Gujarat High Court Criminal Manual (subordinate court practice), 1977
(1) The offenders who have not attained the age of 16 years cannot be sent to Jail vide section 68 of the Bombay Children Act. Similarly, in the area where the Saurashtra Children Act, 1956, is applicable, the offenders who have not attained the age of 18 years cannot be sent to the Jail under section 67 of the said Act. (2) If the offender is not protected under the Bombay Children Act or the Saurashtra Children Act and is also not over 21 years of age, the Court should consider whether he should be dealt with under the provisions of the Probation of Offenders Act or under the Borstal Schools Act. (3) Borstal training is based on the principle that a young offender's character is still plastic and that the tendency to crime can be corrected by proper treatment. Persons who have developed a tendency or leaning towards crime or who have fallen in bad company or acquired evil habits are ordinarily suitable for Borstal treatment. A person who has no previous convictions, may also be sent to the Borstal School, if the Court after making enquiries finds that he possesses criminal tendencies. (4) The first offender, who has no evil habits or associations, is ordinarily not suitable for detention in a Borstal School, inasmuch as he does not require the education and training provided therein. The desirability of using the Probation of Offenders Act should be considered in such cases. (5) A youth, who is convicted of a single act of violence committed in a moment of passion or who is guilty of sexual offence, should not, as a rule, be sent to the Borstal School. (6) Where the offence committed is such that it cannot suitably be dealt with under the provisions of the above Acts, and where it cannot adequately be punished except by imprisonment, the offender should be sent to the Juvenile Section of the Jail. (7) As it is not desirable to keep a youth idle in Jail, it is ordinarily not desirable to sentence him to simple imprisonment.