THE KERALA CHILDREN ACT, 1972
(Act 3 of 1973)
Preamble.
Sections.
CONTENTS
CHAPTER I
Preliminary
1. Short tltle, extent and commencement.
2. Definitions.
3. Continuation of mquiry m respect of child who has ceased to be child.
CHAPTER II
, · Competent authorities and Institutions for Children
4 Children's courts
5. Procedure, etc., m relation to children's courts.
6. Powers of children's court
7 Procedure to be followed by a magistrate not empowered under the Act.
8. Children's homes.
9 Special schools.
10 Observation homes.
11. Aftercare organisations
CHAPTER III
Neglected Children
12 Production of neglected children before children's courts.
13 Special procedure to be followed when neglected child has parent
14 Inquiry by children's court regarding neglected children.
15 Power to commit neglected child to suitable custody.
16. Uncontrollable children. /
1
I
I
J
I
I
1
~ ~ ' • Sections
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
CHAPTER lV Delinquent Children Bail and custody of children. Information to parent or guardian or probation officer. Inquiry by children's court regarding delinquent children.
Orders that may be passed regarding delmquent children.
Orders that may not be passed against delinquent children.
Proceeding under Chapter VIII of the Criminal Pro- cedure Code not competent against child. No joint trial of child and person not a child. Power of police officers to administer warning. Removal of disqualification attaching to conviction. Special Provision in respect of pending cases.
CHAPTER V
Procedure of competent authorities generally and appeals and revision from orders of such authorities
27. Sittings etc, of children's courts
28. Persons who may be present before competent authority.
29. Attendance of parent or guardian of child.
30. Dispensmg with attendance of ch1ld.
31. Committal to approved place of child suffering from dangerous disease and its future disposal
32. Presumption and determination of age
33 Circumstances to be taken into consideration in mak- ~ ing orders under the Act.
'
34. Sending a child outside jurisdiction
35. Reports to be treated as confidential
36 Prohibition of publication of names, etc of children involved m any proceeding under the Act.
37. Appeals.
2
'6 Sections
38 Revision
39. Procedure in inquiries, appeals and revision procee- dings.
40 Power to amend orders.
CHAPTER VI
Special offences in respect of Children
41 Punishment for cruelty to child
42. Employment of children for begging
43. Penalty for giving intoxicating hquor or dangerous drug to a chtld
44. Exploitation of child employees
CHAPTER VII
Miscellaneous
45. Power of the Government to discharge and transfer children
46. Transfers between children's homes, etc , under the Act and children's homes, etc , of like nature in different parts of India.
47. Transfer of children suffering from leprosy or tuber- culosis or of unsound mind
48. Placing out on licence.
49. Provision in respect of escaped children.
50. Child not to be handcuffed or fettered
51. Contribution by parents.
52. Control of custodian over child
53. Delmquent child undergoing sentence at the com- mencement of the Act.
54. Appointment of officers
55. Officers appointed under the Act to be public servants.
56. Procedure in respect of bonds
57. Delegation of powers.
58 Protection of action taken in good faith
59. Central Act 8 of 1897 and certain provision of Central Act 5 of 1898 not to apply.
60. Power to make rules.
3
7
THE KERALA CHILDREN ACT, 1972 • (Act 3 of 1973)
An Act to provzde for the care, protectwn, maintenance, welfa1·e, trammg, educatwn and rehabtlttatwn of neglected or delmquent children and for the trial of delmquent chtldren
m the State of Kerala
Preamble -WHEREAS it Is expedient to provide for the care, protectiOn, mamtenance, welfare, trammg, education and rehabilitatiOn of neglected or delinquent children and for the trail of delmquent children m the State of Kerala , BE It enacted m the Twenty-third Year of the Republic of India as follows . -
CHAPTER I
Preliminary
~ 1 Short title, extent and commencement -(1) This Act
..J. - may be called the Kerala Children Act, 1972
(2) It extends to the whole of the State of Kerala
(3) It shall come into force on such date as the Govern- ment may, by notification m the Gazette, appomt, and different dates may be appomted for different proviSIOns of this Act or for different areas of the State
2 Definztwns -In this Act, unless the context otherwise requires,-
( a) ''authonsed person· means a person authorised by the Government under sub-sectwn (1) of section 12,
(b) "beggmg" means- ft) sohcitmg or receivmg alms in a pubhc place or entermg on any pnvate premises for the purpose of sohcitmg or receivmg alms, whether under the pretence of smgmg, dancmg, fortune-tellmg, performmg tricks or sellmg articles or otherwise , or
• Published m the Gazette Extraordmary No. 207, dated 9th .iVJ arch 1973
3/28-2
8
(ii) exposing or exhibiting with the object of obtaining or extorting alms any sore, wound, injury, defor- mity or disease, whether of himself or of any other person or of an animal , or
(tti) allowmg onself to be used as an exhibit for the purpose of soliciting or receiving alms; ~.
(c) "brothel", "prostitute", "prostitution'' and "pubhc place" shall have the meanmgs respectively assigned to them in the Supresswn of Immoral Traffic m Women and Girls Act, 1956 (Central Act 104 of 1956),
(d) "chlld" means a boy who has not attained the age of sixteen years or a girl who has not attained the age of eigtheen years and when used with reference to a child sent to a children's home or special school applies to that child durmg the whole penod of the stay, notwithstanding that during the period of such stay, the child may have attained the above age hmit;
(e) "children's court" means a court constituted under sect10n 4;
(f) "children's home'' means an institution established or certified by the Government under section 8 as a children's home,
(g) "competent authonty" means a children's court and includes m respect of any area for which no ch1ldren's court has been constituted any Magistrate empowered under sub- sectiOn (2) of sect10n 6 to exercise the powers conferred on a children's court by or under this Act;
(h) "dangerous drug" shall have the meanmg assigned to It m the Dangerous Drugs Act, 1930 (Central Act 2 of 1930),
(i) "delmquent child" means a child who has been found to have committed an offence;
( J) "guardian", in relation to a child, mcludes any person who, m the opinion of the competent authonty having cogmzance of any proceedmg m relation to a child, has, for the time being, the actual charge of, or control over, that child,
(k) "neglected child" means a child who-
(z) is found begging; or '(: -
I
~ - ... -
9
(ii) is found without having any home or settled place of abode or any ostensible means of subsistence or is found destitute, whether he 1s an orphan or not; or
(iii) has a parent or guardian who is unfit to exercise or does not exercise proper care and control over the chtld , or
(iv) lives m a brothel or w1th a prostitute or frequently goes to any place used for the purpose of prosti- tutlOn, or is found to assoc1ate w1th any prosti- tute or any other person who leads an Immoral, drunken or depraved life ,
(l) "observation home ' means any institutiOn or place established or recogmsed by the Government under section 10 as an observatwn home ;
(m) "offence'' means an offence punishable under any law for the t1me bemg m force ;
(n) "prescnbed" means prescribed by rules made under this Act,
( o) "probation officer'' means an officer appointed as a probation officer under th!s Act or under the Probation of Offenders Act, 1958 (Central Act 20 of 1958) ,
(p) "special school" means an mshtution estabhshed or certified by the Government under section 9 ;
(q) "supervisiOn", in relation to a child placed under the care of any parent, guardian or other fit person under this Act, means the supervision of that child by a probatiOn officer for the purpose of ensuring that the child is properly looked after and that the cond1tions imposed by the competent autho- rity are complied w1th,
(r) all words and expressions used but not defined m this Act and defined in the Code of Crimmal Procedure, 1898 (Central Act 5 of 1898), shall have the meanings assigned to them in that Code
3 Contmuatzon of inquzry in respect of child who has ceased to be child -Where an inqu1ry has been 1mtiated against a child and during the course of such inquiry the child ceases to be such, then, notw1thstandmg anything contamed m this Act or in any other law for the time bemg m force, the mquiry may be continued and orders may be made in respect of such person as 1f such person had continued to be a child. 3f28-2a
6
10
CHAPTER II
Competent authorities and institutions for children
4 Chlld1·en's courts.-(1) Notw1thstandmg anything con- tamed in the Code of Cnmmal Procedure, 1898 (Central Act f> of 1898), the Government may, by not1ficat10n m the Gazette, constitute for any area spectfied m the notificatwn, one or more ch1ldren's courts for exerctsmg the powers and discharging the duties conferred or 1mposed on such court under th1s Act
(2) A children's court shall consist of such number of Magistrates forming a Bench as the Government thmk fit to appoint, of whom one shc;~ll be designated as the senior magistrate and not less than one shall be a woman , and every such Bench shall have the powers conferred by the Code of Crrminal Procedure, 1898 (Central Act 5 of 1898), on a Magistrate of the first class
5. Procedure, etc, m relation to children's courts -(1) In the event of any difference of opmion among the magistrates of a chtldren's court, the opmion of the majority shall preva1l, but where there is no such maJority, the opimon of the senior Magistrate shall prevatl
(2) A chtldren's court may act notwithstanding the absence of any magistrate and no orders made by the children's court shall be mvalid by reason only of the absence of any magistrate, dunng any stage of the proceedmg
(3) No person shall be appOinted as a mag1strate of a chtldren's court unless he has, in the opimon of the Govern- ment, special knowledge of child psychology and chtld welfare.
6 Powers of children's court -(1) Where a children's court has been constituted for any area, such court shall, notwithstandmg anythmg contamed m any other law for the time being m force but save as otherwtse expressly provided in this Act, have power to deal exclusively with all proceed- ings under th1s Act relatmg to neglected children and delm- quent children
(2) Where no children's court has been constituted for any area, the powers conferred on the children's court by or under th1s Act shall be exercised m that area only by the following. namely :- '
(a) the dtstnct mag1strate; m·
(b) the sub-diviswnal magistrate ; or
(c) any mag1strate of 1he first clas~. ~- ·-
I
4
jJ
I
I
I
~ - l1
(3) The powers conferred on the children's court by or under this Act may also be exerc1sed by the H1gh Court and the court of sesswn, when the proceedmg comes before them in appeal, reviswn or otherw1se.
7 Procedure to be foUowed by a magtstmte not em- powered under the Act -(1) When any magistrate not em- powered to exercise the powers of a children's court under this Act is of opmion that a person brought before him under any of the provisions of this Act ( otherw1se than for the purpose of g1vmg evidence) IS a child, he shall record such opimon and forward the chlld and the record of the proceedmg to the competent authonty havmg JUrisd1ct10n over the proceedmg.
(2) The competent authonty to wh1ch the proceed1ng is forwarded under sub-sectwn (1) shall hold the mquiry as 1f the child had origmally been brought before 1i.
8 Chtldren's homes.-(1) The Government may establish and mamtam as many ch1ldren's homes as may be necessary, for the receptwn of neglected children under this Act
(2) Where the Government are o:£ opmion that any mstltutwn other than an mstltut10n estabhshed under sub- section (1) 1s fit for the receptiOn of the neglected ch1ldren to be sent there under this Act, they may certify such mstitution as a children's home for the purposes of th1s Act
(3) Every chidren's home to which a neglected child is sent under this Act shall not only provide the ch1ld w1th accommodation, maintenance and fac1hties for educatiOn, but also provide him With fac1lities for the development of his character and abilities and give him necessary trammg for protectmg himself agamst moral dangers or expl01tatlon and shall also perform such other functions as may be prescribed.
(4) The Government may, by rules made under this ~ Act, provide for the management of ch1ldren's homes and the circumstances under which, and the manner in which, the certificate of a children's home may be granted or withdrawn.
9 Specwl schools -(1) The Government may establish and mamtam as many special schools as may be necessary for the reception of delinquent ch1ldren under this Act.
8
12
(2) Where the Government are of opm10n that any institution other than an mstitutwn established under sub- section (1) IS fit for the receptiOn of the dehnquent children to be sent there under th1s Act, they may certify such instl- iutwn as a special school for the purposes of this Act
(3) Every special school to which a delmquent child is sent under this Act shall not only prov1de the child with accommodatiOn, mamtenance and fac1htles for education but also provide h1m w1th facilities for development of h1s character and abihties and g1ve h1m necessary traming for his reformation and shall also perform such other functiOns as may be prescnbed
(4) The Government may, by rules made under this Act, provide for the management of special schools and the circumstances under which, and the manner m wh1ch, the certificate of a special school may be granted or withdrawn
10 Observatwn homes -(1) The Government may esta- blish and mamtam as many observatiOn homes as may be necE>ssary for the temporary reception of cluldren durmg th€ pendency of any mqmry regardmg them under this Act
(2) Where the Government are of opm10n that any mstitut10n other than an mstitutiOn established under sub-section
(1) IS fit for the temporary receptiOn of ch1ldren durmg the pendency of any mqu1ry regardmg them under th1s Act, they may recogmse such mstltutwn as an observation home for the purposes of th1s Act.
(3) Every observatiOn home to which a child is sent under this Act shall not only provide the child With accom- modation, maintenance and facihties for medical examination and treatment, but also provide him w1th facilities for useful occupation.
(4) The Government may, by rules made under this Act, provide for the management of observatiOn homes and the circumsances under wh1ch, and the manner In which, an institution may be recogmsed as an observation home or the recogmtion may be withdrawn
11 Aftercare organisatwns -(1) The Government may, by rules made under this Act, provide for the establishment or recogmtion of aftercare organisations and may vest them with
I
I
I
'!I
I
I
1
13
such powers as may be necessary for effectively carrying out their functions under this Act.
(2) Every such orgamsation shall take care of the children when they leave children's homes and shall, for the purpose of enabling them to lead an honest, mdustnous and useful life, take all such measures as It may deem necessary or as may be prescnbed
CHAPTER Ill
Neglected children
12. Production of neglected ch1ldren before ch1ldren's courts.-(!) If any pollee officer or any other person authorised by the Government m th1s behalf by general or special order, is of opimon that a person IS apparently a neglected child, such pollee officer or other person may take charge of that person for brmgmg h1m before the children's court.
(2) When information is given to an officer-m-charge of a police station about any neglected chlld found withm the limits of such station, he shall enter m a book to be kept for the purpose, the substance of such mformatlon and take surh action thereon as he deems fit and If such officer does not pro- pose to take charge of the chlld, he shall forward a copy of the entry made to the chiidren·s court.
(3) Every child taken charge of under sub-section (1) shall be brought before the children's court withm a penod of twenty-four hours of taking such charge excluding the time necessary for the journey from the place where the child had been taken charge of, to the children's court.
(4) Every child taken charge of under sub-sechon (1) shall, unless he Is kept with his parent or guardian, be sent to an observatwn home (but not to a police station or jail) unhl he can be brought before a children's court
13. Special procedure to be followed when neglected child has parent -(1) If a person, who in the opimon of the polic.; 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 authonsed person may, instead of takmg charge of the child, make a report to the children's court for initiating an inquiry regardmg that child.
)4
(2) On receipt of a report under sub-section (1), the children's court may call upon the parent or guardian to produce the child before 1t and to show cause why the cluld should not be dealt with as a neglected child under the pro- viswns of th1s Act and If It appears to the chtldren's court that the chtld 1s likely to be removed from its JUnsdlctlon or to be concealed, 1t may tmmedtately order Ius removal (If necessary by tssmng a search warrant for the 1mmed1ate productiOn of the child) to an observatwn home
14 Inquiry by chtldren' s couTt regardmg neglected children -(1) When a person alleged to be a neglected child ts produced before a children's court, 1t shall examme the pollee officer or the authonsed person who brought the child or made the report and record the substance of such exammatwn and hold the inqmry m the prescnbed manner and may make such orders m relation to the ch1ld as 1t may deem fit Provided that before holdmg such mqmry the children'~ courts shall direct the probatwn officer to furmsh It with a report regardmg the antecedents and famlly history of the ch1ld and other matenal circumstances hkely to be of assts- tance to the court m holdmg the mqmry
(2) Where a children's court 1s satisfied on mquiry that a child Is a neglected child and that It ts exped1ent so to deal wtth htm,- the children's court may make an order directmg the child to be sent to a children's home for the period unt1l he ceases to be a child
Provided that the ch1ldren 's court may, for reasons to be recorded, extend the perwd of such stay, but m no case the period- of stay shall extend beyond the time when the chllrl attams the age of eighteE:n years m the case of a boy and twenty years m the case of a girl
Provided further that the children's court may, 1f it is satisfied that having regard to the circumstances of the case it is expedient so to do, for reasons to be recorded, reduce th..o period of stay by such penod not exceedmg two years as 1t thinks fit
(3) During the pendency of any inqmry regarding a child, the ch1ld shall, unless he Is kept with hts parent or guardian, be sent to an observation home for such penod as may be specified in the order of the chtldren's court:
i
I
I
' l l
I
I -
11
'
IS
Provided that no child shall be kept with his parent or guardian If, m the opmwn of the children's court, such parent or guardian IS unfit to exercise or does not exercise proper care and control over the child
15 Power to commzt neglected cluld to suztable custody -(1) If the children's court so thmks fit, It may, mstead of makmg an order under sub-sectwn (2) of sectwn 14 for sendmg the child to a children's home, make an order placmg the child under the care of a parent, guardian or other fit person, on such parent, guardian or fit person executmg a bond with or without surety to be responsible for the good behavwur and \\ell bemg of the child and for the observance of such conditions as the children's court may thmk fit to Impose
(2) At the tlme of makmg an order under sub-sechon
(1) or at any tlme subsequently, 1he children's court may, m additwn, make an order that the child be placed under superv1s10n for any period not exceedmg three years m the first mstance
(3) Notwithstandmg anythmg contamed m sub-sectwu
(1) or sub-section (2), lf at any tlme It appears to the children's court on receivmg a report from the probation officer or other- Wise, that there has been a breach of any of the conditwn.;; Imposed by It m respect of the child, It may, after makmg such mqmry as It deems fit, order the child to be sent to a children's home
16 Uncontrollable chzldren -Where a parent or guardian of a child complains to the children's court that he Is not able to exercise proper care and control over the child and the children's court IS satisfied on mqUiry that proceedmgs under this Act should be Imtlated regardmg the child, It may send the child to an observatwn home and make such further mqUiry as It may deem fit, and the provisions of section 14 and sectwn 15 shall, as far as may be, apply to such proceedmgs.
CHAPTER IV
Delinquent cluldren
17 Bazl and custody of chzld1·en -(1) When any person accused of a bailable or non-bailable offence and apparently a child IS arrested or detamed or appears or IS brought before a children's court, such person shall, notwithstanding anythmg
12
16
contained in the Code of Criminal Procedure, 1898 (Central Act 5 of 1898) or m any other law for the tlme being m force, be released on ball with or without surety, but he shall not be so released if there appear reasonable grounds for bellevmg that the release 1s llkely to bnng him mto association with any reputed crimmal or expose him to moral danger or that his release would defeat the ends of JUStice.
(2) When such person having been arrested is not released on bail under sub-section (1) by the officer-in-charge of the pollee statwn, such officer shall cause him to be kept m an observatiOn home in the prescnbed manner (but not m a pollee station or Jail) untll he can be brought before a children's court.
(3) When such person IS not released on ba1l under sub-section (1) by the children's court, it shall, instead of comm1ttmg htm to pnson, make an order sendmg him to an observatiOn home for such period dunng the pendency of the mqmry regardmg him as may be specified m the order
18 Information to parent or guardian or probation
"1_' officer -Where a chtld 1s arrested, the officer-m-charge of the pollee statwn to whtch the child Is brought shall, as soon as may be after the arrest, mform-
( a) the parent or guardian of the child, if he can be found, of such arrest and direct him to be present at the children's court before wh1ch the ch1ld w1ll appear , and
(b) the probation officer, of such arrest in order to enable him to obtam information regardmg the antecedents and frumly history of the child and other material circumstances hkely to be of assistance to the children's court for makmg the inquiry.
19 Inquiry by children's court regarding delinquent children -Where a child having been charged with an offence appears or is produced before a children's court, the children's court shall hold the inqmry in accordance wtth the provisions ~- of section 39 and may, subject to the provisions of this Act, make such order in relation to the child as it deems fit
20 Orders that may be passed regarding delinquent chtldren.-(1) Where a children's court is satisfied on inqmry that a child has comnutted an offence, then, notw1thstandmg
17
anything to the contrary contained in any other law for the trme bemg m force, the chtldren's court may, tf It so thmks fit-
' (a) allow the chtld to go home after advice or admoni tlon ;
\" (b) direct the chtld to be released on probation of good conduct and . placed under the care of any parent, guardian or other fit person, on such parent, guardian or other fit person executmg a bond, With or without surety, as that court may reqmre, for the good behavwur and well-being of the chtld for any penod not exceedmg three years ,
(c) make an order directing the child to be sent to a special school for the penod untll he ceases to be a child :
Provided that the chtldren's court may, for reasons to be recorded, extend the perwd of such stay, but m no case the period of stay shall extend beyond the time when the child attams the age of eighteen years m the case of a boy or twenty years m the case of a girl :
Provided further that the chtldren's court may, if it ts satisfied that having regard to the nature of the offence and the circumstances of the case It ts expedient so to do, for reasons to be recorded, reduce the period of stay to such penod as it thmks fit ; ·
(d) order the chtld to pay a fine If he 1s over fourteen years of age and earns money.
(2) Where an order under clause (b) or clause (d) of sub-sectwn (1) IS made, the children's court may, if it IS of opmion that in the mterest of the chtld and of the publlc tt ts expedient so to do, m additwn make an order that the delinquent chtld shall remain under the supervision of a probatwn officer named in the order durmg such penod, not exceeding three years, as may be specified therem and may m such supervision order impose such conditions as It deems necessary for the due supervision of the delinquent child :
Provided that if at any time afterwards it appears to the children's court on receiving a report from the probation officer or otherwise, that the delinquent child has not been of good behaviour during the period of supervision, it may, after making such inquiry as 1t deems fit, order the delmquent chtld to be sent to a special school.
18
(3) The children's court makmg a supervision order under sub-sectiOn (2) shall explam 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 officer
(4) In determmmg the special school or any person to whose custody a child IS to be committed or entrusted under this Act, the court shall pay due regard to the rehgwus deno- mmahon of the child to ensure that rehgwus mstruction contrary to the rehgwus persuasion of the child is not Im- parted to him
21. Orders that may not be passed agamst delmquent chzldren -(1) Notwithstandmg anythmg to the contrary con- tamed m any other law for the time bemg m force, no delin- quent child shall be sentenced to death or imprisonment, or committed to pnson m default of payment of fine or in default of furmshmg security. ~J
Provided that where a child who has attained the age of fourteen years has committed an offence and the children's court IS satisfied that the offence committed IS of so seriOus a nature or that his conduct and behaviour have been such that It would not be in his interest or m the mterest of other children m a special school to send him to such special school and that none of the other l'Tl.easures provided under this Act IS suitable or sufficient, the children's court may order the delmquent child to be kept m safe custody m such place and manner as 1t thmks fit and shall report the case for the orders of the Government
(2) On receipt of a report from a children's court, under sub-sectiOn (1), the Government may make such arrangement m respect of the child as they deem proper and may order such delinquent child to be detamed at such place and on such conditiOns as they think rit .
Prov1ded that the penod of detention so ordered shall not exceed the maximum penod of Imprisonment to which th~ child could have been sentenced for the offence comm1tted
19
22 Proceedmg under Chapter VIII of the Cnmina~ Procedure Code not competent agamst chtld.-Notw1thstandmg anythmg to the contrary contained m the Code of Cnminal Procedure, 1898 (Central Act 5 of 1898), no proceedmg shall be mst1tuted and no order shall be passed against a ch1ld under
V Chapter VIII of the said Code
23 No 70mt trwl of ch1ld and person not a child-
(1) Notw1thstandmg anything contamed in section 239 of the Code of Crtmmal Procedure, 1898 (Central Act 5 of 1898) or in any other law for the tlme being m force, no ch1ld shall' be charged w1th or tried for any offence together w1th a person who is not a child.
(2) If a child 1s accused of an offence for wh1ch, under section 239 of the Code of Cnminal Procedure, 1898 (Central Act 5 of 1898) or any other law for the time being in force, such ch1ld and any person who 1s not a child would, but for the prohibition contained m sub-section (1), have been charged and tned together, the court takmg cogmzance of that offence :.. shall direct separ.ate trials of the child and the other person. '
24. Power of police officers to admmister warning -Any police officer not below the rank of a Sub Inspector, 1f he IS of opmion that any offence reported or suspected to have been committed by a child 1s not of a serious nature or that 1t 1s not a repetitiOn of a previOus offence already committed by the child, may, notwithstanding anythmg contamed m any other provision of th1s Act or m any other law for the tlme being in force and subJect to such restrictiOns and hm1tations as may be prescribed, let such ch1ld off after administermg suitable warnmg to such chtld'
Provided that every cac:;e in which a chtld is so let off shall forthwith be reported by such police officer to the chtldren's court stating the reasons for not mvestigating the case or not proceedmg With the mvestigatton of the case, as the case may be
25 Removal of disqualification attaching to convictwn- Notw1thstandmg anythmg contained m any other law, a child who has committed an offence and has been dealt wtth under the provtsions of th1s Act shall not suffer disqualification, if any, attachmg to a conviction of an offence under such other law.
20
26. Special proVtswn in respect of pending caMes.-Not- withstandmg anythmg contained in this Act, all proceedings in respect of a child pendmg in any court in any area on the date on wh1ch th1s Act comes mto force m that area, shall be continued m that court as 1f this Act had not been passed and If the court finds that the ch1ld has committed an offence, it shall record such findmg and mstead of passmg any sentence m respect of the child, forward the ch1ld to the children ~~ court wh1ch shall pass orders in respect of that ch1ld m accordance with the provisions of this Act as If 1t had been satisfied on inq mry under th1s Act that the ch1ld has com- mitted the offence
CHAPTER V
Procedure of competent authorities generally and appeals and revision from orders of such authorities
27. Sittmgs etc, of children's courts -(1) A children's co:.~rt shall hold 1ts s1ttmgs at such place, on such day anrl in such manner, as may be prescnbed.
(2) A magistrate empowered to exercise the powers of a children's court under sub-sectwn (2) of section 6 shall, while holdmg any mqmry regarding a child under th1s Act, as far as practicable, sit m a building or room different from that m which the ordmary sittmgs of civ1l and cnminal courts are held, or on different days or at times different from those at which the ordmary s1ttmgs of such courts are held
28. Persons who may be present before competent authority -(1) Save as provided in th1s Act, no person shall be present at any sittmg of a competent authority, except- (aJ any officer of the competent authonty; or
(b) the parties to the inquiry before the competent authority, the parent or guardian of the child and other persons directly concerned in the inquiry including police- )io.. officers , or
(c) such other persons as the competent authority may permit to be present.
(2) Notwithstanding section (1), If, at any stage anything
during an
contained
inquiry a
m sub-
competent
21
authority considers it to be expedient in the interest of the child or on grounds of decency or morality that any person includmg the police officers, legal practitioners, the parent, guardian or the child himself should withdraw, the competent authonty may g1n such directwn 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
(3) No legal practit10ner shall be entitled to appear before a competent authonty in any case or proceedmg before it, except With the special permission of that authority.
29 Attendance of parent or guardian of chtld -Any competent authonty 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 havmg the actual charge of, or control over, the child to be present at any proceeding in respect of the child
30 Dtspensing with attendance of child -If, at any stage during the course of an inqmry, a competent authonty is satisfied that the attendance of the child is not essential for the purpose of the mquiry, the competent aulhority may dispense with his attendance and proceed With the mquiry in the absence of the child
31 Commtttal to approved place of chtld suffering from dangerous dtsease and it<; future dtsposal -(1) When a child who has been brought before a competent authority under this Act IS found to be suffering from a disease requiring prolonged medical treatment or physical or mental complamt that will respond to treatment, the competent authonty may send the child to any place recognised to be an approved place in accordance With the rules made under this Act for such period as it may thmk necessary for the required treatment
(2) Where a child is found to be suffering from leprosy or is of unsound mind, he shall be dealt with under the provi- sions of the Lepers Act, 1898 (Central Act 3 of 1898) or the Indian Lunacy Act, 1912 (Central Act 4 of 19 12), as the case may be
(3) Where a competent authority has taken action under sub-sectiOn (1) in the case of a child suffermg from an infectious or contageous disease, the competent authority
22
before restormg the said child to his partner in marriage, if there has been such, or to the guardian, as the case may be, shall, where It Is sahsfied that such actwn will be m thfl mterest of the said child, call upon his partner m marnage o;· the guardian, as the case may be, to satisfy the competent authonty by submitting to medical exammatwn that such partner or guardian wlll not re-mfect the cluld m respect of whom the order has been passed.
32 Presumptwn and tietermmatwn of age -(1) Wher
1t appears to a competent authonty that a person brought before it under any of the provisions of tlus Act (otherwise than for thE. purpose of giving evidence) Is a child, the competent authonty shall make due mqmry as to the age of that person and for that purpose shall take such evidence as may be necessary and. shall record a findmg whether the person 1s a ch1ld or not, statmg his age as nearly as may be
(2) No order of a competent authonty shall be deemed to have become mvahd merely by any subsequent proof that the person m respect of whom the order has been made is not a child, and the age recorded by the competent authority to be the age of the person so brought before It shall, for the purpose of this Act, be deemed to be the true age of tha':
person
33 Czrcumstances to be taken znto conszderatzon zn mak. zng orders under the Act -ln makmg any order m respect of a child, under this Act, a competent authonty shall take mto consideratwn the followmg Circumstances, namely
(a) the age of the chlld ,
(b) the circumstances m which the child Is hvmg,
(c) the reports made by the probatiOn officer ,
(d) the rehgwus persuaswn of the ch1ld,
(e) such other circumstances as may, m the opmwn of the competent authonty, reqmre to be taken mto considera- tion m the mterests of the child
Provided that m the case of a delinquent child, the above circumstances shaH be taJ{en mto consideratwn after the competent authonty has recorded a findmg agamst the ch1lC:
that he has committed the offence.
Y1
1 .
'
1
I
' l ...,.._j _j
23
Provided further that 1f no report of the probation officer is receiVed within ten weeks of h1s bemg directed under sect1on 14 or of his being mformed under section 18, it shall be open to the competent authonty to proceed without the report of the probatwn officer
34 Sendmg a chtld outside JUrisdtction -In the case of a neglected or delmquent child whose ordmary place of residence lies outs1de the ]unsd1ctwn of the competent authority before wh1ch he 1s brought, the competent authority may, 1f satisfied after dw~ inqUiry that 1t 1s exped1ent so to do, send the child back to a relative or other person who is fit and willmg to receive .him at his ordinary place of residence and exercise proper <"are and control over h1m, notwithstanding that such place of residence 1s outs1de the JUrisdlctwn of the competent authority, and the competent authonty exerc1smg junsdict!On over the place to which the ch1ld 1s sent shall m respect of any matter arismg subsequently have the same powers in relation to the ch1ld as 1f the origmal order had been passed by 1tself
35 Reports to be treated as confidenttal -The report of the probatwn officer or any Circumstance considered by the competE·nt authority under section 33 shall be treated as confidential ·
Provided that the competent authonty may, 1f 1t c;o thmks fit, commumcate the substance thereof to the child or h1s parent or guardian and may g1ve such ch1ld, parent or guardian an opportumty of producing such evidence as may be relevant to the matter stated m the report
36 Prohtbitwn of publlcation of names, etc , of children involved m any proceedzng under the Act -(1) No report in any newspaper, magazine or news sheet of any mquiry regard- ing a child under th1s Act shall d1sclose the name, address or school or any other particulars calculated to lead to the identification of the child, nor shall any p1cture of any such ch1ld be published
Prov1ded that for reasons to be recorded in wnting the authonty holdmg the inquiry may perm1t such disclosure if in 1ts opimon such disclosure is in the interest of the child
(2) Any person contravening the provisions of sub· sectiOn (1) shall be pumshable with fine which may e~tend to one thousand rupees.
3/28-3
24
37 Appeals.-(!) Subject to the provisions of this section, any person aggrieved by an order made by a competent authonty under this Act may, within thirty days from the date of such order, prefer an appeal to the court of sessiOn :
Provided that the court of session may entertain the appeal after the expiry of the said penod of thirty days If it is satisfied that the appellant was prevented by sufficrent caus-2 from prefernng the appeal m time.
(2) No appeal shall lie from- ( a) any order of acqmttal court m respect of a child alleged offence, or
made by the children's
to have committed an
(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
38 Remswn.-The High Court may, at any timE:, either of its own motion or on an application received in this behalf, call for the record of any proceedmg m whrch any competent authonty or court of sesswn has passed an order, for the purpose of satlsfymg Itself as to the legality or propriety of any such order and may pass such order in relation thereto as Jt thmks fit ·
Provided that the Htgh Court shall not pass an order under this sectwn prejudicial to any person without giving him a reasonable opportumty of being heard.
39 Procedure m inquiries, appeals and revzswn procee- dmgs -(1) Save as otherwise expressly provided by this Act, a competent authonty while holding any inquiry under any of the provisions of this Act, shall follow such procedure as may be pre"Scribed and subJect thereto, shall follow, as far as may be, the procedure laid down m the Code of Criminal Procedure, 189-8 (Central Act 5 of 1898), for trials in summons cases
(2) Save as otherwise expressly provided by or under this Act, the procedure to be followed in hearing appeals or revision proceedings under this Act shall be, as far as practi- cable. m accordance with the provisions of the Code of Criminal Procedure, 1898
(
y ' J
I
~ l
I
l
(
J
0
25
40. Power to amend orders -(1) W1thout prejud1ce 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 ch1ld is to be sent or as to the person ...-· under whose care or supervision a child is to be placed under this Act.
(2) Clerical mistakes in orders passed by a competent authority or errors ansing therein from any accidental slip or omission n'lay, at any t1me, be corrected by the competent ~uthority either on 1ts own motwn or on an application received 111 -this behalf
CHAPTER VI
Special offences in respect of children
41 Punishment for cruelty to chHd.-(1) Whoever, having the actual charge of, or control over, a child, assaults, abandons, exposes or w1lfully neglects the child or causes or \'Y procures him to be assaulted, abandoned, exposed or neglected in a manner likely to cause such ch1ld unnecessary ll).ental and phys1cal suffering, shall be punishable w1th imprison- ment for a term wh1ch may extend to s1x months, or w1th fine, or with both.
(2) No Court shall take cognizance of an offence punish- able under sub-sectwn (1) unless the complamt 1s filed With the previous sanction of the Government or an officer authorised by them m th1s behalf
42 Employment of children for beggmg -(1) Whoever employs or uses any child for the purposes of beggmg or causes any child to beg shall be pumshable with imprisonment for a term whtch may extend to one year, or with fine, or with both.
(2) Whoever, having the actual charge of, or control over, a child, abets the commission of the offence punishable under sub-section (1) shall be pumshable With 1mpnsonment for a term which may extend to one year, or with fine, or with both
(3) The cognizable 3/28-3a offence punishable under this section shall be '
'
26
43. Penalty for gzvmg mtoxicating liquor or dangerous drug to a chtld.-Whoever gives, or causes to be given, to any child any mtoxicatmg liquor m a public place or any dangerous drug, except 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 two hundred rupees.
44. Exploztatwn of child employees -Whoever ostensibly procures a child for the purpose of any employment and W!lth- holds the earning of the child or uses such earning for his own purposes shall be punishable with fine which may extend to one thousand rupees.
CHAPTER VII
Miscellaneous
45. Power of the Government to discharge and transfer children -(1) The Government may, notwithstanding anythmg 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 thmk fit to impose
(2) The Government may, notwithstanding anything contamed in this Act, order-
( a) a neglected child to be transferred from on.• 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 school, 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 spemal school 0r children's home or borstal school · Provided that the total period of the stay of the child in a special school or ch1ldren's home shall not be increased by such transfer
. (3) ~he Government may, notwithstanding anything contamed m this Act, at any time, discharge a child from the l
I
I
~ \
I
i
I
l t !
yl i
1
l
I
(
·-~
23
27
·care of any person under whom he was placed under this Act, either absolutely or on such conditlOns as the Government may thmk fit to rmpose.
46. Transfers between children's homes, etc., under the Act and children's homes, etc., of Ztke nature m dttferent parts
•· of India.-(1) The Government may dtrect any neglected child or delmquent child to be transferred from any clltldren's home or spectal school within the State of Kerala to any other cluldren's home, spectal school or mstltution of a like nature m any other State with the consent of the Government of that State.
(2) The Government may, by general or spectal order, provide for the recept10n in a children's home or special school of a neglected ch1ld or delmquent child detained m a children's home or spectal school or mstltut10n of a hke nature m any other State, where the Government of that State makes an order for such transfer, and upon such transfer the provisions of th1s Act shall apply to such child as If he had been origmally ordered to be sent to such children's home or special school under this Act
47 Transfer of chtldren suffering from leprosy or tuberculoszs or of unsound mind.-(1) Where it appears to the Government that any child kept in a children's home or special school m pursuance of this Act is suffermg from leprosy or tuberculosis or Is of unsound mmd, the Government may order his removal to a leper asylum or T. B Sanatonum or Mental hosp1tal or other place of safe custody for being kept there for the remainder of the term for which he has to be kept m custody under the orders of the competent authority or for such further penod as may be certified by a medical officer to be necessary for the proper treatment of the child.
(2) Where it appears to the Government that the child is cured of leprosy or tuberculosis or of unsoundness of mind, the Government may, if the child is still liable to be kept m custody, order the person having charge of the child to send him to the spec1al school or children's home from wh1ch he was removed, or, 1£ the chtld 1s no longer hable to be kept m custody, order h1m to be dtscharged.
48 Placmg out on lzcence -(1) When a child is kept in a children's home or spedal school, the Government may, if
28
they think fit, release the ch1ld from the children's home or special school and grant him a wntten licence for such penod and on such conditiOns as may be specified m the hcence permittmg him to hve with, or under the supervision of any responsible person named m the licence, willing to receive and take charge of him w1th a view to educate h1m and train him for some useful trade or calling.
(2) Any hcence so granted under sub-section (1) shall be m force for the penod specified m the licence or until revoked or forfeited by the breach of any of the conditions on wh1ch it was granted
(3) The Government may, at any time, by order in wntmg 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 other children's home or special school and shall do so at the desire of the person w1th whom or under whose supervisiOn the chlld has been permitted to live m accordance with a licence granted under sub-section (1). ( 4) When a l1cence has been revoked or forfeited and the child refuses or falls to return to the children's home or special school to which he was directed so to return, the Government may, if necessary, cause him to be taken charge of and to be taken back to the children's home or spec1al school
(5) The time during which a child is absent from a children's home or spec1al school m pursuance of a licence granted under this sectwn shall be deemed to be part of the time for which he IS hable to be kept m custody m the children's home or special school:
Provided that when a child has failed to return to the children's home or special school on the licence being revoked or forfeited, the time which elapses after his failure so to return shall be excluded m computing the t1me during wh1ch he IS liable to be kept m custody.
49 Promsion m respect of escaped children.-Notwith- standmg anything to the contrary contained in any other law for the time bemg m force, any pohce officer may take charge with- out 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
I
I
I
~~ - I
I
I
' ,_j
29
the children's home or spec>~.al school or that person, as the case may be, and no proceedmg shall be mstituted m respect of the ch1ld by reason of such escape, but the ch1ldren's home, special school or the person may, after g1vmg the mformatwn to the competent authonty wh1ch passed the order m respect ;"':' to the competent authonty wh1ch passed the order m respect deemed necessary.
50. Child not to be handcuffed or fettered.-No child either neglected or dehnquent shall be handcuffed or fettered.
51. Contnbutwn by parents.-(1) The competent authonty wh1ch makes an order for sendmg a neglected child or a delmquent child to a chlldren's home or special school or placmg the child under the care of a fit person may make an order reqUlrmg the parent or other person hable to mamtain the child to contnbute to his maintenance, if able to do so, m the prescnbed manner.
(2) The competent authonty before making any order under sub-sectwn (1) shall mqUlre mto the circumstances of ~ the parent or other person hable to mamtam the child and shall record evidence, lf any, m the presence of the parent or such other person, as the case may be.
(3) The person hable to maintrun a child shall, for the purpose of sub-section {1), mclude, m the case of Illegitimacy h1s putatlve father :
Provided that where the child 1s 1llegitrmate and an order for his maintenance has been made under section 488 of the Code of Crrmmal Procedure, 1898 (Central Act 5 of 1898), the competent authority shall not ordmanly make an order for contnbution agamst the putat1ve father, but may order the whole or any part of the sums accrumg due under the said order for maintenance to be paid to such person as may be named by the competent authonty and such sum shall be pa1d by him towards the maintenance of the ch1ld. ( 4) Any order made under this section may be enforced in the same manner as an order under section 488 of the Code of CUlmmal Procedure, 1898 (Central Act 5 of 1898).
52. Control of custodian over chHd.-Any person in whose custody a ch1ld 1s placed in pursuance of this Act shall, while the order IS in force, have the hke control over the child
30.
as he would have If he were his parent, and shall be responsible for his mamtenance, and the child shall contmue m his custody for the penod stated by the competent authonty, notWithstandmg that he IS clarmed by his parent or any other person
Provided that no child while in such
married except w1th the permission of
authority
custody shall be
the competent
53 Delmquent chtld undergomg sentence at the commencement of the Act.-In any area m which this Act Is brought mto force, the Government may direct that a delm- quent ch1ld who IS undergomg any sentence of Imprisonment at the commencement of this Act shall, m heu of undergo10g such sentence, be sent to a special school or be kept in safe custody 10 such place and manner as the Government thmk fit, for the rema10der of the penod of the sentence , and the provisiOns of this Act shall apply to the child as if he had been ordered by a children's court to be sent to such special school or as the case may be, ordered to be detamed under sub-sectiOn (2) of sectwn 21
54 Appomtment of officers -(1) The Government may appomt as many probation officers, officers for the inspectiOn of children's homes, special schools, observatiOn homes or aftercare orgamsatwns and such other officers as they may deem necessary for carry10g out the purposes of this Act
(2) It shall be the duty of the probatwn officer-
(a) to mquire, 10 accordance With the directiOn of a competent authonty, 10to the antecedents and family history of any neglected child or of any child accused of an offence, With a view to assist the authonty m makmg the 10qUiry;
(b) to visit neglected and delinquent children at such 10tervals as the probatiOn officer may think fit ,
(c) to report to the competent authority as to the behavwur of any neglected or delinquent child ;
(d) to advise and assist neglected or delinquent children and, If necessary, endeavour to find them suitable employment ;
(e) where a neglected or delinquent chtld Is placed under the care of any person on certam conditions, to see whether such cond1tlons are bemg complied with; and
(f) to perform such other duties as may be prescribed.
1
I
I
I
)
-'t1 I
I
l l ' ......._i
.
i
I
I
·l
I
27
(3) Any officer empowered m this behalf by the Govern- ment may enter any children's home, special school, observation home or aftercare orgamsat10n and make a complete mspectlon thereof m all Its departments and of all papers, registers and accounts relatmg thereto and shall ,.. submit the report of such mspectwn to ·the Government.
55. Officers appomted under the Act to be public servants -Probatwn Officers and other officers appomted m pursuance of this Act shall be deemed to be public servantis Wil.thin the meaning of sect10n 21 of the Indian Penal Code (Central Act 45 of 1860)
56. Procedure m respect of bonds -The provisions o.l Chapter XLII of the Code of Crimmal Procedure, 1898, shall, as far as may be, apply to bonds taken under this Act
57 Delegatzon of powers.-The Government may, by general or special order, direct that any power exercisable by them under this Act shall, m such Circumstances and under such conditlOns, lf any, as may be specified m the order, be ~· exercisable also by an officer subordmate to the Government
58. Protectwn of actwn taken m good fmth.-No sUit or other legal proceedmg shall he agamst the Government or any probat10n officer or other officer appomted under this Acl in respect of anythmg which IS m good faith done or mtended to be done m pursuance of this Act or of any rules or orders made thereunder
59. Central Act 8 of 1897 and certam provzszon of Central Act 5 of 1898 not to apply -(1) The Reformatory Schools Act, 1897 (Central Act 8 of 1897) and sectwn 29B and sectwn 399 of the Code of Crimmal Procedure, 1898 (Central Act 5 oi 1898), shall cease to apply to any area m which this Act has been brought mto force.
_...... (2) The Orphanages and other Chantable Homes (Superviswn and Control) Act, 1960 (Central Act 10 of 1960), shall not apply to any children's home, special school or observation home established and mamtamed under this Act.
60 Power to make rules.-(!) The Government may, by notlficatnon in the Gazette, make rules to carry out the purposes of tlus Act.
28
32
(2) In particular, and without prejudice to the generahty ot the foregomg power, such rules may prov1de for all or any of the followmg matters, namely.- ( a) the places at wluch, the days on wh1ch, the time at w.hll.ch, and the manner m which, a competent authonty may hold its sittings ;
(b) the procedure to be followed by a competent authonty m holdmg mqumes under this Act, and the mode of dealing w1th children !-Uffenng from dangerous diseases or mental complaints;
(c) the circumstances in which, and the conditions subject to which, an mstitution may be certified as a children's home or a special school or recogmsed as an observation home, and the certificatiOn or recognition withdrawn ,
(d) the mternal management of children's homes, special schools and observation homes ;
(e) the functions and responsibilities of children's homes, special schools and observatiOn homes ,
(f) the mspectwn of children's homes, special schoosl, observatiOn homes and aftercare orgamsations ,
(g) the establishment, management and functions oi aftercare organisatiOns, the circumstances in which, and the conditions subject to which, an institution may be recognised as an aftercare organisation ;
(h) the qualifications and duties of probation officers ,
(i) the recrmtment and training of persons appointed to carry out the purposes of this Act and the terms and conditiOns of their service ;
(J) the conditiOns subJect to which a girl who Is a neglecteci or delmquent chtld may be escorted from one place to another, and the manner m which a child may be sent outside the JUrisdiction of a competent authority ,
(k) the manner m which contribution for the mam- tenance of a child may be ordered to be paid by a parent or guardian;
'
(l) the conditions under which a child may be placed out on licence and the form and conditions of such licence ;
1
~~
I
..A-! - I
(m) the condition-s subject to -which children may be placed tmder the care of any parent, guardian or other fit person tmder this Act and the obligations of such personc; towards the children so placed ,
(n) any other matto which has to be , or may oc, prescnbed
(3) Every rule made under this section shall be laid. as soon as may be after It 1s made, before the Legislative Assembly, while 1t is m <>esswn for a total penod of fourteen days which may be compnsed m one sessiOn or m two succes- sive sessions, and lf, before the exp1ry of the sesswn m which it 1s so laid or the sesswn Immediately followmg, the Legtsla- tlve Assembly makes any mod1ficat1on m the rule or decide~ that the rule should not be made, the rule shall thereafter have effect only in such modified form OI be of no effect, as the case may be; so however that any such modificatiOn or annulment shall be without preJUdice to the vahd1ty of any- thing prevwusly done under that rule.
61 Repeal and savmgs -The Madras Children Act, 1920 (Madras Act IV of 1920), as m force m the Malabar d1stnct referred to m sub-section (2) of sectwn 5 of the States Re- orgamsatlon Act, 1956 (Central Act 37 of 1956), the Travancore Children Act, 1120 (XXXII of 1120) and the Cochin Children Act, (XXXVI of 1111 ), are hereby repealed · Prov1ded that the repeal shall not affect-
( a) the prevwus o~eratwn of any law so repealed or anythmg duly done or suffered thereunder , or
(b) any nght, privilege, obligation or habihty acquired, accrued or incurred under any law so repealed , or
(c) any penalty, forfeiture or punishment incurred m respect of any offence committed against any law so repealed , or
(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or pumshment as aforesaid, and any such mveshgation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed, as if this Act had not been passed
'
30