SUPREME COURT: T.N. BORSTAL SCHOOLS ACT, 1925 The Borstal - TopicsExpress



          

SUPREME COURT: T.N. BORSTAL SCHOOLS ACT, 1925 The Borstal School is a halfway house intended to prepare a person for imprisonment in a regular/ordinary jail. Section 8 of the Borstal Schools Act stipulates that a convict cannot remain in a Borstal School beyond a period of five years or his attaining the age of 23 years. We should immediately note the distinction, as the relevant statutes ordain, between an adolescent and a juvenile. Juvenile and its statutory synonym child (and now even minor) has been defined in the Juvenile Justice (Care and Protection of Children) Act. 2000 [for short, Juvenile Justice Act] simply as a person who has not completed eighteen years of age. The repealed Juvenile Justice Act treated any person below the age of sixteen years as a juvenile and it is this age which is contemplated in the Borstal Schools Act. By virtue, therefore, of Section 8 of the Juvenile Justice Act. Special Homes have to be established for the reception and rehabilitation of a juvenile in conflict with law. Again, it is this Act in terms of Section 16, that places an embargo on the imposition of any sentence of death or imprisonment for life. NAGOOR PICHAI @ BADUSHA VS STATE TR.SUB-INSP.OF POLICE AIR 2014 SC 1040
Posted on: Sun, 30 Nov 2014 05:30:01 +0000

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