Section 8 in The Tamil Nadu Borstal Schools Act, 1925
8. Power of Court to pass sentence of detention in Borstal School.
- [(1)] [Section 8 was renumbered as sub-section (1) of that section and in the sub-section as so renumbered the proviso was omitted by section 4(1) of the Tamil Nadu Borstal Schools (Amendment) Act, 1959 (Tamil Nadu Act 15 of 1959).] When it appears to a Court having jurisdiction under this Act that an adolescent offender should, by reason of his criminal habits or tendencies, or association with persons of bad character, be subjected to detention for such term and under such instruction and discipline as appears most conducive to his reformation and the repression of crime, it shall be lawful for the Court, in lieu of passing a sentence of imprisonment, to pass a sentence of detention in a Borstal School for a term which shall not be less than two years and shall not exceed five years, [but, in no case, extending beyond the date on which the adolescent offender will, in the opinion of the Court, attain the age of twenty three years.] [Added by section 3 of the Madras Borstal Schools (Amendment) Act, 1936 (Tamil Nadu Act XIX of 1936).][x x x] [Section 8 was renumbered as sub-section (1) of that section and in the sub-section as so renumbered the proviso was omitted by section 4(1) of the Tamil Nadu Borstal Schools (Amendment) Act, 1959 (Tamil Nadu Act 15 of 1959).](2)[ Before passing a sentence of detention in a Borstal School under sub-section (1), the Court-(a)shall call for a report from the Probation Officer of the area in which the offender permanently resided at the time when he committed the offence and shall consider such report,(b)shall consider any other report or representation which maybe made to it, and(c)may make such further enquiry as it thinks fit, as to the suitability of the case for treatment in a Borstal School and shall be satisfied that the character, state of health and mental condition of the offender and the other circumstances of the case are such that the offender is likely to profit by such instruction and discipline as aforesaid.(3)The report of a Probation Officer referred to in sub-section (2) shall be treated as confidential :] [Sub-sections (2) and (3) were added by section 4(2) of the Tamil Nadu Borstal Schools (Amendment) Act, 1959 (Tamil Nadu Act 15 of 1959).]Provided that the Court may, if it so thinks fit, communicate the substance thereof to the offender and may give him an opportunity of producing such evidence as may be relevant to the matter stated in the report.
