ABI Act 5

Section 5 · Power of Court to make order for detention

(1)

When an adolescent offender is convicted for failing to obey an order made by the High Court, a Court of Session or a Court of Magistrate of the first class to give security under Section 106 or 118 or Section 126-A of the Code of Criminal Procedure, 1898, or when such offender is convicted by such Court for any offence not punishable with death or imprisonment for life and when the Court convicting such offender has not passed any order under any of the provisions of the Probation of Offenders Act, 1958, may in lieu of passing a sentence of imprisonment make an order for the detention of the adolescent offender in a Borstal Institution for a term which shall not be less than two years and more than five years, when the order is made by such Court other than a Magistrate, and shall not be less than two years and more than three years when the order is made by such magistrate.

(2)

When any Magistrate not empowered to make an order under sub-section (1) is of opinion that in respect of any adolescent offender convicted by him an order should be made under the said sub-section, he shall, without passing any sentence, record such opinion and submit the records of the case and forward the adolescent offender to the Sessions Judge and there upon the Sessions Judge may either pass an order under sub-section (1) or pass such other order or sentence as the Magistrate might himself have passed.

(3)

Before making an order of detention under sub-section (1) or sub-section (2), the High Court, the Sessions Judge or the Magistrate, as the case may be, shall, after considering any report submitted by the Probation Officer under the Probation of Offenders Act, 1958 and any other report or representation which may be made to it or him as to the desirability of the detention, satisfy itself or himself that the character, state of health, and mental condition of the person convicted and the other circumstances of the case are such that the person convicted is likely to profit by such detention,

(4)

When an order of detention is made under this Act the ground for such detention shall be recorded and a copy thereof shall be furnished to the person ordered to be detained, free of cost.

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