Section 9(2) in The United Provinces Borstal Act, 1938
(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.
