Amendment status not verified — confirm the current text below against the official source.
No order shall be ma.de under the provision of section 6- {i) until the~time allowed by law for appeal against the sentence or order under which the prisoner is committed to or confined in prison, has expired or, if an appeal has been preferred or a revision is pending until such appeal or revision has been disped of; 011 \ii) if an application made on appeal or other- wise to have the sentence altered into an order of detention, has been rejected by f'D Appellate Court or the High Court; or 4 -. ' t -, ~ of f tBk ~SSAM GA!iirt~, txtRA6R.biNARY, FEB. i6, 1969 (iii) in the case of any person who has been sent to a Reformatory School in accor- dance with the provisions ol the Refor- 135 matory Schools Act, 1897 ; or VII oi 189/. (iv) if the unexpired term of the imprisonment to which the prisoner was sentencec!, or if the period for which security was re- q.uired from him is less than two years; or (v) unless the provisions of sub-section (3) of section 5 have been complied with. A Ii . 8.(1) Subject to the provisions of sub-section (2), the oFt1ec~~od~ provisions of the Code of Criminal Procedure, 1898 v of 1898 of Criminal relating to appeal, reference and revision and Procedure, Article 115 of the Indian Limitation A<:t, 1963, Act 36 of 1~98i dnd shall apply in the case of an order of detention as HJ63. ~-~rd:/~: if the order had been a sentence of imprisonment for A~t, 1 1~63 the same period as the period for which detention and was ordered. provisions ©f appeal ancl revi- sion. l2J J&Notwithst?.nding] :::.nything contained in sec- tion 423 of the Code of Criminai Procedure, 1898, v of 1893• jri case of an adolescent offender, an Appellate Court or the High Court in exercise of its powers of revision, may, in pursuance ol sub-section ( J) anu the provisions ot that Code, and after making such inquiry as it may deem fit, alter sentence of imprisonment or an. order of commitment to prison under section 123 of that Code to an order of detention if, for reasons :mentioned in sub-section (3) of section 5, it considers such alteration expedient and may after an order of detention to a sentence of imprisonment or commit. ment to prison 1Jnder the said section 123, as the case may be: ~ ~ Provided that :- (i) the sentence of imprisonment, order of corn~ mitment or detention shall not be in excess of the powers of the Trial Court or Magistrate; and {ii) bef'ore making such order the Court shall give the said person or his parent or guardian a reasonable opportunity of being heard. (3) Any person who has been ordered to be detained in a Borstal Institution for a period to expire after the term of the imprisonment to which he was • • - 13 6 fHE ASSA.\1 GAZETTE, EXfRAORDL ARY, FEB.' 10, 190°1) sen tenceci would expire had the order not been passed, may appeal to the CQurt of Session, and such Court may either confirm the order or set it aside and restore the sen tence of imprisonment or if the order is for more than ,wo years, reduce it t,, a term not shorter than two year& nor shorter than the residue of imprisonment to which he was sentenced. ( 4) Any person ordered by a Court of Session under the provision of sub-section ( 3) to be detained for a period to expire aft r the term of imprison- m ent to which he was sentenced would expire had such order not been p.i.sse<l. may appeal within sixty days of the order to the High Court and the Hi!!h Court may pass any such order as the Court of Sessions might have passed. Rel~as_e on