ANDHRA PRADESH BORSTAL SCHOOLS ACT, 1925
(1) This Act may be called {the Andhra Pradesh Borstal Schools Act, 1925.}
(2) The 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 {State of Andhra Pradesh}, from such date as may be specified in the notification and may cancel or modify such notification.
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 {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 and not more than 21 years of age ;
(2) "Borstal school" is a corrective institution wherein adolescent offenders, whilst detained in pursuance of this Act, are given such industrial training and other instruction 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
(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.
(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 -
{(a) the appointment, powers and duties of officials in such schools ;
{(b) the { x x x } 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 { x x x };
(e) the temporary detention of adolescent offenders until arrangements can be made for
Application of the Prisons Act, 1894, and the Prisoners Act, 1900 :- 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.
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 Sub-divisional Magistrate, {................} and
{(e)} any Magistrate of the first class or any bench of Magistrates constituted 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 them originally, on appeal, or in revision .
(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 {and forward the adolescent offender
(a) {x x x};
(b) {x x x } to the District Magistrate or Subdivisional Magistrate to whom he is subordinate}.
(2) {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 with the case as he might have passed if such adolescent offender had originally been tried by him.
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 such 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 {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 representation which may be made to it {including any report or representation made by the probati
Any person detained in a Borstal school for failure to furnish security when ordered to do so {under section 106 or section 118} of the Code of Criminal Procedure, 1898, shall be released on furnishing such security or on the passing of an order under Section 124 of the code.
The Inspector-General may, subject to rules made by the State Government, if satisfied that any adolescent offender undergoing imprisonment in consequence of a sentence passed either before or after the passing of this Act might with advantage be detained in a Borstal school, direct that such person shall be transferred from prison to 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.
(1)The State Government may, if satisfied that any offender who has been sentenced to transportation either before or after the passing of the {Madras Borstal Schools (Amendment) Act, 1939} and who at the time of conviction was not less than 16 and not 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 unexpired 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.
(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 .
(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 offender {to{xxxx} the District or Sub-divisional Magistrate} as required by sub-section (1) of section 7.
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 as 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 part of a prison as the State Government may direct until he can be sent to a Borstal school. The period of detention so undergone shall be treated as detention in a Borstal school.
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.
(1) The State Government may, by general or special order notified in the {Andhra Pradesh 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 4{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 {any other part of India};
Provided that no s
Where a person detained in a Borstal school is reported to the State Government by the {Superintendent} of such school to be incorrigible or to be exercising a bad influence on the other inmates of the school {or in the case of a person directed to be sent to a Borstal school before the commencement of the Madras Borstal schools (Amendment) Act, 1936, to be over twenty-three years of age}, the State Government may commute the unexpired residue of the term of 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
(c) the maximum period of imprisonment which the Court that tried
(1) Subject to the prescribed conditions, the Inspector-General may, on the recommendation 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 probability 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 under the supervision and authority 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.
&nb
Every licence granted under section 15 shall be in such form and shall contain such conditions as the State Government may by rules direct.
(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 hose supervision and authority the offender has by licence been permitted to live, shall, after considering 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 Investigating Committee to the State Government who may-
(i) direct the Inspector General to revoke the licence as provid
If any inmate escapes from a Borstal school or if any inmate absent on licence from a Borstal school removes himself from {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.
The time during which a person is absent from a Borstal school under a licence shall be treated as part 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.
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.
(1) (a) Every Visiting Committee appointed under sub-section (2) of section 3 shall consist of the Sessions Judge, {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
(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 higher than those of the grade preceding, if any.
(3) Every inmate shall, on reception in a Borstal school, be placed in the ordinary grade.
(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 t
(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.
(vi) { x x x x x }.
(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.
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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 purpose of this section, to be work.
(1) The State Government may, by notification in the Andhra Pradesh 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 Insp
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.
In areas to which 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.
The State Government may 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.}
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.
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