ABI Act 8

Section 8 · Application of the Code of Criminal Procedure, 1898, and the Indian Limitation Act, 1963 and provisions of appeal and revision

(1)

Subject to the provisions of sub-section (2), the provisions of the Code of Criminal Procedure, 1898, relating to appeal, reference and revision and Art. 115 of the Indian Limitation Act, 1963, shall apply in the case of an order of detention as if the order had been a sentence of imprisonment for the same period as the period for which detention was ordered.

(2)

Notwithstanding anything contained in Section 423 of the Code of Criminal Procedure, 1898, in case of an adolescent offender, an Appellate Court or the High Court in exercise of its powers of revision may, in pursuance of sub-section (1) and the provision of that Code, and after making such inquiry as it may deem fit, alter sentence of imprisonment or an order of commitment to prison under Section 123 of that Code to an order of detention if for reasons mentioned in sub-section (3) of Section 5, it considers such alterations expedient and may alter an order of detention to a sentence of imprisonment or commitment to prison under the said Section 123, as the case may be :Provided that-

(i)

the sentence of imprisonment, order of commitment or detention shall not be in excess of the powers of the Trial Court or Magistrate; and

(ii)

before making such order the Court shall give the said person or his parent or guardian a reasonable opportunity of being heard.

(3)

Any person who has been ordered to be detained in a Borstal Institution for a period to expire after the term of the imprisonment to which he was sentenced, would expire had the order not been passed may appeal to the Court of Sessions, and such Court may either confirm the order or set it aside and restore the sentence of imprisonment or if the order is for more than two years, reduce it to a term not shorter than the residue of imprisonment to which he was sentenced.

(4)

Any person ordered by a Court of Session under the provisions of sub-section (3) to be detained for a period to expire after the term of imprisonment to which he was sentenced would expire had such order not been passed, may appeal within sixty days of the order to the High Court and the High Court may pass any such order as the Court of Sessions might have passed.

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