Section 9 in The United Provinces Borstal Act, 1938
9. Application of the Code of Criminal Procedure, 1898 and the Indian Limitation Act, 1908 and provisions of appeal and revision
(1)Subject to the provisions of sub-section (2) of this section the provisions of the Code of Criminal Procedure, 1898, relating to appeal, reference and revision Article 154 of the Indian Limitation Act, 1908, shall apply in the case of an order of detention 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, 1898, when a person who at the time of his conviction was not less than fifteen or more 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 appellate court or the High Court in the exercise of its powers of revision may in pursuance of sub-section (1) and the provisions of the Code of Criminal Procedure, 1898, and after making such inquiry as it may deem fit, alter a sentence of imprisonment or an order of commitment to prison, under section 123 of the Code of Criminal Procedure, to an order of detention, if for reasons described in sub-section (1) of section 5, it considers such alteration expedient, and may alter an order of detention to a sentence of imprisonment or an order of commitment to prison under section 123 of the Code of Criminal Procedure as the case may be, provided that the sentence of imprisonment, or order of commitment or order of detention shall not be in excess of the powers of the trial magistrate or court.(3)Any person who has been ordered to be detained in a Borstal Institution under the provisions of section 6 for a period to expire after the term of imprisonment to which he was sentenced would expire had the order not been passed, may subject to the provision of sub-section (5) appeal to the court of session, and such court may either confirm the order or set it aside and restore the sentence of imprisonment or if the order is for more than two years, reduce it to a term not shorter than the residue of imprisonment to which the offender was sentenced.(4)Any person ordered by a court of session under the provision of sub-section (3) 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 may, subject to the provisions of sub-section (5), appeal within thirty days of the order to the High Court and the High Court may pass any such order as the sessions court might have passed.(5)An appeal shall not be under sub-section (3) or sub-section (4) against any finding of fact but only on the ground that the order appealed against is illegal, or unduly severe.
