6. Court may pass order for detention in a Borstal School.
- When an offender is found guilty of an offence for which he is liable to be sentenced to transportation or imprisonment, or is liable to imprisonment for failure to furnish security under Chapter VIII of the Code of Criminal Procedure 1898, (V of 1898), whether any previous conviction is proved against him or not, and it appears to the Court(a)that the offender is not less than sixteen or, in any district or place in which the Bombay Children Act 1924, (Bombay XIII of 1924), is not in operation less than fifteen, nor more than twenty-one years of age, and(b)that by reason of his criminal habits or tendencies or association with persons of bad character it is expedient that he should be subject to detention for such term and under such instruction and discipline as appears most conducive to his reformation, it shall be lawful for the Court, if empowered in this behalf, to pass, in lieu of a sentence of transportation or imprisonment or of an order of imprisonment under section 123 of the Code of Criminal Procedure, 1898, (V of 1898), an order for the detention of the offender in a Borstal School [established under this Act or subject to the provisions of section 13-A, in a Borstal School in any other] [These words, figures and letter were inserted by Bombay2 of 1936, Section 2 (1).] [State] [This word was substituted for the word 'Province' by the Adaptation of Laws Order, 1950.] in [India] [The word 'British' was omitted by the Adaptation of Laws Order, 1950.] for such term, not being less than [three] [The word 'three' was substituted for the word 'two' by Bombay 17 of 1935, Section 2.] years nor more than five years, as the Court subject to rules made under this Act, thinks fit :Provided that before passing such an order the Court shall give an opportunity to the parents or guardians of the said offender to be heard and shall consider any report or representation which may be made to it as to the suitability of the case for treatment in [such Borstal School] [The words 'such Borstal school' were substituted for the words 'a Borstal school' by Bombay 2 of 1936, Section 2(2).] 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.
