| An Act to provide for
the care, protection, maintenance, welfare, training, education and
rehabilitation of neglected or delinquent children and for the trial of
delinquent children in the Union territories.
BE it enacted by Parliament
in the Eleventh Year of 'the Republic of India as follows: -
CHAPTER I:
PRELIMINARY
1. Short title, extent and commencement
(1) This Act may be
called the Children Act, 1960.
(2) It extends to all
the Union territories.
(3) It shall come into
force in any Union territory on such date2 as the Administrator
may, by notification in the Official Gazette, appoint and different dates
may be appointed for different areas thereof.
2. Definitions
In this Act, unless the
context otherwise requires,-
(a) "Administrator"
means the administrator of a Union territory, whether called a Lieutenant
Governor, a Chief Commissioner or by any other name;
(b) "begging" means-
(i) soliciting or
receiving alms in a public place or entering on any private premises for the
purpose of soliciting or receiving alms, whether under the pretence of
singing, dancing, fortune-telling, performing tricks or selling articles or
otherwise;
(ii) exposing or
exhibiting with the object of obtaining or extorting alms any sore, wound,
injury, deformity or disease, whether of himself or of any other person or
of an animal;
(iii) allowing
oneself to be used as an exhibit for the purpose of soliciting or receiving
alms;
(c) "Board" means a
Child Welfare Board constituted under section 4;
(d) "brothel",
"prostitute", "prostitution" and "public place" shall have the meanings
respectively assigned to them in the Suppression of Immoral Traffic in Women
and Girls Act, 1956;
(e) "child" means a boy
who has not attained the age of sixteen years or a girl who has not attained
the age of eighteen years;
(f) "children's court"
means a court constituted under section 5;
(g) "children's home"
means an institution established or certified by the Administrator under.
section 9 as a children's home;
(h) "competent
authority" means, in relation to neglected children, a Board constituted
under section 4 and, in relation to delinquent children a children's court
constituted under section 5, and where no such Board or children's court has
been constituted, includes any court empowered under sub-section (2) of
section 7 to exercise the powers conferred on a Board or children's court;
(i) "dangerous drug"
shall have the meaning assigned to it in the Dangerous Drugs Act, 1930;
(j) "delinquent child"
means a child who has been found to have committed an offence;
3[(jj)
"fit person" or "fit institution" means any person or institution (not being
a police station or jail) found fit by the competent authority to receive
and take care of a child entrusted to his or its care and protection on the
terms and conditions specified by the competent authority;]
(k) "guardian" in
relation to a child, includes any person who, in the opinion of the
competent authority having cognizance of any proceeding in relation to a
child, has, for the time being, the actual charge of, or control over, that
child;
(l) "neglected child"
means a child who-
(i) is found
begging; or
(ii) is found
without having any home or settled place of abode or any ostensible means of
subsistence or is found destitute, whether he is an orphan or not; or
(iii) has a parent
or guardian who is unfit 3[or unable] to exercise or does not
exercise proper care and control over the child; or
(iv) lives in a
brothel or with a prostitute or frequently goes to any place used for the
purpose of prostitution, or is found to associate with any prostitute or any
other person who leads an immoral, drunken or depraved life;
(m) "observation home"
means any institution or place established or recognised by the
Administrator under section 11 as an observation home;
(n) "offence" means an
offence punishable under any law for the time being in force;
3[(nn)
"place of safety" means any place or institution (not being a police station
or jail), the person incharge of which is willing temporarily to receive and
take care of a child and which in the opinion of the competent authority may
be a place of safety for the child;]
(o) "prescribed" means
prescribed by rules made under this Act;
(p) "probation officer"
means an officer appointed as a probation officer under this Act or under
the Probation of Offenders Act, 1958;
(q) "special school"
means an institution established or certified by the Administrator under
section 10;
(r) "supervision", in
relation to a child placed under the care of any parent, guardian or other
4[fit person or fit institutions] under this Act, means the
supervision of that child by a probation officer for the purpose of ensuring
that the child is properly looked after and that the conditions imposed by
the competent authority are complied with;
(s) all words and
expressions used but not defined in this Act and defined in the 5[Code
of Criminal Procedure, 1973], shall have the meanings assigned to them in
that Code.
>
3. Continuation of inquiry in respect of
child who has ceased to be child
Where an inquiry has been
initiated against a child and during the course of such inquiry the child
ceases to be such, then, notwithstanding anything contained in this Act or
in any other law for the time being in force, the inquiry may be continued
and orders, may be made in respect of such person as if such person had
continued to be a child.
CHAPTER II :
COMPETENT AUTHORITIES AND INSTITUTIONS FOR CHILDREN
4. Child Welfare Boards
(1) The Administrator
may, by notification in the Official Gazette, constitute for any area
specified in the notification, one or more Child Welfare Boards for
exercising the powers and discharging the duties conferred or imposed on
such Board in relation to neglected children under this Act.
(2) A Board shall
consist of a chairman and such other members as the Administrator thinks fit
to appoint, of whom not less than one shall be a woman; and every such
member shall be vested with the powers of a magistrate under the 5[Code
of Criminal Procedure, 1973].
(3) The Board shall
function as a Bench of magistrates and shall have the powers conferred by
the 6[Code of Criminal Procedure, 1973, on a Metropolitan
Magistrate or, as the case may be, a Judicial Magistrate of the first
class].
5. Children’s courts
(1) Notwithstanding
anything Contained in the 5[Code of Criminal Procedure, 1973],
the Administrator may, by notification in the Official Gazette, constitute
for any area specified in the notification, one or more children's courts
for exercising the powers and discharging the duties conferred or imposed on
such court in relation to delinquent children under this Act.
7[(2)
A children's court shall consist of such number of Metropolitan Magistrates
or Judicial Magistrates of the first class, as the case, may be, forming a
Bench as the Administrator thinks fit to appoint, of whom one shall be
designated as the principal magistrate; and every such Bench shall have the
powers conferred by the Code of Criminal Procedure, 1973, on a Metropolitan
Magistrate or, as the case may be, a Judicial Magistrate of the first class.
(3) Every children's
court shall be assisted by a panel of two honorary social workers possessing
such qualifications as may be prescribed, of whom at least one shall be a
woman, and such panel shall be appointed by the Administrator.]
6. Procedure, etc., in relation to Boards
and children’s courts
(1) In the event of any
difference of opinion among the members of a Board or among the magistrates
of a children's court, the opinion of the majority shall prevail, but where
there is no such majority, the opinion of the chairman or of the 8[principal
magistrate], as the case may be, shall prevail.
(2) A Board or
children’s court may act notwithstanding the absence of any member of the
Board or, as the case may be, any magistrate of the children's court, and no
order made by the Board or children’s court shall be invalid by reason only
of the absence of any member or magistrate, as the case may be, during any
stage of the proceeding.
(3) No person shall be
appointed as a member of the Board or as a magistrate in the children's
court unless he has, in the opinion of the Administrator, special knowledge
of child psychology and child welfare.
7. Power of Board and children’s court
(1) Where a Board or a
children's court has been constituted for any area, such Board or court
shall, notwithstanding anything contained in any other law for the time
being in force but save as otherwise expressly provided in this Act, have
power to deal exclusively with all proceedings under this Act relating to
neglected children or delinquent children, as the case may be :
9[Provided
that a Board or a children's court may, if it is of opinion that it is
necessary so to do having regard to the circumstances of the case, transfer
any proceedings to any children's court or Board, as the case may be :
9Provided
further that where there is any difference of opinion between a Board and a
children's court regarding the transfer of any proceedings under the first
proviso, it shall be, referred to the Chief Metropolitan Magistrate or, as
the case may be, the Chief Judicial Magistrate for decision, and in a case
where the District Magistrate is functioning as a Board or a children's
court, such difference of opinion shall be referred to the Court of Session,
and the decision of the Chief Metropolitan Magistrate or Chief Judicial
Magistrate or, as the case may be, the Court of Session on such reference
shall be final.]
(2) Where no Board or
children's court has been constituted for any area, the powers conferred on
the Board or the children's court by or under this Act shall be exercised in
that area, only by the following, namely :-
(a) the district
magistrate; or
(b) the
sub-divisional magistrate; or
10[(c)
any Metropolitan Magistrate or Judicial Magistrate of the first class, as
the case may be.]
(3) The powers conferred
on the Board or children's court by or under this Act may also be exercised
by the High Court and the court of session, when the proceeding comes before
them in appeal, revision or otherwise.
8. Procedure to be followed by a magistrate
not empowered under the Act
(1) When any magistrate
not empowered to exercise the powers of a Board or a children's court under
this Act is of opinion that a person brought before him under any of the
provisions of this Act (otherwise than for the purpose of giving evidence)
is a child, he shall record such opinion and forward the child and the
record of the proceeding to the competent authority having jurisdiction over
the proceeding.
(2) The competent
authority to which the proceeding is forwarded under sub-section (1) shall
hold the inquiry as if the child had originally been brought before it.
9. Children’s homes
(1) The Administrator
may establish and maintain as many children's homes as may be necessary for
the reception of neglected children under this Act.
(2) Where the
Administrator is of opinion that any institution other than an institution
established under sub-section (1) is fit for the reception of the neglected
children to be sent there under this Act, he may certify such institution as
a children's home for the purposes of this Act.
(3) Every children's
home to which a neglected child is sent under this Act shall not only
provide the child with accommodation, maintenance and facilities for
education, but also provide him with facilities for the development of his
character and abilities and give him necessary training for protecting
himself against moral dangers or exploitation and shall also perform such
other functions as may be prescribed 9[to ensure all round growth
and development of his personality].
(4) The Administrator
may, by rules made under this Act, provide for the management of children’s
homes 3[, including the standards and the nature of services to
be maintained by them,] and the circumstances under which, and the manner in
which, the certificate of a children’s home may be granted or withdrawn.
10. Special
schools
(1) The Administrator
may establish and maintain as many special schools as may be necessary for
the reception of delinquent children under this Act.
(2) Where the
Administrator is of opinion that any institution other than an institution
established under sub-section (1) is fit for the reception of the delinquent
children to be sent there under this Act, he may certify such institution as
a special school for the purposes of this Act.
(3) Every special school
to which a delinquent child is sent under this Act shall not only provide
the child with accommodation, maintenance and facilities for education but
also provide him with facilities for the development of his character and
abilities and give him necessary training for his reformation and shall also
perform such other functions as may be prescribed 9[to ensure all
round growth and development of his personality].
(4) The Administrator
may, by rules made under this Act, provide for the management of special
schools 3[including the standards and the nature of services to
be maintained by them,] and the circumstances under which, and the manner in
which, the certificate of a special school may be granted or withdrawn.
11. Observation homes
(1) The Administrator
may establish and maintain as many observation homes as may be necessary for
the temporary reception of children during the pendency of any inquiry
regarding them under this Act.
(2) Where the
Administrator is of opinion that any institution other than an institution
established under sub-section (1) is fit for the temporary reception of
children during the pendency of any inquiry regarding them under this Act,
he may recognise such institution as an observation home for the purposes of
this Act.
(3) Every observation
home to which a child is sent under this Act shall not only provide the
child with accommodation, maintenance and facilities for medical examination
and treatment, but also provide him with facilities for useful occupation.
(4) The Administrator
may, by rules made under this, Act, provide for the management of
observation homes 3[, including the standards and the nature of
services to be maintained by them,] and the circumstances under which, and
the manner in which, an institution may be recognised as an observation home
or the recognition may be withdrawn.
11[12.
After-care organisations
The Administrator may, by
rules made under this Act, provide-
(a) for the
establishment or recognition of after-care organisations and the powers that
may be exercised by them for effectively carrying out their functions under
this Act;
(b) for a scheme of
after-care programme to be followed by such after-care organisations for the
purpose of taking care of children after they leave children’s homes or
special schools and for the purpose of enabling them to lead an honest,
industrious and useful life;
(c) for the preparation
and submission of a report by the probation officer in respect of each child
prior to his discharge from a children’s home or special school, as the case
may be, regarding the necessity and nature of after-care of such child, the
period of such after-care, supervision thereof and for the submission of a
report by the probation officer on the progress of each such child;
(d) for the standards
and the nature of services to be maintained by such after-care organisations;
(e) for such other
matters as may be necessary for the purpose of effectively carrying out the
scheme of after-care programme of children.]
13. Production of neglected children before
Boards
(1) If any police
officer or any other person authorised by the Administrator in this behalf,
by general or special order, is of opinion that a person is apparently a
neglected child, such police officer or other person may take charge of that
person for bringing him before a Board.
(2) When information is
given to an officer-in-charge of a police station about any neglected child
found within the limits of such station, he shall enter in a book to be kept
for the purpose the substance of such information and take such action
thereon as he deems fit and if such officer does not propose to take charge
of the child, he shall forward a copy of the entry made to the Board.
(3) Every child taken
charge of under sub-section (1) shall be brought before the Board within a
period of twenty-four hours of such charge taken excluding the time
necessary for the journey from the place where the child had been taken
charge of to the Board.
(4) Every child taken
charge of under sub-section (1) shall, unless he is kept with his parent or
guardian, be sent to an observation home (but not to a police station or
jail) until he can be brought before a Board.
14. Special procedure to be followed when
neglected child has parent
(1) If a person, who in
the opinion of the police officer or the authorised person is a neglected
child, has a parent or guardian who has the actual charge of, or control
over, the child, the police officer or the authorised person may, instead of
taking charge of the child, make a report to the Board for initiating an
inquiry regarding that child.
(2) On receipt of a
report under sub-section (1), the Board may call upon the parent or guardian
to produce the child before it and to show cause why the child should not he
dealt with as a neglected child under the provisions of this Act and if it
appears to the Board that the child is likely to be removed from its
jurisdiction or to be concealed, it may immediately order his removal (if
necessary by issuing a search warrant for the immediate production of the
child) to an observation home 3[or a place of safety].
15. Inquiry by Board regarding neglected
children
(1) When a person
alleged to be a neglected child is produced before a Board, it shall examine
the police officer or the authorised person who brought the child or made
the report and record the substance of such examination and hold the inquiry
in the prescribed manner and may make such orders in relation to the child
as it may deem fit.
(2) Where a Board is
satisfied on inquiry that a child is a neglected child and that it is
expedient so to deal with him, the Board may make an order directing the
child to be sent to a children's home for the period until he ceases to be a
child:
Provided that the Board
may, for reasons to be recorded, extend the period of such stay, but in no
case the period of stay shall extend beyond the time when the child attains
the age of eighteen years, in the case of a boy, or twenty years, in the
case of a girl :
Provided further that
the Board may, if it is satisfied that having regard to the circumstances of
the case it is expedient so to do, for reasons to be recorded, reduce the
period of stay to such period as it thinks fit.
(3) During the pendency
of any inquiry regarding a child, the child shall, unless he is kept with
his parent or guardian, be sent to an observation home, 3[or a
place of safety] for such period as may be specified in the order of the
Board:
Provided that no child
shall be kept with his parent or guardian if, in the opinion of the Board,
such parent or guardian is until 3[or unable] to exercise or does
not exercise proper care and control over the child
16. Power to commit neglected child to
suitable custody
(1) If the Board so
thinks fit, it may, instead of making an order under sub-section (2) of
section 15 for sending the child to a children’s home, make an order placing
the child under the care of a parent, guardian or other fit person , on such
parent, guardian or fit person executing a bond with or without surety to be
responsible for the good behaviour and well-being of the child and for the
observance of such conditions as the Board may think fit to impose.
(2) At the time of
making an order under sub-section (1) or at any time subsequently, the Board
may, in addition, make an order that the child be placed under supervision
for any period not exceeding three years in the first instance.
(3) Notwithstanding
anything contained in sub-section (1) or sub-section (2), if at any time it
appears to the Board, on receiving a report from the probation officer or
otherwise, that there has been a breach of any of the conditions imposed by
it in respect of the child, it may, after making such inquiry as it deems
fit, order the child to be sent to a children’s home.
17. Uncontrollable children
Where a parent or guardian
of a child complains to the Board that he is not able to exercise proper
care and control over the child and the Board is satisfied on inquiry that
proceedings under this Act should be initiated regarding the child, it may
send the child to an observation home 3[or a place of safety] and
make such further inquiry as it may deem fit and the provisions of section
15 and section 16 shall, as far as may be, apply to such proceedings.
CHAPTER IV :
DELINQUENT CHILDREN
18. Bail and custody of children
(1) When any person
accused of a bailable or non-bailable offence and apparently a child is
arrested or detained or appears or is brought before a children’s court,
such person shall, notwithstanding anything contained in the 5[Code
of Criminal Procedure, 1973], or in any other law for the time being in
force, be released on bail with or without surety but he shall not be so
released if there appear reasonable grounds for believing that the release
is likely to bring him into association with any reputed criminal or expose
him to moral danger or that his release would defeat the ends of justice.
(2) When such person
having been arrested is not released on bail under sub-section (1) by the
officer-in-charge of the police station, such officer shall cause him to be
kept in an observation home 3[or a place of safety] in the
prescribed manner (but not in a police station or jail) until be can be
brought before a children's court.
(3) When such person is
not released on bail under sub-section (1) by the children's court, it shall
instead of committing him to prison, make an order sending him to an
observation home 3[or a place of safety] for such period during
the pendency of the inquiry regarding him as may be specified in the order.
19. Information to parent or guardian or
probation officer
Where a child is arrested,
the officer-in-charge of the police station to which the child is brought
shall, as soon as may be after the arrest, inform-
(a) the parent or
guardian of the child, if he can be found, of such arrest and direct him to
be present at the children’s court before which the child will appear; and
(b) the probation
officer of such arrest in order to enable him to obtain information
regarding the antecedents and family history of the child and other material
circumstances likely to be of assistance to the children's court for making
the inquiry
20. Inquiry by children’s court regarding
delinquent children
Where a child having been
charged with an offence appears or is produced before a children's court,
the children's court shall hold the inquiry in accordance with the
provisions of section 39 and may, subject to the provisions of this Act,
make such order in relation to the child as it deems fit.
21. Orders that may be passed regarding
delinquent children
(1) Where a children's
court is satisfied on inquiry that a child has committed an offence, then,
notwithstanding anything to the contrary contained in any other law for the
time being in force, the children's court may, if it so thinks fit,-
(a) allow the child
to go home after advice or admonition;
(b) direct the child
to be released on probation of good conduct and placed under the care of any
parent, guardian or other fit person on such parent, guardian or other fit
person executing a bond, with or without surety as that court may require,
for the good behaviour and well-being of the child for any period not
exceeding three years;
(c) make an order
directing the child to be sent to a special school,-
(i) in the case
of a boy over fourteen years of age or of a girl over sixteen years of age,
for a period of not less than three years;
(ii) in the case
of any other child, for the period until he ceases to be a child:
Provided that the
children's court may, if it is satisfied that having regard to the nature of
the offence and the circumstances of the case it is expedient so to do, for
reasons to be recorded, reduce the period of stay to such period as it
thinks fit:
Provided further that
the children's court may, for reasons to be recorded, extend the period of
such stay, but in no case the period of stay shall extend beyond the time
when the child attains the age of eighteen years, in the case of a boy, or
twenty years, in the case of a girl;
(d) order the child
to pay a fine if he is over fourteen years of age and earns money.
(2) Where an order under
clause (b) or clause (d) of sub-section (1) is made, the children’s court
may, if it is of opinion that in the interests of the child and of the
public it is expedient so to do, in addition make an order that the
delinquent child shall remain under the supervision of a probation officer
named in the order during such period, not exceeding three years, as may be
specified therein, and may in such supervision order impose such conditions
as it deems necessary for the due supervision of the delinquent child:
Provided that if at any
time afterwards it appears to the children's court on receiving a report
from the probation officer or otherwise, that the delinquent child has not
been of good behaviour during the period of supervision, it may, after
making such inquiry as it deems fit, order the delinquent child to be sent
to a special school.
(3) The children’s court
making a supervision order under sub-section (2) shall explain to the child
and the parent, guardian or other fit person, as the case may be, under
whose care the child has been placed, the terms and condition of the order
and shall forthwith furnish one copy of the supervision order to the child,
the parent, guardian or other fit person, as the case may be, the sureties,
if any, and the probation officer.
(4) In determining the
special school, or any person to whose custody a child is to be committed or
entrusted under this Act, the court shall pay due regard to the religious
denomination of the child to ensure that religious instruction contrary to
the religious persuasion of the child is not imparted to him.
22. Orders
that may not be passed against delinquent children
(1) Notwithstanding
anything to the contrary contained in any other law for the time being in
force, no delinquent child shall be sentenced to death or imprisonment, or
committed to prison in default of payment of fine or in furnishing security:
Provided that where a
child who has attained the age of fourteen years has committed an offence
and the children's court is satisfied that the offence committed is of so
serious a nature or that his conduct and behaviour have been such that it
would not be in his interest or in the interest of other children in a
special school to send him to such special school and that none of the other
measures provided under this Act is suitable or sufficient, the children's
court may order the delinquent child to be kept in safe custody in such
place and manner as it thinks fit and shall report the case for the orders
of the Administrator.
(2) On receipt of a
report from a children's court under sub-section (1), the Administrator may
make such arrangement in respect of the child as he deems proper and may
order such delinquent child to be detained at such place and on such
conditions as he thinks fit:
Provided that the period
of detention so ordered shall not exceed the maximum period of imprisonment
to which the child could have been sentenced for the offence committed.
23. Proceeding under Chapter VIII of the
Criminal Procedure Code not competent against child
Notwithstanding anything to
the contrary contained in the 5[Code of Criminal Procedure,
1973], no proceeding shall be instituted and no order shall be passed
against a child under Chapter VIII of the said Code.
24. No joint trial of child and person not
a child
(1) Notwithstanding
anything contained in 12[section 223 of the Code of Criminal
Procedure, 1973] or in any other law for the time being in force, no child
shall be charged with or tried for, any offence together with a person who
is not a child.
(2) If a child is
accused of an offence for which under 12[section 223 of the Code
of Criminal Procedure, 1973] or any other law for the time being in force,
such child and any person who is not a child would, but for the prohibition
contained in sub-section (1), have been charged and tried together, the
court taking cognizance of that offence shall direct separate trials of the
child and the other person.
25. Removal of disqualification attaching
to conviction
Notwithstanding anything
contained in any other law, a child who has committed an offence and has
been dealt with under the provisions of this Act shall not suffer
disqualification, if any, attaching to a conviction of an offence under such
law.
26. Special provision in respect of pending
cases
Notwithstanding anything
contained in this Act, all proceedings in respect of a child pending in any
court in any area on the date on which this Act comes into force in that
area, shall be continued in that court as if this Act had not been passed
and if the court finds that the child has committed an offence, it shall
record such finding and, instead of passing any sentence in respect of the
child, forward the child to the children's court which shall pass orders in
respect of that child in accordance with the provisions of this Act as if it
had been satisfied on inquiry under this Act that the child has committed
the offence.
27. Sittings, etc., of Boards and
children’s courts
(1) A Board or a
children's court shall hold its sittings at such place, on such day and in
such manner, as may be prescribed.
(2) A magistrate
empowered to exercise the powers of a Board or, as the case may be, a
children's court under sub-section (2) of section 7 shall, while holding any
inquiry regarding a child under this Act, as far as practicable, sit in a
building or room different from that in which the ordinary sittings of civil
and criminal courts are held, or on different days or at times different
from those at which the ordinary sittings of such courts are held.
28. Persons who may be present before
competent authority
(1) Save as provided in
this Act, no person shall be present at any sitting of a competent
authority, except-
(a) any officer of
the competent authority, or
(b) the parties to
the inquiry before the competent authority, the parent or guardian of the
child and other persons directly concerned in the inquiry including police
officers 3[and legal practitioners], and
(c) such other
persons as the competent authority may permit to be present.
(2) Notwithstanding
anything contained in sub-section (1), if at any stage during an inquiry, a
competent authority considers it to be expedient in the interest of the
child or on grounds of decency or morality that any person including the
police officers, legal practitioners, the parent, guardian or the child
himself should withdraw, the competent authority may give such direction,
and if any person refuses to comply with such direction, the competent
authority may have him removed and may, for this purpose, cause to be used
such force as may be necessary.
13[(3)
No legal practitioner shall be entitled to appear before a Board in any case
or proceeding before it, except with the special permission of that Board.]
29. Attendance of parent or guardian of
child
Any competent authority
before which a child is brought under any of the provisions of this Act may,
whenever it so thinks fit, require any parent or guardian having the actual
charge of, or control over, the child to be present at any proceeding in
respect of the child.
30. Dispensing with attendance of child
If, at any stage during the
course of an inquiry, a competent authority is satisfied that the attendance
of the child is not essential for the purpose of the inquiry, the competent
authority may dispense with his attendance and proceed with the inquiry in
the absence of the child.
31. Committal to approved place of child
suffering from dangerous disease and its future disposal
(1) When a child who has
been brought before a competent authority under this Act is found to be
suffering from a disease requiring prolonged medical treatment or physical
or mental complaint that will respond to treatment, the competent authority
may send the child to any place recognised to be an approved place in
accordance with the rules made under this Act for such period as it may
think necessary for the required treatment.
(2) Where a child is
found to be suffering from leprosy or is of unsound mind, he shall be dealt
with under the provisions of the Lepers Act, 1898 or the Indian Lunacy Act,
1912, as the case may be.
(3) Where a competent
authority has taken action under sub-section (1) in the case of a child
suffering from an infectious or contagious disease, the competent authority
before restoring the said child to his partner in marriage, if there has
been such, or to the guardian, as the case may be, shall where it is
satisfied that such action will be in the interest of the said child call
upon his partner in marriage or the guardian, as the case may be, to satisfy
the court by submitting to medical examination that such partner or guardian
will not re-infect the child in respect of whom the order has been passed.
32. Presumption and determination of age
(1) Where it appears to
a competent authority that a person brought before it under any of the
provisions of this Act (otherwise than for the purpose of giving evidence)
is a child, the competent authority shall make due inquiry as to the age of
that person and for that purpose shall take such evidence as may be
necessary and shall record a finding whether the person is a child or not,
stating his age as nearly as may be.
(2) No order of a
competent authority shall be deemed to have become invalid merely by any
subsequent proof that the person in respect of whom the order has been made
is not a child, and the age recorded by the competent authority to be the
age of the person so brought before it shall, for the purposes of this Act,
be deemed to be the true age of that person.
33. Circumstances to be taken into
consideration in making orders under the Act
In making any order in
respect of a child under this Act, a competent authority shall take into
consideration the following circumstances, namely :-
(a) the age of the
child;
(b) the circumstances in
which the child is living;
(c) the reports made by
the probation officer;
(d) the religious
persuasion of the child;
(e) such other
circumstances as may, in the opinion of the competent authority, require to
be taken into consideration in the interests of the child:
Provided that in the
case of a delinquent child, the above circumstances shall be taken into
consideration after the children’s court has recorded a finding against the
child that he has committed the offence :
Provided further that if
no report of the probation officer is received within ten weeks of his being
informed under section 19, it shall be open to the children's court to
proceed without it.
34. Sending a child outside jurisdiction
In the case of a neglected
or delinquent child whose ordinary place of residence lies outside the
jurisdiction of the competent authority before which he is brought, the
competent authority may, if satisfied after due inquiry that it is expedient
so to do, send the child back to a relative or other person who is fit and
willing to receive him at his ordinary place of residence and exercise
proper care and control over him, notwithstanding that such place of
residence is outside the jurisdiction of the competent authority; and the
competent authority exercising jurisdiction over the place to which the
child is sent shall in respect of any matter arising subsequently have the
same powers in relation to the child as if the original order had been
passed by itself.
35. Reports to be treated as confidential
The report of the probation
officer or any circumstance considered by the competent authority under
section 33 shall be treated as confidential:
Provided that the competent
authority may, if it so thinks fit, communicate the substance thereof to the
child or his parent or guardian and may give such child, parent or guardian
an opportunity of producing such evidence as may be relevant to the matter
stated in the report.
36.
Prohibition of publication of names, etc., of children involved in any
proceeding under the Act
(1) No report in any
newspaper, magazine or news sheet of any inquiry regarding a child under
this Act shall disclose the name, address or school or any other particulars
calculated to lead to the identification of the child, nor shall any picture
of any such child be published:
Provided that for
reasons to be recorded in writing, the authority holding the inquiry may
permit such disclosure, if in its opinion such disclosure is in the interest
of the child.
(2) Any person
contravening the provisions of sub-section (1) shall be punishable with fine
which may extend to one thousand rupees.
37. Appeals
(1) Subject to the
provisions of this section, any person aggrieved by an order made by a
competent authority under this Act may, within thirty days from the date of
such order, prefer an appeal to the court of session:
Provided that the court
of session may entertain the appeal after the expiry of the said period of
thirty days if it is satisfied that the appellant was prevented by
sufficient cause from filing the appeal in time.
(2) No appeal shall lie
from-
(a) any order of
acquittal made by the children's court in respect of a child alleged to have
committed an offence; or
(b) any order made
by a Board in respect of a finding that a person is not a neglected child.
(3) No second appeal
shall lie from any order of the court of session passed in appeal under this
section.
38. Revision
The High Court may, at any
time, either of its own motion or on an application received in this behalf,
call for the record of any proceeding in which any competent authority or
court of session has passed an order for the purpose of satisfying itself as
to the legality or propriety of any such order and may pass such order in
relation thereto as it thinks fit:
Provided that the High Court
shall not pass an order under this section prejudicial to any person without
giving him a reasonable opportunity of being heard.
39. Procedure in inquiries, appeals and
revision proceedings
(1) Save as otherwise
expressly provided by this Act, a competent authority while holding any
inquiry under any of the provisions of this Act, shall follow such procedure
as may be prescribed and subject thereto, shall follow, as far as may be,
the procedure laid down in the 5[Code of Criminal Procedure,
1973], for trials in summons cases.
(2) Save as otherwise
expressly provided by or under this Act, the procedure to be followed in
hearing appeals or revision proceedings under this Act shall be, as far as
practicable, in accordance with the provisions of the 5[Code of
Criminal Procedure, 1973].
40. Power to amend orders
(1) Without prejudice to
the provisions for appeal and revision under this Act, any competent
authority may, either on its own motion or on an application received in
this behalf, amend any order as to the institution to which a child is to be
sent or as to the person under whose care or supervision a child is to be
placed under this Act.
(2) Clerical mistakes in
orders passed by a competent authority or errors arising therein from any
accidental slip or omission may, at any time, be corrected by the competent
authority either on its own motion or on an application received in this
behalf.
Lawyers in India, Bare acts, Law firms in india.legal advice & leagl help, Indian lawyers directory
Water (prevention And Control Of Pollution) Act, 1974 Indian Forest Act, 1927 Indian Divorce Act, 1869 Industries (development And Regulation) Act, 1951 Hindu Adoptions And Maintenance Act, 1956 The Foreign Marriage Act, 1969 Air (prevention And Control Of Pollution) Rules, 1982 Air (prevention And Control Of Pollution) Act, 1981 The Arms Act, 1959 Sick Industrial Companies (special Provisions) Act, 1985 The Special Marriage Act
The Constitution Of India
The Merchant Shipping Act, 1958 Cyber Regulations Appellate Tribunal (procedure) Rules, 2000 Multimodal Transportation Of Goods Act, 1993 Sale Of Goods Act, 1930 Hindu Succession Act, 1956 Foreign Contribution (regulation) Act, 1976 Hindu Marriage Act, 1955 Prevention Of Cruelty To Animals Act, 1960 The Delhi Co-operative Societies Act, 1972 The Family Courts Act, 1984 Environment (protection) Act, 1986
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