5. Powers of Court to pass a sentence of detention in a Borstal Institution in the case of a convict under twenty one years of age in lieu of transportation or rigorous imprisonment.
(1)When any male person not less than sixteen or more than twenty-one years of age is convicted of an offence by a Court of Session, a Magistrate specially empowered under Section 30 of the [Code of Criminal Procedure, 1898 (V of 1898)] [See now the Code of Criminal Procedure, 1973 (2 of 1974).], or a Magistrate of the first class and when by reason of his criminal habits or tendencies or association with persons of bad character it is expedient, in the opinion of the Judge or Magistrate, that he should be detained, such judge or Magistrate may, in lieu of passing a sentence of transportation or imprisonment, pass an order of detention for a term which shall not be less than two years and shall not exceed five years when the order is passed by a Court of Sessions or a Magistrate, specially empowered under Section 30 of the [Code of Criminal Procedure, 1898 (V of 1898)] [See now the Code of Criminal Procedure, 1973 (2 of 1974).], and shall not be less than two years nor exceed three years when the order is passed by a Magistrate of the first class not so empowered.(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 such 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 or Sub-Divisional Magistrate to whom he is subordinate.(3)The District Magistrate or Sub-Divisional Magistrate to whom the proceedings are so submitted may make such further enquiry (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 its commencement.
