22. Commitment of offenders between twelve and sixteen years of age to reformatory or industrial schools.- (1) When a youthful offender, who in the opinion of the Court before which he is charged is twelve years of age or upwards, is convicted of an offence punishable with transportation or imprisonment, the Court may, in addition to or in lieu of sentencing him according to law to any other punishment, order that be he sent to a reformatory school:
Provided that when the offender is ordered to be sent to a reformatory school he shall not in addition be sentenced to imprisonment.(2)When a youthful offender of twelve years age or upwards has been sentenced to transportation or imprisonment, the 1[State Government] may direct that, in lieu or under going or completing such sentence, he shall be sent to a reformatory school; and thereupon the offender shall be subject to all the provisions of this Act as if he had been originally sentenced to detention in a reformatory school.(3)When a youthful offender, who in the opinion of the Court before which he is charged is under twelve years of age, is convicted of an offence punishable with death, transportation or imprisonment, the Court may order that he be sent to an industrial school.(4)When a youthful offender of the age of twelve or thirteen years, who has not previously been convicted, is convicted or an offence punishable with transportation or imprisonment, and the Court is satisfied that the youthful offender should be sent to an industrial school, but, having regard to the special circumstances of the case, should not be sent to a reformatory school, and is also satisfied that the character and antecedents of the youthful offender are such that he will not exercise an evil influence over the other inmates of an industrial school, the Court may order the youthful offender to be sent to an industrial school after previously ascertaining that the managers are willing to receive him:Provided that the 1[State Government] may, on the application of the managers of the industrial school, by order, transfer the youthful offender to a reformatory school.(5)When a young person has been ordered by a Couple give security under section 106 or section 118 of the Code of Criminal Procedure, 1898 (Act V of 1898), and has failed to do so, the Court which made the order may order such young person id be sent to a reformatory school.
