APPEALS AND REVISION FROM ORDERS OF SUCH AUTHORITIES.
\1. A children's court shall hold its siUings at such place.Oilslich d\1)' and in such manner, as may be prescribed.
(2) A Magistrate empowered to exercise the powers of a children'.s court under sub-section (2) of section 6 shall, while holding ;1;11)' iuquiry regarding a eh i Id under this Act, as far as practicable, sit irr a building or room different from that in which the or di , nM)' sittings o(civil and criminal courts are held, or on r!iffen'nt:
'days or at times di1l'erent from those at which the ordinary sittings or such court are held. .
S;),ve as pro viclc«] in this Act, no person ,il,tli be present at.any oitting of a cOl1lpetent authority, except-
«1) any olhcer of the competent authority; or
(b) the parties to the lnquiry before the competent authority, the. p;\rI"nt or guardian of the childand other persons directly concerned in the inquiry including police officcrs ; or
(c) such other I)er,ons as the competent authority lllily permit to be present.
(2) Notwithstandil"lg anything contained in sub-sect-ion (I), 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, kgal practitioners, the parent, guardian or the child himself should withdraw, the competent authority may give such di- rcction 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. 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. 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 pur- pose of the inquiry, the competent authority may dispense with his attendance and proceed with the inquiry in the absence of the child.
(r) Whenachildwhohasbeenbrought beforeacompetent autho- rity under this Act is found to be suffering from a disease re- quiring prolonged medical treatment or 'physical or mental complaint that will respond to treatment, the competent au- thority may send the child to any place recognised to be an
"pproved place in accordance with the rules made under this Act for such period as it may think necessary for the required treatment,
Where a child is found to be suffering from leprosy or is of unsound mind he shall be dealt with under the provisiom of the Lepers Act, r898 or the Indian Lunacy Act, 1912, M the case may be.
3 if r 898
4- cd' 1':)12,
11
1'1GS'Uliiptimr 36. QDd deterinill tlot; tof -r- CirclJmstances to b~ taken into consid«:
ta.tio/l i.1l· 1EIakil1g oraers undu tbe ,ict. Swdil1ii <1 c/iIIJ jS. o 1.1 t.sidc
v
. juri.diction. Kepotts to be trea't~d as (''O?yjdmtial. 37·
Where a c01npctci1tauthority has taken action under sub-secficn
(1) in the case of a child suffering from an infectious or ccnra- gcons disease, the competent authority before restoring the said child to his partner in IDJ.rriage, if there has been such, or to the gu~,rdia.n,O.S the case may be shall, where it is satisfied th!.t such action will b{~ in the. inrorcst of the s~,id child, C;J;.IlUPP)) his partner in m;l.rriage (\1 the gu,J.rJi;J.rl, it, t.he case may be, to ~atjsry the. competent aurhoritv by submitting to medical examination. that such partner or gU3.l'di;m will not re-intcct the chi ld in respect of whom the order has been passed. \Vhcre it appeJ.rs to a c(lmpetent authority that .1 person brought before it under a.ny of the provisions of this I\l t (otherwise than for the purpose of giving evidence) is a child, tl~e (;onlpctmt authority shall make due iI,lquiry as to the age nl that person and for that purpose shall take such evidence as may be neccsslry and shall record a finding whether the person is a child or not, stating his age as nearly as'may be. 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 a.ge of the person so brought before, it shall, for the purposes of this Act,. be deemed to be the true age of that person. In making any order In respect of a child under this Act, a competent authority shall take into' consideration the following circumstances namely:- 'I
(I)
the age
is living; the reports made by the' probation 'officer; the religious persuasion of the ·child;
such other circumstances as may,.it, the opinion or the competent author itv-, require to be taken into consideration.in the interests or the child:
l'rc,,"i
I. he, ()ff.::nce:
(a)
(b')
(C)
(d) (e) 39· Provided. Iurthcr that ifno report of t11l~ probation officer is rcucivcd within ten weeks of his \Jcinp directed under section 18 or 01 his bcinrr informed under scctionz r i~ shall be open 1<.1 tlh> competent .l'lIlhority ~o proceed vvit hout the report of the probati')ll ()fl1ce!', 'rn the case of a neglected or deli!1(jucnt child whose o rdinarv place of residence lies outside (he jurisdiction of the competent author itv before wh ich he is brought. the l:ompetent aut horitv ma.y, if sarished after due il)(1(1ir; that it is expedient so to do, send the child back to a relative o'r other person who is lit and willing to receive him at his ordinary place of residence and exercise proper care and control' over him, not- Withstanding that such place of residence is outside the jurisdiction of the competent authority, and the competent authority exercising jUT·jS- diction over the plJCC 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. The report of the probation officer or a;lY circumstances considered by the competont authority under section 33. 'shall be treated as confi- dcnttal:
,-, "'t"
12
Prohibition ~r {o. publkation l' names, tee., if childrm 'in. l'oJ~(:d in al~V pror;udina
unde: .the Act. l'rocedure ill illqo.irUS, apped1, dnd rl!rision procuding!.
1'."'er to
IIIme.d orders.
Provided that the compdcnt authoritymay, if H 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 pro- ducing ·SlH.h evidence as [l1,,\j' .bc relevant to the matter stated in the re- port.
(I) No report' in any ilC\\'spapn, magazine for llCWS sheet of anv inquirv regarding a child under this'Act shall disclose the !1:>mC', address or school or any other particulars calculated to lead to the idenl'ihcation of the child, nor shal] any picture of ;\1\Y such child be published: '.
.p,
Provided that [or reasons to be recorded in writing the autho- , r ity 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 provisionsof sub-section (I) shall be punishable with fine which rnay extend to one thousand rupees.
(I) Subject to the provisions of this scct ionranv person aggrieved by an o rder made by' a competent authority under this Act may, within thirty 'days Ircm 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 ofthirty days if it is satisfied that the appellant was prevented by sufficient cause from ,pre- ferring the appeal in time, '.. "
(2) No appeal shall lie frorn-> , .
(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 the children's 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 of session passed in appeal under this section.
The High Court m:ty, at ;\l1Y time, dtheJ- 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 si\tisf'ying itself as to the leg;,lity or propri etv of any such order and may pass such order in relation thereto as it thinks f-lt:
Pr<,"irkd that the High Court shill! not pass an order under this section prejudicial to any person without giving him a resonablc oppui'- tunity of heing heard.
, .
Save as otherwise cxprcsslv provided by this Act, a competent authority while ho lding any inquiry under any of the provisions of this Act, shall follow such procedure as may be prescribed and subject thereto, shall [allow, as 1:11" as may be, the pror.e- dure laid down in the Code of Criminal Procedure, T 898 for trials il'l summons cases. ~ ?f 1898.
Save as otherwise expressly provided by
1898.
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 ,4, ct.
13
Punishment.fOr 4-5. cruelty to
child.
f.l71ployment if 46. children Jor
beDDing.
Pena ItyJM 4-7. [Jil'in[] intoxi- ((/lil1,q liquor or danBcrous dru[J to a child. Exploitation oj 48. child employees. Power if the 49· GOl'crnment to disrharDc and trall~fer chil- dren.
(2) Clerical mistake, in orders p;\<;sed by a competent authority or errors arising therein from any accidental slip or omission may, at all)' tirne , be corrected hy the competent authority either on its own runt ion or on an application received in this behalf.
CHAPTER VI
SPECIAL OFFENCES IN RESPECT OF CHILDREN
whenever, havipg the actual charge of, of control over a child, assaults, abondons, exposes or wilrully neglects the child or causes 01' procures him to be assaulted, abondoned, exposed or neglected in a manner likely to cause such child unnecc- ssary mental and physical suffering, shall be punishable with imprisonment for a term which may extend to six months, or with fme, or with both.
No Court shall take cognizence of an offence punishable under sub-section (I) unless the complaint is filed with the previous sanction of the Government or an oHicer authorised by it in this behalf.
Whoever employs or uses any child for the purposes of begging or causes any child to beg shall be punishable with imprisonment for a term which may extend to one year, or with Pme, or with both.
Whoever, haVing the actual charge of, or control over, a child, abets the cormuission of the offence punishable under sub-section (1) shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.
(3) The offence punishable under this section shall be cognizaGle. Whoever gives or causes to be given, 1:0 allY child any intoxicating liquor in a public place or any dangerous drug, except upon the order or a duly qualified medical practitioner or in case of sickness or other urgent cause, shall be punishable with fine which may extend to two hundred rupees.
Whoever ostensibly procures a child for the purpose of any employ- ment and withholds the earning of the child or uses such earning. for his own purposes shall he punishable with fine which may extend to one thousand rupees.
(I) The Government may, notwithstanding anything contained in this Act, at any time, order a neglected or delinquent child to be discharged from the children's home or special school either absolutely or on such conditions as the Government may think fit to impose;
The Government may, notwithstanding anytLing contained in this Act, order--
(a) a neglected child to be transferred from one children's home to another;
(b) a delinquent child to be transferred from one special school to another or from a special school to a borstal schoo] or from a special school to a children's home;
(c) a child who has been released on licence which has been revoked or forfeited, to be sent to the special school or children's home from which he was released or to any other speCial school or children's home or borstal school:
Provided that the total period of the stay of the child in a special school or children's home shall not be increased by such transfer.
14
',(
~t!.
Transfers
bet_
(J)'!,!. 50, iJ w(xnchildren's homes, etc. ,
under the Act -,
({J)d:chi}dren's i~,
homes, etc;
t?I rr" like nature in
" different parts .J c:I Indio .
(2)
Transfer 4 child ren sijJe- rins .from
leprosy or tuberculosis or if unsound
mind.
o
Placing out all l iceoce, The Government mav, notwlthstandinrj any thine contained in this f,ct, ill: 8iW tin;!?, dischar:'c a. chil'd i"I'c;m th~; CITe of
m'i;,
think fit to impose,
TJ1C Government ]ll;))' direct allY IlC[~kctcd child or delin- quent chi Id to he transfc ITed [rorn
(1 )
The Co vcrnment may, by g(~nr:I'a.l or spu:i,J.! (;!'<\or, pro vide for the j"CCc!,ltion in a children's horne o r sp(~r;i;tI school of a n('gkct:c,J, ch:ld or delinquent child dd:Jincd in a children's horne or special school or' institution of ~ like nature in any other State, where the Government 01' tint State makes an order for such transfer and upon such transfer the provisions uf this Act shal] :tpply to such child a if he had been orig,im.lly ordered to be sent to such children's horne or special school undct this Act.
'Where it ap[)cars to the Government that any (:hild kept in a ch ildren' 5 home or special school in pu rsuancc of this Act is sllffcrinL~ from lcl1rcsy or tuberculosis or is of unsound mind, the Government rn~y order his removal to a leper asylum o r T, 13, Sanatorium or mental hospital or other place of safe cl.I';{ody [or bcin~ kept tliorc (i.ll' tlic remainder of the term for which he has to he kept in custody under the orders of the competent authoritv or Ior sLich further [lcriud as may be certified by a medical officer to be necessary for the proper treatment of the child,
Where it appci\rs to the Government that the child is cured of leprosy or tuberculosis or of unsoundness of mind, the Government nu)" if he child is still liable to be kept: in cus- tody, order the person having charge of the child to send him to the special school or childj'(~n's home from which he was removed, or, if the child is 110 longer liable to be kept in cus- tody, order him to be discharged.
When a child is kept in a children's home or special schoo l, the Government may, iF it: thinks fit, release :hc child from the children's home or special school and grant him a 'written licence for such period ~tnd on such conditions as m:Ly be spe- cihed in the licence permitting him to live with , or under the supervision of any responsible perso]) Domed in the licence, willin[! to receive and lake cb"nre of him with a view lo""edll--o 0 care him and train him for some useful trade or calling. Any licence so granted under sub-section (I) :,liall be in force fOl' the period sp,~cihul in tlw licence or until revoked or IlI!'- f'eitecl Ly the breach 0[' allY or the conclitons 011 ';",.hich it was gr"nted,
The Co vernmcnt may, at any time, by o rcle.r in WI iting revoke ilny such licence and order the child to return to the chil.dren's horne or special school From which he was rele- ased or to any other childrcn's horne or special schQ(i and sh:LlI do so at the desire of the person with whom or 1 . er whose supervision the child has been permitted to live in'ac- cordance with a licence granted under sub-section (I). ,~ ":J:~~:
,..,
15
When a licence has been revoked or forfeited and the child refuses or fails to return to the children's home or special school to which/he was directed so to return, the Govern- ment may, if necessary, cause him to be taken charge of and to be taken back to the children's home.
The time during which a child is absent from a children's home or special school 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 children's home or spe- cial school :
\
\
\.
\.
Provision in
respect if
escaped child-
dren.
Provided that when a child has failed to return to the chil- dren's home or special school on the licence being revoked or forfeited, the time which elapses after his failure so to re- turn shall be excluded in computing the time during which he is liable to be kept in custody.
Notwithstanding anything to the contrary contained in any other law for the time being in force, any police officer may take charge without warrant of a child who has escaped from a children's home or special school or from the Care of a person under whom he was placed under this Act and shall send the child back to the children's home or spe- cial school or that person, as the case may be, and no proceeding shall be instituted in respect of the child by reason of such escape, butthe chilren's home, special school or the person may, after giving the in- formation to the competent authority which passed the order in respect of the child, take such steps against the child as may be deem- ed necessary.
"
\ Child not to be handcz1fed or fettered. No child either neglected or delinquent shall be handcuffed or fet- tered.
Contribution
by parents.
The competent authority which makes an order for sending a neglected child or a delinquent child to a children's home or special school or placing the child under the care of a fit person may make an order requiring the parent or other person lia- ble to maintain the child to contribute to his maintenance, if able to do so, in the prescribed manner.
(2) The competent authority before making any order under sub- section (I) shall inquire into the circumstances of the parent or other person liable to maintain the child and shall record evidence, if any, in the presence of the parent or such other person, as the case may be.
(3) The person liable to maintain a child, shall for the purposes of sub-section (1), include, in the case of illegitimacy, his puta- tive father:
Provided that where the child is illegitimate and an order for his maintenance has been made under section 488 of the Code of Criminal Procedure, 1898 the competent authority shall not ordinarily make an order for contribution against the 5 if 1898. putative father, but may order the whole or any part of the sums accuring due under the said order for maintenance to be paid to such person as may be named by the competent autho- rity and such sum shall be paid by him towards the maintencance of the child.
Any order made under this section may be enforced ir: the same manner as an order under section 488 of the Code of Criminal Procedure, T 898.
16
Control if custodian o ve r child. Delinquent child uruicr- BOing sen," tence at the
commencement
r1the Act, Appointli1ent 0' <:.(fiws,
Officers appointed under the Act to be public servants. Pieced IIre in respect if bonds.
Dclc,qation
c:I powers.
Any person m W110se CUStOGYa C!lIIU l~ }'JdLCU. HI !-'''"o•.,,'''vv v. ,,,w "v. shall , while the order is in force, have the like control over the child a s he would have if he were his parent, and shall be responsible for his maintenance and the child shall continue in his custody for the period stated by the competent authority, notwithstanding that he is claimed by his parent or any other persall:
Provided that no child while in such custody shall be married except with the permission of the competent authority.
57· In any area in wh ich this Act is hrought into force, the Government may direct that 2. delinquent child who is undergoing anysenteDce of imprisonment on the commencement of this Act shall, in lieu of un- del:going such sentence, be sent to a special school or be kept in safe custody in such place and manner as the Government thinks fit, for the remainder or the puiod of the sentence, and the povisioris of this Ac;: shall apply to the child as if he lvrd been ordered by a children's court to be sent to such special school or, as the case may be, ordered to be detained under sub-section (I) of section 24-.
58. (J) The Government may appoint as many probation officers, officers for special school, observation homes or aftercare organisa- tions and such other officers as it may deem necessary for carrying out the purposes of' this Act.
(2) It shall be the duty of the probation officer-
(a) to inquire, in accordance with the direction of a compe- tent authority, into the antecedents and family history of any neglected child or of any child accused of an off- ence, with a view to assist the authority in making the inquiry;
(b) to visit neglected and delinquent children at such inter- vals as the probation officer may think fit;
(c) to report to the competent authority as to the behaviour of any neglected or delinquent child ;
(d) to advise and assist neglectecl or delinquent children and, if necessary, endeavour to find them suitable employ- ment ;
(e) where a neglected or delinquent child is placed under the care of any person on certain conditions, to see whether such conditions are being complied with; and
(f) to perform such other duties as ffi2y be prescribed.
(3) Any officer empowered in this behalf by the Government may enter any children's home, special school, observation home or aftercare organisation and make a complete inspec- tion thereof in all its departments and of all p2.pers, registers and accounts relating thereto and shall submit the report of such inspection to the Government.
Probation officers ancl other officers appointed in pursvance of this Act shall be d(':cmcd to be public servents within the meaning of section 2 I of the Indian Penal Code. 5 oj I 860. 5'),
60. TheprovisionsofChapterXUIoftheCodeofCriminal Procedure, r893, shall, as far as may be, apply to bonds taken under this Act. 5 '?! 1898. The Government may, by general or speCial order, direct that any power exercisable by them under this Act shall, in such circumstances and under such conditions, if ,:.ny,
17
Pmtcction cif 62. action I ':CIJ ill [I~od jaith.
1'"
Ccrtdin provision qf Central Act s qf J898 not to apply. Power to make rules,
r ,
r
17
No suit 01' other legal proceeding shall lie against the Government or any probation officer or other officer. appointed under this Act in respect of anything which is in good faith clone or intended to be done in pursuance of this Act or 01· any rules or orders made there under.
63. Section 29B and section 3990[' the Code of Criminal Procedure, 1898, S iJ! 1898. shall CCJse to "'PI)iy to any area in which this Act has been brought into force.
64. (I) The State Government may make rules 1'01' giving effect to the provi- sions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely:-
(a) ['aeilities for education etc. that may be provided in chil- dren', homes under sub-section (3) of section 8;
(b) the circumstances and the manner in which certificates of a chi Idren's home, special schools, observation homes may be granted or withdrawn;
(c) manner in which alter-care organi,ations may be reco- gnised ;
(d) measures to be taken by aftercare organisation to enable the child to live an honest and useful life;
(e) the manner in which a Police Officer may deal with a delinquent child not released on bail until its production in a children's court;
(f) restrictions and limitations under which a Police Officer may let off a delinquent child after a warning;
(g) the places at which the children's court may hold its sitting~ ;
(h) the procedure that may be followed by the c01l1petent authority while holding inquiries under this Act;
(i) the manner in which the parents of a child are to contri- bute towards the maintenance of the child;
0) such ether duties that may be performed by the proba- tion officers;
(k) any ether matter which has to be, er may be, prescribed.' By Order of the Governor,
B. R. PRADHAN,
Secretary to the Government of Sikkim, Law Department,
F. No. 16/(153)/LD/82.
PRI!-lTED All THE SIKKIM GOVERNMENT PRESS
18