B. RAJENDRAN & P.N. PRAKASH, JJ.

This Special Bench has been constituted to untie the Gordian knot and answer the following questions which arose under the Tamil Nadu Borstal Schools Act, 1925 (for brevity “the Borstal Schools Act”).

PART - I

(Referred by a 3 Judge Bench comprising A.Selvam, B.Rajendran & P.N.Prakash JJ.)

1. Whether a Court is empowered to act under Section 8 of the Tamil Nadu Borstal Schools Act only upon arriving at a finding of conviction?

2. Whether the term “imprisonment” in Section 8 of the Tamil Nadu Borstal Schools Act, would include “imprisonment for life”?

3. Whether the decision rendered by the Full Bench of this Court in K. Thangammal vs. State, (2008) 1 MLJ (Crl.) 832 requires to be re-considered in view of the decision of the Hon'ble Supreme Court in the case of Kamalanantha and others vs. State of Tamil Nadu reported in (2005) 5 SCC 194?

PART – II

(Referred by P.N. Prakash, J.)

1. Whether the Tamil Nadu Borstal Schools Act, 1925 casts a duty upon the Court to examine whether an adolescent offender, who is convicted, would be entitled to the benef