{ "schema_version": "qanun-law-text/1", "id": "punjab-code-aafb7339bc3c8e93", "title": "PUNJAB BORSTAL ACT, 1926", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/BDJTZwExADg-", "version": null, "source_snapshot": "2026-08-06T16:52:05Z", "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "69bb35a66f7823c4d237b59203ccd460bff7e3801cfce04da00929fbbd4db6ae", "source_sha256": "69bb35a66f7823c4d237b59203ccd460bff7e3801cfce04da00929fbbd4db6ae", "text_version_id": "law:punjab-code-aafb7339bc3c8e93:sha256:69bb35a66f7823c4d237b59203ccd460bff7e3801cfce04da00929fbbd4db6ae", "quality_flags": [], "encoding": "UTF-8", "text": "1926: Act XI \r\nCONTENTS \r\n1. Short title, extent and commencement. \r\n2. Definitions. \r\n3. Establishment of Borstal Institutions. \r\n4. Appointment of Director of Borstal Institutions, officers and visiting \r\ncommittee. \r\n5. Powers of courts to pass a sentence of detention in a Borstal Institution \r\nin the case of a convict under twenty -one years of age in lieu of \r\ntransportation or rigorous imprisonment. \r\n6. Special powers of District Magistrate. \r\n7. Detention of prisoners confined in the Lahore Borstal Jail. \r\n8. Power of Superintendent of Jail to present prisoner less than 21 years of \r\nage before District Magistrate for detention in a Borstal Institution. \r\n9. When action may not be taken under section 8. \r\n 10. Application of the Code of Criminal Procedure, 1898 and the Limitation \r\nAct, 1908 and provisions for appeal and revision. \r\n 11. No person who has been once detained to be detained again. \r\n 12. Release on furnishing security. \r\n 13. Enquiry to be made regarding the age of the offender before the passing \r\nof an order of detention. \r\n 14. Magistrate to give grounds of his opinion before ordering detention. \r\n 15. Power to release on license. \r\n 16. Absence under license to be counted towards period of detention. \r\n 17. Form of license. \r\n 18. Suspension and revocation of licenses. \r\n 19. Penalty for escape. \r\n 20. Incorrigibles. \r\n 21. Inmates appointed officers to be public servants. \r\nTHE PUNJAB BORSTAL ACT, 1926 \r\n(XI of 1926) \r\n \r\n 22. Extra-mural custody, control and employment of inmates. \r\n 23. Penalty for introduction or removal of prohibited articles into or from \r\nBorstal Institutions and communication with inmates. \r\n 24. Power to arrest for offences under section 23. \r\n 25. Publication of penalties. \r\n 26. Officers in charge of Borstal Institutions to detain persons duly \r\ncommitted to their custody. \r\n 27. Officers in charge of Borstal Institutions to return orders, etc., after \r\nexecution or discharge. \r\n 28. Powers for officers in charge of Borstal Institutions to give effect to \r\norders of certain courts. \r\n 29. Warrant of officers of such Courts to be sufficient authority. \r\n 30. Procedure where officer in charge of Borstal Institution doubts the \r\nlegality of order sent to him for execution. \r\n 31. Lunatic inmates, how to be dealt with. \r\n 32. Application to Borstal Institution of certain provisions of the Prisons \r\nAct, 1894, and the Prisoners Act, 1900. \r\n 33. How punishment of whipping may be inflicted on an inmate. \r\n 34. Power to make rules under the Act. \r\n 35. Powers of the Provincial Government to vary age limit, and to apply the \r\nAct to females. \r\n 36. Whipping not to be inflicted on females. \r\n \r\nTEXT \r\n1\r\nTHE PUNJAB BORSTAL ACT, 1926 \r\n(XI of 1926) \r\n[27 August 1926] \r\nAn \r\nAct \r\nto make provision for the establishment and regulation of Borstal Institutions in the Punjab \r\nand for the detention and training of adolescent offenders therein. \r\nPreamble.– WHEREAS it is expedient to make provision for the establishment and regulation \r\nof Borstal Institutions in the Punjab, and for the detention and training of adolescent offenders \r\ntherein; and whereas the previous sanction of the Governor-General under sub-section (3) of \r\nsection 80-A of the Government of India Act has been obtained, i t is hereby enacted as \r\nfollows:– \r\n1. Short title, extent and commencement .– (1) This Act may be called the Punjab \r\nBorstal Act, 1926. \r\n (2) It extends to the Punjab. \r\n(3) It shall come into force on such date\r\n2\r\n as the \r\n3\r\n[Provincial Government] may by \r\nnotification appoint in this behalf. \r\n2. Definitions.– In this Act unless there is anything repugnant in the subject or \r\ncontext,– \r\n(1) “Borstal Institution” means a place in which offenders may be detained under \r\nthis Act and given such industrial training and other instruction and subjected to such \r\ndisciplinary and moral influences as will conduce to their reformation; \r\n(2) “detained” means deta ined in, and “detention” means detention in a Borstal \r\nInstitution; \r\n(3) “inmate” means any person ordered to be detained; \r\n(4) “offence” means– \r\n(i) an offence punishable with transportation or rigorous imprisonment under the \r\n4\r\n[Pakistan] Penal Code other than– \r\n(a) an offence punishable with death; \r\n(b) an offence punishable under Chapter V-A or Chapter VI of the said code; \r\n(ii) an offence punishable with imprisonment under the Public Gambling Act, \r\n1867\r\n1\r\n; \r\n \r\n1For Statement of Objects and Reasons, see Punjab Gazette, Part I, dated June 18, 1926, pp. 579-80; for Proceedings in \r\nCouncil, see Punjab Legislative Council Debates, Volume IX -B, p p. 111-12. This Act received the assent of the Governor -\r\nGeneral on July 22, 1926; that of the Governor -General on August 16, 1926; and was published in the Punjab Gazette , Part I, \r\ndated August 27, 1926, pp. 809-815. \r\n2It came into force on August 1, 1932. \r\n3Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n4Substituted for the word “Indian” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in \r\nthe Punjab Gazette (Extraordinary), dated January 21, 1955, pp. 87-108, s. 2 read with First Schedule. \r\n(iii) an offence punishable with imprisonment under the Opium Act, 1878\r\n2\r\n; \r\n(iv) an offence punishable with imprisonment under the Punjab Excise Act, 1914\r\n3\r\n; \r\n(5) “officer” means an officer of a Borstal Institution appointed in such manner as \r\nmay be prescribed; \r\n(6) “prescribed” means prescribed by rules made by the \r\n4\r\n[Provincial Government] \r\nunder the provisions of this Act; \r\n(7) “security for good behaviour” means security for good behaviour otherwise \r\nthan for political activities under section 109 or section 110 of the Code of Criminal \r\nProcedure, 1898\r\n5\r\n; \r\n(8) “Superintendent” means a Superintendent of a Borstal Institution appointed in \r\nsuch manner as may be prescribed. \r\n3. Establishment of Borstal Institutions.– For the purposes of this Act the \r\n6\r\n[Provincial \r\nGovernment] may establish one or more Borstal Institutions. \r\n4. Appointment of Director of Borstal Institutions, offic ers and visiting \r\ncommittee.– (1) The \r\n7\r\n[Provincial Government] shall appoint any person , not being a police \r\nofficer, to be Director of Borstal Institutions, and he shall exercise, subject to the orders of \r\nthe \r\n8\r\n[Provincial Government], general control and superintendence of all Borstal Institutions. \r\n(2) For every Borstal Institution the \r\n9\r\n[Provincial Government] shall appoint a \r\nSuperintendent, and such other officers as may be necessary. \r\n(3) For every Borstal Institution a visiting committee shall be appointed in such \r\nmanner as may be prescribed. \r\n5. Powers of courts to pass a sentence of detention in a Borstal Institution in the \r\ncase of a convict under twenty-one years of age in lieu of transport ation or rigorous \r\nimprisonment.– (1) When any male person less than twenty -one years of age is convicted \r\nof an offence by a court of sessions, a Magistrate specially empowered under section 30 of \r\nthe Code of Criminal Procedure, 1898\r\n10\r\n, or a Magistrate of th e first class, or is ordered to \r\ngive security for good behaviour and fails to give such security, and when by reason of his \r\ncriminal habits or tendencies or associations with persons of bad character it is expedient , in \r\nthe opinion of the Judge or Magistrate, that he should be detained, such Judge or Magistrate \r\nmay, in lieu of passing a sentence of transportation or rigorous imprisonment, pass an order \r\nof detention for a term which shall not be less than two years and shall not ex ceed seven \r\nyears when the order is passed by a court of sessions or a Magistrate specially empowered \r\nunder section 30 of the Code of Criminal Procedure, 1898\r\n11\r\n, and shall not be less than two \r\n \r\n1III of 1867. \r\n2I of 1878. \r\n3I of 1914. \r\n4Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the \r\nGazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n5V of 1898. \r\n6Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the \r\nGazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n7Ibid. \r\n8Ibid. \r\n9Ibid. \r\n10V of 1898. \r\n11V of 1898. \r\nyears nor exceed three years, when the order is passed by a Magistrate of the first class no t \r\nso empowered. \r\n(2) When any Magistrate, not empowered to pass such order is of opinion that an \r\noffender convicted by him is a person in respect of whom such order should be passed in \r\naccordance with the provisions of sub -section (1) he may, without passin g any sentence, \r\nrecord such opinion and submit his proceedings and forward the accused to the District \r\nMagistrate to whom he is subordinate. \r\n(3) The District Magistrate to whom the proceedings are so submitted may make \r\nsuch further enquiry (if any) as he m ay deem fit and pass such order for the detention of the \r\noffender or such other sentence or order, as he might have passed if the trial had been held \r\nby him from its commencement. \r\n6. Special powers of District Magistrate .– When any male person less than t wenty-\r\none years of age has been sentenced for an offence by a Magistrate to rigorous \r\nimprisonment, or when ordered by a Magistrate to give security, for good behaviour has \r\nfailed to give such security, and has been committed to or confined in prison and no appeal \r\nhas been preferred against such sentence or order within the time prescribed by law and \r\nwhen by reason of such person’s criminal habits or tendencies or association with persons of \r\nbad character it is expedient, in the opinion of the District Magis trate, that he should be \r\ndetained, the District Magistrate may order that such persons shall in lieu of undergoing \r\nimprisonment be detained for a period not less than two years nor more than three years. \r\n7. Detention of prisoners confined in the Lahore Bor stal Jail.– If it appears to the \r\n1\r\n[Provincial Government] that any male person, le ss than twenty -one years of age who \r\nhaving been sentenced to rigorous imprisonment for an offence or having been committed to \r\nor confined in prison for failing to give securi ty for good behaviour is at the time of the \r\ncommencement of this Act confined in the Lahore Borstal Jail, should for the reasons \r\ndescribed in sub -section (1) of section 5 be detained, the \r\n2\r\n[Provincial Government] may \r\ndirect that he be detained for a period not exceeding the residue of his sentence or of the \r\nperiod for which security was required, as the case may be, provided that such order shall \r\nbe subject as regards the period of detention to any order passed on appeal against or \r\nrevision of the sentence or order of commitment or confinement in prison. \r\n8. Power of Superintendent of Jail to present prisoner less than 21 years of age \r\nbefore District Magistrate for detention in a Borstal Institution.– Whenever it appears to \r\nthe Superintendent of a Jail that a ny male person less than twenty -one years of age \r\nsentenced to transportation or rigorous imprisonment for an offence or committed to or \r\nconfined in prison for failing to give security for good behaviour should for the reasons \r\ndescribed in sub -section (1) o f section 5 be detained, he shall cause such prisoner to be \r\nproduced before the District Magistrate in whose jurisdiction the Jail is situated, and if the \r\nDistrict Magistrate after making such enquiry as he may deem proper or as may be \r\nprescribed is satisf ied that the prisoner should for the reasons described in the said sub -\r\nsection be detained, he may order the prisoner to be removed from jail and detained for a \r\nperiod equal to the unexpired term of the transportation or imprisonment to which he was \r\nsentenced, or of the period for which security was required from him, as the case may be. \r\n9. When action may not be taken under section 8 .– No order shall be made under \r\nthe provisions of section 8– \r\n \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n2Ibid. \r\n(i) until the time allowed by law for the prisoner to appeal has expired or if an \r\nappeal has been preferred until such appeal has been finally decided; or \r\n(ii) if an application made on appeal or otherwise to have the sentence altered into \r\nan order of detention, has been rejected by an Appellate Court or the High \r\nCourt; or \r\n(iii) in the case of any person who has been sent to a Reformatory School in \r\naccordance with the provisions of the Reformatory Schools Act, 1897\r\n1\r\n. \r\n10. Application of the Code of Criminal Procedure, 1898 and the \r\n2\r\n[*] Limitation Act, \r\n1908 and provisions for appeal and revision.– (1) Subject to the provisions of sub-section \r\n(2) of this section the provisions of the Code of Criminal Procedure, 1898\r\n3\r\n, relating to appeal, \r\nreference and revision and Articles 154 and 155 of the \r\n4\r\n[*] Limitation Act, 1908\r\n5\r\n, shall apply \r\nin the case of an order of detention passed under section 5 as if the order ha d been a \r\nsentence of imprisonment for the same period as the period for which detention was \r\nordered. \r\n(2) Notwithstanding anything contained in section 423 of the Code of Criminal \r\nProcedure, 1898\r\n6\r\n, when a person who at the time of his conviction was less than twenty -one \r\nyears of age has been convicted of an offence , or when such person on being ordered to \r\nfurnish security for good behaviour has failed to furnish such securi ty, an appellate court or \r\nthe High Court in the exercise of its powers of revision, may in pursuance of sub -section (1) \r\nand the provisions of the Code of Criminal Procedure, 1898\r\n7\r\n, and after making such inquiry \r\nas it may deem fit, alter a sentence of impri sonment or an order of commitment to prison \r\nunder section 123 of the Code of Criminal Procedure to an order of detention, if for reasons \r\ndescribed in sub -section (1) of section 5, it considers such alteration expedient, and may \r\nalter an order of detention to a sentence of imprisonment or an order of commitment to \r\nprison under section 123 of the Code of Criminal Procedure, as the case may be, provided \r\nthat the sentence of imprisonment, order of commitment, or order of detention, shall not be \r\nin excess of the powers of the trial Magistrate or court. \r\n(3) Any person who has been ordered to be detained in a Borstal Institution \r\nunder the provisions of section 6 for a period to expire after the term of imprisonment to \r\nwhich he was sentenced would expire had the order not been passed , may, subject to the \r\nprovisions of sub -section (5), appeal to the Sessions Judge, and the Sessions Judge may \r\neither confirm the order or set it aside and restore the sentence of imprisonment or if the \r\norder is for more than two years red uce it to a term not shorter than two years nor shorter \r\nthan the residue of imprisonment to which the offender was sentenced. \r\n(4) Any person ordered by a Sessions Judge under the provisions of sub -section \r\n(3) to be detained for a period to expire after the term of imprisonment to which he was \r\nsentenced would expire had such order not been passed, may, subject to the provisions of \r\nsub-section (5) appeal within thirty days of the order to the High Court and the High Court may \r\npass any such order as the Sessions Judge might have passed. \r\n \r\n1VIII of 1897. \r\n2Omitted the word “Indian” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in the \r\nPunjab Gazette (Extraordinary), dated January 21, 1955, pp. 87-108, s. 2 read with First Schedule. \r\n3V of 1898. \r\n4Substituted for the word “Indian” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in \r\nthe Punjab Gazette (Extraordinary), dated January 21, 1955, pp. 87-108, s. 2 read with First Schedule. \r\n5IX of 1908. \r\n6V of 1898. \r\n7V of 1898. \r\n(5) An appeal shall not lie under sub -section (3) or sub -section (4) against a \r\nconviction or on any finding of fact but only on the ground that the order appealed against is \r\nillegal, or unduly severe. \r\n11. No person who has been once detained to be detained again .– No person who \r\nhas been previously detained for the whole period prescribed in an order of detention or who \r\nhas been transferred to jail under section 20 of this Act, shall again be ordered to be detained. \r\n12. Release on furnishing security.– Any person detained for failure to furnish security \r\nshall be released on furnishing such security. \r\n13. Enquiry to be made regarding the age of the offender before the passing of an \r\norder of detention.– (1) Before passing an order of detention under this Act the Magistrate, \r\nDistrict Magistrate or Court, as the case may be, shall enquire or cause enquiry to be made \r\ninto the question of the age of the offender and after taking such evidence (if any) as may be \r\ndeemed necessary or proper shall record a finding thereon. \r\n(2) A similar enquiry shall be made and finding recorded by every Magistrate not \r\nempowered to pass an order of detention under this Act before submitting his proceedings \r\nand forwarding the accused to the District Magistrate a s required by sub -section (2) of \r\nsection 5 of this Act. \r\n14. Magistrate to give grounds of his opinion before ordering detention.– When any \r\nMagistrate, District Magistrate or Court or ders an offender to be detained he or it, as the \r\ncase may be, shall record the grounds of his or its opinion that it is expedient that the \r\noffender be detained. \r\n15. Power to release on license .– Subject to any general or special directions of the \r\n1\r\n[Provincial Government], the visiting committee with the sanction of the Director of Borstal \r\nInstitutions, may at any time after the expiration of one -third of the period of detention, or of \r\ntwo years, whichever is shorter, if satisfied that the inmate is likely to abstain from crime, and \r\nlead a useful and industrious life, by license p ermit him to be discharged from the Borstal \r\nInstitution on condition that he be placed under the supervision or authority of any \r\n2\r\n[\r\n3\r\n[servant of \r\nthe State]] or (secular) institution or person or religious society (professing the same religion as \r\nthe inmate) named in the licence who may be willing to take charge of him. A license granted \r\nunder this section shall be in force until the term for which the inmate was ordered to be \r\ndetained has expired unless sooner suspended, revoked or forfeited. \r\n16. Absence under license to be counted towards period of detention .– The time \r\nduring which an inmate is absent under license from a Borstal Institution shall be reckoned \r\nas part of the period of detention. \r\n17. Form of license.– Every license granted under the provisions of section 15 shall be \r\nin such form and shall contain such conditions as the \r\n4\r\n[Provincial Government] may, by \r\ngeneral or special order, direct. \r\n \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n2Substituted for the words “Government officer” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s.3. \r\n3Substituted for the words “servant of the Crown” by the West Pakistan Laws (Adaptation ) Order, 1964, vide Notification No. \r\nInteg.7.13/62, published in the Gazette of West Pakistan (Extraordinary), dated June 3, 1964, pp. 1805-1849, Article.2(1) read \r\nwith serial No.11, Part II of the Schedule. \r\n4Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n18. Suspension and revocation of licenses .– Subject to any general or special \r\ndirections of the \r\n1\r\n[Provincial Government], a license granted under section 15 may be \r\nsuspended for a period not exceeding three months by the Superintendent of a Borstal \r\nInstitution or revoked at any time by the visiting committee on the recommendation of the \r\nDirector of Borstal Institut ions. Where the license of any inmate has been suspended or \r\nrevoked he shall return to the Borstal Institution, and if he fails to do so he may be arrested \r\nwithout warrant and taken to the institution. \r\n19. Penalty for escape .– If any inmate escapes from a Borstal Institution before the \r\nexpiry of the period for which he was ordered to be detained or if any inmate absent on \r\nlicense from a Borstal Institution escapes from the supervision or authority of any \r\nGovernment officer or (secular) institution or person or religious society in whose charge he \r\nwas placed or fails on the suspension or revocation of his license to return to the Borstal \r\nInstitution, he may on conviction by a Magistrate be punished with imprisonment of either \r\ndescription for a term which may extend to two years or with fine or with both, and his \r\nlicense shall be forfeited with effect from the date of his escape or failure to return, as the \r\ncase may be. \r\n An offence under this section shall be deemed to be a cognizable offence within the \r\ndefinition of that term in the Code of Criminal Procedure, 1898\r\n2\r\n. \r\n20. Incorrigibles.– Where an inmate is reported to the \r\n3\r\n[Provincial Government] by the \r\nVisiting Committee to be incorrigible or to be exercising a bad influence on the other inmates \r\nof the institut ion or is convicted under section 19 of this Act, or is reported by the \r\nSuperintendent to have committed an offence which has been declared to be a major Borstal \r\nInstitution offence by rules made by the \r\n4\r\n[Provincial Government] in pursuance of the \r\nprovisions of sub -section (14) of section 34 of this Act, the \r\n5\r\n[Provincial Government] may \r\ncommute the residue of the term of detention to such term of imprisonment of either \r\ndescription not exceeding such residue as the \r\n6\r\n[Provincial Government] may direct, and may \r\norder the transfer of the inmate to any jail in the Punjab in order to complete the said term of \r\nimprisonment. \r\n21. Inmates appointed officers to be public servants .– Inmates who have been \r\nappointed as officers shall be deemed to be public servants within the definition of that term \r\nin the \r\n7\r\n[Pakistan] Penal Code. \r\n22. Extra-mural custody, control and employment o f inmates.– An inmate when \r\nbeing taken to or from any Borstal Institution in which he may be lawfully detained or \r\nwhenever he is working outside or is otherwise beyond the limits of any such Borstal \r\nInstitution in or under the lawful custody or control of an officer belonging to such Borstal \r\nInstitution shall be deemed to be under detention and shall be subject to all the same incidents \r\nas if he were actually in a Borstal Institution. \r\n \r\n1Ibid. \r\n2V of 1898. \r\n3Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n4Ibid. \r\n5Ibid. \r\n6Ibid. \r\n7Substituted for the word “Indian” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in \r\nthe Punjab Gazette (Extraordinary), dated January 21, 1955, pp. 87-108, s. 2 read with First Schedule. \r\n23. Penalty for introduction or removal of prohibited articles into or from Borstal \r\nInstitutions and communication with inmates .– Whoever, contrary to any rule under \r\nsection 34, introduces or removes, or attempts by any means whatever to introduce or \r\nremove, into or from any Borstal Institution, or supplies or attempts to supply to any inmate \r\noutside the limits of such Institution any prohibited article, \r\n and every officer of a Borstal Institution who, contrary to any su ch rule, knowingly \r\nsuffers any suc h article to be introduced into or removed from any Borstal Institution to be \r\npossessed by any inmate, or to be supplied to any inmate outside the limits of Borstal \r\nInstitution, \r\n and whoever contrary to any such rule, com municates or attempts to communicate \r\nwith any inmate, \r\n and whoever abets any offence made punishable by this section, \r\n shall, on conviction before a Magistrate, be liable to imprisonment for a term not \r\nexceeding six months or to fine not exceeding two hundred rupees or to both. \r\n24. Power to arrest for offences under section 23.– When any person, in the presence \r\nof any officer of a Borstal Institution commits any offence specified in the last foregoing \r\nsection, and refuses on demand of such officer to stat e his name and residence, or gives a \r\nname or residence which such officer knows, or has reason to believe, to be false, such officer \r\nmay arrest him, and shall without unnecessary delay make him over to a Police-officer, and \r\nthereupon such Police-officer sh all proceed as if the offence had been committed in his \r\npresence. \r\n25. Publication of penalties .– The Superintendent shall cause to be affixed, in a \r\nconspicuous place outside the Borstal Institution, a notice in English and \r\n1\r\n[Urdu] setting forth \r\nthe acts prohibited under section 23 and the penalties incurred by their commission. \r\n26. Officers in charge of Borstal Institutions to detain persons duly committed to \r\ntheir custody.– The officer in charge of a Borstal Institution shall receive and detain all \r\npersons duly committed to his custody under this Act according to the directions contained in \r\nthe order by which such person has been committed or until such person is discharged or \r\nremoved in due course of law. \r\n27. Officers in charge of Borstal Institutions to return orders, etc., after execution or \r\ndischarge.– The officer in charge of a Borstal Institution shall forthwith, after the execution of \r\nevery such order as aforesaid or after the discharge of the person committed thereby, return \r\nsuch order to the Magistr ate, District Magistrate or Court by which the same was issued or \r\nmade, together with a certificate, endorsed thereon and signed by him, showing how the same \r\nhas been executed, or why the person committed thereby has been discharged from detention \r\nbefore the execution thereof. \r\n28. Powers for officers in charge of Borstal Institutions to give effect to orders of \r\ncertain courts.– (1) Officers in charge of Borstal Institutions may give effect to any order for \r\nthe detention of any person passed or issued– \r\n2\r\n[(a) any Court or Tribunal acting within or without Pakistan under the general or special \r\nauthority of the \r\n1\r\n[Federal] or any Provincial Government; or] \r\n \r\n1Substituted for the words “the Vernacular” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), \r\npublished in the Punjab Gazette (Extraordinary), dated January 21, 1955, pp. 87-108, s. 2 read with First Schedule. \r\n2Substituted by the West Pakistan Laws (Adaptation) Order, 1964, vide Notification No. Integ.7.13/62, published in the Gazette \r\nof West Pakistan (Extraordinary), dated June 3, 1964, pp. 180 5-1849, Article 2(1) read with serial No.11, Part II of the \r\nSchedule. \r\n(b) by any Court or tribunal in \r\n2\r\n[any \r\n3\r\n[acceding] State] – \r\n(i) \r\n4\r\n[ * * * * * * * * ] \r\n(ii) if the reception, or detention \r\n5\r\n[in the \r\n6\r\n[Punjab]] of persons ordered to be detained \r\nby any such court or tribunal has been authorized by general or special order \r\n7\r\n[by \r\nthe Provincial Government]; or \r\n8\r\n[(c) by any other Court or Tribunal in any \r\n9\r\n[acceding] State with the previous \r\nsanction of the Provincial Government in the case of each such order.] \r\n(2) Where a Court or tribunal \r\n10\r\n[in an \r\n11\r\n[acceding] State] has passed an order which \r\ncannot be executed without the concurrence of a \r\n12\r\n[servant of the State], and such order has \r\nbeen considered on the merits and confirmed by any such officer specially authorised in that \r\nbehalf, such order and any order issued in pursuance thereof, shall be deemed to be the order \r\nof a Court or tribunal acting under the authority of the \r\n13\r\n[\r\n14\r\n[Federal Government] \r\n15\r\n[* * * *]]. \r\n29. Warrant of officers of such Courts to be sufficient authority.– An order under the \r\nofficial signature of an officer of such Court or tribunal as is referred to in section 28 shall be \r\nsufficient authority for detaining any person, in pursuance of the order passed upon him. \r\n30. Procedure where officer in charge of Borstal Institution doubts the legality of \r\norder sent to him for execution .– (1) Where an officer in charge of a Borstal Institution \r\ndoubts the legality of an order sent to him for execution, or the competency of the person \r\n \r\n1Substituted for the word “Central” by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), published in the \r\nGazette of Pakistan (Extraordinary), dated August 1, 1975, pp. 435-467, Article 2(3) read with Table of General Adaptations. \r\n2Substituted for the words “the territories of any Native Prince or State in India” by the Government of India (Adaptation of \r\nIndian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3. \r\n3Substituted for the word “Indian” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in \r\nthe Punjab Gazette (Extraordinary), dated January 21, 1955, pp. 87-108, s. 2 read with First Schedule. \r\n4Omitted by the West Pakistan Laws (Adaptation) Order, 1964, vide Notification No. Integ.7.13/62, published in the Gazette of \r\nWest Pakistan (Extraordinary), dated June 3, 1964, pp. 1805-1849, Article 2(1) read with serial No. 11, Part II of the Schedule. \r\n5Substituted for the words “in British India or in any Province of British India” by the Government of India (Adaptation of In dian \r\nLaws) Order, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3. \r\n6Substituted for the word “Province” by the West Pakistan Laws (Adaptation) Order, 1964, vide Notification No. Integ.7.13/62, \r\npublished in the Gazette of West Pakistan (Extraordinary), dated June 3, 1964, pp. 1805 -1849, Article 2(1) read with serial No. \r\n11, Part II of the Schedule. \r\n7Substituted for the words “by the Governor -General in Council or the Local Government, as the case may be,” by the \r\nGovernment of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary ), dated April 1, \r\n1937, pp. 75-344, s. 3. \r\n8Ibid. \r\n9Substituted for the word “Indian” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in \r\nthe Punjab Gazette (Extraordinary), dated January 21, 1955, pp. 87-108, s. 2 read with First Schedule. \r\n10Substituted for the words “of such a Native Prince or State” by the Government of India (Adaptation of Indian Laws) Order, \r\n1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3. \r\n11Substituted for the word “Indian” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in \r\nthe Punjab Gazette (Extraordinary), dated January 21, 1955, pp. 87-108, s. 2 read with First Schedule. \r\n12Substituted for the words “officer of t he Crown” by the West Pakistan Laws (Adaptation) Order, 1964, vide Notification No. \r\nInteg.7.13/62, published in the Gazette of West Pakistan (Extraordinary), dated June 3, 1964, pp. 1805 -1849, Article 2(1) read \r\nwith serial No. 11, Part II of the Schedule. \r\n13Substituted for the words “Governor-General in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937, \r\npublished in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3. \r\n14Substituted for the words “Central Gover nment” by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), \r\npublished in the Gazette of Pakistan (Extraordinary), dated August 1, 1975, pp. 435-467, Article 2(3) read with Table of General \r\nAdaptations. \r\n15Omitted the words “or the Crown Repre sentative” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of \r\n1955), published in the Punjab Gazette (Extraordinary), dated January 21, 1955, pp. 87-108, s. 2 read with First Schedule. \r\nwhose official seal or signature is affixed thereto to pass the order, he shall refer the matter to \r\nthe \r\n1\r\n[Provincial Government] by whose order on the case he and all other public officers shall \r\nbe guided as to the future disposal of the inmate. \r\n(2) Pending a reference made under sub-section (1), the inmate shall be detained \r\nin such manner, and with such restrictions or mitigations as may be specified in the warrant or \r\norder. \r\n31. Lunatic inmates, how to be dealt with .– (1) Where it appears to the \r\n2\r\n[Provincial \r\nGovernment] that any person detained under any order is of unsound mind , the \r\n3\r\n[Provincial \r\nGovernment] may order his removal to a lunatic asylum or other place of safe custody within \r\nthe \r\n4\r\n[Punjab], there to be kept and treated as the \r\n5\r\n[Provincial Government] directs during the \r\nremainder of the term for which he has been ordered to be detained , or, if on the expiration \r\nof that term it is certified by a medical officer that it is necessary for the safety of the inmate \r\nor others that he should be further detained under medical care or treatment, then until he is \r\ndischarged according to law. \r\n(2) Where it appears to the \r\n6\r\n[Provincial Government] that an inmate so kept and \r\ntreated has become of sound mind, the \r\n7\r\n[Provincial Government] shall, by a warrant directed \r\nto the person having charge of the inmate, if still liable to be detained remand him to the \r\nBorstal Institution from which he was removed , or to another Borstal Institution within the \r\n8\r\n[Punjab], or, if he is no longer liable to be detained, order him to be discharged. \r\n(3) The provisions of section 31 of the \r\n9\r\n[*] Lunacy Act, 1912\r\n10\r\n, shall apply to every \r\nperson confined in a lunatic asylum under sub -section (1) after the expiration of the term for \r\nwhich he was ordered to be detained; and the time during which an inmate is confined in a \r\nlunatic asylum under that sub -section shall be reckoned as part of the term of detention \r\nwhich he may have been ordered to undergo. \r\n(4) In any case in which a \r\n11\r\n[Provincial Government] is competent under sub -\r\nsection (1) to order the removal of an inmate to a lunatic asylum or other pla ce of safe \r\ncustody within the \r\n12\r\n[Punjab], the \r\n1\r\n[Provincial Government] may order his removal to any \r\n \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n3Ibid. \r\n4Substituted for the word “Province” by the West Pak istan Laws (Adaptation) Order, 1964, vide Notification No. Integ.7.13/62, \r\npublished in the Gazette of West Pakistan (Extraordinary), dated June 3, 1964, pp. 1805 -1849, Article 2(1) read with serial No. \r\n11, Part II of the Schedule. \r\n5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n6Ibid. \r\n7Ibid. \r\n8Substituted for the word “Province” by the West Pakistan Laws (Adaptation) Order, 1964, vide Notification No. Integ.7.13/62, \r\npublished in the Gazette of West Pakistan (Extraordinary), dated June 3, 1964, pp. 1805 -1849, Article 2(1) read with serial No. \r\n11, Part II of the Schedule. \r\n9Omitted the word “Indian” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in the \r\nPunjab Gazette (Extraordinary), dated January 21, 1955, pp. 87-108, s. 2 read with First Schedule. \r\n10IV of 1912. \r\n11Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n12Substituted for the word “Province” by the West Pakistan Laws (Adaptation) Order, 1964, vide Notification No. Integ.7.13/62, \r\npublished in the Gazette of West Pakistan (Extraordinary), dated June 3, 1964, pp. 1805 -1849, Article 2(1) read with serial No. \r\n11, Part II of the Schedule. \r\nsuch asylum or place within any other Province or within \r\n2\r\n[any \r\n3\r\n[acceding] State] by \r\nagreement with the \r\n4\r\n[Provincial Government] of such other Province or wi th \r\n5\r\n[that State or \r\nthe Rule r thereof], as the case may be, and the provisions of this section respecting the \r\ncustody, detention, remand and discharge of an inmate removed under sub-section (1) shall, \r\nso far as they can be made applicable, apply to an inmate removed under this sub-section. \r\n32. Application to Borstal Institution of certain provisions of the Prisons Act, 1894, \r\nand the Prisoners Act, 1 900.– Subject to the provisions of section 33 of this Act, the \r\nprovisions of section 12 and Chapter XI of the Prisons Act, 1894\r\n6\r\n, and of sections 35 to 50 \r\n(inclusive) and the rules made by the \r\n7\r\n[Provincial Government] \r\n8\r\n[* * * *] under section 51 of \r\nthe Pri soners Act, 1900\r\n9\r\n, shall apply as far as may be to Borstal Institutions established \r\nunder this Act, and all reference to prisoners, imprisonment or confinement in the said \r\nsections, chapters and rules shall be construed as referring to inmates, Borstal Ins titutions \r\nand detention. \r\n33. How punishment of whipping may be inflicted on an inmate.– For the purpose of \r\npunishing Borstal Institution offences, whipping shall be inflicted upon the palm of the hand \r\nonly. \r\n34. Power to make rules under the Act .– The \r\n10\r\n[Provincial Government] may make \r\nrules after previous publication consistent with this Act– \r\n(1) for the regulation, management and classification of Borstal Institutions \r\nestablished under this Act , and the description and construction of wards, cells and other \r\nplaces of detention; \r\n(2) for the regulation by number or otherwise of the inmates to be detained in \r\neach class of institution; \r\n(3) for defining the powers and duties of the Director of Borstal Institutions; \r\n(4) for the government of Borstal Institutions, and the appointment, guidance, \r\ncontrol, punishment and dismissal of Superintendents and other officers employed in Borstal \r\nInstitutions, and for the defining of their responsibilities, duties, disabilities and powers; \r\n(5) for the maintenance of records, an d the preparation and submission of \r\nreports; \r\n(6) for the selection and appointment of inmates as inmate officers and their \r\nreduction and dismissal and for defining the responsibilities, duties and powers of such \r\nofficers; \r\n \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n2Substituted for the words “the territories of any native Prince or State in India” by the Order ibid., s. 3. \r\n3Substituted for the word “Indian” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in \r\nthe Punjab Gazette (Extraordinary), dated January 21, 1955, pp. 87-108, s. 2 read with First Schedule. \r\n4Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n5Substituted for the words “such Native prince or State” by the Order ibid., s. 3. \r\n6IX of 1894. \r\n7Substituted for the words “Local Government” by the Government of I ndia (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n8Substituted for the words “or the Governor-General” by the Order ibid., s. 3. \r\n9III of 1900. \r\n10Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n(7) for the temporary detention of inmates until arrangement s can be made for \r\ntheir admission to Borstal Institutions; \r\n(8) for the admission, removal and discharge of inmates , and for the disposal of \r\ntheir effects during their detention; \r\n(9) for feeding, clothing and bedding of inmates; \r\n(10) for the custody, discipline, grading, treatment, education, training and control \r\nof inmates; \r\n(11) for the employmen t, instruction and control of inmates within or without \r\nBorstal Institutions, the disposal of the proceeds of their labour; \r\n(12) for the treatment of sick inmates; \r\n(13) for classifying and prescribing the forms of education, instruction, employment \r\nand labour and regulating the periods of rest; \r\n(14) (i) for defining the acts, which shall constitute Borstal Institution offences; \r\n(ii) for dete rmining the classification of Borstal Institution offences into \r\nmajor and minor offences; \r\n(iii) for fixing the punishment admissible under this Act which shall be \r\nawardable for commission of Borstal Institution offences or classes \r\nthereof; \r\n(iv) for declari ng the circumstances in which acts constituting both a \r\nBorstal Institution offence and an offence under the \r\n1\r\n[Pakistan] \r\nPenal Code may or may not be dealt with as a Borstal Institution \r\noffence; \r\n(v) for the award of marks and the shortening of periods of detention; \r\n(vi) for regulating the use of arms against any inmate or body of inmates \r\nand the use of fetters in the case of an outbreak or attempt to escape; \r\n(vii) for defining the circumstances and regulating the conditions under \r\nwhich inmates in danger of death may be released; \r\n(viii) for regulating the transfer from one part of \r\n2\r\n[\r\n3\r\n[Pakistan]] to another of \r\ninmates whose term of detention is about to expire; \r\n(15) for defining articles the introduction or removal of which into or out of Borstal \r\nInstitutions without due authority is prohibited; \r\n(16) for the classification and the separation of inmates; \r\n(17) for rewards for good conduct; \r\n(18) for regulating the transfer of inmates from one Borstal Institution to another or \r\nto an hospital , or asylum and from a B orstal Institution to a prison , or from a \r\nprison to a Borstal Institution; \r\n(19) for the treatment, transfer and disposal of criminal lunatics or recovered \r\ncriminal lunatics confined in Borstal Institutions; \r\n \r\n1Substituted for the word “Indian” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in \r\nthe Punjab Gazette (Extraordinary), dated January 21, 1955, pp. 87-108, s. 2 read with First Schedule. \r\n2Substituted for the words “British Indian” by the Act ibid. \r\n3Substituted for the words “the Provinces and the Capital of the Federation” by the West Pakistan Laws (Adaptation) Order, \r\n1964, vide Notification No. Integ.7.13/62, published in the Gazette of West Pakis tan (Extraordinary), dated June 3, 1964, pp. \r\n1805-1849, Article 2(1) read with serial No. 11, Part II of the Schedule. \r\n(20) for regulating the transmission of appeals and petitions from inmates and their \r\ncommunications with their friends; \r\n(21) for the appointment and guidance of visitors of Borstal Institutions; \r\n(22) for prescribing conditions on which licenses may be granted, suspended, \r\nrevoked or cancelled; \r\n(23) for the appointment, powers, and control of parole officers; \r\n(24) for defining the powers and duties of after -care societies and guardians and \r\nthe conditions on which financial assistance may be given to them; \r\n(25) for the appointment of visiting committees; and \r\n(26) generally for all purposes consistent with this Act. \r\n35. Powers of the \r\n1\r\n[Provincial Government] to vary age limit, and to apply the Act \r\nto females.– The \r\n2\r\n[Provincial Government] after giving by notification in the official Gazette \r\nnot less than three months’ notice of his intention to do so may, by like notification– \r\n(1) direct that the provisions of section s 5, 6 and 8 shall extend to persons under \r\nsuch age not less than twenty -one nor more than twenty -three as may be \r\nspecified in the direction , and upon such direction being notified the said \r\nsections shall whilst the direction is in force have effect as if the specified age \r\nwere substituted for “twenty-one”; \r\n(2) direct that the provisions of sections 5, 6 and 8 shall extend to females, and \r\nupon such direction being notified the said sections shall whilst the direction is \r\nin force have effect as if the word “male” were omitted. \r\n36. Whipping not to be inflicted on females.– Notwithstanding the provisions of clause \r\n(2) of section 35 the punishment of wh ipping shall not at any time be inflicted upon a female \r\nfor a Borstal Institution offence. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Substituted for the words “ Governor in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937, \r\npublished in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3. \r\n2Ibid.", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": "law:punjab-code-aafb7339bc3c8e93:sha256:69bb35a66f7823c4d237b59203ccd460bff7e3801cfce04da00929fbbd4db6ae:chars-0-1759:8d48acdee2eb3360e6a28420cdaab838884e7e45ab79d4fa47ebc83451c3e64c", "character_start": 0, "character_end": 1759, "utf8_byte_start": 0, "utf8_byte_end": 1759, "passage_sha256": 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