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High Court Rules & Orders(criminal)

Topic Serial # Content Case Law
 

CHAPTER 22

 
 

YOUTHFUL OFFENDERS

 
 

PART A

 
 

GENERAL

 
1 Omitted
2 Commitment to prisons of children should be avoided
3 Remand to prison pending inquiry or trial not desirable
4 Police not empowered to release children on bail, but it should produce them at once before nearest Magistrate for grant of bail
5 Sentence against juvenile offenders, alternatives. Imprisonment and detention in Reformatory School to be avoided
6 Cases should be sent to Courts exercising powers of whipping
7 Boys sentenced to but unfit for whipping to be sent to Reformatory School
8 Age of the offender to be noted in the judgment. Sentence of youthful offenders to imprisonment to be reported to District Magistrate. Monthly return of offenders under 24 years of age to be sent. Duty of District Magistrate
9 Short sentence to be avoided
 

PART B

 
 

CHILDREN'S COURTS

 
1 Omitted
2 Selection of Magistrate to try children cases: Trial to be held at a different place
3 Simple language of trial
4 Outsiders should not be allowed at the trial
 

PART C

 
 

REFORMATORY SCHOOLS

 
1 Courts empowered to direct youthful offenders to the Reformatory School- Procedure for a Magistrate not so empowered
2 Record a finding as to age. Definition of youth offender
3 Rules framed by Government. Youthful offender to be sent to Reformatory School when Magistrate awards imprisonment for life
4 Reformatory School intended for casual criminals and first offenders capable of reformation
5 Omitted
6 Period for which detention in the school is to be ordered
7 Sessions Judge should recommend to Government when he thinks that youthful offender though not admissible under the rules is proper person for admission
8 Classification of boys in the school. Court should recommend the class
9 Duty of Court to inquire about accommodation in school and to make arrangement if there is no accommodation
10 Magistrates advised to visit the school
11 Sanctioning authority for traveling allowance for the visit
12 Second and Third Class Magistrates not required to visit
13 Sessions Judges may permit Civil Judges exercising criminal powers to visit the school
 

PART D

 
 

BORSTAL JAIL

 
1 Intended for the adolescent convicts of habitual type
2 Sentence suitable for different kinds of youthful offenders
3 Distinguishing features of Borstal treatment. Release on licence
4 Primary object of keeping such offenders in Borstal Jail
5 When offenders should be sent to the Borstal Institution and when to the Reformatory School
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