Section 12 in The Bombay Borstal Schools Act, 1929
12. Transfer of incorrigibles, etc. to prison.
(1)Where an offender detained in a Borstal School escapes, or is reported to the [[State] [The words 'Provincial Government' were substituted for the words 'Governor in Council' by the Adaptation of Indian Laws Order in Council.] Government] by the Inspector General to be incorrigible or to exercise [or to be likely to exercise] [These words were inserted by Bombay. 39 of 1948, Section 3 (i).] a bad influence on the other inmates of the School, [or to be more than twenty years of age] [The words 'or to be more than twenty years of age' were inserted by Bombay. 10 of 1932, Section 2], [or where a licence granted under section 14 is revoked by the [State] [These words, figures and brackets were inserted by Bombay 39 of 1948, s (3) (ii).] Government under clause (i) of the proviso to sub-section (1) of section 15 or is, in the opinion of the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government, otherwise unsuitable for training in a Borstal School], the [[State] [The words 'Provincial Government' were substituted for the words 'Governor in Council' by the Adaptation of Indian Laws Order in Council.] Government] may commute the unexpired residue of the term of detention to such term of imprisonment of either description as the [[State] [The words 'Provincial Government' were substituted for the words 'Governor in Council' by the Adaptation of Indian Laws Order in Council.] Government] may determine, but in no case exceeding the shorter of the following two periods:(a)the unexpired residue of the term of detention, or(b)the maximum period of Imprisonment provided by law for the offence of which the offender was found guilty or the failure to give security, as the case may be, in consequence of which the offender was ordered to be detained in a Borstal school [or ordered to be transferred to and detained in such school by the Inspector General.] [These words were added by Bombay 3 of 1934, Section 3.](2)Such offender may be confined in any prison within the [State of Gujarat] [These words were substituted for the words 'State of Bombay' by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.] by warrant under the hand of a Secretary to [the [State] [The words 'the Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] Government] and effect shall be given to such warrant and the sentence of imprisonment passed upon such offender shall be executed in the same manner as if such person had been sentenced by a competent court of criminal jurisdiction.
