Section 1
Now see Limitation Act, 1963.
1. Now see Limitation Act, 1963.
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to expire after theterm ofimprisonment to which he was sentenced would expire had the orders not been .passed may, subject to the provisions of sub-seclion (.), appeal to the Sessions Judge, and the Sessions Judge may either confirm the order or set it aside 2nd rcsrore the sentence of imprisonment or if the order is for more than two years reduce it to a . [em nol shorter than two years nor shoner than the residue of iirtprjs~fimen: to which tie aEeridci WE sentenced.
Any person ordcred by a Sessions Judgc under the provisions of sub-section (3) to be dctained for a period to expire after fhe rem of inlprisonment to which he was sentenced would expire had such order not been passed, may, subject to the provisions of sub-section (9, appeal within thirty day of the order to the High Court and the High Court may pass any such ordcr as the Sessions Judge might have passed.
An appeal shall not lie under sub-section (3), or sub-section (4) sgainst a conviction or on any finding of fact but only on the ground that the order appealed against is illegal or unduly severe.
No person who has been previously detained for the whole NO person who period prescribed in an order of detenlion or who has been transferred to has been once jail undcr scction 20 of this Act, shall again be ordered to be detained.
to be delained again.
Any person detaincd for failure to fuhish sccurity shall be Release on released 01-1 fbmishing such security.
hmishing sccurity,
(1) Before passing an order of detention 'under this Act the Enquiry to be Magistratc, District Magistrate or Court, as the case may be, shall enquire made regarding or cause enquiry to be madc into the question of thc age or the oEender, the "ge of the
A similar enquiry shall be made and finding recorded by detention. every Magistrate no1 empowered to pass an ordcr of detention under this Act before submi tling his proceedings and fonvarding the accused to the Disbict Magistrate as required by sub-section (2) of scction 5 of this Act.
When any Magistrate, Dis tnct Magistrate or Court orders an Magistrate to offender to be detained, he or it, as the case may- bc, shalL record the give ground'
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of his opinion ordering derention.
Power to releasc On license-
(1926 : Pb. Act Xi
Subject to any gcneral or special directions of the '[State] Government the visiting committee with the sanction of- the Director of Borstnl lnstiktions 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 or authority of any ?[Government officcrj or (secular) institution or person or religious society (professing the same religion as the inmate ) named in the license who may be wilIing 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.
Absence under license to be counted towards period of deten tion.
Form of liccnse.
The time during which an inmate is absent under license from a Borstal Institution shall be reckoned as part of the period of detention.
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Every license granted under the provisions of section 15 shall be in such form and shall contain such conditions as the l[State) Goveinment may, by general or special order, direct.
Suspension and revocation of licenses.
Subject to any general or spccial directions of the '[Slate] Government, a license granted under section 1 5 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 recommendation 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.
PenaIty for escape.
-19. If any inmate escapes from a Borstal hstitutibn before the cxpiry 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 s~pervision zu!hority .;of any Go1:e~rnent cficer or (seculzr) institldtic~! 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 ccnvictiin 2jo n zagis:ratc be punishcd with
Substituled fdr the word "Provincial" by the Adaptation of Laws Ordw, 1950.
Substiruted for the words "Servants of rhc Crown" by he Adaptation of Laws (Thud Amendment) Ordcr, 195 1.
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., , impriso&ent of either description for a term which may ex tend to two years or with fine or with both, and his license shall be forfbitcd with effect from the date of his escape or failure lo return, as the case may be.
An offence under this section shall be deemed to be a of cognizable offence within the definition of that tm in the Code