(1)When any male person not less than sixteen or more than twenty-one years of age is convicted of an offence by a Court of Session, a Magistrate specially empowered under Section 30 of the [Code of Criminal Procedure, 1898 (V of 1898)] [See now the Code of Criminal Procedure, 1973 (2 of 1974).], or a Magistrate of the first class and when by reason of his criminal habits or tendencies or association with persons of bad character it is expedient, in the opinion of the Judge or Magistrate, that he should be detained, such judge or Magistrate may, in lieu of passing a sentence of transportation or imprisonment, pass an order of detention for a term which shall not be less than two years and shall not exceed five years when the order is passed by a Court of Sessions or a Magistrate, specially empowered under Section 30 of the [Code of Criminal Procedure, 1898 (V of 1898)] [See now the Code of Criminal Procedure, 1973 (2 of 1974).], and shall not be less than two years nor exceed three years when the order is passed by a Magistrate of the first class not so empowered.
