Section 5 in The United Provinces Borstal Act, 1938
5. Power of Courts to pass a sentence of detention in a Borstal institution in the case of a conviction under twenty-one years of age in lieu of transportation or rigorous imprisonment
(1)When any male person not less than fifteen or more than twenty-one years of age is convicted of an offence by a court of session or a magistrate of the first class or is ordered by such court or magistrate to give security, for good behaviour and fails to give such security and when, by reason of his criminal habits or tendencies or association with persons of bad character, it is expedient, in the opinion of such court or magistrate, that he should be detained, such court or magistrate may, 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 years or more than five years when the order is passed by a court of session, and shall not be less than two years or more than three years when the order is passed by a magistrate :Provided that the State Government may by rule declare that persons belonging to such criminal tribes as may be prescribed shall not be eligible to be detained and no person belonging to any such class shall be ordered to be detained.(2)When any magistrate, not empowered to pass such order, is of opinion that an offender convicted by him is a person in respect of whom an order should be passed in accordance with the provisions of sub-section (1) he shall without passing any sentence, record such opinion and submit his proceedings and forward the accused to the District Magistrate to whom he is subordinate. The District Magistrate to whom the proceedings are so submitted may make such further inquiry (if any) as he may 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 by him from the commencement.
