Sikkim act 004 of 1982 : The SIKKIM CHILDERN ACT,1982

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tGOVERNMENT;..

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GAZETTE

i EXTRAORDINARY "~"';7

PUBLISHED BY AUTHORITY

No. 25 Gangtok, Friday April 16, 1982

LAW DEPARTMENT

GOVERNMENT OF SIKKIM

Notification No. 23/LD/82. Dated Gangtok, the 16th April, 1982. The following Act of the Sikkim Legislative Assembly having received the assent of the Governor on 7th day of April, 1982, is hereby published for general information. THE SIKKIM CHILDREN AGT. \1982.

1

ShOfl: title

,

extent. rind com! J]CIICClllcn t, D~fillilions.

THL SIi

AN

ACT

to prc)vidc fcn the C,l.1"(' , prot cction, malntcuanco , welfare trainin« cclucaJion and rehabilitation of ncgicc\cd or delinquent children ,111(1 for lh~' trial of delinquent: children in the State of Sikkim.

Be it enacted in die Thirty-third Year of the H.epubJic of India as fo110\v5 ;---

CIIAPn:H I

PIlEUMINAR Y.

I . ( I )

'Thi::; ;'\(t 11'1,1), be calkd the Sikkim ChildrTll Act, 1')82.

(2) It: r.xtCllCh to the \vho!('. of the State of Sikkim.

(1) It sh0.l1 come into lo rce on such date as the Government Jna)" hy notification, appoint; and d.:fCcrcnt dates may be appointed for diffe- rent provisions of this Act or for different areas of th c State.

2. In this Act, unless the context Ot\Wr1yiCie requires, _ (;\) ",l,uliJOliscd pcr:ion" means it p<::~roun autho rised by the Covcrnmcnt under sub-section (I) or section J 6; (I ) "J ""1 xgglllg means ----

(i ) soliciting or recclVIng alms in i3, public phce or cn:cT:n[; r,n

tcllin\':, ·l)ertormin~ tricks or sdlina articles or ,~! •. U b

otherwise; or

(ii) exposing or exhibiting with the object of obtai- ning or extorting alms, a.ny sore, wound, injury, rlc:onnity o r d;sea~,c, \\ helher of himself or of ~.ny o:hr;- prrsrm o r nf an animal ; or

(iii) all'owing oneself to be used as an exhibit for the purpose of soliciting or receiving alms; (. ) "J tl J" " ti t l" c c t it t'" d" b1' C )1'0· 1C., pros'l u.c, pros -IU .ion 8,11.. pu de place" shall have the 11le

"ion. 0[' Immoral Tr2Jii~" in \V,·mcn .inr! eirh !\ct, j 9S6; (cl) "child" means a person who has not attained the age of eighteen yeJ.l"S and when used 'with lTfcrence to a chilli bOlt to a children's home or special school ;:rriies t o that child during the whole period of the stay, notwithstanding that during the period of slIch stay, the child may have attained the above age limit;

(e) "children's court" means a Court constituted under see- tion 4;

(f) ~'chi1dren's home" means an institution established or certified hy the Government under section 8 as a ell ildren' s home;

(g) "competent authority" means a children's court and includes in respect of any area for which no children's court has been cons- tituted. any magistrate empowered under sub-section (2) of secl icu 6 to ex- ercise the powers conferred on a children's court by or under this Act;

(h) "cl;cngcl'olls rl1'1.lg" shall have the meaning assignecl to it in the Dangerous Drllgs /\('1, 19}0;

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(I) "\I,:lil\(1I1(,11\ chiltl" J ) I ]1 111(',111'~. c ,; C "ho hit,) r'cen found tolaVe conr.rnittcd an ufb,:ncc;

(j) "fit IWI"" 1 " "(', , , "

tl'll'I)' " 1,' ,,'(J 1 or .it. Institution means any IJersOIl or ins- .0,1 (!lut. )eljlu , pollee st 1 ' 'I r II' I '

rir v 1'0 " ,,' , :0', '"",IOn or .l il)) OUIl( 1.( )y the competent: autho- ! 1(,(11(, and takeca,reo!-,\chddentnlstrdt ]', " '.

Lion on II' t,· ., I' I'" . ,,0 1/',0] lis l.a,le and prote'::-

ic et ms ,\,It, COll( 1<'I0I1S speCified hy Ihe competent au(hority'

, ,

(k) "Cnvrl"ll.lIIent" 1ll~,'11S' ('I,A. S' r : ,-<, " • tatc \../()Vernment of Sikkim;

(I) ",gLl:lrdi,ln", in rcl:lll()it (0 ' cl 'II in: ILI(I('",. ' , " II ( , ' "-ny person

" ho , In the l)jlll1l()/1 01 the C()J1lI)('(cllt author it , havin« lO"lIiz(lmc of r P rocrrdlllIT^I··1 ' I'll I f' ,^bb"-11\, " .• ':J II I ( .u ron to a (' 11 <. , l;IS, or the (1111C bCillC;, the aClu,d charne f or CU1 1.1'0 I over that child, ~ 0- 0 , , ,

(i )

(i i) is I()ulld without all)' horu« or ~cLLlcd phce of

,'hud", o r :my ostensiblc l1lC'

is (;Jllnd de~titute, whether he is all. orphan or

nor; OJ'

h,1~ a jlarl'n! or gllanlian whu is unlit or ullable tu cxercise or does not e xcrcise proper care and co nt ro I oyer the chil(l ; or

IiI":' in a hl'Othcl or l'I',itl.1 a prostitute or rrefjl.lc1l.tl), gOl,s \0 any pL1CC USc(1 lor the purpose of prost i- tut ion , or IS f'ound to associ,\ll' with any prosti- ('utt', or al1)' other pt'l'SOIl who kads an immoral drunken or depr:tvtedlif'e ; ,

. (n) ,"ob.'icrv:ltiol1 home" means any institution or place csta- blishecl or rccogll,~cd by the Guvernment under section 10 <15 all. observation home;

(i ii)

(iv)

(0) • 't,ffcnce" means an offencc jlulli~hable under any law 1'01' the time, heing ill r'orcc ;

, (I) , "place or saJety"II1('<1ns :my phce or institution (not being a police si ation or jail), the person in charge of which is wi ll ino temporarily to receive and take care of a child and wh ic]. in the opinion of the competent o.uthorit), may be a place of safety for the child;

(q) " '1 'I" 'I I 1prescr: )C( 111e,111SpreS(T11N 1)' rule s made under tllis Act ;

" (r) "prob"tioll ufficer" means on oFl-icer appointed as a proba- tion officer under this Act OJ' under the Probation of Offenders Act, J 958; Continuation

if inquiry in

respect if chi ld

who has ceased

to be child.

(~) "special school" n"",n& "n. institutinn c,t"hli,hnl or cer- tifiecl hy the Covcrnment unrl cr section 9 ;

(t) "supervision", in relation to a child placed under the care of any parent, guardian or other fit person under this Act, means the super- vision 01' l.hat child by a probarton officer for the purpose of ensuring that the child is pro pcily looked ,,[tel- and that the conditions imposed by the compe- tent authority are complied with ;

(u) all words and expressions used hut not drhnecl in th;s Act and defmerl in the Code of Criminal Procedure, ] 89 S, shall have the meanings assigned to them in that Code. 5 if 1898.

3, Where an inquiry has been initiated aga,inst a, child and during the course of such inquiry the child ceases to be such, then, notwithstanding ~ny- thing contained in this Act or in any other law for the time being in force, the inquiry may be continued and orders may be made in respect of such person as if such person had continued to be a child,

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Childre- • courts, Procedure,etc. , in relation to children's courts. Powers <1 children's court.. Procedure to be followed bf a maatstrate Mot empowered

under the Ac,t. Children's

homes.

C]!-IAPTI3R II COM.PlETENi AUTHOR-HIES AND INSTITUTIONS fOR CfH1DP.EN

4-. (I) Notwithstanding anything contained in the Code of Cri- minal Pr-ocedure, 1898, th~ Goven1D.lcnt may, by notification, constitute For any area specified in th~ notification, one or more children's courts fOJ: § <1 I 398. exercising the power:, and discharging the dutks conferred or imposed on such court under this Act.

(2) It children's court shall consist of such number of magis- trates forming a Bench as t.he Government think fit to appoint, of whom one shall be designated as the senior magistrilte and not less than one shall be a woman; and every such Bench shall have the pcwers conferred by the Code 5 '?f ! i!9'"

of Criminal Procedure, 1898) on a magistr"te of the first class. s· (I) In the event of any difference of opinion amon.g the magis- trates of a children's court the opinion of the majority shall prevail, but where there is no such majority, the opinion of the senior magistrate shall prevail.

(2) A children's court may act notwithstanding the absence of any magistrate and no orders made by the children's court shall be invalid by reason only of the absence of ilny magistrate, during any stage of the pro- ceeding.

(3) No pcnon shall be appointed as a magistrate of a children's court unless he has, in the opinion of the Government, special knowledge of child psychology and child welfare.

6. (1) Where a children.'s court has been constituted for any area, such court shall, notwithstanding anyi-hing contained in any other law for the time being in force but save as otherwise expressly provided in this Act, have power to deal exclusively with all proceedings under this Act rela- ting to neglected children and delinquent children.

(2) Where no children's court has been constituted for any area, the powers conferred on the children's court by or under this Act shall be exercised in that area, only by the following, namely i->- the: district magistrOlte; or

any magistr~.te of the nrst class.

The powers conferred on the children's court by or under this Act may :.lso exercised by the High Court and the Court of Session, when the proceedin.g comes before them in app- eal, revision or otherwise.

7. (1) When an.y magistrate not empowered to exercise the powers of a children' 5 court under this Act: is of opinion that a person brought before him under any of the provisiona of this Act: (otherwise than. for the purpose of giving evidence) is a child, he shall record such opinion and fo:·ward ~he child and the record of the proceeding to the competent authority havmg jurisdiction over the proceeding.

(2) The competent authority to which the proceeding is for- warded under sub-section (1) shall hold the inquiry as if the child had origi- nally been brought before it.

a. (I) The Government may establisll and maintain as many chil- dren's homes as may be necessary, for the reception of neglected children under this Act.

(2) Where thc Government is of opinion that any institution other than an institution e,(ablishC<1 under sub-section (T) is fIt for the recep"

tion of the neglected children to lw sent there under this Act, they may cer- tify such inst itution C\S a child"l'TL'S 1orne f,:' r!,(, r"croscs of this Act.

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(3) Every children's horne to which a neglected child is sent under this Act shall not only provide the child with accommodation, main- tenance and facilities for education, but also provide him with facilities for the development of his character and abilities and give him necessary training for protecting himself against moral dangers or exploitation and shall also perform such other functions as may be prescribed. (4-) The Government may, by rules made under this Act, pro- vide for the management of children's homes and the circumstances under which, and the manner in which, the certificate of a children's home ma.y be granted or withdrawn.

Special schools. 9. (I) The Government may establish and maintain as many special schools as may be necessary for the reception of delinquent children under this Act.

(2) Where the Government is of opinion that any institution other than an institution establisher] under sub-section (I) is fit for the recep- tion of the delinquent children to be sent there under this Act, it may certify such institution as a special school for the purposes of this Act.

(3) Every special school to which a delinquent child is sent under this Act shall not only provide the child with accommodation, main- tenance and facilities for education but also provide him with facilities for development of his character and abilities and give him necessary training for his reformation and shall also perform such other functions as may be pres- cribed.

Observation

homes,

Ajtercare

ofgonisations.

Board if

Visitors.

(4) The Government may, by .rules made under this Act, provide for the management of special schools and the circumstances under which, and the maimer in which, the certificate of a special school may be granted or withdrawn.

10. (I) The Government may establish and maintain as many observation homes as may be necessary for the temporary reception of child- ren during the pendency of any inquiry regarding them under this Act.

(2) Where the Government is of opinion that any institution other than an institution established under sub-section (I) is fit for the tem- porary reception of children during the pendency of any inquiry regarding them under this Act, it may recognise such institution as an observation horne for the purposes of this Act.

(3) Every observation home to which a child is sent under this Act shall not only provide the child with accommodation, maintenance and facilities for medical examination and treatment, but also provide him with facilities for useful occupation.

(4) The Government may, by rules made under this Act, provide for the management of observation homes and the circumstances under which, and the manner is which, an institution may be recognised as an observation home or the recognition may be withdrawn. I I . (I) The Government, may, by rules made under this Act, provide for the establishment or recognition of aftercare organisations and may vest them with such powers as may be necessary for effectively carrying out their functions under this Act.

(2) Every such organisation shall take care of the children when they leave children's homes and shall, for the purpose of enabling them to lead an honest, industrious and useful life, take all such measures 2.S it may deem necessary or as may be prescribed.

12. (2) For securinjj effective supervision of children's home, special schools.observatior homes and aftercare organisations established or certified or recognised under the provisions of sections 8,9, 10, and I r , the Government shall constitute a Board of Visitors consisting such number of members as the 'Government may deem necessary.

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Sikkiw Stae Children Wel- [are AdYi50~)' Board.

Inspection cif children's homes, special schools, ere. ldedical exa. minotion of inmates c:I sehools. Production of neglected chi 1- dren before

ctiildreu":

court.

(2) The Board of' Visitors constituted under sub-section (I) shall have the right to visit any children's home, observation home, special school or aftercare organisation and to record their comments on any matter it may think ilt.

(3) Copies of comments of the Board of Visitors referred to in sub-se ct ion (2) shall as soon as may be after they are recorded, be forwarded by the managers of the children's home, observation home, special school and aftercare organisati'm 1<) the Sikkim State Children vVelbre Advisory Board.

13. (I) The Government shall appoint a board to be called the Sikkim State Children vVelfare Advisory Hoard. (7.) Such Board shall consist of such number of members as the Government may consider necessitry and shall advise the Government gene- rally in regitrd to the adminiatration of' this Act and more particularly in re- g:wd to the control and m;magcmcnt of the children's homes, observation homes, spt'cial schools and altcrcarc organisations established, certified or recognised under sections 8,9, I 0 and I I after considering the comments of the Board of Visitors.

14-. (I) The Government may appoint it Chief Child Welfare Ins- pector and as rIli\lly Inspectors and Assistant Inspectors asft thinks £t to assist the Chief Child Welfare Inspector:

Provided that one of such Inspectors and Assistant Inspec- tors shall be a woman.

(2) Everv children's home, observtaion home, special school and aftercare organisation shall be inspected at least once in every three months by the Chief" Child Wr.ILlrc lnspcctor or by an Inspector or Assistant lnspector :

Provided that when children's home or school or other

organisation referred to in sub-section (2) is exclusively used for the recep- tion of girls only, such inspection shall be conducted either by the Chief Child Welfare Inspector or by a woman Inspector 0: Assistant Inspector. !.~. Every inmate of children's home, observation horne, speclal school or after care organisation establ is'hcd , certified or recognised under sections II ,9, 10 and 1 1 may, as soon as practicabl e after his admission to such home, school or organisation and at such intervals thereafter as may be specified by the Government by a notification, and also whenever so required by the managers of such homes or schools, be examined by a Medical Officer authorised in this behalf by the Government and a report of such medical examination shall forthwith be sent by the Medical Officer to the manager of the homes or schools and to the Chief Child Welfare Inspector :

Provided that in the case of homes or schools used and for the reception of girls only, such medical officer, shall, whenever practicable, b.

a woman.

CHAPTER III

NEGLECTED CHILDREN

1-6. (I) If ally police officer or any other person authorised hy the Government in this behalf by general or special order, is of opinion that a person is apparently a neglected child, such police officer or other person may take charge of that person for bringing him before the children's 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 book to be kept for the purpose, the substance of such infor- mation and take such action thereon as he deems fit and if such officer docs not propose to take charge of the child, he shall forward a copy of the entry made to the children's court.

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Special r.. zcdure 1.0 ,,~ ioitowed when legleeted child has paTen.

Inquiry 1:1' :hildr~I1'S court regarding neglected

children. Power to commit nC[Jlected child to sui able

custO(!! • (3 )l::very child taken ('Ilarge or under sub-section (I) snail D~ brought before the children's court within a. period of twenty four hours of taking such charge excluding the time necessary for the journey from the place where the child 11ad been taken charge of, to the childrn's court. (.n Every child taken charge of under sub-section (I) shall unless he is kept with his parl:'nt or guardian, be sent to an observation home:

(but not to a police station or jail) until he can be brought before a children's court.

'7. (I) If a person, who in the opinIOn of the police ofilcer or the authoriscr] person is a neglected child, lias a parent or guardian who has the actual charge of, or control, over, the child, the police officer or the authoriscd p'erson may, instead of taking ch,\!'ge of the chile], make a report to the children's court for initi

Provided that before holding such inquiry the chi ldreris court shall direct the probation ofiicer to furuish Jt with a report regarding the antecedenrs anrl family history of the child and other material circurns- tances likely to be of assistance to the court In holding the inquiry.

(2) Where a children's court is satisfied on inquiry that a child is a 11('[?lectec1 child and t.hat it is expedient so to deal with him, ihe children's COUI-tJ~;

Provided that the children's court may, for reasons to be

recorded, extend die period of such stay, but in no case the period of stay shall extend beyond the time when the child attains the age of eighteen years in the case of a boy and twenty years in the case of a girl:

Provided further that the children's court may, if it is satis- fied that havingregard to the circumstances of the case it is expedient so to do, for reasons to be recorded, reduced the period of stay by such period not exceeding two yea]"s as it thinks fit,

(3) During the pendency of any inquiry regarding a child, the child shall, unless he is kept with his p"rent or guardian, be sent to an obser- vation home for such period as may be specified in the order of the children's court: '

Provided that no child shall be kept with his parent or

l,;ual"ciian if', in the opinion of the children's court, such parent or guardian is unfit to exercise or does not exerc ise proper care and control over the child. 19- (I) If the children's court so thinks fit, it may, intead of making an o rdc r sub·,section (2) of scction 18 for sending the child to a children's home, make an order plaCing the child under the care of a parent, guardian or other fit person, on such parent, guardian or fit person executing a bond with or without surety to be responsible for the good behaviour and well heing of the child and for the observance of such conditions as the children's court may think fit to impose.

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.(2) At the time of making an order under-sub-section :\ 1)- or .at any time subsequently, the children "s.courr may, . in addition, .make an order that the child be placed under supervision for any period not el

(3 ) Notwithstanding anything contained in sub-section (1) or sub-sect ion (2), if at any time rtappcars to the children's COurt on recei- ving a report From theprobatiol1 officer or otherwise, that there has been II breach of any Of the conditions imposed by it in respect o/" the child, it may, arl(;~r ll1akin~ such i.nCjuir)' as it. deems fit, o rcler the child to be sent to a chil_ drcns hOJl1~. '

}O. Where II parent or 'guardiali of II chile! complains to the Uncol1trollab!t children's court that he is not able to exercise proper care and control over children .rhe child. and the children's court is satisfied on inquiry that proceedings under this Act should be initiated regarding the child, it may send the child to an observation home and. make such further inquiry as it !nay deem fit, and the provisions or section )8 and. section 19 shall, as lar as may be, apply to such p1'Occeclingc..

CHAPTER IV

DELINQUENT CHILDREN

fn/ormation ro r(/rr~Jt or H!llll'di(7l) or probotifHFI

~:JJicr.r. :1.f. (1) 'When an} person, accused of a. bailable or non-bailable Bail and ellS- offence ami apparently a child is arrested or detained or appears or is brought toby i?I

. before a children's court, such person shall, notwithstanding anythingcontai- children, ned in the Code of Crirninal Procedure, 1898 or in any other law forthetime s of 18·~8. hCing in 11))'(c, be released on bail 'with or Without surety, 'but he shall not be so released if there appear reasonable l:,'Tounds for believing that the release is likely to bring him into association with any reputed criminal or expose him to moral danger or that his release would defeat the ends of justice. . .. ,

(2) When such pcr~on having been arrested is not released on b;til under sub-scctiou (I) hy the oFficer-In-charge of' th.e. police srarion , such officer shall cause him to be kept in an observation home in the ,preseribc~l manner (hut not in .\ po licc ,L\t ion or jail) until he can be brought before a childrcn'~ COUl't.

( J ) When 'llLh pel'sol1 is not released on bai I under sub-section

(I) hv the children's court, it shall, instead of committing him to prison, make' an order sending him to an observai ion. home 1"01' such period during the pendency <.if the inquiry regarding him as may he spcc.ilicd in the order.

22. Where a child is arrested, the oFticcr-in-c.:Il

Inqu i')' b}'

ciJj /JrtJl's

cou rt r(ffl1'~

<:iil'll1 ddill.

~JWlt childril'!.

(a) . the p.wcnt or gu,wdi

(11) the probation officer, of such arrest in order to enable him to obtaln.information regarding the ante- cedents and family history of the child and other marc rials circumstances lih,h· to be or assistance to the cbildren's court For making the il1<]uiry.

231 Where a child haTing been charged with an offence appean or is produced before a children's court, the 'childreri's court shal] hold the inquiry in accordance with the provisions of section 39 and may, subject to the provisions of thi5 Act, make such order in relation to the child as it deems :fit.

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Orders thitt b« plI.ss(d ufJar- di nil ,!f./i"~ qlii.m rh;]drtn, Orders that

may not he passed agQinst Je]inquent childten, ; ~, (I) Where a children's court is sarisficd e-n inquiry (hat a child has committed an offence, then, n(ltwithstandin~ a.nything to the contrary conla.ined in 'tny othcr Iaw for the time being In t(:>rc~, th; children's cou;t may, if it 50 thinks .iit,-~--

I('l.) aHo"\!(; the dJi!d to .Goherne ~Jter ~.,hite or ·'1dn"t(,- nit.io n;

'-

direct the child to he released on probation of

good conduct or placed under the care of any

'p

or without surety, that court nny require, for the

good behaviour a.nd well-being of thechild for any

period not cxccedi.ng three years;

(c) make an order directing the child to he sent to a special school for the period until he ceases to be ;), child :

Provided that the children's court may, for reasons to be recorded, extend the period of such stay, but in no case the period, of stay shall extend beyond' the time when the child-attains the age of eighteen yea1'Sin the case of a boy or twenty years in the case of a girl:

Provided further that the. children's court may, if it is satisfied that having regard to the nature of the offence and the circumstances of the case it is expedient so to do, for reasons to be recorded, reduce the period of stay to such period as it thinks fit;

(d) order the child to pay a fine if he is over fourteen years of age and earns money.·

(2) Where an order under clause (b) or clause (d) of sub-section

(I) is made, the children's court hUy, if it is of opinion that in the interest of the child and of the public -it is expedient so to do" in additon make an order that the delinquent child shall remain under the supervision of a: probation officer named in the order during such period, not excc-cding three years, as may be. specified therein and may in such supervision order or impose such con- ditions M it deems ncccs,~.ry lor the due: supervision uf the dciin'lucilt ch'ild; Prov idcd that if ~t anv time alr crwards it ~PJll'.1rS to the children's court: on receiving 3. rep"I-t from liw pro\.>,1.t;(>I1.officer or ot hcrvise-, th~t: the delinquent child has nut he en o/' g()oJ heh;\\ lour dIning tlw pcrio.l of supervision, it mav, .,i'tl'l' n1?king such inquirv as ·it deems lit, o rdcr th,~ delinquent child to b~~sent to a sp'~~ial sehouL '

(3) The children's court makillg a WpcrV1SIOil order undel- sub-section (2) shall explain to the: Lhild and. the parent, guardian or other fit person, as the ease may be. under whose o.I'C the child has been p[;l<:ed, the terms and conditions' of the order and shall forthwith furnish one cop)' of the supervision order to the child, the parent, guardian Of ot'h er fit pcrwli, as the case may be, the sureties, if a.ny, and the probation officer. (4-) In determining the special school or a.ny person to whose custody a child is to be committed or entrusted under' this Act; the court shall pay due regard to the religious denomination of the child to ensure that religious instruction contrary to the religious persuasion of the child is not imparted to him.

25, (1) Notwithstanding :mything to the contrary contained in any other law for the time being in force, no delinquent child shall be sente- nced to death or imprisonment, or committed to prison in default of payment of fine Dr in default, of furnishing security:

9

9

Provided that where a child who bas attained the age of fourteen years has conunitted an of-fence and the children court is satisfied that the ofFence committed is or 50 serious a nature or that: his conduct and behaviour have been such that it would not be in his interest or in the inte- rest of other c],ilrlrcn in a special school to send him to such special school and rhat none of the other measures provided under this Act is suitable 01"

sulficicnt. the children's court: lllily order the delinquent child to be kept in safe cw;tocly in such place and manner as it thinks fit and shill! report the case for the orders of the Government.

(2) On receipt of a report from a children's court under sub- section (I), the Government may make such arrangement in respect of the child as it deems proper and may order such delinquent child to be detained at such place anti on such conditions as it thinks fit:

Provided that the period of detention so ordered shall not exceed the maximum period of imprrsonment to which the child could have been sentenced for the olfence committed. .

26. Notwithstanding anything to the contrary contained in the Code of Criminal Procedure, 1898, no proceeding shall be instituted and no order shall be passed against a child under Chapter V!II of the said Code.

Proceedillg

uniier Chapter

Vl/I oj the

Criminal Pro:

ceduie Code

IlJt competent

against child.

No joint trialc:J '!.7. (I) Notwithstanding anything contained in section 239 of Srf1898. child and the Code of Criminal Procedure, 1898 or in any other law for the person not a time heing in force, no child shall be charged with or tried for any offence child, together with a person who is not a child,

(2) If a child is accused of an offence for which, under section S rf 1898. ? 39 of the Code of Criminal Procedure, 1898 or

Power ~rpoljce.

rz.fJicers to

administer

wal'llirJ8·

RCJJJOI'Q I rif

disqu(/lifica~

tion attaching

to convict.ioll.

Special proYi~

sion in respect

oj'pendi/J[j

cases.

28. Any Police Officer not below the rank of 8 sub-Inspect .r, if he is of opinion that any offence reported or suspected to have been (0i11- mitted by a child is not: of a serious nature or that it is not a repetition of a previous offence already committed by the child, may, notwithstanding anything coni ain.x] in cnv other pn.vi,.ioli of this Act or in anyother law for the time being in force and subject to such restrictions and limitations as may be pescribed, let such child off after adrninistering suitable \varing to such child;

Provided that every case in which a child-ls so let off shall forthwith be reported by such police officer to the children's court stating the reasons for not investigating the case or not proceeding with the investi- g~.tion of the case, as the case may be.

2'j. Notwithstanding anythil1g cotaincd in any other law, a child who has committed an offence and has been dealt with under the pro- visions of this Act shall not suffer disqualification, if any, attaching to a con- viction of an offence under such other law.

30. Notwithstanding anything contained in this Act, all pro- ceedings in respect of a child pending in any cour-t-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 Ends that the child has committed a11. offence, it shall record such finding, and instead of passing any sentence in respect of the child, forward the child to the children's court which shall pass orders in i:espect of that child in accordance with the pro- visions of this Act as if it had. been ~tisfled on inquiry· under this Act that the child has committed the offence.