PUNJAB BORSTAL ACT, 1926

Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: 69bb35a66f7823c4d237b59203ccd460bff7e3801cfce04da00929fbbd4db6ae.

1926: Act XI 
CONTENTS 
1. Short title, extent and commencement. 
2. Definitions. 
3. Establishment of Borstal Institutions. 
4. Appointment of Director of Borstal Institutions, officers and visiting 
committee. 
5. Powers of courts to pass a sentence of detention in a Borstal Institution 
in the case of a convict under twenty -one years of age in lieu of 
transportation or rigorous imprisonment. 
6.  Special powers of District Magistrate. 
7. Detention of prisoners confined in the Lahore Borstal Jail. 
8. Power of Superintendent of Jail to present prisoner less than 21 years of 
age before District Magistrate for detention in a Borstal Institution. 
9. When action may not be taken under section 8. 
 10. Application of the Code of Criminal Procedure, 1898 and the Limitation 
Act, 1908 and provisions for appeal and revision. 
 11. No person who has been once detained to be detained again. 
 12. Release on furnishing security. 
 13. Enquiry to be made regarding the age of the offender before the passing 
of an order of detention. 
 14. Magistrate to give grounds of his opinion before ordering detention. 
 15. Power to release on license. 
 16. Absence under license to be counted towards period of detention. 
 17. Form of license. 
 18. Suspension and revocation of licenses. 
 19. Penalty for escape. 
 20. Incorrigibles. 
 21. Inmates appointed officers to be public servants. 
THE PUNJAB BORSTAL ACT, 1926 
(XI of 1926) 
 
 22. Extra-mural custody, control and employment of inmates. 
 23. Penalty for introduction or removal of prohibited articles into or from 
Borstal Institutions and communication with inmates. 
 24. Power to arrest for offences under section 23. 
 25. Publication of penalties. 
 26. Officers in charge of Borstal Institutions to detain persons duly 
committed to their custody. 
 27. Officers in charge of Borstal Institutions to return orders, etc., after 
execution or discharge. 
 28. Powers for officers in charge of Borstal Institutions to give effect to 
orders of certain courts. 
 29. Warrant of officers of such Courts to be sufficient authority. 
 30. Procedure where officer in charge of Borstal Institution doubts the 
legality of order sent to him for execution. 
 31. Lunatic inmates, how to be dealt with. 
 32. Application to Borstal Institution of certain provisions of the Prisons 
Act, 1894, and the Prisoners Act, 1900. 
 33. How punishment of whipping may be inflicted on an inmate. 
 34. Power to make rules under the Act. 
 35. Powers of the Provincial Government to vary age limit, and to apply the 
Act to females. 
 36. Whipping not to be inflicted on females. 
 
TEXT 
1
THE PUNJAB BORSTAL ACT, 1926 
(XI of 1926) 
[27 August 1926] 
An 
Act 
to make provision for the establishment and regulation of Borstal Institutions in the Punjab 
and for the detention and training of adolescent offenders therein. 
Preamble.– WHEREAS it is expedient to make provision for the establishment and regulation 
of Borstal Institutions in the Punjab, and for the detention and training of adolescent offenders 
therein; and whereas the previous sanction of the Governor-General under sub-section (3) of 
section 80-A of the Government  of India Act has been obtained, i t is hereby enacted as 
follows:– 
1. Short title, extent and commencement .– (1) This Act may be called the Punjab 
Borstal Act, 1926. 
 (2) It extends to the Punjab. 
(3) It shall come into force on such date
2
 as the 
3
[Provincial Government] may by 
notification appoint in this behalf. 
2. Definitions.– In this Act unless there is anything repugnant in the subject or 
context,– 
(1) “Borstal Institution” means a place in which offenders may be detained under 
this Act and given such industrial training and other instruction and subjected to such 
disciplinary and moral influences as will conduce to their reformation; 
(2) “detained” means deta ined in, and “detention” means detention in a Borstal 
Institution; 
(3) “inmate” means any person ordered to be detained; 
(4) “offence” means– 
(i) an offence punishable with transportation or rigorous imprisonment under the 
4
[Pakistan] Penal Code other than– 
(a) an offence punishable with death; 
(b) an offence punishable under Chapter V-A or Chapter VI of the said code; 
(ii) an offence punishable with imprisonment under the Public Gambling Act, 
1867
1
; 
                                                           
1For Statement of Objects and Reasons, see Punjab Gazette, Part I,  dated June 18, 1926, pp. 579-80; for Proceedings in 
Council, see Punjab Legislative Council Debates, Volume IX -B, p p. 111-12. This Act received the assent of the Governor -
General on July 22, 1926; that of the Governor -General on August 16, 1926; and was published in the Punjab Gazette , Part I, 
dated August 27, 1926, pp. 809-815. 
2It came into force on August 1, 1932. 
3Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published 
in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. 
4Substituted for the word “Indian” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in 
the Punjab Gazette (Extraordinary), dated January 21, 1955, pp. 87-108, s. 2 read with First Schedule. 
(iii) an offence punishable with imprisonment under the Opium Act, 1878
2
; 
(iv) an offence punishable with imprisonment under the Punjab Excise Act, 1914
3
; 
(5) “officer” means an officer of a Borstal Institution appointed in such manner as 
may be prescribed; 
(6) “prescribed” means prescribed by rules made by the 
4
[Provincial Government] 
under the provisions of this Act; 
(7) “security for good behaviour” means security for good behaviour otherwise 
than for political activities under section 109 or section 110 of the Code of Criminal 
Procedure, 1898
5
; 
(8) “Superintendent” means a Superintendent of a Borstal Institution appointed in 
such manner as may be prescribed. 
3. Establishment of Borstal Institutions.– For the purposes of this Act the 
6
[Provincial 
Government] may establish one or more Borstal Institutions. 
4. Appointment of Director of Borstal Institutions, offic ers and visiting 
committee.– (1) The 
7
[Provincial Government] shall appoint any person , not being a police 
officer, to be Director of Borstal Institutions, and he shall exercise, subject to the orders of 
the 
8
[Provincial Government], general control and superintendence of all Borstal Institutions. 
(2) For every Borstal Institution the 
9
[Provincial Government] shall appoint a 
Superintendent, and such other officers as may be necessary. 
(3) For every Borstal Institution a visiting committee shall be appointed in such 
manner as may be prescribed. 
5. Powers of courts to pass a sentence of detention in a Borstal Institution in the 
case of a convict under twenty-one years of age in lieu of transport ation or rigorous 
imprisonment.– (1) When any male person less than twenty -one years of age is convicted 
of an offence by a court of sessions, a Magistrate specially empowered under section 30 of 
the Code of Criminal Procedure, 1898
10
, or a Magistrate of th e first class, or is ordered to 
give security for good behaviour and fails to give such security, and when by reason of his 
criminal habits or tendencies or associations 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 rigorous imprisonment, pass an order 
of detention for a term which shall not be less than two years and shall not ex ceed seven 
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
11
, and shall not be less than two 
                                                                                                                                                                                     
1III of 1867. 
2I of 1878. 
3I of 1914.  
4Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the 
Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. 
5V of 1898. 
6Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the 
Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. 
7Ibid. 
8Ibid. 
9Ibid.  
10V of 1898. 
11V of 1898. 
years nor exceed three years, when the order is passed by a Magistrate of the first class no t 
so empowered. 
(2) When any Magistrate, not empowered to pass such order is of opinion that an 
offender convicted by him is a person in respect of whom such order should be passed in 
accordance with the provisions of sub -section (1) he may, without passin g any sentence, 
record such opinion and submit his proceedings and forward the accused to the District 
Magistrate to whom he is subordinate. 
(3) The District Magistrate to whom the proceedings are so submitted may make 
such further enquiry (if any) as he m ay deem fit and pass such order for the detention of the 
offender or such other sentence or order, as he might have passed if the trial had been held 
by him from its commencement. 
6.  Special powers of District Magistrate .– When any male person less than t wenty-
one years of age has been sentenced for an offence by a Magistrate to rigorous 
imprisonment, or when ordered by a Magistrate to give security, for good behaviour has 
failed to give such security, and has been committed to or confined in prison and no  appeal 
has been preferred against such sentence or order within the time prescribed by law and 
when by reason of such person’s criminal habits or tendencies or association with persons of 
bad character it is expedient, in the opinion of the District Magis trate, that he should be 
detained, the District Magistrate may order that such persons shall in lieu of undergoing 
imprisonment be detained for a period not less than two years nor more than three years. 
7. Detention of prisoners confined in the Lahore Bor stal Jail.– If it appears to the 
1
[Provincial Government] that any male person, le ss than twenty -one years of age  who 
having been sentenced to rigorous imprisonment for an offence or having been committed to 
or confined in prison for failing to give securi ty for good behaviour is at the time of the 
commencement of this Act confined in the Lahore Borstal Jail, should for the reasons 
described in sub -section (1) of section 5 be detained, the 
2
[Provincial Government] may 
direct that he be detained for a period  not exceeding the residue of his sentence or of the 
period for which security was required, as the case may be, provided that such order shall 
be subject as regards the period of detention to any order passed on appeal against or 
revision of the sentence or order of commitment or confinement in prison. 
8. Power of Superintendent of Jail to present prisoner less than 21 years of age 
before District Magistrate for detention in a Borstal Institution.– Whenever it appears to 
the Superintendent of a Jail that a ny male person less than twenty -one years of age 
sentenced to transportation or rigorous imprisonment for an offence or committed to or 
confined in prison for failing to give security for good behaviour should for the reasons 
described in sub -section (1) o f section 5 be detained, he shall cause such prisoner to be 
produced before the District Magistrate in whose jurisdiction the Jail is situated, and if the 
District Magistrate after making such enquiry as he may deem proper or as may be 
prescribed is satisf ied that the prisoner should for the reasons described in the said sub -
section be detained, he may order the prisoner to be removed from jail and detained for a 
period equal to the unexpired term of the transportation or imprisonment to which he was 
sentenced, or of the period for which security was required from him, as the case may be. 
9. When action may not be taken under section 8 .– No order shall be made under 
the provisions of section 8– 
                                                           
1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published 
in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations.  
2Ibid.  
(i) until the time allowed by law for the prisoner to appeal has  expired or if an 
appeal has been preferred until such appeal has been finally decided; or 
(ii) if an application made on appeal or otherwise to have the sentence altered into 
an order of detention, has been rejected by an Appellate Court or the High 
Court; or 
(iii) in the case of any person who has been sent to a Reformatory School in 
accordance with the provisions of the Reformatory Schools Act, 1897
1
. 
10. Application of the Code of Criminal Procedure, 1898 and the 
2
[*] Limitation Act, 
1908 and provisions for appeal and revision.– (1) Subject to the provisions of sub-section 
(2) of this section the provisions of the Code of Criminal Procedure, 1898
3
, relating to appeal, 
reference and revision and Articles 154 and 155 of the 
4
[*] Limitation Act, 1908
5
, shall apply 
in the case of an order of detention passed under section 5 as if the order ha d been a 
sentence of imprisonment for the same period as the period for which detention was 
ordered. 
(2) Notwithstanding anything contained in section 423 of the Code of Criminal 
Procedure, 1898
6
, when a person who at the time of his conviction was less than twenty -one 
years of age has been convicted of an offence , or when such person on being ordered to 
furnish security for good behaviour has failed to furnish such securi ty, an appellate court or 
the High Court in the exercise of its powers of revision, may in pursuance of sub -section (1) 
and the provisions of the Code of Criminal Procedure, 1898
7
, and after making such inquiry 
as it may deem fit, alter a sentence of impri sonment or an order of commitment to prison 
under section 123 of the Code of Criminal Procedure to an order of detention, if for reasons 
described in sub -section (1) of section 5, it considers such alteration expedient, and may 
alter an order of detention to a sentence of imprisonment or an order of commitment to 
prison under section 123 of the Code of Criminal Procedure, as the case may be, provided 
that the sentence of imprisonment, order of commitment, or order of detention, shall not be 
in excess of the powers of the trial Magistrate or court. 
(3) Any person who has been ordered to be detained in a Borstal Institution 
under the provisions of section 6 for a period to expire after the term of imprisonment to 
which he was sentenced would expire had the order not been passed , may, subject to the 
provisions of sub -section (5), appeal to the Sessions Judge, and the Sessions Judge may 
either confirm the order or set it aside and restore the sentence of imprisonment or if the 
order is for more than two years red uce it to a term not shorter than two years nor shorter 
than the residue of imprisonment to which the offender was sentenced. 
(4) Any person ordered by a Sessions Judge under the provisions of sub -section 
(3) to be detained for a period to expire after the  term of imprisonment to which he was 
sentenced would expire had such order not been passed, may, subject to the provisions of 
sub-section (5) appeal within thirty days of the order to the High Court and the High Court may 
pass any such order as the Sessions Judge might have passed. 
                                                           
1VIII of 1897. 
2Omitted the word “Indian” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in the 
Punjab Gazette (Extraordinary), dated January 21, 1955, pp. 87-108, s. 2 read with First Schedule.  
3V of 1898. 
4Substituted for the word “Indian” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in 
the Punjab Gazette (Extraordinary), dated January 21, 1955, pp. 87-108, s. 2 read with First Schedule. 
5IX of 1908. 
6V of 1898.  
7V of 1898. 
(5) An appeal shall not lie under sub -section (3) or sub -section (4) against a 
conviction or on any finding of fact but only on the ground that the order appealed against is 
illegal, or unduly severe. 
11. No person who has been once detained to be detained again .– No person who 
has been previously detained for the whole period prescribed in an order of detention or who 
has been transferred to jail under section 20 of this Act, shall again be ordered to be detained. 
12. Release on furnishing security.– Any person detained for failure to furnish security 
shall be released on furnishing such security. 
13. Enquiry to be made regarding the age of the offender before the passing of an 
order of detention.– (1) Before passing an order of detention under this Act the Magistrate, 
District Magistrate or Court, as the case may be, shall enquire or cause enquiry to be made 
into the question of the age of the offender and after taking such evidence (if any) as may be 
deemed necessary or proper shall record a finding thereon. 
(2) A similar enquiry shall be made and finding recorded by every Magistrate not 
empowered to pass an order of detention under this Act before submitting his proceedings 
and forwarding the accused to the District Magistrate a s required by sub -section (2) of 
section 5 of this Act. 
14. Magistrate to give grounds of his opinion before ordering detention.– When any 
Magistrate, District Magistrate or Court or ders an offender to be detained  he or it, as the 
case may be, shall record  the grounds of his or its opinion that it is expedient that the 
offender be detained. 
15. Power to release on license .– Subject to any general or special directions of the 
1
[Provincial Government], the visiting committee with  the sanction of the Director of Borstal 
Institutions, may at any time after the expiration of one -third of the period of detention, or of 
two years, whichever is shorter, if satisfied that the inmate is likely to abstain from crime, and 
lead a useful and industrious life, by license p ermit him to be discharged from the Borstal 
Institution on condition that he be placed under the supervision or authority of any 
2
[
3
[servant of 
the State]] or (secular) institution or person or religious society (professing the same religion as 
the inmate) named in the licence who may be willing to take charge of him. A license granted 
under this section shall be in force until the term for which the inmate was ordered to be 
detained has expired unless sooner suspended, revoked or forfeited. 
16. Absence under license to be counted towards period of detention .– The time 
during which an inmate is absent under license from a Borstal Institution shall be reckoned 
as part of the period of detention. 
17. Form of license.– Every license granted under the provisions  of section 15 shall be 
in such form and shall contain such conditions as the 
4
[Provincial Government] may, by 
general or special order, direct. 
                                                           
1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published 
in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations.  
2Substituted for the words “Government officer” by the Government of India (Adaptation of Indian Laws) Order, 1937, published 
in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s.3.  
3Substituted for the words “servant of the Crown” by the West Pakistan Laws (Adaptation ) Order, 1964, vide Notification No. 
Integ.7.13/62, published in the Gazette of West Pakistan  (Extraordinary), dated June 3, 1964, pp. 1805-1849, Article.2(1) read 
with serial No.11, Part II of the Schedule.  
4Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published 
in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations.  
18. Suspension and revocation of licenses .– Subject to any general or special 
directions of the 
1
[Provincial Government], a license granted under section 15 may be 
suspended for a period not exceeding three months by the Superintendent of a Borstal 
Institution or revoked at any time by the visiting committee on the recommendation of the 
Director of Borstal Institut ions. Where the license of any inmate has been suspended or 
revoked he shall return to the Borstal Institution, and if he fails to do so he may be arrested 
without warrant and taken to the institution. 
19. Penalty for escape .– If any inmate escapes from a Borstal Institution before the 
expiry of the period for which he was ordered to be detained or if any inmate absent on 
license from a Borstal Institution escapes from the supervision or authority of any 
Government officer or (secular) institution or person  or religious society in whose charge he 
was placed or fails on the suspension or revocation of his license to return to the Borstal 
Institution, he may on conviction by a Magistrate be punished with imprisonment of either 
description for a term which may extend to two years or with fine or with both, and his 
license shall be forfeited with effect from the date of his escape or failure to return, as the 
case may be. 
 An offence under this section shall be deemed to be a cognizable offence within the 
definition of that term in the Code of Criminal Procedure, 1898
2
. 
20. Incorrigibles.– Where an inmate is reported to the 
3
[Provincial Government] by the 
Visiting Committee to be incorrigible or to be exercising a bad influence on the other inmates 
of the institut ion or is convicted under section 19 of this Act, or is reported by the 
Superintendent to have committed an offence which has been declared to be a major Borstal 
Institution offence by rules made by the 
4
[Provincial Government] in pursuance of the 
provisions of sub -section (14) of section 34 of this Act, the 
5
[Provincial Government] may 
commute the residue of the term of detention to such term of imprisonment of either 
description not exceeding such residue as the 
6
[Provincial Government] may direct, and may 
order the transfer of the inmate to any jail in the Punjab in order to complete the said term of 
imprisonment. 
21. Inmates appointed officers to be public servants .– Inmates who have been 
appointed as officers shall be deemed to be public servants within  the definition of that term 
in the 
7
[Pakistan] Penal Code. 
22. Extra-mural custody, control and employment o f inmates.– An inmate when 
being taken to or from any Borstal Institution in which he may be lawfully detained or 
whenever he is working outside or  is otherwise beyond the limits of any such Borstal 
Institution in or under the lawful custody or control of an officer belonging to such Borstal 
Institution shall be deemed to be under detention and shall be subject to all the same incidents 
as if he were actually in a Borstal Institution. 
                                                           
1Ibid.  
2V of 1898. 
3Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published 
in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations.  
4Ibid.  
5Ibid.  
6Ibid.  
7Substituted for the word “Indian” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in 
the Punjab Gazette (Extraordinary), dated January 21, 1955, pp. 87-108, s. 2 read with First Schedule.  
23. Penalty for introduction or removal of prohibited articles into or from Borstal 
Institutions and communication with inmates .– Whoever, contrary to any rule under 
section 34, introduces or removes, or attempts by any means whatever to introduce or 
remove, into or from any Borstal Institution, or supplies or attempts to supply to any inmate 
outside the limits of such Institution any prohibited article,  
 and every officer of a Borstal Institution who, contrary to any su ch rule, knowingly 
suffers any suc h article to be introduced into or removed from any Borstal Institution to be 
possessed by any inmate, or to be supplied to any inmate outside the limits of Borstal 
Institution,  
 and whoever contrary to any such rule, com municates or attempts to communicate 
with any inmate,  
 and whoever abets any offence made punishable by 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. 
24. Power to arrest for offences under section 23.– When any person, in the presence 
of any officer of a Borstal Institution commits any offence specified in the last foregoing 
section, and refuses on demand of such officer to stat e his name and residence, or gives a 
name or residence which such officer knows, or has reason to believe, to be false, such officer 
may arrest him, and shall without unnecessary delay make him over to a Police-officer, and 
thereupon such Police-officer sh all proceed as if the offence had been committed in his 
presence. 
25. Publication of penalties .– The Superintendent shall cause to be affixed, in a 
conspicuous place outside the Borstal Institution, a notice in English and 
1
[Urdu] setting forth 
the acts prohibited under section 23 and the penalties incurred by their commission. 
26. Officers in charge of Borstal Institutions to detain persons duly committed to 
their custody.– The officer in charge of a Borstal Institution shall receive and detain all 
persons duly committed to his custody under this Act according to the directions contained in 
the order by which such person has been committed or until such person is discharged or 
removed in due course of law. 
27. Officers in charge of Borstal Institutions to return orders, etc., after execution or 
discharge.– The officer in charge of a Borstal Institution shall forthwith, after the execution of 
every such order as aforesaid or after the discharge of the person committed thereby, return 
such order to the Magistr ate, District Magistrate or Court by which the same was issued or 
made, together with a certificate, endorsed thereon and signed by him, showing how the same 
has been executed, or why the person committed thereby has been discharged from detention 
before the execution thereof. 
28. Powers for officers in charge of Borstal Institutions to give effect to orders of 
certain courts.– (1) Officers in charge of Borstal Institutions may give effect to any order for 
the detention of any person passed or issued– 
2
[(a) any Court or Tribunal acting within or without Pakistan under the general or special 
authority of the 
1
[Federal] or any Provincial Government; or]  
                                                           
1Substituted for the words “the Vernacular” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), 
published in the Punjab Gazette (Extraordinary), dated January 21, 1955, pp. 87-108, s. 2 read with First Schedule.  
2Substituted by the West Pakistan Laws (Adaptation) Order, 1964, vide Notification No.  Integ.7.13/62, published in the Gazette 
of West Pakistan (Extraordinary), dated June 3, 1964, pp. 180 5-1849, Article  2(1) read with  serial No.11, Part II of  the 
Schedule. 
(b) by any Court or tribunal in 
2
[any 
3
[acceding] State] –  
(i) 
4
[ * * * * * * * *   ]  
(ii) if the reception, or detention 
5
[in the 
6
[Punjab]] of persons ordered to be detained 
by any such court or tribunal has been authorized by general or special order 
7
[by 
the Provincial Government]; or 
8
[(c) by any other Court or Tribunal in any 
9
[acceding] State with the  previous 
sanction of the Provincial Government in the case of each such order.] 
(2) Where a Court or tribunal 
10
[in an 
11
[acceding] State] has passed an order which 
cannot be executed without the concurrence of a 
12
[servant of the State], and such order has 
been considered on the merits and confirmed by any such officer specially authorised in that 
behalf, such order and any order issued in pursuance thereof, shall be deemed to be the order 
of a Court or tribunal acting under the authority of the 
13
[
14
[Federal Government] 
15
[* * * *]]. 
29. Warrant of officers of such Courts to be sufficient authority.– An order under the 
official signature of an officer of such Court or tribunal as is referred to in section 28 shall be 
sufficient authority for detaining any person, in pursuance of the order passed upon him. 
30. Procedure where officer in  charge of Borstal Institution doubts the legality of 
order sent to him for execution .– (1) Where an officer in  charge of a Borstal Institution 
doubts the legality of an order sent to him for execution, or the competency of the person 
                                                                                                                                                                                     
1Substituted for the word “Central” by the Federal Adaptation of Laws Order, 1975 (P.O. No.  4 of 1975), published in the 
Gazette of Pakistan (Extraordinary), dated August 1, 1975, pp. 435-467, Article 2(3) read with Table of General Adaptations. 
2Substituted for the words “the territories of any Native Prince or State in India” by the Government of India (Adaptation of 
Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3.  
3Substituted for the word “Indian” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in 
the Punjab Gazette (Extraordinary), dated January 21, 1955, pp. 87-108, s. 2 read with First Schedule.  
4Omitted by the West Pakistan Laws (Adaptation) Order, 1964, vide Notification No.  Integ.7.13/62, published in the Gazette of 
West Pakistan (Extraordinary), dated June 3, 1964, pp. 1805-1849, Article 2(1) read with serial No. 11, Part II of the Schedule. 
5Substituted for the words “in British India or in any Province of British India” by the Government of India (Adaptation of In dian 
Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3.  
6Substituted for the word “Province” by the West Pakistan Laws (Adaptation) Order, 1964, vide Notification No.  Integ.7.13/62, 
published in the Gazette of West Pakistan (Extraordinary), dated June 3, 1964, pp. 1805 -1849, Article 2(1) read with serial No. 
11, Part II of the Schedule. 
7Substituted for the words “by the Governor -General in Council or the Local Government, as the case may be,” by the 
Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary ), dated April 1, 
1937, pp. 75-344, s. 3.  
8Ibid. 
9Substituted for the word “Indian” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in 
the Punjab Gazette (Extraordinary), dated January 21, 1955, pp. 87-108, s. 2 read with First Schedule.  
10Substituted for the words “of such a Native Prince or State” by the Government of India (Adaptation of Indian Laws) Order, 
1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3. 
11Substituted for the word “Indian” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in 
the Punjab Gazette (Extraordinary), dated January 21, 1955, pp. 87-108, s. 2 read with First Schedule.  
12Substituted for the words “officer of t he Crown” by the West Pakistan Laws (Adaptation) Order, 1964, vide Notification No.  
Integ.7.13/62, published in the Gazette of West Pakistan (Extraordinary), dated June 3, 1964, pp. 1805 -1849, Article 2(1) read 
with serial No. 11, Part II of the Schedule. 
13Substituted for the words “Governor-General in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937, 
published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3. 
14Substituted for the words “Central Gover nment” by the Federal Adaptation of Laws Order, 1975 (P.O. No.  4 of 1975), 
published in the Gazette of Pakistan (Extraordinary), dated August 1, 1975, pp. 435-467, Article 2(3) read with Table of General 
Adaptations.  
15Omitted the words “or the Crown Repre sentative” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 
1955), published in the Punjab Gazette (Extraordinary), dated January 21, 1955, pp. 87-108, s. 2 read with First Schedule.  
whose official seal or signature is affixed thereto to pass the order, he shall refer the matter to 
the 
1
[Provincial Government] by whose order on the case he and all other public officers shall 
be guided as to the future disposal of the inmate. 
(2) Pending a reference made under sub-section (1), the inmate shall be detained 
in such manner, and with such restrictions or mitigations as may be specified in the warrant or 
order. 
31. Lunatic inmates, how to be dealt with .– (1) Where it appears to the 
2
[Provincial 
Government] that any person detained under any order is of unsound mind , the 
3
[Provincial 
Government] may order his removal to a lunatic asylum or other place of safe custody within 
the 
4
[Punjab], there to be kept and treated as the 
5
[Provincial Government] directs during the 
remainder of the term for which he has been ordered to be detained , or, if on the expiration 
of that term it is certified by a medical officer that it is necessary for the safety  of the inmate 
or others that he should be further detained under medical care or treatment, then until he is 
discharged according to law. 
(2) Where it appears to the 
6
[Provincial Government] that an inmate so kept and 
treated has become of sound mind, the 
7
[Provincial Government] shall, by a warrant directed 
to the person having charge of the inmate,  if still liable to be detained  remand him to the 
Borstal Institution from which he was removed , or to another  Borstal Institution within the 
8
[Punjab], or, if he is no longer liable to be detained, order him to be discharged. 
(3) The provisions of section 31 of the 
9
[*] Lunacy Act, 1912
10
, shall apply to every 
person confined in a lunatic asylum under sub -section (1) after the expiration of the term for 
which he was ordered to be detained; and the time during which an inmate is confined in a 
lunatic asylum under that sub -section shall be reckoned as part of the term of detention 
which he may have been ordered to undergo. 
(4) In any case in which a 
11
[Provincial Government] is competent under sub -
section (1) to order the removal of an inmate to a lunatic asylum or other pla ce of safe 
custody within the 
12
[Punjab], the 
1
[Provincial Government] may order his removal to any 
                                                           
1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published 
in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations.  
2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published 
in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. 
3Ibid.  
4Substituted for the word “Province” by the West Pak istan Laws (Adaptation) Order, 1964, vide Notification No.  Integ.7.13/62, 
published in the Gazette of West Pakistan (Extraordinary), dated June 3, 1964, pp. 1805 -1849, Article 2(1) read with serial No. 
11, Part II of the Schedule. 
5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published 
in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations.  
6Ibid. 
7Ibid.  
8Substituted for the word “Province” by the West Pakistan Laws (Adaptation) Order, 1964, vide Notification No.  Integ.7.13/62, 
published in the Gazette of West Pakistan (Extraordinary), dated June 3, 1964, pp. 1805 -1849, Article 2(1) read with serial No. 
11, Part II of the Schedule. 
9Omitted the word “Indian” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in the 
Punjab Gazette (Extraordinary), dated January 21, 1955, pp. 87-108, s. 2 read with First Schedule.  
10IV of 1912. 
11Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published 
in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations.  
12Substituted for the word “Province” by the West Pakistan Laws (Adaptation) Order, 1964, vide Notification No.  Integ.7.13/62, 
published in the Gazette of West Pakistan (Extraordinary), dated June 3, 1964, pp. 1805 -1849, Article 2(1) read with serial No. 
11, Part II of the Schedule.   
such asylum or place within any other Province  or within 
2
[any 
3
[acceding] State] by 
agreement with the 
4
[Provincial Government] of such other Province or wi th 
5
[that State or 
the Rule r thereof], as the case may be, and the provisions of this section respecting the 
custody, detention, remand and discharge of an inmate removed under sub-section (1) shall, 
so far as they can be made applicable, apply to an inmate removed under this sub-section. 
32. Application to Borstal Institution of certain provisions of the Prisons Act, 1894, 
and the Prisoners Act, 1 900.– Subject to the provisions of section 33 of this Act, the 
provisions of section 12 and Chapter XI of the Prisons Act, 1894
6
, and of sections 35 to 50 
(inclusive) and the rules made by the 
7
[Provincial Government] 
8
[* * * *]  under section 51 of 
the Pri soners Act, 1900
9
, shall apply as far as may be to Borstal Institutions established 
under this Act, and all reference to prisoners, imprisonment or confinement in the said 
sections, chapters and rules shall be construed as referring to inmates, Borstal Ins titutions 
and detention. 
33. How punishment of whipping may be inflicted on an inmate.– For the purpose of 
punishing Borstal Institution offences, whipping shall be inflicted upon the palm of the hand 
only. 
34. Power to make rules under the Act .– The 
10
[Provincial Government] may make 
rules after previous publication consistent with this Act– 
(1) for the regulation, management and classification of Borstal Institutions 
established under this Act , and the description and construction of wards, cells and other  
places of detention; 
(2) for the regulation by number or otherwise of the inmates to be detained in 
each class of institution; 
(3) for defining the powers and duties of the Director of Borstal Institutions; 
(4) for the government of Borstal Institutions, and the appointment, guidance, 
control, punishment and dismissal of Superintendents and other officers employed in Borstal 
Institutions, and for the defining of their responsibilities, duties, disabilities and powers; 
(5) for the maintenance of records, an d the preparation and submission of 
reports; 
(6) for the selection and appointment of inmates as inmate officers and their 
reduction and dismissal and for defining the responsibilities, duties and powers of such 
officers; 
                                                                                                                                                                                     
1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published 
in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations.  
2Substituted for the words “the territories of any native Prince or State in India” by the Order ibid., s. 3. 
3Substituted for the word “Indian” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in 
the Punjab Gazette (Extraordinary), dated January 21, 1955, pp. 87-108, s. 2 read with First Schedule.  
4Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published 
in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations.  
5Substituted for the words “such Native prince or State” by the Order ibid., s. 3. 
6IX of 1894.  
7Substituted for the words “Local Government” by the Government of I ndia (Adaptation of Indian Laws) Order, 1937, published 
in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations.  
8Substituted for the words “or the Governor-General” by the Order ibid., s. 3. 
9III of 1900. 
10Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published 
in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations.  
(7) for the temporary detention of  inmates until arrangement s can be made for 
their admission to Borstal Institutions; 
(8) for the admission, removal and discharge of inmates , and for the disposal of 
their effects during their detention; 
(9) for feeding, clothing and bedding of inmates; 
(10) for the custody, discipline, grading, treatment, education, training and control 
of inmates; 
(11) for the employmen t, instruction and control of  inmates within or without 
Borstal Institutions, the disposal of the proceeds of their labour; 
(12) for the treatment of sick inmates; 
(13) for classifying and prescribing the forms of education, instruction, employment 
and labour and regulating the periods of rest; 
(14) (i) for defining the acts, which shall constitute Borstal Institution offences; 
(ii) for dete rmining the classification of Borstal Institution offences into 
major and minor offences; 
(iii) for fixing the punishment admissible under this Act which shall be 
awardable for commission of Borstal Institution offences or classes 
thereof; 
(iv) for declari ng the circumstances in which acts constituting both a 
Borstal Institution offence and an  offence under the 
1
[Pakistan] 
Penal Code may or may not be dealt with as a Borstal Institution 
offence; 
(v) for the award of marks and the shortening of periods of detention; 
(vi) for regulating the use of arms against any inmate or body of inmates 
and the use of fetters in the case of an outbreak or attempt to escape; 
(vii) for defining the circumstances and regulating the conditions under 
which inmates in danger of death may be released; 
(viii) for regulating the transfer from one part of 
2
[
3
[Pakistan]] to another of 
inmates whose term of detention is about to expire; 
(15) for defining articles the introduction or removal of which into or out of Borstal 
Institutions without due authority is prohibited; 
(16) for the classification and the separation of inmates; 
(17) for rewards for good conduct; 
(18) for regulating the transfer of inmates from one Borstal Institution to another or 
to an hospital , or asylum and from a B orstal Institution to a prison , or from a 
prison to a Borstal Institution; 
(19) for the treatment, transfer and disposal of criminal lunatics or recovered 
criminal lunatics confined in Borstal Institutions; 
                                                           
1Substituted for the word “Indian” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in 
the Punjab Gazette (Extraordinary), dated January 21, 1955, pp. 87-108, s. 2 read with First Schedule.  
2Substituted for the words “British Indian” by the Act ibid.  
3Substituted for the words “the Provinces and the Capital of the Federation” by the West Pakistan Laws (Adaptation) Order, 
1964, vide Notification No.  Integ.7.13/62, published in the Gazette of West Pakis tan (Extraordinary), dated June 3, 1964, pp. 
1805-1849, Article 2(1) read with serial No. 11, Part II of the Schedule. 
(20) for regulating the transmission of appeals and petitions from inmates and their 
communications with their friends; 
(21) for the appointment and guidance of visitors of Borstal Institutions; 
(22) for prescribing conditions on which licenses may be granted, suspended, 
revoked or cancelled; 
(23) for the appointment, powers, and control of parole officers; 
(24) for defining the powers and duties of after -care societies and guardians and 
the conditions on which financial assistance may be given to them; 
(25) for the appointment of visiting committees; and  
(26) generally for all purposes consistent with this Act. 
35. Powers of the 
1
[Provincial Government] to vary age limit, and to apply the Act 
to females.– The 
2
[Provincial Government] after giving by notification in the official Gazette 
not less than three months’ notice of his intention to do so may, by like notification– 
(1) direct that the provisions of section s 5, 6 and 8 shall extend to persons under 
such age not less than twenty -one nor more than twenty -three as may be 
specified in the direction , and upon such direction being notified  the said 
sections shall whilst the direction is in force have effect as if the specified age 
were substituted for “twenty-one”; 
(2) direct that the provisions of sections 5, 6 and 8 shall extend to females, and 
upon such direction being notified the said sections shall whilst the direction is 
in force have effect as if the word “male” were omitted. 
36. Whipping not to be inflicted on females.– Notwithstanding the provisions of clause 
(2) of section 35 the punishment of wh ipping shall not at any time be inflicted upon a female 
for a Borstal Institution offence. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                           
1Substituted for the words “ Governor in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937, 
published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3. 
2Ibid.