Government
may determine, but in no case exceeding,–
(a) such unexpired residue, or
(b) the maximum period of imprisonment fixed for the
offence or the failure to give security as the case may be, or
25. Substituted for the words “any other State in India ” by the Andhra
Pradesh Adaptation of Laws Order, 1957.
26. Substituted for the words “Visiting Committee ” by the Andhra
Pradesh Borstal Schools (Amendment) Act, 1951 (Act XI of 1951).
27. Inserted by the Madras Borstal Schools (Amendment) Act, 1936
(Madras Act XIX of 1936).
28. Since repealed by the Madras Repealing and Amending Act, 1951
(Madras Act XIV of 1951).
Transfer of
incorrigible etc.,
to prisons.
10 [Act No.V of 1926]
(c) the maximum period of imprisonment which the
Court that tried him had authority to award under the Code
of Criminal Procedure, 1898, whichever is shortest.
PART III.
RELEASE ON LICENCE.
29[15. (1) Subject to the prescribed conditions the
Inspector-General may, on the recommendat ion of the
Visiting Committee, at any time, after the expiration of six
months from the commencement of the detention of an
offender in a Borstal School, if he is satisfied that there is a
reasonable prob ability that the offender will abstain from
crime and lead a useful and industrious life, discharge him
from the Borstal school and grant him a written licence
permitting him to live u nder the supervision and authori ty of
such,-
(a) officer of the State Government;
(b) secular institution;
(c) religious society; or
(d) responsible person;
as may be approved by the Inspector -General and willing to
take charge of the offender.
(2) The Inspector -General may, subj ect to the
prescribed conditions, discharge any offender who had
been previously granted a licence but whose licence was
subsequently revoked under section 17 and grant him a
fresh written licence and in such case the provi sions of this
29. Substituted by the Andhra Pradesh Extension of Laws Act, 1958 (Act
XXIII of 1958).
Power to release
on licence.
Central Act 5 of 1898.
[Act No.V of 1926] 11
Act shall apply as if such fresh licence had been granted
under sub-section (1).
(3) A licence under this section shall be in force until
the expiration of the term for which the offender was ordered
to be detailed in a Borstal school, unless sooner revoked or
forfeited.]
16. Every licence granted under section 15 shall be in such
form and shall contain such conditions as the State
Government may by rules direct.
30[17. (1) Subject to the prescribed conditions, the
Inspector-General may, at any time, and in the case of a
request made by the officer, institution, society or person,
under whose supervision and authority the offender has by
licence been permitted to live, shall, after consider ing the
report of the Investigating Committee submitted to him
under section 19 -F, revoke a licence granted under section
15, and upon such revocation the offender shall be detained
in a Borstal school until the expiration of the term for which
he was ordered to be detained in such school:
Provided that, if the Investigating Committee reports
that the conduct of the offender has been such that he is
unfit for detention in a Borstal school, the Inspector -General
shall forward the report of the Investigatin g Committee to
the State Government who may,-
(i) direct the Inspector -General to revoke the licence
as provided in this sub-section, or
30. Substituted by the Andhra Pradesh Extension of Laws Act, 1958 (Act
XXIII of 1958).
Form of licence.
Revocation of
licence.
12 [Act No.V of 1926]
(ii) themselves revoke the licence and commute the
unexpired residue of the term of detention of the offender to
a term of imprisonment as provided in section 14.
(2) If an offender removes himself from the supervision
of the officer, institu tion, society or person under wh ich he
was by licence permitted to live, his licence shall be deemed
to have been revoked from the date on which he has so
removed himself.]
18. If any inmate escapes from a Borstal school or if any
inmate absent on licence from a Borstal school removes
himself from 31[the supervision of the officer, institution,
society or person under which he was by licence permitted
to live] or fails to return from such supervision to the Borstal
school, a, police officer not below the rank of a Sub -
Inspector of Police may, without orders from a Magistrate
and without warrant, arrest him and take him back to the
Borstal school and his licence shall be forfeited with effect
from the date of his escape or failure to return as the case
may be.
19. The time during which a person is absent from a
Borstal school under a licence shall be treated as par t of the
term of his detention in the school; provided that where that
person has failed to return to the school on the licence
being forfeited or revoked, the time which elapses after his
failure so to return shall be excluded in computing the term
during which he is to be detained in the school.
31. Substituted by the Andhra Pradesh Extension of Laws Act, 1958 (Act
XXIII of 1958).
Escape and
failure of licence.
Absence under
licence to be
counted towards
period of
detention.
[Act No.V of 1926] 13
32[PART III-A.]
CONTROL AND MANAGEMENT OF BORSTAL SCHOOLS.
19-A. Subject to the orders of the Inspector -General and
subject also to the rules made by the State Government the
control and management of every Borstal school shall vest
in a Superintendent appointed by the State Government.
19-B. (1) (a) Every Visiting Committee appointed under
sub-section (2) of section 3 shall consist of the Sessions
Judge, 33[the District Collector], the District Educational
Officer of the district in which the school is situated and four
non-official members appointed by the State Government.
(b) The non -official members shall hold office for a
period of two years but shall be eligible for reappointment
on the expiry of that period.
(2) It shall be the duty of the Visiting Committee and its
members,-
(a) to visit the school either individually or collectively
on such occasions as may be fixed by the rules made under
this Act in that behalf for the purpose of ensuring that the
provisions of this Act are duly given effect to;
(b) to make such suggestions for the improvement of
the training therein as are considered necessary and to
report to the State Government or to the Inspector -General
from time to time any matter, which, in their opinion, should
receive attention and annually on the progress of the
school;
32. Part III -A was inserted by the Madras Borstal Schools (Amendment)
Act, 1936 (Act XIX of 1936) which Act is since repealed by the Madras
Repealing and Amending Act, 1951 (Madras Act XIV of 1951).
33. Substituted for the words “the District Magistra te” by Act XXIII of
1958.
Management of
Borstal schools.
Constitution,
powers and duties
of Visiting
Committees.
14 [Act No.V of 1926]
(c) to interview the inmates immediately after their
arrival and to make suggestions, if any, as to the special
training which each should receive;
(d) to consider cases of release on licence under
sub-section (1) of section 15 placed before the m by the
Superintendent; and
(e) to consider such action as may be necessary in
regard to the inmates whose term of detention is about to
expire.
(3) Subject to such rules as may be made in that behalf
by the State Government every member of the Committee
shall be entitled to call for information from the
Superintendent, to examine the records of the school and to
take such other action as he deems necessary for the due
discharge of his duties.
19-C. (1) The inmates of a Borstal school shall be divided
by the Superintendent according to their industry and good
conduct into four grades, namely:-
(1) the penal grade,
(2) the ordinary grade,
(3) the star grade,
(4) the special star grade.
(2) The privileges of each grade shall be high er than
those of the grade preceding, if any.
(3) Every inmate shall, on reception in a Borstal school,
be placed in the ordinary grade.
Classification of
inmates.
[Act No.V of 1926] 15
(4) The Superintendent may promote or reduce any
inmate from one grade to another in accordance with the
provisions of sub -section (5), the rules made under this Act
and the general instructions of the Visiting Committee.
(5) Promotions and reductions shall be regulated by
close personal observations of the inmat es and shall
depend specially on their general behaviour, amenability to
discipline and attention to instructions both literary and
industrial.
19-D. (1) The punishments which may be inflicted on an
inmate of a Borstal school for offences specified in the
Prisons Act, 1894, and the rules made thereunder shall be in
the following forms and in no other:-
(i) Formal warning.
(ii) Extra drill.
(iii) Deprivation of any of the privileges of the grade.
(iv) Reduction in grade.
(v) Cuts on the hand by a rattan not exceeding six on
each hand.
34[(vi) [XXX]]
(2) No punishment shall be awarded to any inmate by
any official of the school except by the Superintendent or in
his absence the official exercising his functions.
34. Item (vi) was omitted by Act XXIII of 1958.
Punishments for
offences.
16 [Act No.V of 1926]
19-E. No inmate of a Borstal school shall be made to work
for more than eight hours a day:
Provided that extra drill awarded as a punishment
under sub-section (1) of section 19 -D shall not be deemed
for the purposes of this section, to be work.
35[19-F. (1) The State Government may, by notification in
the Telangana Gazette, appoint an Investigating Committee.
(2) The Inspector-General may, by an order in writing,
require any offender,-
(a) who is discharged on licence under section 15
and who is reported by the officer, institution, society or
person under whose supervision he has been permitted to
live to be of bad behaviour, or
(b) who has committed breach of any of the
conditions of the licence granted to him under section 15, to
appear before the Investigating Committee within such time
and at such place as may be specified in the order.
(3) The Investigating Committee shall examine the
offender and after making such inquiry as it thinks fit into his
conduct, submit its report to the Inspector -General. If the
Investigating Committee reports that the conduct of such
offender has been such tha t he i s unfit for further detent ion
in a Borstal school the lnspector -General shall forward a
copy of the report of the Investigating Committee to the
State Government.
(4) The offender shall, during the period of the
proceedings under this section, be detaine d in a Borstal
school or in a special ward or such other suitabl e place in a
35. Inserted by Act XXIII of 1958.
Limitation of hours
of work.
Investigating
Committee to
investigate into
complaints
against offenders
discharged on
probation, etc.
[Act No.V of 1926] 17
prison as the Inspe ctor-General may, by general or special
order, direct.
(5) If the offender fails to appear before the
Investigating Committee in accordance with the order mad e
under sub -section (2) or escapes while under detention
under sub -section (4), he may, on the requisition of the
Inspector-General or any officer authorised by him in this
behalf, be arrested by any officer of police without a warrant,
and without any ord er of a Magistrate and brought before
the Investigating Committee or sent under custody to the
place of detention under sub -section (4), as the case may
be.
(6) The period commencing from the date on which the
order under sub -section (2) is passed by the Inspector-
General and ending with the date on which an order is
passed by the State Government under section 17, shall be
excluded in computing the total term of his detention in a
Borstal school.]
PART IV.
APPEAL AND REVISION.
20. For purposes of appeal and revision under the Code of
Criminal Procedure, 1898, a sentence of detention under
section 8 of this Act shall be deemed to be a sentence of
imprisonment for the same period.
Any person affected by an order of the Inspector -
General under this Act may appeal to the State Government
whose orders shall be final.
Appeal and
revision.
18 [Act No.V of 1926]
PART V.
MISCELLANEOUS.
21. In areas to which 36[the Andhra Pradesh (Andhra Area)
Children Act. 1920.] has not been extended, the figure 16
appearing in section 2 (1) of the Act shall be read as 15.
37[21-A. The State Government m ay at any time order the
discharge of an inmate of any Borstal school either
absolutely or subject to such conditions as they may think
fit.]
22. The conviction of an adolescent shall not be regarded
as a conviction for the purposes of any disqualification
attaching to a conviction for any offence.
* * *
36. Substituted for the original short title by the First Schedule to the
Andhra Pradesh Laws (Amendment of Short Titles) Act, 1961 (Act IX of
1961).
37. Section 21 -A was inserted by the Madras Borstal Schools
(Amendment) Act, 1936 (Madras Act XIX of 1936).
Minimum age-limit
of adolescents in
areas to which
36[the Andhra
Pradesh (Andhra
Area) Children
Act, 1920] has not
been extended.
Power of State
Government to
discharge
inmates.
Removal of
disqualification
attaching to
convictions for
offences.