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State of Tamilnadu - Section

Section 7 in The Tamil Nadu Borstal Schools Act, 1925

7. Procedure when Magistrate is not empowered to pass sentence under this Act.

(1)When any Magistrate not empowered to pass sentence under this Act is of opinion that an adolescent offender is a proper person to be detained in a Borstal School, he may, without passing sentence, record such opinion and submit his proceedings [and forward the adolescent offender-] [Substituted for the words 'and forward the adolescent offender to the District Magistrate or Sub-divisional Magistrate to whom he is subordinate' by section 3(i) of the Madras Borstal Schools (Amendment) Act, 1938 (Madras Act XI of 1938).]
(a)in case the Magistrate is a Metropolitan Magistrate, the Chief Metropolitan Magistrate or if he has designated a salaried Metropolitan Magistrate in this behalf by general or special order to such salaried Metropolitan Magistrate; and
(b)in other cases to the District or Sub-divisional Magistrate to whom he is subordinate.
(2)[The Magistrate to whom the proceedings are so submitted] [Substituted for the words 'The District Magistrate or Sub-divisional Magistrate to whom the proceedings are so submitted' by section 3(i) of the Madras Borstal Schools (Amendment) Act, 1938 (Madras Act XI of 1938).] may make such further enquiry (if any) as he may think fit and may pass such sentence or order dealing with the case as he might have passed if such adolescent offender had originally been tried by him.