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REFORMATORY SCHOOLS ACT

Ministry of Law and Justice

Act nº 8 of 1897


  • Part I
  • Part II
  • Part III
  • Part IV
  • Part V
  • Act nº 8 of 1897

Preamble

THE REFORMATORY SCHOOLS ACT, 1897

[Act, No. 8 of 1897]

[AS ON 1957]

[11th March, 1897]

PREAMBLE

An Act to amend the law relating to Reformatory Schools and to make further provisions for dealing with youthful offenders.

WHEREAS it is expedient to amend the law relating to Reformatory Schools and to make further provision for dealing with youthful offenders ; It is hereby enacted as follows :--

Part I

Section 1. Title and extent

(1) This Act may be called the Reformatory Schools act, 1897; {The word "and " and subsection (2) rep.by Act 10 of 1914, s.3 and Sch.II.}

{The word "and " and subsection (2) rep.by Act 10 of 1914, s.3 and Sch.Ii.}

(3) {Subs. by the A.O.1948 for the original sub-section (3) as amended by the A.O.1937.} [It extends to the whole of India except {Subs. by the Adaptation of Laws (No.2) Order, 1956, for "Part BStates".} [the territories which, immediately before the 1st November, 1956, were comprised in Part BStated].]

Section 2. Repeals

Rep.by the Repealing Act, 1938 (1 of 1938), s.2 and Such.

Section 3. Repeals

Rep.by the Repealing Act, 1938 (1 of 1938), s.2 and Such.

Section 4. Definitions

In this Act, unless there is anything repugnant in the subject or context,--

{In Bombay the age-limit has been raised to 16 :see the Bombay Children Act, 1924 (Boom13 of 1924), s.4.In the C.P.this definition has beenreplaced by another: see the C.P.Children Act, 1928 (C.P.Act10 of 1928.), s.3.}

(a) "youthful offender" means any boy who has been convicted of any offence punishable with transportation or imprisonment and who, at he time of such conviction, was under the age of fifteen years .

(b) "Inspector General" includes any officer appointed by the State Government to perform all or any of the duties imposed by this Act on the Inspector General .

(c) "District Magistrate" shall include a Chief Presidency Magistrate.

Part II

Section 5. Power establish and discontinue reformatory schools.

{The words "with the previous sanction of the G.G.in C." rep.by Act 4 of 1914, s.2 and Sch., Pt.I.} The State Government may--

(a) establish and maintain Reformatory Schools at such places as it may think fit ;

(b) use as Reformatory Shoals kept by persons willing to act in conformity with such rules consistent whit this Act, as the State Government may prescribe in this behalf ;

(c) direct that any school so established or used shall cease to exist as a Reformatory School or to be used as such.

Section 6. Requisites of Schools

Every school so established or used must provide--

(a) sufficient means of separating the inmates at night ;

(b) proper sanitary arrangements water-supply, food clothing and bedding for the youthful offenders detailed therein ;

(c) the means of giving such youthful offenders industrial training ;

(d) an infirmary or proper place for the reception of such youthful offenders when sick.

Section 7. Inspection of Reformatory Schools

(1) Every school intended to be established or used as a Reformatory School shall, before being used as such, be inspected by the Inspector General, ad if he finds that the requirements of section 6 have been complied with, and that, in his opinion, such school is fitted for the reception of such youthful offenders as may be sent there under r this Act, he shall certify to that effect, and such Certificate Shall be published in the1[official Gazette] together with an order of the2[State Government] establishing the school as a Reformatory School or directing that it shall be used as such, and the school shall thereupon be deemed to be a Reformatory School.

(2) Every such school shall, from time to time, and at least once in every year, be visited by the said Inspector General, who shall send to the State Government a repot on the condition of the school in such form as the State Government may prescribe.

1. Substituted for 'Gazette of India' by A.O 1937.

2. Substituted for " Provincial Government " by A.L.O. 1950.


Section 8. Power of Courts to direct youthful offenders to be sent to Reformatory Schools

(1) Whenever any youthful offender is sentenced to transportation or imprisonment, and is, in the judgment of the Court by which he is Sentenced, a proper person to be an inmate of a Reformatory School, the Court may, subject to any rules made by the State Government, direct that, instead of undergoing his sentence, he shall be sent to such a school, and e there detained for a period which shall be not less This part of the section has been amended in Bombay by the Bombay Children Act, 1924 (Bom.13 of 1924), s.4, and in the C.P.by the C.P.Children Act, 1928 (C.P.10 of 1928), s.3.} three or more than seven years.

(2) The powers so conferred on the Court by this section shall be exercised only by (a) the High Court, (b) a Court of Session, (c) a District Magistrate, and (d) any Magistrate specially empowered by the State Government is this behalf, and may be exercised by such Courts whether the case comes before them originally or on appeal.

(3) The State Government may make rules for

{For rules made under this clause by the Punjab Government, see Punjab Gazette, Extraordinary, dated 2nd October, 1903, p.3.}

(a) defining what youthful offenders should be sent to Reformatory Schools, having regard to the nature of their offences or other considerations,

(b) regulating the periods for which youthful offenders may be sent to such schools according to their ages or other considerations. {For rules regulating the period for which youthful offenders may be sent to Reformatories, see different local R.and O.}

Section 9. Procedure where Magistrate is not empowered to pass an order under section 8

(1) When any Magistrate not empowered to pass an order under the last foregoing section is of opinion that a youthful offender convicted by his is proper person to be an inmate of a Reformatory School, he may, without passing sentence, record such opinion and submit his proceedings and forward the youthful offender to the District Magistrate to whom he is subordinate.

(2) The Magistrate to whom the proceedings are so submitted may make such further inquiry (if any) as he may think fit and pass such sentence and order for the detention in a Reformatory School of the youthful offender, or otherwise, as he might have passed if such youthful offender had been originally tired by him.

Section 10. Power of Magistrates to direct boys under fifteen sentenced to imprisonment to be sent to Reformatory Schools

The officer in charge of a prison in which a youthful offender is confined, in execution of a sentence of imprisonment, may bring him, if he has not then attained the age of fifteen years, before the District

Magistrate may, if such youthful offender appears to be proper person to be an inmate of a Reformatory School, direct that, instead of undergoing the residue of his sentence, he shall be sent to a Reformatory School, and there detained for a period which shall be subject to the same limitations as are prescribed by or under section 8, with reference to the period of detention thereby authorized.

Section 11. Preliminary inquiry and finding as to age of youthful offender

(1) Before directing any youthful offender to be sent to a Reformatory School under section 8, section 9 or section 10, the Court or Magistrate shall inquire into the question of his age and, after taking such evidence (if any) as may be deemed necessary, shall record finding thereon, stating his age as nearly as may be.

(2) A similar inquiry shall be made and finding recorded by every Magistrate not empowered to pass an order under section 8 before submitting his proceedings and forwarding the youthful offender to the District Magistrate as required by section 9, sub-section (1).

Section 12. Government to determine Reformatory School to which such offenders shall be sent

Every youthful offender directed by a Court or Magistrate to be sent to a Reformatory School shall be sent to such Reformatory School as the State Government may, by general or special order, appoint for the reception of youthful offenders so dealt with by such Court or Magistrate :

Provided that, if accommodation in a Reformatory School is not immediately available for such youthful offender, he may be detained in the juvenile ward or such other suitable part of a prison as the State Government may direct

(a) until he can be sent to a Reformatory School, or

(b) until the term of his original sentence expires,

whichever event may fit happen. Should the term of his original sentence first expire, he shall thereupon b released, but, should he be sent to a Reformatory School, then the period of detention previously undergone shall be treated as dentition in a Reformatory School.