The Manipur Children Act, 1978

2 , : 1H} w‘ M;, . Act NO...:ii..:..j.. ,_- 3 j g: ?3 3; X Date of Assent .tniqz..ig' _ ”‘ ' . ‘ Date of Publication "$75; / ,3 r; .3‘ nun” 1" 3W /‘ THE MANIPUR- CHILDREN’ BHSL, 1978 (As passed by the Legislative Assembly, Manipur on 30-6-78) An WAW‘ to modify the law for the care, protection, treatment, maintenance, training, education and rehabilitation of neglected or delinquent children and for the trial of delinquent children in the State of Manipur. BE it enacted by the Legislative Assembly of Manipu'r in the TWenty scventh year of the Republic of India as follows : l. (1) This Act may be called the Manipur Children Act, 1978. (2) It extends to the whole of the State of Manipur. 3 (3) It shall come into force on such date as the State Government may, by notification in the official Gazette, appoint. and difl‘erent dates may be appointed for different provisions of this Act and for difi‘erent areas of the State. Short title, extend and commence- ment. Definition. 2, In (a) (i) 2 this Act, unless there is anything r‘epuenant in the subject or context :— “Begging” means soliciting or receiving alms in a public place or entering on any private premises for the purpose of soliciting or receiVing‘ aims, whether under the pretence of singing, dancing, fortune- teliing, performing tricks or selling articles or otherwise; (ii) V eXbbsihg or exhibiting, with the object of obtaining or extorting (iii) (19) (c) (d) (c) “(0' (g), (h) alms, any sore, would, injury, deformity or disease, whether of himself or of any other person or of an animal; allowing oneself to be used as an exhibit for the purpose of soliciting or receiving alms; “Brothel”, “prostitute” “prostitution” and “public place" shall have the meanings respectively aséignéd to them in the Suppres- sion of Immoral Traffic in Women 'and Girls Act, 1956 (104 of 1956); “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; “Children’s Home” means an institution established as such by the state Government under section 26; “Chart; rh'eansl a Juthilc V Cofirtl'eétabii‘s'hed“ ufider'i‘fs'éct‘iéh 54 of this Act; ‘I‘fiaiigéi-‘Ous'dr'ligf’ __'"s'ha11 have [the l’meiiiiingr léé‘si‘g‘r'ied""to‘ it in the Dangerous Driigs Act"1930 (2"“or 1930); i‘vlnsqtitutigni’ means .a Children’s home, Special School or; remand home; ’ “Deiin'quent _chi!d” means any chitd ' who" hasmbeen “flouhd to have bemmitted and étfiehce; ., ' "‘Fit person’Vmeans 'a person considered fit and apfih‘intcd as such by the juvenile Court for custody of a‘child o'r a_délinquent child, who undertakes to bring up or to give facilities for. bringing up any child or delinquent child entrusted to his care in conformity with the religion of his birth; qt (k) (l) ({1}) (n) (0) £9) “Giiargiiap” .inreiatioh to a child‘or delinquent child inciudes an)? petsbn who, in. the opinion ofthe court having 'cognizance of any proceedings in relation to the rfiiid or deiinqiieht- ébild or in which the child or 'delinqiicnt chiici is concerned, has for the time being the actual charge at or control over the child or delin- quent ' child; “Neglected child” metns a ch‘ld who— (i). is foundvh begging or. (ii) is found without having any home, settled p'ace rf abode or any ostensible means of subsistence 'or is found destitute, whether he is an orphan or' not; or ' (iii) has apareat or guardian who is unfit to exercise or does not eXercise proper care and control over the child; or " any piacefiusedi for the purpose of prostitution, or is found to associate with any prostitute or any other pe'r’son who leads an; ithnioi-a], drunken or depraved life; (iv) lives in brothei or with aprostitute or frequently goes to (y)__ frequents the company of any reputed thief or 'criminal or I is 'oth'erwise likely to fall into bad‘ association 'or to be exposed to moral danger or to enter upon a life of crime: “Place of safety” includes a remand home or children’s home I or any other suitable place or institution, or any orphanage, the occupier or manager of which is willing temporarily to receive a child. " ‘ “Prescribed” means prescribed by rules made under this Act; “Probation Offieet” tneans an oifiuer appointed as a probation ofiicet hhder sectibn 30 of'this Act or under the Pro‘bation'of‘ Ofl‘ender: §ct,'_1958 (20 of 1958); ' s‘Rcmand home’s means any institution or place established or [Ecogni‘sed by the State Government‘ under this Act for the .gméBi-hfy reeeption -of~Childr§n during the pendency of any ifiqfiii'y undet this Act; " ' - A , "'Jy:;,‘,4_ u, :_. ~; . w . ifgoeigty” me??? Ebody 0” 455°ciati°ll 0f individuals7 whether ~1'3t1';!;. incorporateii' or not; Production of neglec- ted children before juve- nile courts. 4 (q) “Special School” means an institution estabiished by the State Government under section 25; (1') “Street" includes any highway, public Bridge, road,1ane,foot - path, square, court aiiey or passage, whether athoroughfare or not ; (s) “Supervision” means the placing of a child under the control of a probation officer or other person for the purpose of securing proper care and protection 0f the child by his parent, e care the guardian, relation 01' any other fit person to whos child has been committed. The expression “supervision order” shah be construed accordingly ; (t) “State Government” means the Government of the State of Manipur ; (11) “Visitor” means a person appointed by the State Government for a specified period for periodical inspection of the instituions and submission bf report; (v) All words and expressions used but not defind in this Act and defined in the Code pf Criminal Procedure, 1973 (2 of 1974‘, shall have the meanings assigned to them in that Code. PART II NEGLECTED CfllLDREN V. o - 3. {1) If any police officer or any other person authorised by at in this behalf, by general or special order, is of the State Governnse , tested ‘chiid, such police officer, ' opinion that a person is apparently a neg take charge of that petson for bringing him: or other person, may V before a V juvenile court. ' (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 bookto be keptfor the purpose; the sub-3 ~stantie of such information and take such action thereon~ as he deems 5 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 juvenile court. (3) Every child taken charge ‘of under sub-section (1) shall be brought before the juvenile court within a period of twenty fbnr 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 juvenile ‘court. (4) Every child taken charge of nude: sub-section (1) shall, unless he is_ kept with his parent or guardian, be sent to a remand home (but not a police station or jai1)unti1 he can be brought before a juvenile court. 3 4.’ (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 juVenile court for initiating an inquiry regarding that child. (2) ‘ On receipt of a report under sub-section (1), the juvenile court may call upon the parent or guardian to produce »the child before it and to show cause why the child should not be dealt with as a neglected child under the provisions of the Act and if it appears to the juvenile court 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 a remand home. 5. (1) When a person alleged to be a neglected of child is pro- duced before a juvenile court, it shall examine the police oflicer 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 manifir and may make such orders in relation to the child as it deems fit. , (2) Where a juvenile court is satisfied on inquiry that a child is a neg‘iected child and that it is expedient so to deal with him, the juvenile court, 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 juvenile 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 twenty years ; , Provided that the juvenile court may, if it is satisfied that having regard tothe 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 a remand home for such period as may be Specified in the order of the juvenile court. Special pro- cedure to be followed when neglec- ted child has parent. Inquiry by juvenile court regar- ding neglec- ted children. Power to commit neglected child to suitable custody. Uncontrol— lable children. Sending of child having place of residence outside the Jurisdiction of Coun. Interim order by mutt. Punishment for cruelty to children s 6 Provided that no Child shall be kept with; his parent o_r guardian: if, in the opinion of the juvenile court, such, parent or guardfiahjg unfit to exercise or does not exercise proper care and control'bvcftht child. 6. (1) if the juvenile court so thinks fit, it may, instead 0: making an order under sub-section (2) of:section 5 for) sending thf: child to a children’s home, make an order placing the child underth: care of a parent, guardian or other fit person, on such pareng? guardian or other fit person executing a bond with or without suriti to be responsible for the good behaviour and well being of the, chi! and for the observance of SuCh conditions as the juvenile court ma think fit to impose. (2) At the time of making an order under sub-section (1) or V any time subsequently, the juvenile court may, in addition, make . " order that the child be placed under supervision for any period no exceeding, three years in the first instance. " ' (3) Notwithstanding anything contained in sub-section (1) orsu section (2), if at any time it appears to the juvenile court, on receivin: a report from the Probation Officer or otherwise, that there has bee. a breach of any of the conditions imposed by it in respect of the; chiio. it may, after making such inquiry as it deems fit, order the child “ti be sent to a children’s home. ' " 7. Where a parent or guardian of a child complains to the juv ‘ nile court that he is not able to exercise proper care and control ov‘c' the child and the juvenile court is satisfied on inquiry that proceedin_ under this Act should be initiated regarding the child, it may sen the child toja remand home and make such further inquiry as it ma deem fit and the provisions of sections 5 and 6 shall, as far as may n apply to such proceedings. ' 8. In the case of child whose original place of residence lie: outside the jurisdiction of the court before which .Lt is brought, thd court may, if satisfied after due inquiry that it is expedient so'to do send the child back to a relative or a fit person wiiliii to receive him and exercise proper care and control over him. 9. Where at any stage of a proceeding under this part the coat so considers it expedient in the interest of the child, it may mak: such interim order as it thinks fit for the detention or continue- detention of the child in a place of safety, or for his committ to the care of a fit person who is willing to take care of "him. I; PART III SPECIAL OFFENCES IN RESPECT OF CHILDREN ' 10. (1) Whoever having the actual charge of or control ov_ a child abandons, exposes or wilfully neglects, or i'll-tl‘tijli.s o assaults suCh child in a manner likely to cause such child unneees .: suffering or injury to his health shall be punishable With impriso meat of either description for a term which may extend to six mont or with fine which may extend to two hundred rupees or with both; 7 '(2) For the purposes of this section injury to‘ health includes injury to, or loss of, sight or hearing and injury to limb or organ of the body. and any mental derangement and a parent or other person legally liable to maintain a child shall be deemed to have neglected him in' a manner likely to cause injury to his health if he wilfully fails to provide adequate food, clothing, medical aid orlodging for the' Child. (3) A person may be convicted of an offence under this section notwithstanding that actual suffering injury to health was obviated by the action of another person. (4), Nothing in this section shall be construed to take away or efifect the right of any parent, teacher or other pCI'SOnS having the lawful cpntrbl or charge of a chiid to administer punishment to such child. , 11._’(1)11Whoever for his own profit causes any child having thefacttiai charge of 'or control over a child allows that child to be in any‘st'r'e'et, premises or place for the‘pur’pose of begging 'or receiving arms, shall be punishable with imprisonment of either description‘for a term which may extend to one year or with fine which may extend ’ to five hundred rupees or with both. (2) The State Government may, by notification in the oflicial Qazet‘tehexempt from liability to punishment under this section any glass of persons in any district or place where this Act may be in operation. 12. If any per'son is found drunk in’any public street or other public place whether a building or not while having the charge of a child apparently under the age of seven years and if such person is incapable by reason of his drunkenness of taking due care of the child, he may be arrested and shah, if the child is under that age be punishable with fine which may extend to fifty rupees. " I3. 'Wh'oever'in any public street or other public place, whether a building or not causes to be given to any child any intoxicating drug or liquor ‘e’Xcept upon the order of a duly qualified medical practitioner, or in case of sickneSS or other urgent cause, shall be punishable with fine, 'which may extend to fifty Tupees. ‘ “14., It shall be the duty of a police officer to seize any bidies, cigaretteS, tobacco or smoking mixture in the possession of a child whom he finds smoking in any street or public place and any bidies, cigarettes,4tobac.cooi' smoking mixture so seized shall be forfeited to the” State Government and every such police officer shall be authorised seareh“flany Child so ’foundsm'oking but no girl shall be so searched e'iz’cc’pt” by a 'female ofi‘icer. twins... Whoever takes an article on pawn from a child whether Qfiegedi by that child on his own behalf or on behalf of any other 99331931 §hfiail'he punishabie with imprisonment of either description for a term which may «extend to rone month or with fine which may extend to one hundred rupees or with both. Causing or a110wing child to beg. Penalty for being drunk while in— charge of a child. Penalty for giving in- toxicating drug or ii- qnor to a child. Seizure by police officer of any bidies. Cigarettes, tobacco or smoking mixture in possession of child. Penalty for taking pawn from a ’child. Allowing child to re- side in fre- quent to brothel. Causing or encoura- ging seduc« tio_n, etc. , Girls expo- led to risk of seduction etc. or cru~ elty treated. Seduction or outrage of modesty. Exploitation of child em- ployees. Detention of child in place of safety. this Act or under Chapter XVI of the Indian Penal Code, 1860;; 8 16. Whoever having the actual charge of or control over, child between the age of four and eighteen allows or- permits that child to reside in or frequent a brothel shall be punishable with imprisonment of either description for a term which may extend to two years or with fine which may extend to one thousand rupees or with both. 17. (1) Whoever having the actual Charge of, or control over, a; girl, under the age of eighteen years causes or encourages the seduction: (which shall include inducement to indulge in immoral behaviour) 01"; prostitution of that girls or causes or encourage any one other than he t husband provided his wife has attained the age of fourteen years t ' have sexual intercourse with her shall, on conviction be punished with V imprisonment of either description for a term which may extend to two yeaths’ or With fine which may extend to one thousand rupees or wit b0 . / ' i (2) For- the purposes of this section a person shall be deeme to have caused or encouraged the seduction. of a girl or to have induce E her to behave immorally if he has knowingly allowed the girl to conso " With, or to enter or continue in the employment of, any prostitute, or person of known immoral character. 18. If it appears to a court on the complaint of any person that a girl under the age of eighteen is being treated with .cruelty by heifl parent or guardian or that such girl with or without the knowledge; of her parent or guardian is exposed to the risk of seduction or prosti-‘f tution or of living a life of prostitution the Court may direct the‘ parent or guardian to enter for a specific period into a recogizance to exercise due care and supervision in respect of such girl. 19. Whoever seduces or indulges in immoral behaviour With a girl under the age of eighteen years shall, on conviction, be punished, with imprisonment of either description for a term which may extend to two years or With fine Which may extend to one thousand rupees or with both. ' 20. (1) Whoever secures a child extensively for the purpose of menial employment or for labour in a factory or other establishment, , but in fact exploits the child for his own ends, withholds 01' lives on his savings, shall on conviction, be punished With fine which may: extend to one thousand rupees. 2 (2) Whoever secure a child for any of the purposes mentionedif in sub-section (1), and exposes such child to the risk of seduction,?1 be punished with imprisonment of either description for a term- which‘; may extend to two years or with fine which may extend to one thousan rupees or with both. « ‘ ; (3) Any person who knowingly avails himself of the labou‘: of a child exploited in the manner referred to in sub-section (1 or (2) or for whose immoral gratification such child is used shall be liable as an abetter. ii 21. (1) Any Police Officer, not below the rank of Sub—Inspecto ‘ or a. person authorised in the manner prescribed may take to a place" of safety any child in respect of Whom an ofl‘ence punishable under; ha: been or there is reason to believe has been or is likely to b i: 9 / (2) A child so taken to a place of safety and, also any child who seeks refuge in a place of safety may be detained there until he can be brought before the Court, but such ‘ detention shall not, in the absence of a special order of the court, exceed a period of twenty-four hours exclusive of the time necessary for the journey from the place of detention to the court and the court may make such order as mentioned in Sub-section (3) or may cause the child to be dealt with as circumStances may admit and require until the} charge made against any person in respect of any offence as aforesaid with regard to the child has been determined by the conviction, discharge or acquittal of such person. (3) Whexe it appears to the court that .an offence as aforesaid has been or is likely to be committed in respect of any child who is brought before the court and thatit is expedient in the'interests of the» child that an order should be made under this sub-section, the court may make such order as may be deemed necessary for the care and detention of the chiid for a reasonabte time under this Act during the pendency of the enquiry. ‘ 22. (1) Where any person having the actual charge of or control over a child has been:—- . (a) convicted of committing in respect of such child an ofi‘ence punishable under this Act or under Chapter XVI of the Indian Penal Code, 1860, or ' (b) committed“ for trial for any such offence; or (c) bound over to keep the peace towards such child by any court, that Court may either at the time when the person is so convicted or committed for trial on bound 'over or at any - . other time, order that the child be taken out -of the charge and control of the person so convicted, committed for trial or bound over and be committed to the care of a relative of the child or other fit person named by the court (such , relative or other person being willing to undertake such care) until he attains the age of eighteen years or for any shorter period and that court or any court of like jurisdiction may, of its own motion or on the application of any person from time to time by order amend, vary and revoke any such order. (2) The court which makes an order committing a child to the care' of a relative or other fit person under this section may require such relative or other person to execute a bond, with or" without suretieS, to be reSponsible for the good behaviour of the child and for the observance of such other conditions as the court may impose for securing that the child may lead an honest and industrious life and in addition orderthat the child be placed under the supervision of person named by the court. (3) If the child has a parent or legal guardian no. order shall be made under this section unless. _ (i) the parent or legal guardian has been convicted of oncom- mitteci for trial for the iofi‘ence or has been bound over to keep the peace towards the child 011 cannot be found, or,‘ Disposal of child by or- der of Court. Warrant to wch for child iil-trea- Id. 10 2 (1‘1)- the court has reason to believe that the parent or legal guardiani has either been party or privy to the ci‘fence or has by any actor ormssxon faczhtrized the ofl‘ence or is otherwise unfit :to have the care of the child. Provided that if» the court thinks. fit, it may, ()1 vxhere such parent 0 n .grtlzt'diangives an undertaking with 0: without snreties iu aprescribed. foam to the court allow such chiid to remain in the custody of sug: patent or..guatdian subject to the supervision of a person namedhyj thecourt. ‘ (4) Every order under this section shall *be-in writing and an f snehaqrderr may be made by thecourt in the absence of the child an theconsent o’i-any person to, undertake. the care of the child in. pnrsuanc. I ofaany such order .shall be. taken insuchmanner as the Court ma" think sufficient to bindehim. ’ ’ ' (i) Whereaa order is made under this section and the convictio f_ ‘or‘ order binding-the ‘pexson to keen the peace is set aside or th' person is acquitted, the order shall fozthwith be void except withregar ., itgaanythipg thatmay .have been tlawt'ulty done under it. (6) The court, instead of ordering the child to be committed t thecare of avrelative or other person. may orderthat .the child sham? bfimt-to- a special school or Children’s home. . 23. (I) If it appears to a magistrate duly empowered under thiai Act from information ,.on oath onsolemu affirmation laid by any perso *1 who in the opinion of the magistrate is aetiug in the interest of a Child; ‘tfi’at’there‘is reasonable cause to suspect that— ' .(a) the child has..been or is. being wilfully ill-treated 0r neglected in; any place within its jurisdiction in amannerlikely to cause? thevchiid unnecessary suffering or to be injurious 'to his. health; or ' (b) an offence punishable under this" Act or under Chapter XVI Of'the Indian Penal Code, 1860, has been 03' is being committed in -respect Of thechild ; ‘the Magistrate may issue asnmmon‘ in: the first instance against the; perenn' or-petsens in whose care, custody m- contro‘. such child is,§: ‘tQ;producet forthwith the said Child in court, or may is-aue awarrang; -anthorizin3_anyz Police Ofiicei‘ named, therein to search for such .chil .aad-mif it, is found that he’ has been or is being wilfully i!’-trea~te =02}, neglected in themanner aforesaid or that any offence as aforesai nhasbeen eris being committed in respect of the child to take hi1; deal and. .idetain him in a place of safety until he can he brough befiare the-mfigistrate, or authorizing any: Police Officer to remove th, child with or without search, to a place of safety and detain hi- there until he can be brought before the magistrate anti the magistrat ‘ tfe’fbrefiyh'om' the“ ewe. is? brought may cemmit him to the care 0 1 a relative or other fit person, in likemanner, as if, the person. in ths f_ M3931- contmlhewas, committedfor trial for an ofience punishabl 'r nudenthisrAet ; ‘ . , 11 Provided that if the said child is in the custac’y or control“ of a parent or guardian who being a, female does not accordiag’toa-the custom and manner of the country appear in pubhc, the magistrate shall ordinarily issue a summon and the person to whom such summon is issued shaii be deemed to have compiied with the summons if instead of personaHy attending in, court the causes the said child to be produced in court. (2) A magistrate isSuing a warrant under this section may in‘his discretion by the same warrant direct that any person accused of any offence in respect of any child be apprehended and brought before him, or direct that, if such person executes a bond With sufiicient sureties for his attendance before the magistrate 'at a specified time and thereafter until otherwise directed by the magistrate, the oflicer to-whom the warrant is directed shall take such security and shall release such person from custody. (3) The Police Officer executing the warrant shail be accompanied by the person laying the infurmation if such person so desires, and may also, if the magistrate by whom the warrant is iSsued so» directs, be accompanied by a duty qualified medical practitioner. (4) Inany information or warrant under this sectidn the name of the child shall be given if known. 24.- (i) If .in any case in which a complaint has been ma'de'b‘y any person under section 23 the magistrate after such ifiquiryas he deems necessazy is of oginion tint su'ch information was false and either frivolous or vexatious, may for reasons to be recpxjded in writing direct that Compensationftor such an amount not exceeding five hundred rupees: as he may degermine be paid by such‘informcl to the person against whom the information was laid. (2) Before ittaking any order for the payment of compensation, the magistrate shah cali upon the informer to show cause why he shd-xfld- not pay compensation and shall consider any cause Which 1"such informer may show. (3) The magistrate may by the order directing payment of the compensation fzuther order that in default of payment the person ordered! to pay such compensation shall suffer simple imprisonment for a period of thirty days. (4) When any person is imprisoned under sub-section (3) the provisions of sections £8 and 69 of the Indian Penal Code, 1860, shall, so far as may be, apply. ' » (5) No person who has been directed to pay compensation under this section shall by vitiuc of such order be exempted from any civil or criminal liability in respeCt of the information given by him but any amount paid as compensation shalt be taken into account in any subsequent civil suit relating to suCh matter (6) An informer who has been ordered to pay compensation exceeding fii‘ty rupees may appeal from the order as of such informer had been convicted on a trial held by the magistrate directing the payment of compensation. Compcma - tion for false and frivolous or vexatiows in formation. Special Schooi. Children’s home. Remand Homes. 12 (7) When an order for the payment of compensation is made in a case Which is a subject to appeal under sub—section (6) the compensation shall not be paid to the person ordered to receive it before the period allowed for the presentation of the appeal has elapsed or if an appeal is presented before the appeai has been decided and where such order is made in a case which is not subject to appeal the compensation shall not be paid before the expiration of one month from the date of the order. PART IV CHILDREN’S HOME REMAND HOMES, SPECIAL SCHOOLS AND OTHER INSTITUTIONS 25. (1) The State Government may estabiish and maintain as many Special schools as may be necessary for the reception of delinquen children under this Act. . ‘ (2) Every speciai/ school to which a delinquent child is sent under this Act shall provide the child With accemodation,maintenauce an facilities for education but also provide him with facilities for thy development of his character and abilities and give him necessar training for his reformation and shailaiso perform such other f1.1110tion§7 as may be prescribed. _ . - ‘ (3) The State Government may, by rules made under this Act: provide for the management of special schools, ,2 26. (1) The State Government may establish and maintain 3": many children’s homes as may be necessary for the reception 0; negiected children under this Act. ‘ (2) Every children’s home to which a neglec!ed child is sent unde7 this Act shall not. only provide the child with accomodation, mainteg nance, and facilities for education, but also provide him With facilitie ' for the development of his character and abilities and give him necessar training for protecting himself against moral~ dangers or exp‘toitatio; and shall also perform such other functions as may be prescribe x; (3) The State Government may, by rules made under this Aer: provide for the management of children’s homes. ‘: 27. (1) The State Government may establish and maintain many remand homes as may be necessary {or the temporary reset; tion of children during the pendency of any inquiry regarding the under this Act. _ ' (2) Every remand home to which achild is sent under thisA shall no: only provide the child with accomodation,maintenance an‘ faeilities for. medical examination and treatment, but also provide hij With facilities for useful occupation. . i (3) The State Government may, by rules made under this AM provide for the management of remand home. . ' I3 28. (_ 1) 'A committee shall be appointed by the State Government for the control and management of every special or children’s Home established under sub—section (1) of section 25 and sub-scction (1) of section 26. (2) A superintendent shall be appointed by the State Government for each special school or children’s home Who shall be the manager of the special school or children’s home for the purposes of this Act, under the control and supervision of the Committee. 29. (1) The State Government shall appoint a registeregl medical practitioner as a Medical Inspector for the purposes of this Act. (2) The Medical InSpeCto: may visit any Children’s Home, Special School, or any other institution established under this Act at any time with or without notice to its manager in crder to report to the Chief InsPector on the health of the inmates and the sanitary condition of the school or home. Provided that where any such school or. home is for the reception exclusive‘iy of girls, a male registered medical practitioner shall not Visit such home or‘school without giving previous notice to the manager thereof. 30.. The State Government may for the purposes of this Act ‘ appoint the following Officers :-—— (a) The Chief inspector of institutions. (b) Inspectors and Assistant Inspectors of institutions. (c) The. Probation Officer. (d) Such other otficers as ‘may be necessary. 31. It shall be the duty of ProbatiOn Officer: (a) to inquire, in accordance with the direction of a juvenile court, into the antecedents and family history of child accused of an offence, With a view to assist the court in making the inquiry ;_ (b) to visit neglected and delinquent children at such in- tervals as the probation ofiicer may think fit ; (c) to i'eport to the juvenile court as to the behaviour of any neglected or delinquent. ciiild ; ?(d) to advise and assist neglected or delinquent children and, if necessary, endeavour, to find them suitable employment ; (e) 'where a neglected or delinquent child is placed under the care of any person on certain conditions, to see whether such conditiOns are beng complied With ; and ' (f) to perform such other duties as may be prescribed. Management of Schools. J Medical Inspector. Appoin t- ment of Cfli— cers. Duties of probation Officex. Powers and duties'of Chief inspec~ tors and ins- pectors. Bail of Chil- dren arrested. Explanation. Custody of children not released on bail. his opinion is a sufficient and suitahie surety, enters into abond for! >14 32. (1) Powers and duties of the Chief-Inspectors, Inspector? and Assistant {hepectors of institutions shall he as those provide? under the provisions of this Act and the 111165 made thereun’di and in accordance with general or special order which the stat-t government or any officer authorised in this behaii may make to? the purpose of carrying out the provisions of this Act. ' (2) Every institution under the Act shall be liable to inSpectid‘ at all times and in all its departments by the Chief Inspector. In pector or Assistant Inspector and shall be. so inspected at tear ; once in every year. ‘K (3) The Chief—Inspector, inspector or Assistant Inspector shall 2830 have a right to visit any institution at any time. PART V DELINQUENT CHILDREN 33. {.13 When a person apparently under the age of eighteen year ‘1 is arrested for a non-baiiabie offence and cannot be bretight forthw‘it L, before a court, the officer in charge of the police station to whic f; such person is brought may in any case and shall unless the offence i"; one of culpable homicide or is an offence punishable with death: or transportation, release him on bail ?_f suficient security is forth-g coming unless, for reasons to be recorded in Writing, the officer believes,- that such releaSe would being him into asweiation with any reputed} criminal or expose him to moral danger or that his release would defeat: the ends of justice: ‘ Provided that Where a girl apgarenriy under the age of sixteeni year; is arrested the officer in charge of a police Station who has made the arreit or before whom the giri-is brought shall release»; her at once if any person Who is a relative of the girl or a societylz or institution of the same religious persuasion as the girl, who ini’ such sum of money as the officer considers suflicient to produce her before the court or to appear in’ her stead If required at the Police Station. (2) For the purpose _of this section the expression "relative” means parents, grand parents,brothers, Sisters, uncies, aunts and first? cousins. 34. (1) Where a person apparently under the age of eighteen years having been arrested is not released under section 33 or otherwise” the officer-in-charge of the police station or such other ofiicer who ha arrested him shall cause him to be kept in a remand heme in mi prescribed manner (but not in a poiice station or jail) until he ca be brought before a J uvenile court. (2) When Such person is not released on bail ufid’er section 33(1) by the Juvenile eourt, it shall, 'i'n'stead of committing him to prison, make an order sending him to a remand home For such period during the pendency of the inquiry regarding him as may be Specified in the order. ' 15 35. A court, on remanding or committing for trial a child who is not i'eleased on bail, shall order him to be detained in the presented manner. 36. Where a child is arrested, the ofiicer 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 Juvenile court before which the child Will appear ; and (b) the probation officer of such atreSt in order to enabie him to obtain information regarding the antecedents and family history of the child and other material circumstances likely to be of assistance to the J uvemie Court for making the inquiry. 37. (l) Where a child is charged with any offence or is brought before a court on an application for an order to send him to an special school,- his parent or guardian may, in any case, and shall if he can be found and resides within a reasonable distance, be required to attend at the court before which the case is heard during all the stages of the proceedings unleSS the court is satisfied that ,it would be unreasonable to require his attendance; (2) .Where a child is'arrested, the officer in—charge of the police station to which he is brought shall require the parent or guardian of the child if he can be found, to attend the court before which the child shall be produced ; (3) .The parent or guardian whose attendance shall be required under this section shall be the parent or guardian having the charge of or control over the child ; ' (4) The attendance or" the parent of a child shall not be required under this section in any case whete the child was, before the institution of‘the proceedings, removed from the custody or charge of his parent by an order of a court. (5) Nothing in this section shall be deemed to rectors the attendance of the mother or the female guardian of a thild if such mdther or female guardian does not according to custom, rippeilr in public, but any such mother .or female guardian may be represented ,by an advocate or a duly authorised agent. 38. (1) Notwithstanding anything to the contrary contained in any law, no court shall sentence a child to death or transportation or imotisonment, for any. term or commit him to prison in default of (payment of fine : ‘Provided that where a chiid who‘ has attained the age of tiourteen years has committed 'an offence and the Juvenile court is satisfied that the offence committed is of so serious at nature or that his conduct and behaviour have been such that it would not be: inmhis 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 State Government. (2): On receipt of a report from a children’s court under sub- section (1);»thev-State Government may make such arrangement in Remand or committal to custody. Information to parent or guardian or probation officer. Attendance in court of parent ‘ of chiid. S enience that may not”'be passed on child. 16 reapect of the child as he deems proper and may order such delin quent child to beadetained at such place and on such conditio: as it thinks fit: , 2 Provided that the period of detention so ordered- shall not exceei the maximum period of imprisonment to which the child could has“ No procw been sentenced for the offence committed. , ding under 39. Notwithstanding anything contained in the Code of Crimin Chapter VI‘I Procedure, 1973 ( 2 of 1974)‘no proceedings shall be instituted andfi g? @3193 order shall be passed against a chiid under Chapter VIII of t ‘ Procedure, said Code. . ' 1973 (2 of ' 1974) against achild. , Orders that 40. (1) NotWithstanding anything to the contrary contained 1 may not be ‘ any other law for the time being in force, no delinquent child passed against be sentence to death or imprisonment, or committed to prison '2 dennquent default of payment of fine or in default of furnishing security : , chil . dren Ptovided that wherea child who has attained the age of fourte years has committed an offence and the juvenile court is satisfied th the ofi'ence committed is of so serious a nature or that his condu and behaviour have been such that it would not be in his interest ’ in the interest of other children in a special school to send him to sue special schOol and that'none of the measures provided under this Aw? is suitable or sufficient, the juvenile court may order the delinque‘l child to be kept in safe custody in such place and manner as it think fit and shall report the case for the orders of the State Government. (2) On receipt of the report from a juvenile court under 311 section (1), the State Government may make such arrangement i; reSpect of the child as he deems proper and may order such delinque ; child to be detained at such place and on such conditions as it thinks fit”? Provided that the petiod of detention so . ordered shall not exceec the maximum period Of 1mprisonment-to which the child could haw; sentenced for- the ofi'ence committed. Orders that 41. (1) Where a juvenile court is satisfied on inquiry that a chili, 3334310535 r_ has committed an ofi'ence, then, notwithstanding anything to the contra ding (Mg? contained in any other- law for the time being in force, the juvenils quem ch11. court may, if it so thinks fit. ’ a . m (a) allow the child to go home after advice or admonition; (b) direct the child to be released on probation of good condu and placed under- the care of any parent, guardian or othe fit person on such parent, guardian or other fit person executin f a bond, with or without surety as that court may requir; for the good behaviour and well being of the child for an period not exceeding three years; to) make an order directing the child to be sent to a special school (i) in the case of a child over fourteen years of age, fo a period of not less than three years ; ' ’g (ii) in the came of any other child, for a periOd until h ceases to be a chlld : : Provided that the juvenile court may, if it is satisfied that havin togard to the nature of the offence and the circumstances of the o; it is expedient so to do, for lcaSons to be recorded, reduce the pen: of stay to such pmod as it thinks fit. / '17 Provided further that the juvenile court may, for reasons to be recorded, extend the period of. such stay, but in no‘ case the perioj of stay shall extend beyond the time when the child attains the age of nineteen years ; ~ (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 (d) of sub-Section (‘1) is made, thejuvenile court may, if it is of opinion that in the' interest 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 super- vision 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 o£ thez-delinquent child : Provided that if at any time afterward'sit appears to the juvenile 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 tit, order the delinquent child to/be. sent to a special school. (3) The juvenile 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 conditions 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 oificer. ' (4) In determining the special school, or any petSon to whose custody a child is to be committed on 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 persuation of the child is not imparted to him. 42. 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 suffen disqualification, if any, attaching to a conviction of an ofl‘ence under such law. 43. Notwithstanding: anything contained: in, this Act, ceedings 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 ofi'ence, it shall record such finding and, instead of passing any sentence in respect of the'child; forward: the.- chil'dvvto: the juvenile court Which shall pass orderstin respect of that. child; lini'aecordance with the provisions of this Act as if it had beenasatisfied 0n" inquiry under this Act that the child has committedithe ofi‘enca. 44. Any persona under Whose supervision a child or delinquent child has been placed by an order of a court under the provisions of' Part II and III of this Act shall, subject to rules made in this behalf; have so far as it'may be possible, the same duties as Probation Ofiicer under the proceeding section. all pro— ‘ Removal of disqualifica- tion attaching to conviction. Forwarding 91' child to chenile court without pass- ing any sentence. Special pro- vision in re- spect of pen- ding cases. Death or inmpacity of probation officer or other person. Period of detention. Contribution of parent. 18 45. Where the Probation Officer or other person named in an order of a court under the provisions of Part 11 and Part III of this Act placing a child or delinquent child under supervision, has died or is unable for any reason to carry out his duties, or where it is made to appear that it is’ desirable that another person should be appointed in the place of that office: or person, the court may appoint another Probation Officer or person to act in his place. PART VI MAINTENANCE AND TREATMENT OF PERSONS SENT TO INSTITUTIONS UNDER THE ACT 46. The period for which a child ,or delinquent child is to be detained in an institution shall be specified in the order in pursuance of which he is sent there and such period shall not be less than two years in the case of .a delinquent child who at the time of the order is over fifteen years and three years in the case of any other delinquent children as the court may deem proper for his teaching _ and training but not in any case extending beyond the time ,when he will in the opinion of the court attain the age of twenty years. 47. The court which makes an order for the detention of a child or delinquent child in an institution under this Act or for the committal of a child or delinquent child to the case of a relative or other fit person, may make an order to the parent or such other personliable to_ maintain the child or delinquent child for making or giving contri- bution to his maintenance if able to do so in the prescribed manner. (2) The court before making any order under sub-section (1) shall enquireinto the circumstances of the parent or other person liable to maintain the child or delinquent child and shall record the evidence, if any, in the presence of‘ the parent or such other person, as the case may be, or when his personal attendance is dispensed with in the presence of his counsel. (3) An order made under this section may be varied by the court from time to time. (4) The persons liable to maintain a child or delinquent child shall for the purposes of snb-section (1) include any person in Whose keeping the mother of the child or delinquent child is at the time when any order as aforesaid is made Whether he is his putative father or not and in the case of illegitimate, child his putative father: Provided that where the child or delinquent child is illegitimate and an order for his maintenance has been made under section3125 and 126 of the Code of Criminal Procedure, 1973 (2 of 1974) the court shall not ordinarily make an order for contribution against the putative father, but may order the whole oar any part of the payments aeeuring due under the said order for maintenance to be paid to such person or persons as may be named by the court and such sum shall be lgaid by him, towards the maintenance of the child or the delinquent chi . 19 (5) Where aparent or other person has been ordered under this section to contribute to the maintenance of a child or delinquent child he shall give notice of any change of address to the court which passed the order and if he fails to do so without reasonable excuse he shall be punishable with a fine which may extend to twentyfive rupees. (6) An order under this section may be enforced in the same manner as an order under sections 125 and 126 of the Code of Criminal Procedure, 1973 (2 of 1974). (7) A child including delinquent child in remuneration [or pOSSessing property yielding income shall pay such proportion of his earnings as may be ordered by the State Government towards his maintenance. 48. (1) When a child is kept in a children’s home or special school, the State Government may, if it so thinks fit, release the child from the children’s home on special school and grant him a written licence for such period and on such conditions as may be specified in the licence permitting him to live with, or under the supervision of, any responsible person named in the licence willing to receive and take charge of him with a view to educate him and train him for some useful trade or calling. ' (2) Any licence so granted under subsection (1) shall be in force for the period specified in the licence or until revoked or forfeited by the breach of any of the conditions on which it was granted. (3) The State Government may, at any time, by order in writing Placing out on licence. revoke any such licence and order the child to return to the children’s . home or special school from which he was released or to any children’s home or special school, and shall» do so at the desire of the person with whom or under supervision the child has been permitted to live in accordance with a licence granted under sub—section (1). (4) When a licence has been revoked or forfeited and the child refuses or fails to return to the Special school or children’s home to which he was directed so to return, the State Government may, if necessary, cause him to be taken charge of and to be taken back to the special school or children’s home. (5) The time during which a child is absent from a Special school or children’s home in pursuance of a licence granted under this section shall be deemed to be part of the time for which he is liable to be kept in custody in the Special sch001 or children’s home ; Provided that when a child has failed to return to the Special sehool- 'or children’s home on the licence being revoked or forfeited, the time which elapse after his failure so to return shall be excluded in computing the time during which he is liable to be kept in custody. Penalty abet- ting: escape of child -or delinquent child. Action by police in re- ;gard to escap‘ ed childrefi. Transfer be- tween chil- dren’s home, etc., under home etc., of like nature in difl‘erent part of India. / Discharge and transfer. 20 49. (a) Whoever knowingly assist or induces, directly or indirectlya child or delinquent child detained in or placed out on licence froma special school to escape from the school or of any person Withwhom he is placed out on licence, or any child or deiinquent childto a special excape from the care of the person to whose care. heis committed under the provisions of this Act, or (b) Knowingly harbours, conceal, connives at or prevents fromreturning to the special school or toany person With whom he is placedout on licence or to whose care beds committed under this Act, a childor delinquent child, who has so escaped or knowingly assists in orconniyes at so doing, shall be punishable with imprisonment of eitherdescription for a term which may extend to three months 0: to a fine notexceeding two hundred rupees, or with both. 50. Notwithstanding anything to the contrary contained in anyother law for the time being in force, any police officer may take charge,without a warrant a chiic‘ who has escaped from special school ora children’s home or from the care of a person under whom he Wasplaced under this Act, and shall send the .child‘ back to the specialschool 01' the children’s home or that person, as the case may be erso 11 >may, after giving the information to the coutt which paSsed the orderin respect of the child, take such steps against the child as may be 51. (1) The State Government may direct any neglected childor delinquent child to be transferred from any children’s home orspecial school within the state to any other children’s home, Specialschool or institution 0f like a nature in any other State with theconsent of the Government of that State. (2) The State Government may, by general 01' special order, pro—vide for the reception in a children’s home or special school withinthe State of a neglectedrchild or delinquent child detained in a children’shome or special school or institution of a like nature in any otherstate where the Government of that State makes an order for suchtransfer, and upon such transfer the provisions ofthis Act shall applyto such child as if he had teen originally ordered to be sent to suchchildren’s home or special school under this Act.52. (1) The State Government may at any time discharge a childor delinquent child from the care» :of any person to whose care he iscommitted under this Act, either absolutely or on such condition asthe State Government approves. (2) The State Government may at any time order a child or delin-quent child to be discharged from any special school on remandhome or children’s home eiiher absolutely or on such condition asthe State Government approves. .(3) The State Government may order a delinquent child overthe age of fifteen years detained in an institution to be transferredto another institution established under this Act in the interest ofdiSCipiine or for other special reasons; 21 Provided that the total period 0 detention. of such delinquent child shall not be increase; by such trlnsfer. 53. (1) Where it appears to the State 'Gomemmentxrthat any rchild kept in an institution or iii: :the care of a_fit epexson under any order of aeeurt is a leper or is suffering from eaudieease whieh-‘is z'decla'ted by the State Government in the mmher p—itescnibed cmagiemwéheme- inafte; called contagious disease), the §§tale«iGevemment.tm‘ay, by :39 order setting forth the grounds of heiiei‘ that the child is .a leper or is suffering from a contagious diaease, order his removalto‘a leper asylum or other place of safe custody, to ?be- kept and treated as the State Govetemefit directs dusing the'rc‘mainder ~01 the term for Which he has been ordered to he kept or, if on- the expiration of that term it is certified by a medical office: that it is necessary for ‘the safety of 'the child or of others that he should be further kept unfler-I‘medical care for treatment, then until he is discharged according to law. (2) Where 'it appears to the State Government that the child kept in ‘an institution or in the Care of a-fit person untim— ‘any order of court is of unsoundwmind, the State vGovemmenthay, by an some: setting forth the grounds of helief-thatithe'chfi‘dis ofunsound mind, order his removal to‘axmental he-spitai er tether ptace of "safety to be kept and treated as the State Government directs during the remainder of the term for which he has been Qtdered~to=be kept or, if on the expiration of that term it is certified by amedieaP-offieer that it is necessary for the safety of the child or ofvother Seasons that he should be further kept under medical care or treatment, then until he is discharged according to law: (3) Where it appears to the State Governmentthat the child has become of sound mind, or is cured of tepxosy,.or ofith‘e cemagious disease, the State Go'vemment shah, by an order, ditect the person having charged of the child if still liable to :be kept- in custody to send him to the institution or fit person from wherehe'was removed, or if the -chi1-d .is no longer liable to be kept in custody, order him to 2be discharged. ‘ (4) The provision of section 31 of the Indian lunacy Act, 1912, and section 14 of the Lezers Act, 1893 as the case may he, shall apply to every child confined in a mental hospital or a leper asylum under .sub-section (1.) or (2), and the time during which a child is ceu‘fined in a mental hospitat or a ieper asylum under that sub-section shall be recorded as part of the period for which he may have been ordered by the court to be kept; _ Provided that where the removal of a child due to unsoundness 0f mind or leprosy is immediately necessary. it ~rsha11 be Opened to the autherities of the institutian in Which thechild ~is~kepttoapp1y to ,a xcourt having jurisdiCtion under the .Indian :Lunacy- Act, 1912, orthe .Lepers Act, 1898, as the case may- be, for 'an immediate ionic: ofeommitalto mental hospitalvor a leper asylumras the-zcase'anay-bc until such times the orders of the State Goyemment can be ebtained in thc Ina‘tm. Transfer of children of unsound mind or s'u'-‘ ffering froi leprosy and other con= tagious diseases; PART . v11 POWERS AND FUNCTIONS OF GOURTS HAVING JURISDICTION UNDER THIS ACT Juvenile Courts. 54. (3) Notwithstanding anything contained in the Code of m: Criminal Procedure, 1973 (1 of 1974), the State Government may, by notification in the Official Gazette, constitute for any area specified in the notification, one or more juveni 1e courts for exercising the powers and dischazging the duties conferred or imposed on such court in re- lation to children under- this Act. (2) Every juvenile court shall consist :— (i) a Judicial Magistrate of the 1st Class to be appointed by the Government as Presiding Oflicer ; and (ii) two social wcrkers one of whom may be a woman. NOTE: For the purgose of clause (ii) above a penal of socialworkers is to be maintained by State Government. POW“? 9f 55. Save as otherwise provided in this Act. Juvenile C05“ and (1) Where a juvenile court has been established for any local other Courts. area such ceurt shall deal with all cases in which a child is charged with the infringement of law and shall deal with and dispose of all other proceedings under this Act, but shall not have power to tryhany case in which an adult is charged with an offence under Part .111, and ' - (2) Where a Juvenile court has not been established for any local a‘fea, no court other than courts empowered under section 54 to exercise the pOWers of the juvenile court shall have power to deal with any case in which a child is charged with an infringement of law or to deal with or dispose of any other proceedings under this Act. Procedure 56. (1) When a magistrate not empowered to exercise the powers whena magi- of a cohrt nnder this Act IS of the opinion mat .a child brought swat: is um before him is a proper person to be sent to a spemal school or to empowered be and the dealt with in any other manner in which the case may be dealt to(19355 351 with under this Act) he shall record such opinion and forward the 8&5??? 6‘ child record of the proceeiing to the nearest juvenile court havmg jurisdiction in the case or to the nearest magistrate empowered to exercise the powers of a court under this Act. (2) The court or the Magistrate _to whom the proceedings are so submitted may make such further inquiry, if any, as the court of magistrate may think fit and may pass such orders as the court or magistrate might have passed if the child had originally been brought before or tried by him. , N0 joint 57. (1) Notwithstanding anything contained in section 223 of trial of child the Code of Crimina. Procedure, 1973 (2 of 1974) or any other; law and adult in for the time being in forcew no child shall be charged with or tried ?’“5.Whem for any offence togetiner Wifh an adult, if a juvenile court has been giggle com established for the ana where the trial of such case is to take place. (2) If a child is. accused of an ofi‘ence for which under section 223 of the Code of (,‘riminal Procedure, 1973 (2 of 1974), or any other law for the timt. being in force, such child and the adult could, but for the provision of sub-section (1), have been tried together the court taking cogn zance of the offence shah direcfi separate trials of the child and the adult. 58. Save as provided in this Act, no person shall be present at any sitting of a juvenile court except. (a) the members and the ofiicers of the court; (b) the parties to the case before the court and other persons directly concerned in the case including the police ofiicers in plain uniform ; and (c) such other persons as the court speciafly authorises to be present. 59. If at any stage during the course of a trial of a case or proceedings, a juvenile court conSiders it expedient in the interest of the child to direct any person including the parent, guardian or the spoese of the child himself to Withdraw, the court shall be entitled to give such direction and thereupon such person shall withdrawfiilf any person refuses to withdraw the court may take steps to remove him. 60. If at any stage during the course of the trial of a case or proceeding, the court is satisfied thatthe attendance of a child is not essential for the purposes of the hearing o=" the ease or proceeding the court may dispense With his attendance and proceed with the trial of . the case in the absence of the child. 61. Notwithstanding anything contained in any law for the time being in force, a legal practitioner shall not he entitled to appear in any case or proceeding before a juvenile court, in cases of neglected children. Legal practitioner may hOWevei' appear before the juvenile court in cases of delinquent children in view of the provision under Article 2101" the Constitution of India. .62. . For the purposes of any order which a court has to pass under this Act, the court shall have regard to the following factors:-— (a) the age of the child; (b) the circumstances in which the child is living; (0) the reports made by tho Probation Officer; (d) the religious persuasion of the child ;and (e) snch. other matters as may, in the opinion of the court require. to be taken into consideration in the interest of the child. ‘ Provided that where a delinquent child is fo-md to have infringed the law, the above factors shall be taken into consideration after the court has recorded a finding that he has infringed the law. Presence of pm: in juvenile courts. Withdrawal of persons fromjuvenile courts. Dispensin g with atten- dance of child. Appearance of legal prac- tioners befOIc juvenile courts. Facto rs to be taken into consideration in passing orders by" courts. Minimum age for com- mittal to institutions. Principles to be: obsezved-s by couxt‘s,,lm dealingtwithy chiltlrenancL delinquent; Prohibition of publica- tion of name: etc., of children involved‘m any’Procee; ding under: this act; Reporters? Probation~ Oflicerrand? other reports to be treated confidential. Prelumptimn and detexmiq nna'on ofage. Provision as to rehgion. PART VIII GENERAL AND MI-SCiELLANEQUS 63. Acourt shall: not order the chiid or delinquent child under the age of‘ ten years tote sent toan institution unless for any reason, inci 1ding the want of a fit person of his owu religions persuasion why: is willing to undertake the care of him, is satisfied that he cannot be«:;ealt with otherwise. 64. Every court in dealing with achild who is brought before it, either as needing care or as’ a delinquent or otherwise shall have regard to :h'evwelfare of the chiid- and shall in a proper case take steps for removing him from m'zdesirab‘le suzroundings and for securing that proper. provision is made t'or his education‘and training. 65-. (i) No report: in any neW-Spaper, magazine or news sheet of any enquiry regarding a chiid 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 pub‘iished‘: Profidedt-hat for reasons in be ,recorded in writing the authority -holx;iingtheinqmry may permit such disclosure, if in its opinion such diseiosure is in the interest of the child. (2y Any person contravenlng the provisions of sub-section (1)‘shal] be punishablewith. fine whichmay extend to one: thonsanchupees. 66‘. Ihereport of Trohaticn Ofiicers or any other reports consi- deredtby thC.COll1‘t.UndeI-S€Ct§()’fl 63 shall- be treated as confidential: Provided that the competent authority may, if it so thinks fit, communicate the substance thereof to the child or parent or guardian andam opportunity cf producing-such evdence as may be relevant to the matterstated inlth'emepeg‘t shall be given. ‘ 67. (t) Whereaperson,whether charged with an oflence or not“ is brought. before any ceurt otherwise. than for the purpose of giving evidence and it appears to the court that he is achild, the couzt may make due inquiry 34; to the age of that person and'for that pumose may take such evidence as.. may be forthcoming, and may recerd afinding thereon, stating his age as nearly as may be. (2) Adeciaratirjn by the. court under the, proceeding, sub-section as t.) the person brought before it being under the age of eighteen yeass shall. for the purposes ow" this Act, be final and no court shall iuappeai or revision interfere with any- such declaration. 68'. (l). In any case where achild has been. committed pUISnant, to any such order to the care a)? .:; person Who is not of the religious denominathn of the child or who has not given such undertaking as aforesaid, the court which magic the order or any court of likejuris- diction shall, on the application of any person in that behalf and when a fit person of the religious denomination of the child is Willing to 25 undertake the care of the child, make an order committing him to the care of such tit person and such fit person shall give an undertaking as aforesaid. . (5) Where a child is boarded out, or where a child or delinquent child is permitted by licence to live' with any other person, the State Government shall select for this purpose a person of the same religion as the child or delinquent child, as the case may be, if such person is available and it' no such'person is availabka person who gives a satis- factory undertaking that the child or delinquent chiid shall be brought up in accordance with religion of such child or delinquent child, and if no such person is avaiiable thenanother' person shall be selected within the provisions of section 48. (3) Whena child has been committed to the care of a person Who gives an undertaking as aforesaid but the undertaking is not observed the child shall be liable to be removed from the care of such person and dealt with according to the provisions of sub-section(’2) of this section. , ' (4) Whenever any person interested in the religion of the child is informed of any attem pt at conversion or tampering with his religion he may apply to the court for an enquiry and the court on being satisfied may issue an order removing the said child from the custody of such institution or person and hand over the custody of the chzld to another fit person or institution. 69. For the purpose of this Act, a person shall be deemed to be achild, if at the time of the initiation of any proceedings against him under this Act or at the time of his arrest' in connection with which any proceedings areinitiated against him under this Act, such person has not attained the age specified in clause (C) of section 2 2 Provided that if during the course of the proceedings urtderihis Act such person attains the age Specified in the said clause, the proceedings already commenced shall be continued and orders may be passed in respect of such person under this Act as if such person was a child notwithstanding [,0 the contrary in this Act. 70. The provisions of sections 445, 446, 447, 448, 449 and 450 ofthe Code of Criminal Procedure, 1973 (2 of 1974) shall, so far as may be, apply to bonds under this Act. 71. (1) Subject to the provisions of this section any person aggrieved by an order madeby a court 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 saii 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 g— (a) any order of acquittal maj’e by the juvenile court in’ ' respect of a child alleged to hav: comnitted an offense; or Constitution of procee- dings against child on his attaining specified age. Bond taken under this Act. Appeals. Revision. Procedure in inquiries, ap- peals and revision pro- ceedings. Power to amend orders. Control over custodian ot' child. Probation Officer and persons authorised to be deemed to be public ser- vents. Protection of a :tion taken under this Act. Delegation of Powers. 26 (b) any order made by a Court 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 ofsession passed in appeal under this section. 72. The High Court may, at any time, either of its own motionor on an application received in this behalf, call for the record ofany proceeding in which any Court or court of session has passed anorder for the purpose of satisfying itSelf as to the legality or preprietyof any such order and may pass such order in relation thereto as it thinks fit. 73. (1) Save as otherwise expressly provided by this Act, a CourtWhile holding any inquiry under any of the provisions of this Act, shallfollow such procedure as may be prescribed and subject thereto, shallfollow, as far as may be, the precedure laid down in the Code ofCriminal Procedure, 1973 (2 of 1974), for trial in summons cases. (2) Save as otherwise expressly provided by or under this Act,the procedure to be followed in hearing appeals or revision proceedingsunder this Act shall be, as far as pra‘tic‘abie, in accordance with theprovisions of the Code of Criminal Procedure, 1973 (2 of i074). 74. (1) Without prejudice to the provisions for appeal and revi-siOn under this Act, any juvenile court may, either on its ownmotion or on an application received in this behalf, amend any order asto 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 the Act. (2) Clerical mistakes in orders passed by a juvenile court or errorsarising therein from any accidental slip or omission may, at anytime,be corrected by the juvenile court either on its own motion or onan application received in this behalf. ' 75. Any person in whose Care a child is ntaced under the provi-sions of this Act, shall, while the order is in force, have the likecontrol over. the child as if he were his parent, and shall be responsiblefor his maintenance and the child shall Continue in his care for thepetioJ stated by the court notwithstanding that he is claimed by hisparent or any other person. 76. The Probation Officer and all other persons authorised orentitled to act under any of‘ thetprovisions of: this Act shall be deemedto be pubiic servants within the meaning. of section 21 of the Indian Penal Code, 1860. 77. No'suit, piosecution'or other legal p‘mCeeding shall. be institu-ted against any person for anything which is in good faith done‘icrtintended to be done under this Act, save with the. permission of theState Government. " i i A _ 78 Aliuor any;_-of the powerscon‘iegredfiby this Act on the StateGovernment may be exercised 0r pei-formed by such other oflicer andsubject to s 1ch conditions as the State Government may by notificationspecify in that behalf. 4 27 79. _(1) The $t-ate Government may_s.ubject to; the condition Ruh- of prekus publication make rules for the purpose of carrying into effect the provisions of this Act. (2)} In particular and without prejudice to the generality of the foregoing powers, such rules may provide ,for all; or any of the folloizkihg mattei-s, namely :— (a) the place at Which, the days on which, the time at which, and the manner in which, a Juvenile court may hold its sittings ; (b) content of order committing children or delinquent children to special schools or to the care of fit persons ; (c) the appointment of visitors and their tenure of office ; (d) the inspection of special schools or any other institution established under this Act or after care organisations; (e) the maintenance, educational and industrial, rel'igionvormoral or other training of the inmates 'of special Schools ; (f) the internal management of special schools and children’s home ; - (g) the functions and restionsibilities of Special Schools and children's homes ; ' (h) matters incidental to the appointment, resignation and removal of Probation Oflicers and the remuneration and expenses payable to them ; (i) duties of the Probation Officer [and his (AnalificatiOn ; (j) visit to and communication with inmates of special schools ;' (k) the punishment for ofi'ences ‘c’ofli’ihitted by inmates of special schools, or any other institution established under this Act 5 (1) the recruitment and training of persons appointed to carry out the purposes of‘ this Act and the terms and conditions of their service; (m) the manner of detention of children under arrest or remanded or committed for trial ; (n) the procedure to be adopted in juvenile courts; :(0) the procedure to be adopted in any case oi- inquiry under this Act, before any court other than a Juvenile court; (p) the manner in which a child may be committed to the care of a relative or other fit person, and the duties of such persons and the supervision of such children ; {q) the contribution by parents and other persons liable to maintain children and delinquent children; (1‘) the boarding out of children and the licensing and supervision of children and delinquent children and the submission of reports regarding them ; ‘