Power of Court to make order for detention in Borstal schools
5. (1) If it appears to the [High Court Division], a Court of Session or the Court of a District Magistrate, a Sub-divisional Magistrate or any Magistrate of the first class specially empowered by the Government in this behalf in any case that comes before such Court originally, on appeal or in revision that an Adolescent offender convicted by such Court or any Court subordinate to it or failing to obey an order made by such Court or any Court subordinate to it to give security under section 106 or section 118 or to enter into a bond or find security under section 562 or section 126A of the Code of Criminal Procedure, 1898
, should be detained in a Borstal school, the Court may, in lieu of passing a sentence of imprisonment, make an order for the detention of the adolescent offender in a Borstal school for a term which shall not be less than two and shall not exceed three years.
(2) Before making an order under sub-section (1) the Court shall-
(a) inquire into the age of the offender and, after taking such evidence (if any) as may be deemed necessary, shall record a finding thereon stating his approximate age;
(b) After considering any report or representation which may be made to it as to the desirability of the detention of the adolescent offender in a Borstal school, satisfy itself that the character, state of health and mental condition of the offender and the other circumstances of the case are such that the offender is likely to profit by such detention.