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CHAPTER 22
YOUTHFUL OFFENDERS

PART C -- REFORMATORY SCHOOLS

*[1. Courts empowered to direct youthful offenders to the Reformatory School- Procedure for a Magistrate not so empowered.- The only Courts empowered to direct youthful offenders to be sent to the Reformatory School are:-]

(a) The High Court.

(b) The Court of Session.

(c) ***[Omitted]

(d) Any Magistrate specially empowered by the Provincial Government in this behalf.

The Provincial Government has empowered Magistrates of the Ist class only with powers mentioned in section 8(i) of the Reformatory Schools Act (vide Punjab Government notification No.578-Jails, dated the 7th January 1924); but any Magistrate who has not been so empowered may, under section 9 of the Act, refer the case of any youthful offender to the *[Sessions Judge] to whom he is subordinate and all Magistrates should do so in suitable cases.

2. Record a finding as to age. Definition of youth offender.-- A youthful offender is defined as meaning any boy who has been convicted of any offence punishable with imprisonment, and who, at the time of such conviction, was under the age of 15 years; and it is incumbent on all Courts and Magistrates dealing with cases of youthful offenders (whether specially empowered or not), to make a preliminary inquiry and to record a finding as to the age of the offender before directing the offender to be sent to a Reformatory School or making a reference to the Sessions Judge under section 9 for that purpose. In taking the medical evidence mentioned in paragraph 4 (a) of this chapter, the opinion of the Medical Officer as to the age of the boy should invariably be recorded.

3. Rules framed by Government. Youthful offender to be sent to Reformatory School when Magistrate awards imprisonment for life.-- The rules framed by the Punjab Government under the Reformatory Schools Act should be studied. The effect of Punjab Government notification No. 37, dated the 20th January, 1906, under which these rules were published, appears to be this. A Court or Magistrate convicting any youthful offender of any of the offences noted below should act as follows. If the presiding officer considers that the offence committed is one in connection with which the offender should be-

(a) whipped, or

(b) ***[Omitted]

(c) dealt with under section 31 of the Reformatory School Act, or

(d) fined,

he should pass orders accordingly.

If, however, he considers that the case should not be so dealt with, he must pass an order of imprisonment commensurate with the offence and then send the offender to the Reformatory School.

OFFENCES SPECIFIED

*[(1) Any offence except those described in sections 302, 303, 324, 337 and 377 of the Pakistan Penal Code and section 19(3)(a) of the Offence of Zina (Enforcement of Hudood) Ordinance 1979.]

(2) Any abetment or attempt in connection with any such offence.

4. Reformatory School intended for casual criminals and first offenders capable of reformation. Disqualifications preventing admission.-- It should be borne in mind that before recording an order directing the detention of a boy in the Reformatory Schools, Courts should satisfy themselves-

(a) after taking medical evidence, that he is not totally blind, insane, idiot, leprous, tuberculous, epileptic, or suffering from any permanent physical incapacity for industrial employment; or

(b) that he has not been previously convicted under section 377 of the Pakistan Penal Code.

A youthful offender with any of these disqualifications will not be admitted into the Reformatory School, and Courts must deal with such an offender in the ordinary course under the Pakistan Penal Code. ***[...]

These rules will, it is hoped, secure as inmates of the Reformatory School casual criminals and first offenders capable of reformation, and will exclude the corrupting influence of incorrigible offenders, and of boys who have already learnt the evil that can be learnt in jail.

5. ***[Omitted]

6. Period for which detention in the school is to be ordered.-- Section 8, subsection (1), of the Reformatory Schools Act, 1897 **[(VIII of 1897)] prescribes the period for which Magistrates must order detention in the Reformatory School. This period cannot be less than three or more than seven years. This section should be read in connection with Punjab Government notification No. 37, dated the 20th January, 1906, which further limits the Magistrate's discretion as to the period of detention he can order. It should nevertheless be borne in mind that a boy ordered to be detained in the Reformatory School for seven years will not necessarily be kept in the school for so long. He will in any case be discharged when he attains the age of 18 years.

7. *[Sessions Judge] should recommend to Government when he thinks that youthful offender though not admissible under the rules is proper person for admission.-- Besides the case of youthful offenders convicted by a Court of one of the offences specified (vide paragraph 3 of this Chapter), section 10 of the Reformatory Schools Act contemplates another case in which detention in the Reformatory School may be directed. This section gives the Superintendent of a jail power to produce before the *[Sessions Judge] any boy who is under the age of 15 years. In deciding whether any youthful offender brought to his notice in this manner should be sent to the Reformatory School, the *[Sessions Judge] will, of course, be guided by the rules made by the Provincial Government under section 8, subsection (3), clause (a), of the Reformatory Schools Act published as Punjab Government notification No. 37, dated the 20th January 1906. Should the *[Sessions Judge] consider that the youthful offender, though not admissible to the Reformatory School under those rules, is a proper person to be an inmate of the School, he must refer the case to the Provincial Government.

8. Classification of boys in the school. *[Court] should recommend the class.-- Under the rules made by the Provincial Government for the classification, separation and daily employment of youthful offenders, boys detained in a Reformatory School will be classed in two divisions, senior and a junior, and each division will be subdivided into two sub-divisions, A and B. The senior division will consist of boys above 14, and the junior division of boys under 14 years of age. Sub-division A will contain boys not in sub-division B and sub-division B will contain (1) boys, who by reason of previous offences, whether the subject of criminal prosecution or not, or of the character of their offence, or the circumstances under which it was committed (offences against morals and serious organized offences, whether against property or against ***[...] person) appear to have marked criminal propensities; (2) boys who have been in jail, except those sent to jail under the proviso to section 12 of the Reformatory Schools Act temporarily, i.e,. detained in jail for want of accommodation in the Reformatory School; (3) boys whose parents are habitual criminals, and boys who have been subjected to family influences and surroundings which are likely to *[lead] to a life of crime. In directing the detention of a boy in the Reformatory School, *[Courts] should, with reference to this rule record their opinion as to the sub-division in which the boy should be placed while under detention.

9. Duty of *[Court] to inquire about accommodation in school and to make arrangement if there is no accommodation.-- When a *[Court] orders a boy to be detained in the Reformatory School he should by telegram ascertain from the Superintendent thereof whether accommodation is available. If there is accommodation, the boy should be sent at once to the school; otherwise, he would be sent to the Jail prescribed by the Provincial Government in notification No. 426, dated 2nd October, 1903, and the Superintendent of the Reformatory School should be informed of the Jail to which he is sent or to which he may thereafter be transferred.

*[10. Magistrates advised to visit the school.-- As many first class Magistrates as possible should pay a visit for inspection to the Reformatory School.]

11. Sanctioning authority for travelling allowance for the visit.-- Under Travelling Allowance Rules 2.48 and 4.3 (serial 7), read with paragraph 22.4, item (3), Chapter 22,-Delegation Orders of Financial Handbook No. 2, volume II, Commissioners are authorised in the case of all first class Magistrates within their division to declare absence from headquarters for the period necessary to visit the Reformatory School ***[...] to be absence on duty, and thus to sanction the travelling allowance for such journeys.

12. Second and Third Class Magistrates not required to visit.-- Magistrate should be encouraged to take advantage of these orders, and such visits should be facilitated, provided always that they do not interfere seriously with the routine of magisterial work. It is not proposed to grant this concession to Magistrates of the 2nd and 3rd class but will apply to Honorary Magistrates of the first class.

13. Sessions Judges may permit Civil Judges exercising criminal powers to visit the school.-- The power granted above to Commissioners has been delegated to District and Sessions Judges, who may permit Civil Judges who are also Magistrates of the Ist class to visit the Reformatory School, ***[...] but one visit only not exceeding two days, may be allowed in each case.

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