Reformatory Schools Act, 1897

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THE REFORMATORY SCHOOLS ACT, 1897 
 
              
 
CONTENTS 
I.—PRELIMINARY 
1.  Title and extent. 
2.­3.  [Repealed.] 
4.  Definitions. 
II. —REFORMATORY SCHOOLS 
5.  Power to establish and discontinue Reformatory Schools. 
6.  Requisites of schools. 
7.  Inspection of Reformatory Schools. 
8.  Power of Courts to direct youthful offenders to be sent to Reformatory Schools. 
9.  Procedure where Magistrate is not empowered to pass an order under section 8. 
10.  Power of Magistrates to direct boys under fifteen sentenced to imprisonment to be sent to 
 Reformatory Schools. 
11.  Preliminary inquiry and finding as to age of youthful offender. 
12.  Government to determine Reformatory School to which offenders shall be sent. 
13.  Persons found to be over eighteen years not to be detained in Reformatory School. 
14.  Discharge or removal by order of Government. 
15.  Agreement between Provinces. 
16.  Certain orders not subject to appeal or revision. 
 
 

 
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III. —MANAGEMENT OF REFORMATORY SCHOOLS 
17.  Appointment of Superintendent and Committee of Visitors or Board of Management. 
18.  Superintendent may license youthful offenders to employers of labour. 
19.  Cancellation of license. 
20.  Determination of license. 
21.  Cancellation of license in case of ill­treatment. 
22.  Superintendent to be deemed guardian of youthful offenders. 
 Power to apprentice youthful offender. 
23.  Duties of Committee of Visitors. 
24.  Powers of Board of Management. 
25.  Power to appoint Trustees or other Managers of a school to be a Board of Management. 
26.  Power of board to make rules. 
IV. —OFFENCES IN RELATION TO REFORMATORY SCHOOLS 
27.  Penalty for introduction or removal or supply of prohibited articles and communication with 
 youthful offenders. 
28.  Penalty for abetting escape of youthful offender. 
29.  Arrest of escaped youthful offender. 
V. —MISCELLANEOUS 
30.  [Repealed.] 
31.  Power to deal in other ways with youthful offenders, including girls. 
32.  Procedure when youthful offender under detention in a Reformatory School is again 
 Convicted and sentenced. 
 
 
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THE REFORMATORY SCHOOLS ACT, 1897 
 
1ACT No. VIII OF 1897 
[11th March, 1897] 
 
An Act to amend the law relating to Reformatory Schools and to make further provision for dealing with 
youthful offenders. 
 
 WHBREAS it is expedient to amend the law relating to Reformatory Schools and to make 
further provision for dealing with youthful offenders;  
 
 It is hereby enacted as follows: 
 
I. —PRELIMINARY 
 
 1. Title an extent.-(1) This Act may be called the Reformatory Schools Act, 1897; 2* 
  2[*        *          *          *          *          *          *          *          *          *          *          *] 
   3[(3) The Federal Government may, at any time, by notification in the official Gazet te, 
extend this Act to the Islamabad Capital Territory from such day as may be fixed in such 
notification.].] 
 
2 and 3. [Repeals.] Rep. by the Repealing Act, 1938 (I of ] 938), s. 2 and Schedule. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1For Statement of Objects and Reasons, see Gazette of India, 1896, Pt V, p. 187 ; for Report of the Select Committee, see ibid., 1897, Pt. VI, p. 55; and for 
Proceedings in Council, see ibid., 1896, Pt. V, pp. 222 and 251 ; and ibid., 1896, Pt. VI. pp. 44 and 68. 
This Act has been declared to be in force in Baluchistan by the British Baluchistan Laws Regulation. 1913 (2 of 1913), s. 3 and Sch. I. 
It has also been extended to the Leased Areas of Baluchistan. see the Leased Areas Laws) Order, 1950 (G.G.0.3 of 1950); and applied in the 
Federated Areas of Baluchistan, see Gazette of India. 1937, Pt. I. p. 1499. 
The Act, as in force in the North-West Frontier Province immediately before the commencement of N.W.F.P. Regulation No. II of 1974. has been applied to the 
Provincially Administered Tribal Areas of Chitral. Dir, Kalam. Swat and Malakand Protected Area, by N.W.F.P. Regulation, No. II of 1974. s. 3. 
This Act has been amended to the extent of Islamabad Capital Territory. see Ordinance No. 27 of 1981. s. 5 and 4th Sch. 
2The word “and” at the end of sub-section (1) and sub-section (2). rep, by the Repealing and Amending Act. 1914 (10 of 1914), s. 3 and 
Sch. II. 
3Subs. by Ord. XXVII of 1981, s. 5 and Sch. IV (only to the extent of ICT).
 
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 4. Definitions. In this Act, unless there is anything repugnant in the subject or context,- 
 
1(a)  “youthful offender” means any boy who has been convicted of any offence 
punishable with 2 [ *  *  * ]  or imprisonment and who, at the time of such 
conviction, was under the age of fifteen years: 
 
(b)    “Inspector   General”   includes   any   officer   appointed   by   the 
3[Provincial Government] to perform all or any of the duties imposed by 
this Act on the Inspector General: and 
 
 4[*                    *                      *                      *                      *                    *                      *] 
 
II. —REFORMATORY SCHOOLS 
 
 5. Power to establish and discontinue Reformatory Schools. 5*       *          * The 
3[Provincial Government] may— 
 
(a)  establish and maintain Reformatory Schools at such places as it may think 
fit; 
 
(b)  use as Reformatory Schools schools kept by persons willing to act in 
conformity with such rules, consistent with this Act, as the 3[Provincial  
Government]  may prescribe in this behalf; 
 
(c)  direct that any school so established or used shall cease  to exist as a 
Reformatory School or to be used as such. 
 
 6.  Requisites of schools. Every school so established or used must provide- 
 
 
(a)  sufficient means of separating the inmates at night; 
 
(b)  proper sanitary arrangements,  water-supply,  food, clothing and bedding 
for the youthful offenders detained therein; 
 
(c)  the means of giving such youthful offenders industrial training;  
 
(d)  an infirmary or proper place for the reception of such youthful offenders 
when sick. 
 
 7. Inspection of Reformatory Schools.—(1) Every school intended to be established or 
used as a Reformatory School shall, before being used as such, be inspected Schools by  the  
Inspector  General,  and  if  he  finds  that  the  requirements  of  section  6  have  been complied 
with, and that, in his opinion, such school is fitted for the reception of such youthful offenders as 
may be sent there under this Act, he shall certify to that effect, and such 
 
1In Sind the age-limit has been raised to 16: see the Bombay, Children Act, 1924 (Born. 13 of 1924). s. 4. 
2Omitted by Ord. XXVII of 1981, s. 5 and Sch. IV (only to the extent of ICT). 
3Subs. by A. 0., 1937, for “L.G.”. 
4Clause (c) omitted by A.O., 1949. Sch. 
5The words “With the previous sanction of the G, G. in C.” rep. by the Decentralization Act, 1914 (4 of 1914). s. 2 and Sch., Pt. I, 
 
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certificate  shall  be  published  in  the 1[official  Gazette],  together  with  an  order  of  the 
2[provincial Government] establishing the school as a Reformatory School or directing that it shall 
be used as such, and the school shall thereupon be deemed to be a Reformatory School. 
 
 (2) Every such school shall, from time to time, and at least once in every year, be visited 
by the said Inspector General, who shall send to the 2[Provincial Government] a report on the 
condition of the school in such form as the 2[Provincial Government] may prescribe. 
 
 8. Power of Courts to direct youthful offenders to be sent to Reformatory Schools.—
(1) Whenever any youthful offender is sentenced to 3[* * *] imprisonment, and is, in the judgement  
of the Court by which he is sentenced,  a  pro per  p erson  to  be an inmate  of a Reformatory   
School,  the  Court  may,  subject  to  any  rules  made  by  the 2[Provincial Government],  direct 
4that, instead  of  undergoing  his sentence,  he shall be sent to such a school, and be there 
detained for a period which shall be not less than 5 three or more than seven years. 
 
 (2) The powers so conferred on the court by this section shall be exercised only by (a) the 
High Court, (b), a Court of Session, (c) a  District Magistrate, and (d) any Magistrate specially 
empowered by the 2 [Provincial Government]  in  this behalf, and may be exercised by such 
Courts whether the case comes before them originally or on apeal. 
 
 (3) The 2[provincial Government] may make rules for- 
 
6(a)  defining what youthful offenders should be sent to Reformatory Schools, 
having regard to the nature of their offences or other considerations, and 
 
(b)  regulating the periods for which youthful offenders may be sent to such 
schools according to their ages or other considerations7. 
 
 
 9. Procedure where Magistrate is not empowered to pass an order under section 8.—(1) 
When any Magistrate not empowered to pass an order under  the  last  foregoing  section  is  of  
opinion  that  a  youthful  offender convicted by him is a proper person to be an inmate of a 
Reformatory  School,  he  may, without passing sentence, record such opinion and submit his 
proceedings and forward the youthful offender to the District Magistrate to whom he is 
subordinate. 
 
 (2) The Magistrate to whom the proceedings are so submitted may make such further 
inquiry (if any) as he may think fit and pass such sentence and order for the detention in a 
Reformatory School of the youthful offender, or oth erwise, as he might have passed if such 
youthful offender had been originally tried by him. 
 
 
1Subs. by A.O., 1937, for “local official Gazette”. 
2Subs. ibid., for “L. G.”. 
3Omitted by Ord. XXVII of 1981, s. 5 and Sch. IV (only to the extent of ICT). 
4For delegation of powers of a L.G. to the Commissioner in Sind under this section, see Born. Govt. Gazette, 1912, Pt, I. p. 1193. 
5This part of the section has been amended in Sind by the Bombay Children Act, 1924, (Bom. 13 of 1924), s. 4. 
6For rules made under this clause by the Punjab Government, see Punjab Gazette, dated the 2nd October, 1903, Extraordinary, p. 3. For rules made by the Chief 
Commissioner of Baluchistan, see Gaz. of P., 1954, Pt. VI, pp. 93-94. 
7For rules regulating the period for which youthful offenders may be sent to Reformatories, see different local R. & O. 
 
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 10. Power of Magistrates to direct boys under fifteen sentenced to imprisonment to 
be sent to Reformatory Schools. The officer in charge of a prison in which a youthful offender is 
confined, in execution of a sentence of imprisonment, may bring him, if he has not then attained the 
age of fifteen years, before the District Magistrate within whose jurisdiction such prison is situate; 
and such Magistrate may, if such youthful offender appears to be a proper person to be an inmate of 
a Reformatory School, direct that, instead of undergoing the residue of his sentence, he shall be 
sent to a Reformatory  School, and there detained for a period which shall be subject to the same 
limitations as are prescribed by or under section 8, with reference to the period of detention thereby 
authorised. 
 
 11. Preliminary inquiry and finding as to age of youthful offender.-(l) Before 
directing any youthful  offender  to be sent to a Reformatory  School  under  section  8, section  
9, or section 10, the Court or Magistrate shall inquire into the question of his age and, after  taking  
such  evidence  (If any)  as may  be  deemed  necessary,  shall  record  a finding thereon, stating 
his age as nearly as may be. 
 
 (2) A similar inquiry shall be made and finding recorded by every Magistrate not 
empowered  to  pass  an  order  under  section  8  b efore  submitting  his  proceedings  and 
forwarding  the youthful offender to the District Magistrate  as required by section 9, sub - 
section (1). 
 
 12. Government to determine Reformatory School to which offenders shall be sent. 
Every youthful offender directed by a Court or Magistrate to be sent to a Reformatory School shall 
be sent to s uch Reformatory School as the  
l
[Provincial Government] may, by general or special 
order, appoint for the reception of youthful offenders so dealt with by such Court or Magistrate: 
 
 Provided that, if accommodation in a Reformatory School is not immediately available 
for such youthful offender, he may be detained in the juvenile ward or such other suitable part 
of a prison as the 1[Provincial Government] may direct- 
 
(a)  until he can be sent to a Reformatory School, or 
 
(b)  until the term of his original sentence expires, whichever event may first 
happen. Should the term of his original sentence first expire, he shall 
thereupon be released, but should he be sent to a Reformatory School, then 
the period of detention previously undergone shall be treated as detention in 
a Reformatory School. 
 
 
 
 
 
 
 
 
 
 
 
1Subs.by A.O., 1937 , for “L.G.”. 
 
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 13. Persons found to be over eighteen years not to be detained in Reformatory 
Schools.—(1) If at any time after a youthful offender has been sent to a Reformatory School it 
appears to the Committee of Visitors or Board of Management, as the case may be, that the age 
of such youthful offender has been understated in the order for detention, and that he will attain 
the age of eighteen years before the expiration of the period for which he has been ordered to be 
detained, they shall report the case for the orders of the 1[Provincial Government]. 
 
 (2) No person shall be detained in a Reformatory School after he has been found by the 
1[Provincial Government] to have attained the age of eighteen years.  
 
 14. Discharge removal by order of Government. The 1[Provincial Government] may at 
any time order Discharge or any youthful offender- 
 
(a)  to be discharged from a Reformatory School; 
 
(b)  to be removed from one Reformatory School to another such school situate 
within the territories subject to su ch Government: Provided that the whole 
period of his detention in a Reformatory School shall not be increased by 
such removal.  2[15. Agreement between Provinces . The Provincial Governments  of any two Pr ovinces 
may after mutual agreement, generally or specially, notify in their respective official Gazettes that  
any  Reformatory  School  situated  in one  of  the  Provinces  shall  be available  for  the reception of 
youthful offenders directed to be sent  to a Reformatory School by any Court or Magistrate  in the 
other Province  and may thereupon  make  provision  for the removal  of youthful offenders 
accordingly.] 
 
 16. Certain orders not subject to appeal or revision. —Nothing contained in the 3[Code 
of Criminal Procedure, 1898 (Act V of 1898)], shall be construed to authorise any Court or 
Magistrate to alter or reverse in appeal or revision any order passed with respect to the age of a 
youthful offender or the substitution of an order for detention in a Reformatory School for 3[* * *] 
imprisonment. 
 
III-MANAGEMENT OF REFORMATORY SCHOOLS 
 
 17. Appointment   of   Superintendent   and   Committee   of   Visitors   or   Board   of 
Management.—(1) For the control and management of every Reformatory School, the 1[Provincial  
Government]  shall  
4
appoint  either  (a)  a  Superintendent  and  a  Committee  of Visitors, or (b) a 
Board of Management. 
 
 
 
 
 
 
 
 
1Subs. by A.O., 1937, for “L. G.”; 
2Subs. ibid., for the original section 15. 
3Subs. and omitted by Ord. XXVII of 1981, s. 5 and Sch. IV (only to the extent of ICT). 
4For notification making such appointments, See different local Rules and Orders. 
 
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 (2) Every Committee and every Board so appointed must consist of not less than five 
persons 1[* * *].  
 
 (3) The 2[Provincial Go vernment] may suspend or remove any Superintendent or  any 
Member of a Committee or Board so appointed. 
 
 18. Superintendent may license youthful offenders to  employers of labour.— (1)  Every 
Superintendent so appointed may, with the sanction of  the Committee, by license under his hand, 
permit any youthful offender sent to a Reformatory School, who has attained the age of fourteen 
years, to live under the charge of any trustworthy and respectable person named in the license, or any 
officer of Government or of a Municipality, being an employer of labour and willing  to receive and 
take charge of him, on the condition that the employer shall keep such youthful offender employed at 
some trade, occupation or calling. 
 (2) The license shall be in force for three months and no longer but may, at any time 
and from time to time until the expiration  of the period  for which  the youthful  offender  has 
been directed to be detained, be renewed for three months at a time. 
 
 19. Cancellation of license. The license shall be cancelled at the desire of the employer   
named in the license. 
 
 20. Determination of license. If during the term of the license the employer named 
therein dies,  or  ceases  from  b usiness  or to employ l abour,  or the period  for which  the 
youthful offender has been directed to be detained in the Reformatory  School expires,  the 
license shall thereupon cease and determine. 
 
 21. Cancellation of license in case of ill-treatment. If it appears to the Superintendent 
that the  employer  of  license  in  has  ill-treated  the  youthful  offender,  or  has  not  adequately 
provided for his lodging and maintenance, the Superintendent may cancel the license. 
 
 22. Superintendent to be deemed guardian of youthful offenders .—(1) The 
Superintendent of a Reformatory  School  shall  be deemed  to be the guardian  of every youthful  
offender detained  in  such  school,  within  the meaning of 1[Ordinance No. LVI of 1962]. 
 
 Power to apprentice youthful offender. — (2) If it appears to the Superintendent that any 
youthful offender licensed, under section 18 has behaved well during one or more periods of his 
license,  t he Superintendent  may, with the sanction,  of the Committee,  apprentice  him under 
the provisions of the said Act, and on such apprenticement  the  right to detain such youthful 
offender in a Reformatory School shall cease, and the unexpired term (if any) of his sentence shall 
be cancelled. 
 
 
 
 
 
 
1Subs. and omitted by Ord. XXVII of 1981, s. 5 and Sch. IV (only to the extent of ICT). 
2Subs. by A.O., 1937, for “L.G.”. 
 
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 23. Duties of Committee of Visitors. — (1) Every Committee  of Visitors appointed 
under section 17 for a Reformatory School shall, at least once in every month— 
 
(a)  visit the school, to hear complaints and see that the requirements of section 
6 have been complied with, and that the management of the school is 
proper in all respects; 
 
(b)  examine the punishment-book; 
 
(c)   bring any special cases to the notice of the Inspector-General; and 
 
(d)   see that no person is illegally detained in the School. 
 
 
 (2) If any member of a Committee of Visitors so appointed fails or neglects, during a 
period of six consecutive months, to visit the school and assist in the discharge of the duties 
aforesaid, he shall cease to be a member of such Committee. 
 
 24. Powers of Board of Management. If, in exercise of the power conferred by section 
17, the 1[Provincial Government] appoints a Board of Management for any Reformatory School, 
such Board shall have the powers and perform the functions  of  the Superintendent  under 
sections 18 to 22, both inclusive; and the license mentioned in section 18 may be under the hand  
of  their  chairman;  and  they  shall  be  deemed  to  be  the  guardians  of  the  youthf ul offenders 
detained in such school. 
 
 25. Power to appoint Trustees or other Managers of a school to be a Board of 
Management. The  1[Provincial  Government]  may  declare  a ny body  of  Trustees  or Managers  
of a school, who are willing to act in conformity  with the rules referred  to in section 5, clause (b), to 
be a Board of Management under this Act, and thereupon such body or Manager shall have all the 
powers and perform all the functions of such Board of Management. 
 26.  Power of  Board  to  make  rules.— (1) With the previous  sanction  of  the 
1[Provincial Government], every Board of Management of a Reformatory School may from time to 
time make rules consistent with this Act– 
 
(i)        to prescribe the articles which are to be deemed to be “prohibited articles”; and 
(ii)        to regulate— 
(a)      the conduct of business of the Board; 
  
(b)      the management of the school; 
  
(c)     the education and industrial training of youthful offenders; 
  
(d)     visits to, and communication with, youthful offenders; 
 
  
lSubs. by A.O., 1937,  for “L.G.”. 
 
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(e)       the terms and conditions under which any articles declared by the Board 
to be “prohibited articles” may be introdu ced into or removed out of t he 
school; 
 
(f)      the manner in which such articles are to be removed when introduced without 
due authority; 
 
(g) the conditions and li mitations un der whi ch su ch articles may be suppli ed 
outside the school to any youthful offender under order of detention therein; 
 
(h) the conditions on which the possession by any such youthful offender of 
such articles may be sanctioned; 
 
(i) the penalties to be imposed for the supply or possession of such articles when 
supplied or possessed without due authority; 
 
(j)        the punishment of offences committed by youthful offenders; and 
 
(k)       the granting of licenses for the employment of youthful offenders. 
 
 (2) In the absence of a Board of Management the 1[Provincial Government] may make rules 
consistent with this Act to regulate for any Reformatory School the matters mentioned in any clause 
of sub-section (1), other than clause (ii), (a), and also the mode in which the Committee of Visitors 
shall conduct their business. 
 
IV. —OFFENCES IN RELATION TO REFORMATORY SCHOOLS 
 
 27. Penalty for introduction or removal or s upply of prohibited articles and 
communication with youthful offenders. Whoever, contrary to any rule made under section 26, 
introduces or r emoves  or  attempts  by  any  means  whatever  to  introduce  or  remove  into  or  
from  any Reformatory School, or supplies or attempts to supply outside the limits of any 
Reformatory School to any youthful offender under order of detention therein, any prohibited article, 
and every officer or person in charge of a Reformatory School who, contrary to any such rule, 
knowingly suffers any such article to be introduced into or removed from any Reformatory School, 
to be possessed by any youthful offender detained therein, or to be supplied to any such youthful 
offender outside its limits, and whoever, contrary to any such rule, communicates or attempts to 
communicate with any su ch youthful offender, and whoever abets any offence made punishable 
under this section, shall, on conviction before a Magistrate, be liable to imprisonment for a term not 
exceeding six months, or to fine not exceeding two hundred rupees, or to both. 
 
 28. Penalty for abetting escape of youthful offender. Whoever abets an escape, or an 
attempt to  escape on  the part of a youthful offender from a Reformatory School, or from the  
employer of su ch youthful offender, shall be punis hable with imprisonment for a term which may 
extend to six months, or with fine not exceeding two hundred rupees, or with both. 
 
 
 
1Subs. by. A.O., 1937, for “L.G.”. 
 
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 29. Arrest of escaped youthful offender. A Police-officer may, without orders from a 
Magistrate and without a warrant, arrest any youthful offender sent to a Reformatory School under 
this Act, who has escaped from such school or from his employer, and take him back to such school 
or to his employer. 
 
V. —MISCELLANEOUS 
 
 30. [Application of Act XV of 1869 to youthful offenders detained in Reformatory Schools.] 
Rep. by the Prisoners Act, 1900 (III of 1900), s. 53 and Schedule III. 
 
 31. Power to deal in other ways with youthful offenders including girls.—(1) 
Notwithstanding anything contained in this Act or in any other enactment for the time being in force, 
any Court may,  if  it  shall  think  fit,  instead  of  sentencing any  youthful offender to  1[* * *] 
imprisonment or directing him to be detained in a Reformatory School, order him to be- 
 
(a)  discharged after due admonition, or 
 
(b)  delivered to  his parent or to his guardian or nearest adult relative, on such 
parent, guardian or relative executing a bond, with or without sureties, as the 
Court may require, to be responsible for the good behaviour of the youthful 
offender for any period not exceeding twelve months. 
 
 (2) For the purposes of this section the term “youthful offender” shall include a girl. 
 
 (3) The powers conferred on  the Court by this section sh all be exercised only  by Courts 
empowered by or under section 8. 
 
 (4) When any youthful offender is convicted by a Court not empowered to act under this 
section and the Court is of opinion that the powers conferred by this section should be exercised in 
respect of such youthful offender, it  may record such opinion and submit the proceedings and 
forward the youthful offender to the District Magistrate to whom such Court is subordinate. 
 
 (5) The District Magistrate to whom the proceedings are so submitted may thereupon make 
such order or pass such sentence as he might have made or passed if the case had originally been tried 
by him. 
 
 32. Procedure when youthful offender under detention in a Reformatory School is 
again convicted and sentenced. When a  youthful  offender  during  his  period  of  detention  in  a 
Reformatory School is again convicted by a Criminal Court, the sentence of such Court shall 
commence at once, notwithstanding anything to the contrary in section 397 of the 2Code of 
Criminal Procedure, 18 98, but the Court shall forthwith report the matter to the 3[Provincial 
Government] , which shall have power to deal with the matter in any way in which it thinks fit. 
 
___________ 
 
 
Date: 05-09-2024 
 
1Subs. and omitted by Ord. XXVII of 1981, s. 5 and Sch. IV (only to the extent of ICT). 
2See now the Code of Criminal Procedure, 1898 (V of 1898) 
3Subs. by A. 0.. 1937. for “L G.”.