Updated: Sunday August 11, 2013/AlAhad
Shawwal 05, 1434/Ravivara
Sravana 20, 1935, at 07:46:13 PM
[1][1]The Reformatory Schools Act, 1897
(Act VIII of
1897)
[
An
Act to amend the law relating to Reformatory Schools and to make further
provision 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:-
I—PRELIMINARY
1. Title and extent.— (1) This Act may be called the Reformatory
Schools Act, 1897: [2][2][* * *]
[3][3][* * * * * * * *]
[4][4][(3) This
section and section 2 shall extend to [5][5][the whole of
2
and 3. [Repeals].
Repealed by the Repealing Act, 1938 (1 of
1938), section 2 and Schedule.
4. Definitions.— In this Act, unless there is anything
repugnant in the subject or context,—
(a) “youthful
offender” means any boy who has been convicted of any offence punishable with
transportation or imprisonment and who, at the time of such conviction, was
under the age of fifteen years :
(b) “Inspector-General”
includes any officer appointed by the [9][9][Provincial Government] to perform all or any
of the duties imposed by this Act on the Inspector-General: and
[10][10][* * * * * * *]
II—REFORMATORY
SCHOOLS
5. Power to establish and discontinue
Reformatory Schools.—
[11][11][* * *] The [12][12][Provincial Government] may—
(a) establish
and maintain Reformatory Schools at such places as it may think fit;
(b) use
as Reformatory Schools kept by persons willing to act in conformity with such
rules, consistent with this Act, as the [13][13][Provincial Government] may prescribe in this
behalf;
(c) direct
that any school so established or used shall cease to exist as a
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 detained 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.
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, and 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 this Act, he
shall certify to that effect, and such certificate shall be published in the [14][14][Official Gazette], together with an order of the [15][15][Provincial 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 [16][16][Provincial Government] a report on the
condition of the school in such form as the [17][17][Provincial Government] may prescribe.
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 [18][18][Provincial Government], direct that, instead
of undergoing his sentence, he shall be sent to such a school, and be there
detained for a period which shall be not less than 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 [19][19][Provincial Government] in this behalf, and may be
exercised by such Courts whether the case comes before them originally or on
appeal.
(3) The [20][20][Provincial Government] may make rules for—
[21][21](a) defining
what youthful offenders should be sent to Reformatory Schools, having regard to
the nature of their offences or other considerations, and
(b) regulating the periods for which youthful
offenders may be sent to such schools according to their ages or other
considerations.
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 him is a
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 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 tried by him.
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 within whose jurisdiction such prison is situate; and such
Magistrate may, if such youthful offender appears to be a 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 authorised.
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 a 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).
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 [22][22][Provincial 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
(a) until he can be sent to a
(b) until the term of his original sentence
expires,
whichever event may first happen. Should the
term of his original sentence first expire, he shall thereupon be released, but
should he be sent to a
13. Persons found to be over eighteen years not
to be detained in Reformatory Schools.— (1) If at any time after a youthful offender has been sent to a
Reformatory School it appears to the Committee of Visitors or Board of
Management, as the case may be, that the age of such youthful offender has been
understated in the order for detention, and that he will attain the age of
eighteen years before the expiration of the period for which he has been
ordered to be detained, they shall report the case for the orders of the [24][24][Provincial Government].
(2) No person shall be detained in a
14. Discharge or
removal by order of Government.— The [26][26][Provincial Government] may at any time order any
youthful offender—
(a) to
be discharged from a
(b) to be removed from one
[27][27][15. Agreement between Provinces.— The Provincial Governments of any two
Provinces may after mutual agreement, generally or specially, notify in their respective
Official Gazettes that any Reformatory School situated in one of the Provinces
shall be available for the reception of youthful offenders directed to be sent
to a Reformatory School by any Court or Magistrate in the other Province and
may thereupon make provisions for the removal of youthful offenders
accordingly].
16. Certain orders not subject to appeal or
revision.— Nothing contained
in the [28][28]Code of Criminal Procedure, 1882, shall be
construed to authorise any Court or Magistrate to alter or reverse in appeal or
revision any order passed with respect to the age of a youthful offender or the
substitution of an order for detention in a Reformatory School for
transportation or imprisonment.
III—MANAGEMENT
OF REFORMATORY SCHOOLS
17. Appointment of Superintendent and Committee
of Visitors or Board of Management.— (1) For the control and management of every
(2) Every Committee and every Board so
appointed must consist of not less than five persons[30][30][.] [31][31][* * *]
(3) The [32][32][Provincial Government] may suspend or remove
any Superintendent or any Member of a Committee or Board so appointed.
18. Superintendent
may license youthful offenders to employers of labour.— (1) Every
Superintendent so appointed may, with the sanction of the Committee, by license
under his hand, permit any youthful offender sent to a Reformatory School, who
has attained the age of fourteen years, to live under the charge of any
trust-worthy and respectable person named in the license, or any officer of
Government or of a Municipality, being an employer of labour and willing to
receive and take charge of him, on the condition that the employer shall keep
such youthful offender employed at some trade, occupation or calling.
(2) The license shall be in force for three
months and no longer, but may, at any time and from time to time until the
expiration of the period for which the youthful offender has been directed to
be detained, be renewed for three months at a time.
19. Cancellation of license.— The license shall be cancelled at the desire
of the employer named in the license.
20. Determination of license.— If during the term of the license the
employer named therein dies, or ceases from business or to employ labour, or
the period for which the youthful offender has been directed to be detained in
the
21. Cancellation of license in case of
ill-treatment.— If it
appears to the Superintendent that the employer has ill-treated the youthful
offender, or has not adequately provided for his lodging and maintenance, the
Superintendent may cancel the license.
22. Superintendent to be deemed guardian of
youthful offenders.— (1) The
Superintendent of a
Power to
apprentice youthful offender.— (2) If it appears to the Superintendent that
any youthful offender licensed under section 18 has behaved well during one or
more periods of his license, the Superintendent may, with the sanction of the
Committee, apprentice him under the provisions of the said Act, and on such
apprenticement the right to detain such youthful offender in a Reformatory
School shall cease, and the unexpired term (if any) of his sentence shall be
cancelled.
23. Duties of Committee of Visitors.— (1) Every Committee of Visitors appointed
under section 17 for a
(a) visit
the school, to hear complaints and see that the requirements of section 6 have
been complied with, and that the management of the school is proper in all
respects;
(b) examine
the punishment-book;
(c) bring
any special cases to the notice of the Inspector-General; and
(d) see
that no person is illegally detained in the school.
(2) If any member of a Committee of Visitors
so appointed fails or neglects, during a period of six consecutive months, to
visit the school and assist in the discharge of the duties aforesaid, he shall
cease to be a member of such Committee.
24. Powers of Board of Management.— If, in exercise of the power conferred by
section 17, the [34][34][Provincial Government] appoints a Board of
Management for any Reformatory School, such Board shall have the powers and
perform the functions of the Superintendent under sections 18 to 22, both
inclusive; and the license mentioned in sections 18 may be under the hand of
their chairman; and they shall be deemed to be the guardians of the youthful
offenders detained in such school.
25. Power to appoint Trustees or other Managers
of a school to be a Board of Management.— The [35][35][Provincial Government] may declare any body
of Trustees or Managers of a school, who are willing to act in conformity with
the rules referred to in section 5, clause (b), to be a Board of Management
under this Act, and thereupon such body or Managers shall have all the powers
and perform all the functions of such Board of Management.
26. Power of
Board to make rules.— (1) With the previous sanction of the [36][36][Provincial Government], every Board of Management
of a Reformatory School may from time to time make rules consistent with this
Act—
(i) to prescribe the articles which are to be
deemed to be “prohibited articles”; and
(ii) to regulate—
(a) the conduct of business of the Board;
(b) the management of the school;
(c) the education and industrial training of youthful offenders;
(d) visits to, and communication with, youthful offenders;
(e) the terms and conditions under which any articles declared by the
Board to be “prohibited articles” may be introduced into or removed out of the
school;
(f) the manner in which such articles are to be removed when
introduced without due authority;
(g) the conditions and limitations under which such articles may be
supplied outside the school to any youthful offender under order of detention
therein;
(h) the conditions on which the possession by any such youthful
offender of such articles may be sanctioned;
(i) the penalties to be imposed for the supply or possession of such
articles when supplied or possessed without due authority;
(j) the punishment of offences committed by youthful offenders; and
(k) the granting of licenses for the employment of youthful offenders.
(2) In the absence of a Board of Management
the [37][37][Provincial
Government] may make rules consistent with this Act to regulate for any
Reformatory School the matters mentioned in any clause of sub-section (1),
other than clause (ii) (a), and also the mode in which the Committee of
Visitors shall conduct their business.
IV—OFFENCES
IN RELATION
TO
REFORMATORY SCHOOLS
27. Penalty for introduction or removal or
supply of prohibited articles and communication with youthful offenders.— Whoever, contrary to any rule made under
section 26, introduces or removes or attempts by any means whatever to introduce
or remove into or from any Reformatory School, or supplies or attempts to
supply outside the limits of any Reformatory School to any youthful offender
under order of detention therein, any prohibited article,
and
every officer or person in charge of a Reformatory School who, contrary to any
such rule, knowingly suffers any such article to be introduced into or removed
from any Reformatory School, to be possessed by any youthful offender detained
therein, or to be supplied to any such youthful offender outside its limits,
and
whoever, contrary to any such rule, communicates or attempts to communicate
with any such youthful offender,
and
whoever abets any offence made punishable under this section,
shall, on conviction before a Magistrate, be
liable to imprisonment for a term not exceeding six months, or to fine not
exceeding two hundred rupees, or to both.
28. Penalty for abetting escape of youthful
offender.— Whoever abets an
escape, or an attempt to escape, on the part of a youthful offender from a
Reformatory School, or from the employer of such youthful offender, shall be
punishable with imprisonment for a term which may extend to six months, or with
fine not exceeding two hundred rupees, or with both.
29. Arrest of escaped youthful offender.— A Police-officer may, without orders from a
Magistrate and without a warrant, arrest any youthful offender sent to a
Reformatory School under this Act, who has escaped from such school or from his
employer, and take him back to such school or to his employer.
V—MISCELLANEOUS
30. [Application of Act XIV of 1869 to youthful
offenders detained in Reformatory Schools]. Repealed by the Prisoners Act, 1900
(III of 1900), section 53 and Schedule III.
31. Power to deal in other ways with youthful
offenders including girls.—
(1) Notwithstanding anything contained in this Act or in any other enactment
for the time being in force, any Court may, if it shall think fit, instead of
sentencing any youthful offender to transportation or imprisonment or directing
him to be detained in a Reformatory School, order him to be
(a) discharge
after due admonition, or
(b) delivered
to his parent or to his guardian or nearest adult relative, on such parent,
guardian or relative executing a bond, with or without sureties, as the Court may
require, to be responsible for the good behaviour of the youthful offender for
any period not exceeding twelve months.
(2) For the purposes of this section the
term “youthful offender” shall include a girl.
(3) The powers conferred on the Court by this
section shall be exercised only by Courts empowered by or under section 8.
(4) When any youthful offender is convicted
by a Court not empowered to Act under this section and the Court is of opinion
that the powers conferred by this section should be exercised in respect of
such youthful offender, it may record such opinion and submit the proceedings
and forward the youthful offender to the District Magistrate to whom such Court
is subordinate.
(5) The
District Magistrate to whom the proceedings are so submitted may thereupon make
such order or pass such sentence as he might have made or passed if the case
had originally been tried by him.
32. Procedure
when youthful offender under detention in a Reformatory School is again
convicted and sentenced.— When a youthful offender during his period of
detention in a Reformatory School is again convicted by a Criminal Court, the
sentence of such Court shall commence at once, notwithstanding anything to the
contrary in section 397 of the [38][38]Code of Criminal Procedure,
1882, but the Court shall forthwith report the matter to the [39][39][Provincial Government], which
shall have power to deal with the matter in any way in which it thinks fit.
[1][1]For statement of objects and
reasons, see Gazette of India, 1896,
Pt. V, p. 187; for Report of the Select Committee, see ibid., 1397, Pt. VI p. 55; and for Proceedings in Council see ibid., 1896, Pt. V. pp. 222 and 251;
and ibid., 1896, Pt. VI, pp. 44 and
68.
This Act had been declared to be in force in
It had also been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950
(G.G.O. 3 of 1950); and applied in the Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. I, p.
1499.
[2][2]The word “and” at the end of
sub-section (1), and sub-section (2), repealed by the Repealing and Amending
Act, 1914 (X of 1914), section 3 and Schedule II.
[3][3]Ibid.
[4][4]Substituted by the Adaptation
of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Schedule, for
the original sub-section (3) as amended by the Government of
[5][5]Substituted by the Central
Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd
Schedule, for “all the Provinces” (with effect from 14th October, 1955).
[6][6]Substituted by the Central
Adaptation of Laws Order, 1964 (P.O. 1 of 1964), Art. 2 and Schedule, for
certain words as amended by the Repealing and Amending Ordinance, 1961 (I of
1961), and the Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961).
[7][7]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A. O. 1 of 1974), for “
[8][8]Ibid.
[9][9]Substituted by the Government
of
[10][10]Clause (c) omitted by the
Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949),
Schedule.
[11][11]The words “with the previous
sanction of the G.G. in C”. Repealed by the Decentralization Act, 1914 (IV of
1914), section 2 and Schedule, Pt. I.
[12][12]Substituted by the Government
of
[13][13]Substituted by the Government
of
[14][14]Substituted ibid., for “local official Gazette”.
[15][15]Substituted ibid., for “Local Government”.
[16][16]Ibid.
[17][17]Ibid.
[18][18]Substituted by the Government
of
[19][19]Ibid.
[20][20]Ibid.
[21][21]For rules made under this
clause by the Punjab Government, see Punjab
Gazette, dated the 2nd October, 1903, Extraordinary, p. 3.
[22][22]Substituted by the Government
of
[23][23]Substituted by the Government
of
[24][24]Ibid.
[25][25]Ibid.
[26][26]Ibid.
[27][27]Substituted by the Government
of
[28][28]X of 1882, subsequently
replaced by the Code of Criminal Procedure, 1898 (V of 1898).
[29][29]Substituted by the Government
of
[30][30]Substituted by the
Reformatory Schools (
[31][31]Deleted ibid.
[32][32]Substituted by the Government
of
[33][33]The Apprentices Act, 1850.
[34][34]Substituted by the Government
of
[35][35]Ibid.
[36][36]Substituted by the Government
of
[37][37]Substituted by the Government
of
[38][38]X of 1882, subsequently
replaced by the Code of Criminal Procedure, 1898 (V of 1898).
[39][39]Substituted by the Government
of
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