WHEREAS it is expedient to make provision for the establishment and regulation of Borstal schools for the detention and training of adolescent offenders;
[* * *] It is hereby enacted as follows:-
(2) It extends to the whole of Bangladesh.
(1) “adolescent offender” means any person who has been convicted of any offence punishable with imprisonment or who having been ordered to give security under section 106 or section 118 of the Code of Criminal Procedure, 1898, has failed to do so or who, having been dealt with under the provision of section 562 of the Code of Criminal Procedure, 1898,
has failed to enter into a bond or find securities or who, when the bond has been cancelled under section 126A of that Code, has failed to give fresh security and who at the time of such conviction or failure to give security
(i) in any area where the 3[* * *] Children Act, 1922, is in force, is not less than sixteen nor more than twenty-one years of age, or
(ii) in any other area is not less than fifteen nor more than twenty-one years of age;
(2) “Borstal school” means a school established by the Government under section 3;
(3) “Inspector-General” means the Inspector-General of Prisons and includes any officer appointed by the Government to perform all or any of the duties imposed, or to exercise all or any of the powers, conferred by this Act, on the Inspector-General; and
(4) “prescribed” means prescribed by rules made under this Act.
(2) For every Borstal school, a Visiting Committee shall be appointed in such manner as may be prescribed and the names of the members of the Visiting Committee or, when a member is appointed ex-officio, the office by virtue of which he has been appointed shall be published in the official Gazette.
(2) Before making an order under sub-section (1) the Court shall-
(a) inquire into the age of the offender and, after taking such evidence (if any) as may be deemed necessary, shall record a finding thereon stating his approximate age;
(b) After considering any report or representation which may be made to it as to the desirability of the detention of the adolescent offender in a Borstal school, satisfy itself 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 detention.
(2) Before forwarding an adolescent offender or taking bail for his appearance in accordance with the provisions of sub-section (1) the Court shall make the inquiry and record the finding prescribed in clause (a) of sub-section (2)of section 5 in respect of adolescent offender.
(3) A District or a Subdivisional Magistrate to whom an adolescent offender is forwarded or before whom an adolescent offender appears in accordance with the provisions of sub-section (1) may make such further inquiry (if any) as he may think fit and may, subject to the conditions contained in clause (b) of sub-section (2) of section 5, make an order for the detention of the adolescent offender in a Borstal school for a term which shall not be less than two and shall not exceed three years, or may return the record of the case to the Court which tried it for passing such sentence as that Court may think fit.
order of detention in a Borstal school is made under section 5 or section 6 by a Court in any case that comes before it originally may appeal-
(a) if the order is made by a Court of Session to the 5[High Court Division];
(b) if the order is made by the Court of any magistrate to the Court of Session;
within two months from the date of such order.
(2) The procedure prescribed for appeals in Chapter XXXI of the Code of Criminal Procedure, 1898, shall apply as far as possible to appeals under this section.
(3) The Appellate Court may dismiss the appeal or may
(a) reverse the order make any other order or pas any sentence which might have been lawfully made or passed in respect of the adolescent offender by the Court which passed the order of detention; or
(b) alter the term of detention subject to the limits prescribed in sub-section (1) of sections 5.
(2) a copy of the order of the Court directing the adolescent offender to be detained in a Borstal school shall forthwith be sent by the Court to the Inspector-General, who shall take immediate steps for the removal of the adolescent offender from the place of intermediate custody to a Borstal school as soon as may be practicable.
(3) The period during which the adolescent offender is kept in the prescribed place of intermediate custody shall, for the purposes of computing his total period of detention in a Borstal school, be deemed to be part of that detention.
Provided that the total period for which the adolescent offender was ordered to be detained in a Borstal school shall not be increased by such removal.
(a) Officer of Government,
(b) secular institution,
(c) religious society, or
(d) responsible person,
as may be approved by the Inspector-General and willing to take charge of the adolescent offender:
Provided that if in any case the Inspector-General does not accept the recommendation of the Visiting Committee under this sub-section, he shall report to the Government his reasons for not accepting the recommendation:
Provided also that no adolescent offender shall be permitted by license to leave under the supervision and authority of a religious society professing a religion other than the religion of the adolescent offender except with his consent or that of his guardian, if any.
(2) A license under this section shall be in force until the expiry of the term for which the adolescent offender was ordered to be detained in a Borstal School, unless sooner revoked or forfeited.
(3) The period during which an adolescent offender is absent from a Borstal school during the continuance of a license granted to him under this section shall, for the purposes of computing his term of detention in such school, be deemed to be part of that detention.
(2) If an adolescent offender removed himself from the supervision of the institution, society or person under which he was by license permitted to live, his license shall be deemed to have been revoked from the date on which he has so removed himself.
(a) is reported to the Government by the Visiting Committee of such school to be incorrigible or to be exercising a bed influence on the other inmates of the school, or
(b) escapes from the Borstal school or removes himself from the supervision of the institution, society or person under which he was permitted to live by license under section 12,
the Government may, alter the unexpired residue of the term of detention to such term of imprisonment of either description as the Government may determine:
Provided that the period of imprisonment shall not exceed-
(a) such unexpired residue, or
(b) the maximum period of imprisonment provided by law for the offence or the failure to give security, as the case may be, in consequence of which the adolescent offender was ordered to be detained in a Borstal school,
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1
Throughout this Act, except otherwise provided, the words “Bangladesh” and “Government” were substituted, for the words “East Pakistan” and “Provincial Government” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
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2
The word “Bengal” was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
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3
The word “Bengal” was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
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4
The words “High Court Division” were substituted, for the words “High Court” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
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5
The words “High Court Division” were substituted, for the words “High Court” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)