THE PUNJAB BORSTAL ACT, 1926 (XI of 1926)

CONTENTS
1. 2. *. -. 1. 6. 6. 7. 9. 1:. 11. 12. 1*. 1-. 11. 16. 16. 17. 19. 2:. 21. 22. 2*. 2-. 21. 26. 26. 27. 29. *:. *1. *2. **. *-. *1. *6. Short tit !, !"t!#t $#% &o''!#&!'!#t (!fi#itio#) E)t$+ i)h'!#t of Bor)t$ I#)tit,tio#) A..oi#t'!#t of (ir!&tor of Bor)t$ I#)tit,tio#), offi&!r) $#% /i)iti#0 &o''itt!!) Po2!r) of &o,rt) to .$)) $ )!#t!#&! of %!t!#tio# i# $ Bor)t$ I#)tit,tio# i# th! &$)! of &o#/i&t ,#%!r t2!#t34o#! 3!$r) of $0! i# i!, of tr$#).ort$tio# or ri0oro,) i'.ri)o#'!#t S.!&i$ .o2!r) of (i)tri&t 5$0i)tr$t! (!t!#tio# of .ri)o#!r) &o#fi#!% i# th! L$hor! Bor)t$ J$i Po2!r of S,.!ri#t!#%!#t of J$i to .r!)!#t .ri)o#!r !)) th$# 21 3!$r) of $0! +!for! (i)tri&t 5$0i)tr$t! for %!t!#tio# i# $ Bor)t$ I#)tit,tio# 8h!# $&tio# '$3 #ot +! t$9!# ,#%!r )!&tio# 7 A.. i&$tio# of th! Co%! of Cri'i#$ Pro&!%,r!, 1797 $#% th! Li'it$tio# A&t, 19:7 $#% .ro/i)io#) for $..!$ $#% r!/i)io# No .!r)o# 2ho h$) +!!# o#&! %!t$i#!% to +! %!t$i#!% $0$i# R! !$)! o# f,r#i)hi#0 )!&,rit3 E#;,ir3 to +! '$%! r!0$r%i#0 th! $0! of th! off!#%!r +!for! th! .$))i#0 of $# or%!r of %!t!#tio# 5$0i)tr$t! to 0i/! 0ro,#%) of hi) o.i#io# +!for! or%!ri#0 %!t!#tio# Po2!r to r! !$)! o# i&!#)! A+)!#&! ,#%!r i&!#)! to +! &o,#t!% to2$r%) .!rio% of %!t!#tio# <or' of i&!#)! S,).!#)io# $#% r!/o&$tio# of i&!#)!) P!#$ t3 for !)&$.! I#&orri0i+ !) I#'$t!) $..oi#t!% offi&!r) to +! .,+ i& )!r/$#t) E"tr$4',r$ &,)to%3, &o#tro $#% !'. o3'!#t to i#'$t!) P!#$ t3 for i#tro%,&tio# or r!'o/$ of .rohi+it!% $rti& !) i#to or fro' Bor)t$ I#)tit,tio#) $#% &o'',#i&$tio# 2ith i#'$t!) Po2!r to $rr!)t for off!#&!) ,#%!r )!&tio# 2* P,+ i&$tio# of .!#$ ti!) Offi&!r)4i#4&h$r0! of Bor)t$ I#)tit,tio#) to %!t$i# .!r)o#) %, 3 &o''itt!% to th!ir &,)to%3 Offi&!r)4i#4&h$r0! of Bor)t$ I#)tit,tio#) to r!t,r# or%!r), !t&., $ft!r !"!&,tio# or %i)&h$r0! Po2!r) for offi&!r)4i#4&h$r0! of Bor)t$ I#)tit,tio#) to 0i/! !ff!&t to or%!r) of &!rt$i# &o,rt) 8$rr$#t of offi&!r) of ),&h Co,rt) to +! ),ffi&i!#t $,thorit3 Pro&!%,r! 2h!r! offi&!r i#&h$r0! of Bor)t$ I#)tit,tio# %o,+t) th! !0$ it3 of or%!r )!#t to hi' for !"!&,tio# L,#$ti& i#'$t!), ho2 to +! %!$ t 2ith A.. i&$tio# to Bor)t$ I#)tit,tio# of &!rt$i# .ro/i)io#) of th! Pri)o#) A&t, 179-= $#% th! Pri)o#!r) A&t, 19:: Ho2 .,#i)h'!#t of 2hi..i#0 '$3 +! i#f i&t!% o# $# i#'$t! Po2!r to '$9! r, !) ,#%!r th! A&t Po2!r) of th! Pro/i#&i$ >o/!r#'!#t to /$r3 $0! i'it, $#% to $.. 3 th! A&t to f!'$ !) 8hi..i#0 #ot to +! i#f i&t!% o# f!'$ !)

TEXT
1

THE PUNJAB BORSTAL ACT, 1926 (XI of 1926) [27th August, 1926] A# A&t

to make provision for the establishment and regulation of Borstal Institution in the un!ab and for the detention and training of adoles"ent offenders therein Pr!$'+ !.? 8HEREAS it is expedient to make provision for the establishment and regulation of Borstal Institutions in the Punjab and for the detention and training of adolescent offenders therein; and whereas the previous sanction of the Governor-General under sub-section( ! of section "#-$ of the Government of India $ct has been obtained; It is hereb% enacted as follows&1. Short tit !, !"t!#t $#% &o''!#&!'!#t.? ('! (his $ct ma% be called the Punjab Borstal $ct) '*+,(+! It extends to the Punjab( ! It shall come into force on such date 2 as the *.Provincial Government/ ma% b% notification appoint in this behalf2. (!fi#itio#).? In this $ct unless there is an%thing repugnant in the subject or context)0 ('! 1Borstal Institution2 means a place in which offenders ma% be detained under this $ct and given such industrial training and other instruction and subjected to such disciplinar% and moral influences as will conduce to their reformation; (+! ( ! (3! (i! 1detained2 means detained in) and 1detention2 means 1detention2 in a Borstal Institution; 1inmate2 means an% person ordered to be detained; 1offence2 means0 an offence punishable with transportation or rigorous imprisonment under the .Pakistan/ Penal 4ode1 other than0 (a! (b! (ii! (iii! (iv! an offence punishable with death; an offence punishable under 4hapter 5-$ or 4hapter 5I of the said 4ode;

an offence punishable with imprisonment under the Public Gambling $ct) '",6 6; an offence punishable with imprisonment under the 7pium $ct) '"6" 6 an offence punishable with imprisonment under the Punjab 8xcise $ct) '*'3 7;

(9! 1officer2 means an officer of a Borstal Institution appointed in such manner as ma% be prescribed; (,! 1prescribed2 means prescribed b% rules made b% the 9.Provincial Government/ under the provisions of this $ct; 1:or statement of objects and reasons) see
<ebates) 5olume I=-B) pages '''-'+(his $ct received the assent of the Governor of the Punjab on ++nd >ul%) '*+,; that of the Governor-General on ',th $ugust) '*+,; and was published in the un!ab #a$ette (%&traordinar'!) dated +6th $ugust) '*+,un!ab #a$ette, '*+,) Part I) pages 96*-"#; for Proceedings in 4ouncil) see Punjab ;egislative 4ouncil

24ame into force on 'st $ugust) '* +3?ubstituted) for the words 1;ocal Government2)

b% the Government of India ($daptation of Indian ;aws! 7rder) '* 6) as amended b% the Government of India ($daptation of Indian ;aws! ?upplementar% 7rder) '* 6-

4?ubstituted) for the word 1Indian2) b% the Punjab ;aws ($daptation) @evision and @epeal! $ct) '*93 (=5 of '*99!) section +) ?chedule I) Part II5=;5 of '",#6III of '",67I of '"6"8Pb- $ct I of '*'39?ubstituted) for the words 1;ocal Government2) b% the Government of India ($daptation of Indian ;aws! 7rder) '* 6) as amended b%
Government of India ($daptation of Indian ;aws! ?upplementar% 7rder) '* 6-

the

(6! 1securit% for good behaviour2 means securit% for good behaviour otherwise than for political activities under section '#* or section ''# of the 4ode of 4riminal Procedure) '"*" 1:; ("! 1?uperintendent2 means a ?uperintendent of a Borstal Institution appointed in such manner as ma% be prescribed*. E)t$+ i)h'!#t of Bor)t$ I#)tit,tio#).? :or the purposes of this $ct the Government/ ma% establish one or more Borstal Institutions11

.Provincial

-. A..oi#t'!#t of (ir!&tor of Bor)t$ I#)tit,tio#), offi&!r) $#% /i)iti#0 &o''itt!!).? ('! (he 12.Provincial Government/ shall appoint an% person not being a police officer) to be <irector of Borstal Institutions) and he shall exercise) subject to the orders of 1*.Provincial Government/) general control and superintendence of all Borstal Institutions(+! :or ever% Borstal Institution the 1-.Provincial Government/ shall appoint a ?uperintendent) and such other officers as ma% be necessar%( ! :or ever% Borstal Institution a visiting committee shall be appointed in such manner as ma% be prescribed1. Po2!r) of &o,rt) to .$)) $ )!#t!#&! of %!t!#tio# i# $ Bor)t$ I#)tit,tio# i# th! &$)! of &o#/i&t ,#%!r t2!#t34o#! 3!$r) of $0! i# i!, of tr$#).ort$tio# or ri0oro,) i'.ri)o#'!#t.? ('! Ahen an% male person less than twent%-one %ears of age is convicted of an offence b% a court of sessions) a Bagistrate speciall% empowered under section # of the 4ode of 4riminal Procedure) '"*"11) or a Bagistrate of the first class) or is ordered to give securit% for good behaviour and fails to give such securit%) and when b% reason of his criminal habits or tendencies or associations with persons of bad character it is expedient in the opinion of the >udge or Bagistrate) that he should be detained) such >udge or Bagistrate ma%) in lieu of passing a sentence of transportation or rigorous imprisonment) pass an order of detention for a term which shall not be less than two %ears and shall not exceed seven %ears when the orders passed b% a court of sessions or a Bagistrate speciall% empowered under section # of the 4ode of 4riminal Procedure) '"*"16) and shall not be less than two %ears nor exceed three %ears) when the order is passed b% a Bagistrate of the first class not so empowered(+! Ahen an% Bagistrate not empowered to pass such order is of opinion that an offender convicted b% him is a person in respect of whom such order should be passed in accordance with the provisions of sub-section ('! he ma%) without passing an% sentence) record such opinion and submit his proceedings and forward the accused to the <istrict Bagistrate whom he is subordinate( ! (he <istrict Bagistrate to whom the proceedings are so submitted ma% make such further enCuir% (if an%! as he ma% deem fit and pass such order for the detention of the offender or such other sentence or order) as he might have passed if the trial had been held b% him from its commencement6. S.!&i$ .o2!r) of (i)tri&t 5$0i)tr$t!.? Ahen an% male person less than twent%-one %ears of age has been sentenced for an offence b% a Bagistrate to rigorous imprisonment) or when ordered b% a Bagistrate to give securit%) for good behaviour has failed to give such securit%) and has been committed to or confined in prison and no appeal has been preferred against such sentence or order within the time prescribed b% law and when b% reason of such personDs criminal habits or tendencies or association with persons of bad character it is expedient) in the opinion of the <istrict Bagistrate) that he should be detained) the <istrict Bagistrate ma% order that such persons shall in lieu of undergoing imprisonment be detained for a period not less than two %ears nor more than three %ears6. (!t!#tio# of .ri)o#!r) &o#fi#!% i# th! L$hor! Bor)t$ J$i .? If it appears to the 16 .Provincial Government/ that an% male person) less than twent%-one %ears of age) who) having been sentenced to rigorous imprisonment for an offence or having been committed to or confined 105 of '"*"11?ubstituted) 12Ibid( 13Ibid( 14Ibid( 155 of '"*" 165 of '"*"-

for the words 1;ocal Government2) b% the Government of India ($daptation of Indian ;aws! 7rder) '* 6) as amended b% the Government of India ($daptation of Indian ;aws! ?upplementar% 7rder) '* 6-

in prison for failing to give securit% for good behaviour) is at the time of the commencement of this $ct confined in the ;ahore Borstal >ail) should for the reasons described in sub-section ('! of section 9 be detained) the 17@17A.Provincial Government/ ma% direct that he be detained for a period not exceeding the residue of his sentence of the period for which securit% was reCuired) as the case ma% be) provided that such order shall be subject as regards the period of detention to an% order passed on appeal against or revision of the sentence or order of commitment or confinement in prison7. Po2!r of S,.!ri#t!#%!#t of J$i to .r!)!#t .ri)o#!r !)) th$# 21 3!$r) of $0! +!for! (i)tri&t 5$0i)tr$t! for %!t!#tio# i# $ Bor)t$ I#)tit,tio#.? Ahenever it appears to the ?uperintendent of a >ail that an% male person less than twent%-one %ears of age sentenced to transportation or rigorous imprisonment for an offence or committed to or confined in prison for failing to give securit% for good behaviour should for the reasons described in sub-section('! of section 9 be detained) he shall cause such prisoner to be produced before the <istrict Bagistrate in whose jurisdiction the >ail is situated) and if the <istrict Bagistrate after making such enCuir% as he ma% deem proper or as ma% be prescribed is satisfied that the prisoner should for the reasons described in the said sub-section be detained) he ma% order the prisoner to be removed from jail and detained for a period eCual to the unexpired term of the transportation or imprisonment to which he was sentenced) or of the period for which securit% was reCuired from him) as the case ma% be9. 8h!# $&tio# '$3 #ot +! t$9!# ,#%!r )!&tio# 7.? Eo order shall be made under the provisions of section "0 (i! (ii! (iii! until the time allowed b% law for the prisoner to appeal has expired or if an appeal has been preferred until such appeal has been finall% decided; or if an application made on appeal or otherwise to have the sentence altered into an order of detention) has been rejected b% an $ppellate 4ourt or the Figh 4ourt; or in the case of an% person who has been sent to a @eformator% ?chool in accordance with the provisions of the @eformator% ?chools $ct) '"*6 19-

1:. A.. i&$tio# of th! Co%! of Cri'i#$ Pro&!%,r!, 1797 $#% th! 2:@B B BA Li'it$tio# A&t, 19:7 $#% .ro/i)io#) for $..!$ $#% r!/i)io#.? ('! ?ubject to the provisions of sub-section (+! of this section the provisions of the 4ode of 4riminal Procedure) '"*" 21) relating to appeal) reference and revision and $rticles '93 and '99 of the 22.G G G/ ;imitation $ct) '*#"2*) shall appl% in the case of an order of detention passed under section 9 as if the order has been a sentence of imprisonment for the same period as the period for which detention was ordered(+! Eotwithstanding an%thing contained in section 3+ of the 4ode of 4riminal Procedure) '"*"2-) when a person who at the time of his conviction was less than twent%-one %ears of age has been convicted of an offence or when such person on being ordered to furnish securit% for good behaviour has failed to furnish such securit%) an $ppellate 4ourt or the Figh 4ourt in the exercise of its powers of revision) ma% in pursuance of sub-section ('! and the provisions of the 4ode of 4riminal Procedure) '"*" 21) and after making such inCuir% as it ma% deem fit) alter a sentence of imprisonment or an order of commitment to prison under section '+ of the 4ode of 4riminal Procedure to an order of detention) if for reasons described in sub-section ('! of section 9) it considers such alteration expedient) and ma% alter an order of detention to a sentence of imprisonment or an order of commitment to prison under section '+ of the 4ode of 4riminal Procedure) as the case ma% be) provided that the sentence of imprisonment) order of commitment) or order of detention) shall not be in excess of the powers of the trial Bagistrate or 4ourt17?ubstituted) 18?ubstituted)
for the words 1;ocal Government2) b% the Government of India ($daptation of Indian ;aws! 7rder) '* 6) as amended b% the Government of India ($daptation of Indian ;aws! ?upplementar% 7rder) '* 6for the words 1;ocal Government2) b% the Government of India ($daptation of Indian ;aws! 7rder) '* 6) as amended b% the Government of India ($daptation of Indian ;aws! ?upplementar% 7rder) '* 6-

195III of '"*620(he word 1Indian2 omitted b% the Punjab ;aws ($daptation) @evision and @epeal! $ct) '*93 (=5 of '*99!) section +) ?chedule I) Part II215 of '"*"22(he word 1Indian2 omitted b% the Punjab ;aws ($daptation) @evision and @epeal! $ct) '*93 (=5 of '*99!) section +) ?chedule I) Part II23I= of '*#"245 of '"*"255 of '"*"-

( ! $n% person who has been ordered to be detained in a Borstal Institution under the provisions of section , for a period to expire after the term of imprisonment to which he was sentenced would expire had the orders not been passed ma%) subject to the provisions of subsection (9!) appeal to the ?essions >udge) and the ?essions >udge ma% either confirm the order or set it aside and restore the sentence of imprisonment or if the order is for more than two %ears reduce it to a term not shorter than two %ears nor shorter than the residue of imprisonment to which the offender was sentenced(3! $n% person ordered b% a ?essions >udge under the provisions of sub-section ( ! to be detained for a period to expire after the term of imprisonment to which he was sentenced would expire had such order not been passed) ma%) subject to the provisions of sub-section (9!) appeal within thirt% da%s of the order to the Figh 4ourt and the Figh 4ourt ma% pass an% such order as the ?essions >udge might have passed(9! $n appeal shall not lie under sub-section ( ! or sub-section (3! against a conviction or on an% finding of fact but onl% on the ground that the order appealed against is illegal or undul% severe11. No .!r)o# 2ho h$) +!!# o#&! %!t$i#!% to +! %!t$i#!% $0$i#.? Eo person who has been previousl% detained for the whole period prescribed in an order of detention or who has been transferred to jail under section +# of this $ct) shall again be ordered to be detained12. R! !$)! o# f,r#i)hi#0 )!&,rit3.? $n% person detained for failure to furnish securit% shall be released on furnishing such securit%1*. E#;,ir3 to +! '$%! r!0$r%i#0 th! $0! of th! off!#%!r +!for! th! .$))i#0 of $# or%!r of %!t!#tio#.? ('! Before passing an order of detention under this $ct the Bagistrate) <istrict Bagistrate or 4ourt) as the case ma% be) shall enCuire or cause enCuir% to be made into the Cuestion of the age of the offender) and after taking such evidence (if an%! as ma% be deemed necessar% or proper shall record a finding thereon(+! $ similar enCuir% shall be made and finding recorded b% ever% Bagistrate not empowered to pass an order of detention under this $ct before submitting his proceedings and forwarding the accused to the <istrict Bagistrate as reCuired b% sub-section (+! of section 9 of this $ct1-. 5$0i)tr$t! to 0i/! 0ro,#%) of hi) o.i#io# +!for! or%!ri#0 %!t!#tio#.? Ahen an% Bagistrate) <istrict Bagistrate or 4ourt orders an offender to be detained) he or it) as the case ma% be shall record the grounds of his or its opinion that it is expedient that the offender be detained11. Po2!r to r! !$)! o# i&!#)!.? ?ubject to an% general or special directions of 26.Provincial Government/) the visiting committee with the sanction of the <irector of Borstal Institutions) ma% at an% time after the expiration of one-third of the period of detention) or of two %ears) whichever is shorter) if satisfied that the inmate is likel% to abstain from crime) and lead a useful and industrious life) b% license permit him to be discharged from the supervision or authorit% of an% 26.servant of the ?tate/ or (secular! institution or person or religious societ% (professing the same religion as the inmate! named in the licence who ma% be willing to take charge of him- $ 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 forfeited16. A+)!#&! ,#%!r i&!#)! to +! &o,#t!% to2$r%) .!rio% of %!t!#tio#.? (he time during which an inmate is absent under license from a Borstal Institution shall be reckoned as part of the period of detention16. <or' of i&!#)!.? 8ver% license granted under the provisions of section '9 shall be in such form and shall contain such conditions as the 27.Provincial Government/ ma%) b% general or special order) direct17. S,).!#)io# $#% r!/o&$tio# of i&!#)!).? ?ubject to an% general or special directions of the 29.Provincial Government/) a license granted under section '9 ma% be suspended for a period not 26?ubstituted)
for the words 1;ocal Government2) b% the Government of India ($daptation of Indian ;aws! 7rder) '* 6) as amended b% the Government of India ($daptation of Indian ;aws! ?upplementar% 7rder) '* 6substituted) for the words 1Government 7fficer2) b% the Government of India ($daptation of Indian ;aws! 7rder) '* 6) as amended b% the Government of India ($daptation of Indian ;aws! ?upplementar% 7rder) '* 6-

27?ubstituted) for the words 1servant of the 4rown2 b% the Aest Pakistan ;aws ($daptation! 7rder) '*,3) section +('! ?chedule Pt-II) which were previousl% 28?ubstituted)
for the words 1;ocal Government2) b% the Government of India ($daptation of Indian ;aws! 7rder) '* 6) as amended b% the Government of India ($daptation of Indian ;aws! ?upplementar% 7rder) '* 6for the words 1;ocal Government2) b% the Government of India ($daptation of Indian ;aws! 7rder) '* 6) as amended b% the Government of India ($daptation of Indian ;aws! ?upplementar% 7rder) '* 6-

29?ubstituted)

exceeding three months b% the ?uperintendent of a Borstal Institution or revoked at an% time b% the visiting committee on the recommendation of the <irector of Borstal Institutions- Ahere the license of an% inmate has been suspended or revoked he shall return to the Borstal Institution) and if he fails to do so he ma% be arrested without warrant and taken to the institution19. P!#$ t3 for !)&$.!.? If an% inmate escapes from a Borstal Institution before the expir% of the period for which he was ordered to be detained or if an% inmate absent on license from a Borstal Institution escapes from the supervision or authorit% of an% Government officer or (secular! institution or person or religious societ% in whose charge he was placed or fails on the suspension or revocation of his license to return to the Borstal Institution) he ma% on conviction b% a Bagistrate be punished with imprisonment of either description for a term which ma% extend to two %ears or with fine or with both) and his license shall be forfeited with effect from the date of his escape or failure to return) as the case ma% be$n offence under this section shall be deemed to be a cogniHable offence within the definition of that term in the 4ode of 4riminal Procedure) '"*" *:2:. I#&orri0i+ !).? Ahere an inmate is reported to the *1.Provincial Government/ b% 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 '* of this $ct) or is reported b% the ?uperintendent to have committed an offence which has been declared to be a major Borstal Institution offence b% rules made b% the *2 .Provincial Government/ in pursuance of the provisions of sub-section ('3! of section 3 of this $ct) the **.Provincial Government/ ma% commute the residue of the term of detention to such term of imprisonment of either description not exceeding such residue as the *-.Provincial Government/ ma% direct) and ma% order the transfer of the inmate to an% jail in the Punjab in order to complete the said term of imprisonment21. I#'$t!) $..oi#t!% offi&!r) to +! .,+ i& )!r/$#t).? Inmates who have been appointed as officers shall be deemed to be public servants within the definition of that term in the *1.Pakistan/ Penal code*622. E"tr$4',r$ &,)to%3, &o#tro $#% !'. o3'!#t to i#'$t!).? $n inmate when being taken to or from an% Borstal Institution in which he ma% be lawfull% detained or whenever he is working outside or is otherwise be%ond the limits of an% such Borstal Institution in or under the lawful custod% or control of an officer belonging to such Borstal Institution shall be deemed to be under detention and shall be subject to all the same incidents as if he were actuall% in a Borstal Institution2*. P!#$ t3 for i#tro%,&tio# or r!'o/$ of .rohi+it!% $rti& !) i#to or fro' Bor)t$ I#)tit,tio#) $#% &o'',#i&$tio# 2ith i#'$t!).? Ahoever) contrar% to an% rule under section 3) introduces or removes) or attempts b% an% means whatever to introduce or remove) into or from an% Borstal Institution) or supplies or attempts to suppl% to an% inmate outside the limits of such Institution an% prohibited article) and ever% officer of a Borstal Institution who) contrar% to an% such rule) knowingl% suffers an% such articles to be introduced into or removed from an% Borstal Institution to be possessed b% an% inmate) or to be supplied to an% inmate outside the limits of Borstal Institution) and whoever contrar% to an% such rule) communicates or attempts to communicate with an% inmate) and whoever abets an% offence made punishable b% this section) shall) on conviction before a Bagistrate) be liable to imprisonment for a term not exceeding six months or to fine not exceeding two hundred rupees or to both2-. Po2!r to $rr!)t for off!#&!) ,#%!r )!&tio# 2*.? Ahen an% person) in the presence of an% officer of a Borstal Institution commits an% 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 ma% arrest him) and shall without unnecessar% dela% make him over to a police officer) and thereupon such police officer shall proceed as if the offence had been committed in his presence305 of '"*"31?ubstituted) 32Ibid( 33?ubstituted)

for the words 1;ocal Government2) b% the Government of India ($daptation of Indian ;aws! 7rder) '* 6) as amended b% the Government of India ($daptation of Indian ;aws! ?upplementar% 7rder) '* 6-

for the words 1;ocal Government2) b% the Government of India ($daptation of Indian ;aws! 7rder) '* 6) as amended b% the Government of India ($daptation of Indian ;aws! ?upplementar% 7rder) '* 6-

34Ibid( 35?ubstituted) for the word 1Indian2) b% the Punjab ;aws ($daptation) @evision and @epeal! $ct) '*93 (=5 of '*99!) section +) ?chedule I) Part II36=;5 of '",#-

21. P,+ i&$tio# of .!#$ ti!).? (he ?uperintendent shall cause to be affixed) in a conspicuous place outside the Borstal Institution) a notice in 8nglish and *6.Irdu/ setting forth the acts prohibited under section + and the penalties incurred b% their commission26. Offi&!r)4i#4&h$r0! of Bor)t$ I#)tit,tio#) to %!t$i# .!r)o#) %, 3 &o''itt!% to th!ir &,)to%3.? (he officer-in-charge of a Borstal Institution shall receive and detain all persons dul% committed to his custod% under this $ct according to the directions contained in the order b% which such person has been committed or until such person is discharged or removed in due course of law26. Offi&!r)4i#4&h$r0! of Bor)t$ I#)tit,tio#) to r!t,r# or%!r), !t&., $ft!r !"!&,tio# or %i)&h$r0!.? (he officer-in-charge of a Borstal institution shall forthwith after the execution of ever% such order as aforesaid or after the discharge of the person committed thereb%) return such order to the Bagistrate) <istrict Bagistrate or 4ourt b% which the same was issued or made) together with a certificate endorsed thereon and signed b% him showing how the same has been executed or wh% the person committed thereb% has been discharged from detention before the execution thereof27. Po2!r) for offi&!r)4i#4&h$r0! of Bor)t$ I#)tit,tio#) to 0i/! !ff!&t to or%!r) of &!rt$i# &o,rt).? ('! 7fficers-in-charge of Borstal Institutions ma% give effect to an% order for the detention of an% person passed or issued0
*7

.(a! b% an% 4ourt or (ribunal acting within or without Pakistan under the general or special authorit% of the *94entral or an% Provincial Government;/ or b% an% 4ourt or (ribunal in -:.an% -1.acceding/ ?tate/0 (i! (ii!
-2

(b!

.G G

G/

if the reception or detention -*.in the Punjab/ of persons ordered to be detained b% an% such 4ourt or (ribunal has been authoriHed b% general or special order --.b% the Provincial Government/; or

-1

.(c! b% an% other 4ourt or (ribunal in an% -6.acceding/ ?tate with the previous sanction of the Provincial Government in the case of each such order-/

(+! Ahere a 4ourt or (ribunal -6.in an -7.acceding/ ?tate has passed an order which can not be executed without the concurrence of a -9.servant of the state/) and such order has been considered on the merits and confirmed b% an% such officer speciall% authorised in that behalf) such order and an% order issued in pursuance thereof) shall be deemed to be the order of 4ourt or (ribunal acting under the authorit% of the 1:.4entral Government/ 11.G G G/-

37?ubstituted) for the words 1the 5ernacular2) b% the Punjab ;aws ($daptation) @evision and @epeal! $ct) '*93 (=5 of '*99!) section + ?chedule I)
Part II-

38?ubstituted) b% the Aest Pakistan ;aws ($daptation! 7rder) '*,3-) section + (I! ?chedule Pt-II39Eow J:ederalD) see :ederal $daptation of ;aws 7rder) '*69 (P-7- 3 of '*69!40?ubstituted) for the words 1the territories of an% Eative Prince or ?tate in India2) b% the Government of India ($daptation of Indian ;aws! 7rder)
'* 6) as amended b% the Government of India ($daptation of Indian ;aws! ?upplementar% 7rder) '* 6-

41?ubstituted) for the word 1Indian2 b% the Punjab ;aws ($daptation) @evision and @epeal! $ct) '*93 (=5 of '*99!) section +) ?chedule I) Part II42<eleted b% the Aest Pakistan ;aws ($daptation! 7rder) '*,3) section + ('! ?chedule Pt- II43?ubstituted ibid(, for the word 1Province2 which was previousl% substituted) for the words 1 in British India or in an% Province of British India2) b% the
Government of India ($daptation of Indian ;aws! 7rder) '* 6) as amended b% the Government of India ($daptation of Indian ;aws! ?upplementar% 7rder) '* 6-

44?ubstituted) for the words 1b% the Governor-General in 4ouncil or the ;ocal Government) as the case ma% be2) b% the Government of India ($daptation of
Indian ;aws! 7rder) '* 6) as amended b% the Government of India ($daptation of Indian ;aws! ?upplementar% 7rder) '* 6-

45?ubstituted ibid( 46?ubstituted) for the word 1Indian2) b% the Punjab ;aws ($daptation) @evision and @epeal! $ct) '*93 (=5 of '*99!) section +) ?chedule I) Part II47?ubstituted b% the Government of India ($daptation of Indian ;aws! 7rder) '* 6) as amended b% the Government of India ($daptation of Indian ;aws!
?upplementar% 7rder) '* 6) for the words 1of such a Eative Prince or ?tate2-

48?ubstituted) for the word 1Indian2 b% the Punjab ;aws ($daptation) @evision and @epeal! $ct) '*93 (=5 of '*99!) section +) ?chedule I- Part II49?ubstituted) for the words 1officer of the 4rown2) b% Aest Pakistan ;aws ($daptation! 7rder) '*,3) section +('! ?chedule Pt- II) which were previousl%
substituted) for the words 1British Government2) b% the Government of India ($daptation of Indian ;aws! 7rder) '* 6) as amended b% the Government of India ($daptation of Indian ;aws! ?upplementar% 7rder) '* 6-

50?ubstituted) for the words 1Governor-General in 4ouncil2) b% the Government of India ($daptation of Indian ;aws! 7rder) '*

6) as amended b% the Government of India ($daptation of Indian ;aws! ?upplementar% 7rder) '* 6- Eow J:ederalD) see :ederal $daptation of ;aws 7rder) '*69 (P-7- 3 of '*69!?chedule I) Part II-

51(he words 1or the 4rown @epresentative2) omitted b% the Punjab ;aws ($daptation) @evision and @epeal! $ct) '*93 (=5 of '*99!) section +)

29. 8$rr$#t of offi&!r) of ),&h Co,rt) to +! ),ffi&i!#t $,thorit3.? $n order under the official signature of an officer of such 4ourt or (ribunal as is referred to in section +" shall be sufficient authorit% for detaining an% person) in pursuance of the order passed upon him*:. Pro&!%,r! 2h!r! offi&!r i#&h$r0! of Bor)t$ I#)tit,tio# %o,+t) th! !0$ it3 of or%!r )!#t to hi' for !"!&,tio#.? ('! Ahere an officer incharge of a Borstal Institution doubts the legalit% of an order sent to him for execution) or the competenc% of the person whose official seal or signature is affixed thereto to pass the order he shall refer the matter to the 12.Provincial Government/ b% whose order on the case he and all other public officers shall be guided as to the future disposal of the inmate(+! Pending a reference made under sub-section ('!) the inmate shall be detained in such manner) and with such restrictions or mitigations as ma% be specified in the warrant or order*1. L,#$ti& i#'$t!), ho2 to +! %!$ t 2ith.? ('! Ahere it appears to the 1*.Provincial Government/ that an% person detained under an% order is of unsound mind the 1-.Provincial Government/ ma% order his removal to lunatic as%lum or other place of safe custod% within the 11 .Punjab/) there to be kept and treated as the 16.Provincial 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 b% a medical officer that it is necessar% for the safet% of the inmate or others that he should be further detained under medical care or treatment) then until he is discharged according to law(+! Ahere it appears to the 16.Provincial Government/ that an inmate so kept and treated has become of sound mind) the 17.Provincial Government/ shall) b% a warrant directed to the person having charge of the inmate) if still liable to be detained) remand him to the Borstal Institution from which he was removed or to another Borstal Institution within the 19.Punjab/ or) if he is no longer liable to be detained) order him to be discharged( ! (he provisions of section ' of the 6:.G G G/ ;unac% $ct) '*'+61) shall appl% to ever% person confined in a lunatic as%lum under sub-section ('! after the expiration of the term for which he was ordered to be detained; and the time during which an inmate is confined in a lunatic as%lum under that sub-section shall be reckoned as part of the term of detention which he ma% have been ordered to undergo(3! In an% case in which a 62.Provincial Government/ is competent under sub-section ('! to order the removal of an inmate to a lunatic as%lum or other place of safe custod% within the 6*.Punjab/) the 6-.Provincial Government/ ma% order his removal to an% such as%lum or place within an% other Province or within) 61.an% 66.acceding/ ?tate/ b% agreement with the 66.Provincial Government/ of such 52?ubstituted)
for the words 1;ocal Government2) b% the Government of India ($daptation of Indian ;aws! 7rder) '* 6) as amended b% the Government of India ($daptation of Indian ;aws! ?upplementar% 7rder) '* 6-

53Ibid( 54Ibid( 55?ubstituted) for the word 1Province2) b% the Aest Pakistan ;aws ($daptation! 7rder) '*,3) section +('! ?chedule Pt-II?ubstituted) for the words 1;ocal Government2) b% the Government of India ($daptation of Indian ;aws! 7rder) '* 6) as amended b% the Government of India ($daptation of Indian ;aws! ?upplementar% 7rder) '* 6-

56?ubstituted)

for the words 1;ocal Government2) b% the Government of India ($daptation of Indian ;aws! 7rder) '* 6) as amended b% the Government of India ($daptation of Indian ;aws! ?upplementar% 7rder) '* 6-

57Ibid( 58Ibid( 59?ubstituted) for the word 1Province2) b% the Aest Pakistan ;aws ($daptation! 7rder) '*,3) section +('! ?chedule Pt- II60(he word) 1Indian2) omitted b% the Punjab ;aws ($daptation) @evision and @epeal! $ct) '*93 (=5 of '*99!) section +) ?chedule I61I5 of '*'+62?ubstituted) for the words 1;ocal Government2) b% the Government of India ($daptation of Indian ;aws! 7rder) '* 6) as amended
Government of India ($daptation of Indian ;aws! ?upplementar% 7rder) '* 6-

b% the

63?ubstituted) for the word 1Province2) b% the Aest Pakistan ;aws ($daptation!7rder) '*,3) section +('! ?chedule Pt- II64?ubstituted) for the words 1;ocal Government2) b% the Government of India ($daptation of Indian ;aws! 7rder)
Government of India ($daptation of Indian ;aws! ?upplementar% 7rder) '* 6-

'* 6) as amended b% the

65?ubstituted ibid-) for the words 1the territories of an% Eative Prince or ?tate in India266?ubstituted) for the word 1Indian2) b% Punjab $ct the Punjab ;aws ($daptation) @evision and @epeal! $ct) '*93 (=5 of '*99!) section +) ?chedule
I) Part II-

67?ubstituted)

for the words 1;ocal Government2) b% the Government of India ($daptation of Indian ;aws! 7rder) '* 6) as amended b% the Government of India ($daptation of Indian ;aws! ?upplementar% 7rder) '* 6-

other Province or with 67.that ?tate or the @uler thereof/) as the case ma% be) and the provisions of this section respecting the custod%) detention) remand and discharge of an inmate removed under subsection ('! shall) so far as the% can be made applicable) appl% to an inmate removed under this subsection*2. A.. i&$tio# to Bor)t$ I#)tit,tio# of &!rt$i# .ro/i)io#) of th! Pri)o#) A&t, 179-= $#% th! Pri)o#!r) A&t, 19::.? ?ubject to the provisions of section of this $ct) the provisions of 69 section '+ and 4hapter =I of the Prisons $ct) '"*3 and of sections 9 to 9# (inclusive! and the rules made b% the 6:.Provincial Government/) 61.G G G/ under section 9' of the Prisoners $ct) '*## 62) shall appl% as far as ma% be to Borstal Institutions established under this $ct) and all reference to prisoners) imprisonment or confinement in the said sections) chapters and rules shall be construed as referring to inmates) Borstal Institutions and detention**. Ho2 .,#i)h'!#t of 2hi..i#0 '$3 +! i#f i&t!% o# $# i#'$t!.? :or the purpose of punishing Borstal Institution offences) whipping shall be inflicted upon the palm of the hand onl%*-. Po2!r to '$9! r, !) ,#%!r th! A&t.? (he after previous publication consistent with this $ct0
6*

.Provincial Government/ ma% make rules

('! for the regulation) management and classification of Borstal Institutions established under this $ct and the description and construction of wards) cells and other places of detention; (+! for the regulation b% number or otherwise of the inmates to be detained in each class of institution; ( ! for defining the powers and duties of the <irector of Borstal Institutions; (3! for the government of Borstal Institutions) and the appointment) guidance) control) punishment and dismissal of ?uperintendents and other officers emplo%ed in Borstal Institutions) and for the defining of their responsibilities) duties) disabilities and powers; (9! for the maintenance of records) and the preparation and submission of reports; (,! for the selection and appointment of inmates as inmate officers and their reduction and dismissal and for defining the responsibilities) duties and powers of such officers; (6! for the temporar% detention of inmates until arrangement can be made for their admission to Borstal Institutions; ("! for the admission) removal and discharge of inmates and for the disposal of their effects during their detention; (*! ('#! inmates; for feeding) clothing and bedding of inmates; for the custod%) discipline) grading) treatment) education) training and control of

(''! for the emplo%ment) instruction and control on inmates within or without Borstal institutions) the disposal of the proceeds of their labour; ('+! for the treatment of sick inmates; (' ! for classif%ing and prescribing the forms of education) instruction) emplo%ment and labour and regulating the periods of rest; ('3!(i! for defining the acts) which shall constitute Borstal Institution offences; (ii! (iii! for determining the classification of Borstal Institution offences into major and minor offences; for fixing the punishment admissible under this $ct which shall be awardable for commission of Borstal Institution offences or classes thereof;

68?ubstituted ibid-) for the words 1such Eative Prince or ?tate269I= of '"*370?ubstituted) for the words 1;ocal Government2) b% the Government 71(he words 1or the Governor-General2 omitted) ibid( 72III of '*##73?ubstituted) for the words 1;ocal Government2) b%

of India ($daptation of Indian ;aws! 7rder) '* 6) as amended b% the Government of India ($daptation of Indian ;aws! ?upplementar% 7rder) '* 6-

the Government of India ($daptation of Indian ;aws! 7rder) '* 6) as amended b% the Government of India ($daptation of Indian ;aws! ?upplementar% 7rder) '* 6-

(iv!

for declaring the circumstances in which acts constituting both a Borstal Institution offence and an offence under the 6-.Pakistan/ Penal 4ode61 ma% or ma% not be dealt with as Borstal institution offence; for the award of marks and the shortening of period of detention; for regulating the use of arms against an% inmate or bod% of inmates and the use of fetters in the case of an outbreak or attempt to escape; for defining the circumstances and regulating the conditions under which inmates in danger of death ma% be released; for regulating the transfer from one part of term of detention is about to expire;
66

(v! (vi! (vii! (viii!

.Pakistan/ to another of inmates whose

('9! for defining articles the introduction or removal of which into or out of Borstal institutions without due authorit% is prohibited; (',! ('6! for the classification and the separation of inmates; for rewards for good conduct;

('"! for regulating the transfer of inmates from one Borstal Institution to another or to an hospital or as%lum and from a Borstal Institution to a prison or from a prison to a Borstal Institution; ('*! for the treatment) transfer and disposal of criminal lunatics or recovered criminal lunatics confined in Borstal institutions; (+#! for regulating the transmission of appeals and petitions from inmates and their communications with their friends; (+'! (++! cancelled; (+ ! for the appointment and guidance of visitors of Borstal institutions; for prescribing conditions on which licenses ma% be granted) suspended) revoked or for the appointment) powers and control of parole officers;

(+3! for defining the powers and duties of after-care societies and guardians and the conditions on which financial assistance ma% be given to them; (+9! (+,! for the appointment of visiting committees; and generall% for all purposes consistent with this $ct-

*1. Po2!r) of th! Pro/i#&i$ >o/!r#'!#t to /$r3 $0! i'it, $#% to $.. 3 th! A&t to f!'$ !).? (he 66.Provincial Government/ after giving b% notification in the official gaHette not less than three monthsD notice of his intention to do so ma%) b% like notification0 ('! direct that the provisions of section 9) , and " shall extend to persons under such age not less than twent%-one nor more than twent%-three as ma% 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 1twent%-one2; (+! direct that the provisions of sections 9) , and " 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 1male2 were omitted*6. 8hi..i#0 #ot to +! i#f i&t!% o# f!'$ !).? Eotwithstanding the provisions of clause (+! of section 9 the punishment of whipping shall not at an% time be inflicted upon a female for a Borstal institution offence-

74?ubstituted) for the word 1Indian2) b% the Punjab ;aws ($daptation) @evision and @epeal! $ct) '*93 (=5 of '*99!) section +) ?chedule I) Part II75=;5 of '",#76?ubstituted) for the words 1the Provinces and the 4apital of the :ederation2) b% A-P- ;aws ($daptation! 7rder '*,3) section +('!?chedule Pt- II)
which were previousl% substituted) for the words 1British India2) b% the Punjab ;aws ($daptation) @evision and @epeal! $ct) '*93 (=5 of '*99!) section +) ?chedule I) Part II-

77?ubstituted)

for the words 1;ocal Government2) b% the Government of India ($daptation of Indian ;aws! 7rder) '* 6) as amended b% the Government of India ($daptation of Indian ;aws! ?upplementar% 7rder) '* 6-