Gujarat High Court Criminal Manual (subordinate court practice), 1977
It has been observed that orders for imprisonment for failure to furnish security under Chapter VIII of the Criminal Procedure Code are frequently passed against youths below the age of 21, and that such Magistrates do not consider the alternative of passing orders of detention in a Borstal School in fit cases instead of imprisonment in jail. The attention of the Magistrate is, therefore, drawn to sections 6 & 9 of the Bombay Borstal Schools Act, XVIII of 1929, which provide for the passing of orders of detention in Borstal School. The Magistrate should carefully consider in the case of a youthful person, the advisability of passing an order of detention in Borstal School instead of an order of imprisonment. When the executive Magistrate, having regard to the provisions of Section 6, clauses (a) and (b) is of the opinion that the person who has failed to furnish the security ordered by him is a proper person to be detained in the Borstal School, he should without passing any order, record such opinion and submit his proceedings and forward the offender to the Judicial Magistrate exercising jurisdiction in the area for passing the appropriate orders in the case as prescribed in section 9 of the Borstal School Act, XVIII of 1929.