S.1 Short title, extent and commencement.

       (1) This Act may be called the Punjab Borstal Act, 1926.
       (2) It extends to 1[the territories specified in sub-section (1) of section 5 of the Punjab Reorganisation Act, 1966]
       (3) It shall come into force on such date as the 2[State Government] may by notification appoint in this behalf.

S.2 Definitions.

       In this Act unless there is anything repugnant in the subject or context,-
       (1) "Borstal Institution" means a place in which offenders may be detained under this Act and given such industrial training and other instruction and subjected to such disciplinary and moral influences as will conduce to their reformation;
       (2) "detained" means detained in, and "detention" means detention in a Borstal Institution;
       (3) "inmate" means any person ordered to be detained;
       (4) "offence" means-
       (i) an offence punishable with transportation or rigorous imprisonment under the Indian Penal Code other than-
       (a) an offence punishable with death;
  

S.3 Establishment of Borstal Institutions.

       For the purposes of this Act the 1[State Government] may establish one or more Borstal Institutions.
       
       1. Subs. for the expression Central Government (which was subs, for State Government by A.O. 1968) by A. O. 1973. The word State was subs, for the word Provincial by Adaptation of Laws Order, 1950.

S.4 Appointment of Director of Borstal Institutions, Officers and Visiting Committees.

       (1) The 1[State Government] shall appoint any person not being a police officer, to be Director of Borstal Institutions, and he shall exercise subject to the orders of the 1[State Government], general control and superintendence of all Borstal Institutions.
       (2) For every Borstal Institution the 1[State Government] shall appoint a Superintendent, and such other Officers as may be necessary.
       (3) For every Borstal Institution a visiting committee shall be appointed in such manner as may be prescribed.
       
       1. Subs. for the expression Central Government (which was subs, for State Government by A.O. 1968) by A. O. 1973. The word State was subs, for the word Provincial by Adaptation of Laws Order, 1950.

S.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 sessions, a Magistrate specially empowered under section 30 of the Code of Criminal Procedure, 18982; or a 1[Judicial Magistrate of the first class], or is ordered to give security for good behaviour and fails to give such security, and when by reason of his criminal habits or tendencies or associations with persons of bad character it is expedient in the opinion of the Judge or Magistrate, that he should be detained, such Judge or Magistrate may, in lieu of passing a sentence of trans portation or rigorous imprisonment, pass an order of detention for a term which shall not be less than two years and shall not exceed seven years when the order is passed by a court of Sessions or a Magistrate specially empowered under section 30 of the Code of Criminal Procedure, 18982, and shall not

S.6 Special powers of District Magistrates.

       When any male person less than twenty-one years of age has been sentenced for an offence by a Magistrate to rigorous imprisonment, or when ordered by a Magistrate to give security for good behaviour has failed to give such security, and has been committed to or confined in prison and no appeal has been preferred against such sentence or order within the time prescribed by law and when by reason of such persons criminal habits or tendencies or association with persons of bad character it is expedient, in the opinion of the District Magistrate, that he should be detained, the District Magistrate may order that such person shall in lieu of undergoing imprisonment be detained for a period not less than two years nor more than three years.

S.7 Detention of prisoners confined in the Lahore Borstal Jail.

       If it appears to the 1[State Government] that any male person, less than twenty-one years of age, who, having been sentenced to rigorous imprisonment for an offence or having been committed to or confined in prison for failure to give security for good behaviour, is at the time of the commencement of this Act confined in the Lahore Borstal Jail, should for the reasons described in sub-section (1) of section 5 be detained, the 1[State Government] may direct that he be detained for a period not exceeding the residue of his sentence or of the
       period for which security was required, as the case may be, provided that such order shall be subject as regards the period of detention to any order passed on appeal against or revision of the sentence or order of commitment or confinement in prison.
      

S.8 Powers of Superintendent of Jail to present prisoner less than 21 years of age before District Magistrate for detention in a Borstal Institution.

       Whenever it appears to the Superintendent of a Jail that any male person less than twenty-one years of age sentenced to transportation or rigorous imprisonment for an offence or committed to or confined in prison for failing to give security for good behaviour should for the reasons described in subsection (1) of section 5 be detained, he shall cause such prisoner to be produced before the District Magistrate in whose jurisdiction the Jail is situated, and if the District Magistrate after making such enquiry as he may deem proper or as may be prescribed is satisfied that the prisoner should for the reasons described in the said sub-section be detained, he may order the prisoner to be removed from jail and detained for a period equal to the unexpired term of the transportation or imprisonment to which he was sentenced, or of the period for which security wa

S.9 When action may not be taken under section 8.

       No order shall be made under the provisions of section 8-
       (i) until the time allowed by law for the prisoner to appeal has expired or if an appeal has been preferred until such appeal has been finally decided ; or
       (ii) if an application made on appeal or otherwise to have the sentence altered into an order of detention, has been rejected by an Appellate Court or the High Court;
       or
       (iii) in the case of any person who has been sent to a Reformatory School in accordance with the provisions of the Reformatory Schools Act, 1897 (VIII of 1897).

S.10 Application of the Code of Criminal Procedure, 1898, and the Indian Limitation Act, 1908, and provisions for appeal and revision.

       (1) Subject to the provisions of sub-section (2) of this section the provisions of the Code of Criminal Procedure, 18981, relating to appeal, reference and revision and articles 154 and 155 of the Indian Limitation Act, 19082, shall apply in the case of an order of detention
       passed under section 5 as if the order had been a sentence of imprisonment for the same period as the period for which detention was ordered.
       (2) Notwithstanding anything contained, in section 423 of the Code of Criminal Procedure, 18981, when a person who at the time of his conviction was less than twenty-one years of age has been convicted of an offence or when such person on being ordered to furnish
       security for good behaviour has failed to furnish such security, an appella

S.11 No person who has been once detained to be detained again

       No person who has been previously detained for the whole period prescribed in an order of detention or who has been transferred to jail under section 20 of this Act, shall again be ordered to be detained.

S.12 Release on furnishing security.

       Any person detained for failure to furnish security shall be released on furnishing such security.

S.13 Enquiry to be made regarding the age of the offender before the passing of an order of detention

       (1) Before passing an order of detention under this Act the Magistrate, District Magistrate or Court, as the case may be, shall enquire or cause enquiry to be made into the question of the age of the offender, and after taking such evidence (if any) as may be deemed necessary or proper shall record a finding thereon.
       (2) A similar enquiry shall be made and finding recorded by every Magistrate not empowered to pass an order of detention under this Act before submitting his proceedings and forwarding the accused to the District Magistrate as required by sub-section (2), of section 5 of this Act.

S.14 Magistrate to give grounds of his opinion before ordering detention.

       When any Magistrate, District Magistrate or Court orders an offender to be detained, he or it, as the case may be, shall record the grounds of his or its opinion that it is expedient that the offender be detained.

S.15 Power to release on license.

       Subject to any general or special directions of the 1[State Government] the Visiting Committee with the sanction of the Director of Borstal Institutions may at any time after the expiration of one-third of the period of detention, or of two years, whichever is shorter, if satisfied that the inmate is likely to abstain from crime and lead a useful and industrious life, by license permit him to be discharged from the Borstal Institution on condition that he be placed under the supervision of authority of any 2[Government Officer] or secular institution or person or religious society (professing the same religion as the inmate) named in the license who may be willing to take charge of him. A license granted under this section shall be in force until the term for which the inmate was ordered to be detained has expired unless sooner suspended, revoked or forfeited.
    &nbs

S.16 Absence under license to be counted towards period of detention.

       The time during which an inmate is absent under license from a Borstal institution shall be reckoned as part of the period of detention.

S.17 Form of license.

       Every license granted under the provisions of section 15 shall be in such form and shall contain such conditions as the 1[State Government] may, by general or special order, direct.
       1. Subs. for the expression Central Government (which was subs, for State Government by A.O. 1968) by A.O. 1973. The word State was subs. for the word Provincial by the Adaptation of Laws Order 1950.

S.18 Suspension and revocation of licenses.

       Subject to any general or special directions of the 1[State Government] a license granted under section 15 may be suspended for a period not exceeding three months by the Superintendent of a Borstal Institution or revoked at any time by the Visiting Committee on
       the recommendations of the Director of Borstal Institutions. Where the license of any inmate has been suspended or revoked, he shall return to the Borstal Institution and if he fails to do so he may be arrested without warrant and taken to the institution.
       1. Subs. for the expression Central Government (which was subs, for State Government by A.O. 1968) by A.O. 1973. The word State was subs. for the word Provincial by the Adaptation of Laws Order 1950.

S.19 Penalty for escape.

       If any inmate escapes from a Borstal Institution before the expiry of the period for which he was ordered to be detained or if any inmate absent on license from a Borstal Institution escapes from the supervision or authority of any Government Officer or (secular) institution
       or person or religious society in whose charge he was placed or fails on the suspension or revocation of his license to return to the Borstal Institution, he may on conviction by a Magistrate be punished with imprisonment of either description for a term which may extend to two years or with fine or with both, and his license shall be forfeited with effect from the date of his escape or failure to return, as the case may be.
       An offence under this section shall be deemed to be a cognizable offence within the definition of th

S.20 Incorrigibles.

       Where an inmate is reported to the 1[State Government] by the Visiting Committee to be incorrigible or to be exercising a bad influence on the other inmates of the institution or is convicted under section 19 of this Act, or is reported by the Superintendent to have committed an offence which has been declared to be a major Borstal Institution offence by rules made by the 1[State Government] in pursuance of the provisions of sub-section (14) of section 34 of this Act, the 1[State Government] may commute the residue of the term of detention to such term of imprisonment of either description not exceeding such residue as the State Government may direct, and may order the transfer of the inmate to any jail in 2[the territories specified in sub-section (1) of section 5 of the Punjab Reorganisation Act, 1966], in order to complete the said term of imprisonment.
 &n

S.21 Inmates appointed officers to be public servants.

       Inmates who have been appointed as officers shall be deemed to be public servants within the definition of that term in the Indian Penal Code.

S.22 Extra-mural custody, control and employment of inmates.

       An inmate when being taken to or from any Borstal Institution in which he may be lawfully detained or whenever he is working outside or is otherwise beyond the limits of any such Borstal Institution in or under the lawful custody or control of an officer belonging to such
       Borstal Institution shall be deemed to be under detention and shall be subject to all the same incidents as if he were actually in a Borstal Institution.

S.23 Penalty for introduction or removal of prohibited articles into or from Borstal Institutions and communication with inmates.

       Whoever, contrary to any rule under section 34, introduces or removes, or attempts by any means whatever to introduce or remove, into or from any Borstal Institution or supplies or attempts to supply to any inmate outside the limits of such Institution any prohibited article, and every officer of a Borstal Institution who, contrary to any such rule, knowingly suffers any such articles to be introduced into or removed from any Borstal Institution to be possessed by any inmate, or to be supplied to any inmate outside the limits of Borstal Institution, and whoever contrary to any such rule communicates or attempts to communicate with any inmate, and whoever abets any offence made punishable by this section, shall on conviction 1[*****] be liable to imprisonment for a term not exceeding six months or to fine not exceeding two hundred rupees or to both.
      &

S.24 Power to arrest for offences under section 23.

       When any person, in the presence of any officers of a Borstal Institution commits any offence specified in the last foregoing section, and refuses on demand of such officer to state his name and residence, or gives a name or residence which such officer knows, or has
       reason to believe, to be false, such officer may arrest him, and shall without unnecessary delay make him over to a police-officer, and thereupon such police-officer shall proceed as if the offence had been committed in his presence.

S.25 Publication of penalties.

       The Superintendent shall cause to be affixed, in a conspicuous place, outside the Borstal Institution, a notice in English and the Vernacular setting forth the acts prohibited under section 23 and the penalties incurred by their commission.

S.26 Officers-in-charge of Borstal Institutions to detain persons duly committed to their custody.

       The Officer-in-charge of a Borstal Institution shall receive and detain all persons duly committed to his custody under this Act according to the directions contained in the order by which such person has been committed or until such person is discharged or removed in due course of law.

S.27 Officers-in-charge of Borstal Institutions to return orders, etc., after execution or discharge.

       The officer-in-charge of a Borstal Institution shall forthwith, after the execution of every such order as aforesaid or after the discharge of the person committed thereby, return such order to the Magistrate, District Magistrate or Court by which the same was issued or made, together with a certificate endorsed thereon and signed by him, showing how the same has been executed or why the person committed thereby has been discharged from detention before the execution thereof.

S.28 Powers for officers-in-charge of Borstal Institutions to give effect to orders of certain Courts.

       Officers-in-charge of Borstal Institutions may give effect to any order for the detention of any person passed or issued-
       (a) by any court or Tribunal in a [Part A State] or a [Part C State] ; or
       (b) by any Court or Tribunal outside India acting under the authority of the Central Government ; or
       (c) by any Court or Tribunal in a [Part B State] if the receiption and detention in the Punjab of persons ordered to be detained by such Court or Tribunal is authorised by the 2[State Government] by a general or special order ; or
       (d) before the 26th January, 1950, by any Court or Tribunal in any acceding State if-
       (i) the presiding Judge or, if the Court or Tribunal consisted of two or more Judges,

S.29 Warrant of Officers of such Courts to be sufficient authority.

       An order under the official signature of an officer of such Court or Tribunal as is referred to in section 28 shall be sufficient authority for detaining any person, in pursuance of the order passed upon him.

S.30 Procedure where officer-in-charge of Borstal Institution doubts the legality of order sent to him for execution.

       (1) Where an officer-in-charge of a Borstal Institution doubts the legality of an order sent to him for execution, or the competency of the person whose official seal or signature is affixed thereto to pass the order he shall refer the matter to the 1[State Government] by whose
       order on the case he and all other public officers shall be guided as to the future disposal of the inmate.
       (2) Pending a reference made under sub-section (1), the inmate shall be detained in such manner, and with such restrictions or mitigations as may be specified in the warrant or order.
       1. Subs. for the expression Central Government (which was subs, for State Government by A.O. 1968) by A.O. 1973. The words State was subs, for the word Provincial by the Adaptation of Laws

S.31 Lunatic inmates, how to be dealt with.

       (1) Where it appears to the 1[State Government] that any person detained under any order is of unsound mind, the 1[State Government] may order his removal to a lunatic asylum or other place of safe custody within the 2[State], there to be kept and treated as the 1[State Government] directs during the remainder of the term for which he has been ordered to be detained or, if on the expiration of that term it is certified by a medical officer that it is necessary for the safety of the inmate or others that he should be further detained under
       medical care or treatment, then until he is discharged according to law.
       (2) Where it appears to the 1[State Government] that an inmate so kept and treated has become of sound mind, the 1[State Government] shall, by a warrant direct to t

S.32 Application to Borstal Institution of certain provisions of the Prisoners Act, 1900.

       Subject to the provision of section 33 of this Act, the provisions of section 12 and Chapter XI of the Prisons Act, 1894, and of sections 35 to 50 (inclusive) and the rules made by the
       
       PUNJAB BORSTAL AC T, 1926 14
       1[State Government] 2[****] under section 51 of the Prisoners Act, 1900 shall apply as far as may be to Borstal Institutions established under this Act, and all reference to prisoners, imprisonment or confinment in the said sections, chapters and rules shall be construed as referring to inmates, Borstal Institutions and detention.
       1. Subs. for the expression Central Government (which was subs. for State Government by A. O.1968) by A.O. 1973. The word State was subs. for the word Provincial by Adaptation of L

S.33 How punishment of whipping may be inflicted on an inmate.

       For the purpose of punishing Borstal Institution offiences, whipping s hall be inflicted upon the palm of the hand only.

S.34 Power to make rules under the Act.

       The 1[State Government] may make rules after previous publication consistent with this Act-
       (1) for the regulation, management and classification of Borstal Institutions established under this Act and the description and construction of wards, cells and other places of detention ;
       (2) for the regulation by number or otherwise of the inmates to be detained in each class of institution;
       (3) for defining the powers and duties of the Director of Borstal Institutions;
       (4) for the Government of Borstal Institutions, and the appointments, guidance, control, punishment and dismissal of Superintendents and other officers employed in Borstal Institutions and for the defining of their responsibilities, duties, disabilities and po

S.35 Power of the 1[State Government] to vary age limit, and to apply the Act to females.

       The 1[State Government] after giving by notification in the Official Gazette not less than three months notice of its intention to do so may, by like notification.-
       (1) direct that the provisions of sections 5, 6 and 8 shall extend to persons under such age not less than twenty-one nor more than twenty-three as may be specified in the direction and upon such direction being notified the said sections shall whilst the direction is in force have effect as if the specified age were substituted for twenty-one-
       (2) direct that the provisions of sections 5, 6 and 8 shall extend to females, and upon such direction being notified the said sections shall whilst the direction is in force have effect as if the word "male" were omitted.
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S.36 Whipping not to be inflicted on females.-

       1. Omitted by A.O. 1968.