Section 11 in The Maharashtra Borstal Schools Act, 1929
11. [ Transfer from prison to Borstal school [or vice-versa] [This section was substituted for the original Section 11 by Bombay 3 of 1934, Section 2.].
(1)If the Inspector-General is satisfied that a person undergoing transportation or imprisonment in consequence of a sentence [passed under any law or undergoing imprisonment under an order made under section 123 of the Code of Criminal Procedure, 1898, for failure to give security] [These words were substituted for the original by Bombay 39 of 1948, Section 2.] being within the limits of age within which persons may be ordered to be detained in a Borstal school, by reason of his criminal habits or tendencies, or association with persons of bad character, might with advantage be detained in a Borstal school, the Inspector-General may by order in writing direct such person to be transferred from prison to a Borstal school [established under this Act or subject to the provisions of section 13A, to a Borstal school in any other [State] [This words, figures and letter were inserted by Bombay 2 of 1936, Section 3.] in [*] [The word 'British' was omitted by the Adaptation of Laws Order, 1950.] India] and to be detained in such school, in lieu of the unexpired residue of sentence, [or of the period of imprisonment which he is liable to undergo for failure to give security, as the case may be] [These words were inserted by Bombay 39 of 1948, Section 2.] for such period as together with the period of transportation, or imprisonment already undergone will not exceed the maximum period for which such person could have been ordered to be detained by a Court under section 6:Provided that the Inspector-General shall not, without the previous sanction of [the [State] [The words 'the Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] Government], direct such person to be detained in a Borstal school for a period which including the period of imprisonment or transportation undergone exceeds the period of imprisonment or transportation to which such person has been sentenced [or the period of imprisonment which he is liable to undergo for failure to give security, as the case may be] [These words were inserted by Bombay 39 of 1948, Section 2.].(2)A person transferred to a Borstal school under sub-section (1) shall upon transfer to such school be deemed to be an offender ordered to be detained by a Court under the provisions of section 6 and the provisions of the Act shall apply to such person accordingly.](3)[ Where a person transferred to a Borstal school under this section is at any time found unsuitable for training in the school, the Inspector-General may, on the recommendation of the Visiting Committee, commute the unexpired residue of the term of detention to such term of imprisonment as he may determine but in no case exceeding [the term of imprisonment in consequence of which such person was transferred to the Borstal school reduced by the period of imprisonment already undergone and of the period of detention in the Borstal school] [Sub-section (3) was added by Maharashtra 21 of 1960, Section 10(1).] and issue a warrant for confinement of the offender in a prison and thereupon the provisions of sub-section (2) of section 12 shall apply to such offender as if he had been so ordered to be confined in the prison by warrant under the hand of a Secretary to the State Government.](4)[ Where any person after he has been detained in a Borstal school has been found guilty of an offence committed before his detention therein and sentenced to imprisonment mentioned in sub-section (1) by a court of law, then the Inspector-General may by order in writing commute the period of such imprisonment to that of detention in a Borstal school, and notwithstanding anything contained in this Act direct that such person be detained in the Borstal school beyond the normal period of detention therein for such period as together with the period of imprisonment already undergone will not exceed the maximum period for which such person could have been ordered to be detained by a Court under section 6:Provided that no such person shall be detained in the Borstal school after he has attained the age of twenty-five years.] [Sub-section (4) was added by Maharashtra 57 of 1975, Section 2(2).]
