Bare ActsThe ASSAM BORSTAL INSTITUTION ACT, 1968

Section 5

(l) When an adoI

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(l) When an adoI.escent offender is convicted court to for failing to obey an order made by the High Court, make ord~r a court of Session or a court of Magistrate of the first for detent1onclass to give security under section 106 or section 118 or section 126A of the Code of Criminal Procedure, 1898, Act V of or when such offender is convicted by such court 1898. for any offence not punishable with death or imprison- m ent for life and when the court convicting such offender has not passed any order under any of the . provisions of the Probation of Offenders Act, 1958, may Act xx of in lieu of passing a sentence of imprisonment make an 1958." order for the detention of the adolescent offender' in Borstal Institution for a term which shall not be less than two years aIJ.d. more than five years, when the order is made by such Court other than a Magistrate, and shall not be less than two years and more than three years when the order is made by such Magistrate. (2) When any Magistrate not empowered . to make an order under sub-section (l) is'of opinion that in respect of any adolescent offender convicted by him an order should be made under the said sub-section he shall, without passing any sentence, record such opinion and submit thl" records of the case and for· ward the adolescent offender to the Sessions Judge and thereupon the Sessions Judge may either pass an order under sub-section ( 1) or pass such other order or sen· ~ence as the Magistrate might himself have passed, ; t

Section 5 – The ASSAM BORSTAL INSTITUTION ACT, 1968 | DailyLaw.ai