The ASSAM CHILDREN ACT, 1970

64 
(2) This section shall remain in force till the 
31st day ot March, 1971: 
Provided that the expiration shall not affect-
{a) the previous operation of, or anything duly 
done or suffered under this section ; or 
(b) any right, privilege, obligation or liability 
acquired, accrued or incurred under this 
section; or 
(c) any penalty, forfeiture or punishment incurred 
in respect of any offence committed against 
this section ; or 
( d) any investigation, legal proceeding or remedy 
in respect of any such right, privilege, 
obligatio,1, liability, penalty, forfeiture or 
punishment as aforeaaid; 
and any such investigation, legal proceeding 
or remedy may be instituted, continued or 
enforced, and any such penalty, forfeiture 
or puni~hment may be imposed as if this 
section had not !:xpired. 
Repeal and 3.(1) The Assam Agricultural Income-tax Ordinance 
saving. (Amendment) Ordinance, 1971 is hereby repealed. of 1971. 
(2) Notwithstanding such repeal, anything done 
or any action taken under the Assam Agricuitural 
Income-tax (Amendment) Ordinance, 19 71, shall be 
deemed to tave been done or taken under this 
Act as if this Act has commenced on the 
second day of January, 1971 (the date of promulgation 
of the Ordinance). 
ASSAM ACT XII OF 1971 
THE ASSAM CHILDREN ACT, 1970 
(Received the assent of the President on the 20th April, 1971) 
Published in the Assam Gazette, Extraordinary, dated the 28th April 1971] 
An 
Act 
to provide for the care, protection, maintenance, health, welfare 
training, education and rehabilitation of neglected or 
delinquent children and for the trial of delinquent 
children in the State of Assam 
Preamble. Whereas it is expedient to provide for the care, 
protection, maintenance, health, welfare, training, 
education and rehabilitation of neglected or delinquent 
children and for the trial of delinquent children in the 
State of Assam ; 
it is hereby enacted in the Twenty-first Year of the 
Republic of India as follows:-
CHAPTER I 
PRELI MINAR\' 
Short title, 1 (1) This Act may be called the Assam Children 
exteat and ' 
eommencc- .Act, 1970. 
meat. 
(2) It ext e nd~ to the whole of the State of Assam. 
(3) It shall come into force on such date as the 
State Government may, by notification in the official 
Gazette, appoint and different dates may be appointed 
for different areas of the State. 
Definition; 2. In this Act, unless there is anything r"pugnant 
in th e subject or context:-
(a) "Begging" means begging as defined in the Assam Act 
Assam Prevention of Begging Act, 1964 ; XVIII of 1964. 
(b) "Board" means a Child Welfare Board con· 
stituted under section 4 ; 
(c) «Broiflel", "Prostitute", "Prostitution' · and 
"Public Place" shall have the meanings 
respectively assigned to them in the Sup- Central Act 
pression of Immoral Traffic in Women 104 of 1956. 
and Girls Act, 195'.J ; 
(d) "Child" means a boy who has not attained 
the age of sixteen years or a girl who 
has not attained the age of righteen 
years ; 
(e) "Children's Court" means a court constitu· 
ted under section 5 ; 
(f ) "Children's Home'' means an institution 
established or certified by the State 
Government under section 9 as a Chil-
dren's Horne ; 
I (g) 
66 
"Competent authority" means, in relation 
to neglected children, a Board constitu· 
ted under section 4 and, in relation to 
delinquent children a Children's Court 
constituted under section 5, and wh~ 
no such Board or Children's Court has 
been constituted , includes any Court 
empowered under sub-section (2) of 
section 7 to exercise the powers confer. 
red on a Board or Children's Court ; 
(h) "Dangerous drug" shall have the meaning 2 of 1930• 
assigned to it in the Dangerous Drugs 
Act, 1930 ; 
(i) "Delinquent Child" means a child who has 
been found to have committed an 
offence ; 
( j) "Guardian" in relation to a child, includes 
any person who, in the opinion of the 
compet ent authority having cognizance 
of any proceeding in relation to a child, 
has, for the time being, the actual ch:arge 
of, or control over, that Child ; 
~ k) "Neglecte d Child" means a Child who•-
(i) is found begging ; or 
(ii) is found wi thout having any home o::­
settlecl place of abode or any ostensible 
means of subsisteIJce or is found des­
titu1e; whether he is an orphan or 
not; o;; 
(iii) has a parent or guardian who is unfit to 
exercise or does not exercise proper 
care and control over the child ; or 
11v) lives .in a brothel or with a prostitute or 
frequently goes to any place used for 
the purpose of pro stitution, or is found 
to associate with any prostitute or any 
other p~rson who leads an immoral, 
drunken or depraved life. 
(I) "Observation Home" means any institution 
or place established or recognised by the 
State Government under section 11 as 
an Observation Home ; 
_s. 
67 
(m) "Offence" means an offence punishable 
under any law for the time being in force, ; 
1 n \ "Prescribed" means prescribed by rules 
made under this Act ; 
"Probation Officer" means an Officer ap-(o) 
pointed as a Probation Officer under this 20 of l95S. 
Act or under the Probation of Offenders 
Act, 1958 ; 
(p) "Special School" means an institution 
established or certified by the State 
Government under section 10 : 
\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 
conditions imposed by the competent 
authority are complied with ; 
(r\ all words and expression used but not defin­
ed in this Act and defined in the Code of 
Criminal Procedure, 1898 shall have the 
meanin gs assigned to them in that Code . 
Gont~nua~ion 3. Where an inquiry has been init;ated against a 
?f mquiry child and during the course of such inquiry the child 
•n respect b h h · h d. h. of Child ceases to e sue , t en, notw1t sta.n mg anyt rng con· 
who has tained in ~this Act or in '.l.ny other law for the time 
ceased t? being in force, the inquiry may be continued and_ orders 
be a child. may be made in respect of such person as if such 
perso n had continued to be child. 
CHAPTER II 
COMPETENT AUTHORITIES AND INSTITU­
TION FOR CHILDREN 
Cluld Wei· 4. (1) The State Government may, by notification 
fare Boards. in the Official Gazette, constitute for any area speci­
fied in the notification , one or more Child Welfare 
Boards for exercising the powers and discharging the 
duties conferred or imposed on such Board in relation 
to neglected children under this Act. 
(2) Board shall consist of a Chairman and such 
other members as the State Government thinks fit to 
appoint, of whom not less than one shall be a woman; 
5 of 1898. 
Chifdren's 
Courts. 
68 
and every such member shall be vested with the 
powers of a Magistrate under the Code of Criminal 5 of l<t98. 
Procedure, 1898. 
(3) The Board shall function as a Bench of Magis­
trates and shall have the powers conferred by the 
Code of Criminal Procedure, 1898, on a Magistrate 5 of 1898. 
of the First Class, 
5. (1) Notwithstanding anything contained in the 
Code of Criminal Procedure ,1898, the State Govern- 5 of 1898. 
ment may, by notification in the Official Gazette, con-
stitute fnr any area specified in the notification, one or 
more Children's Courts for exercising the powers and 
discharging the duties conferred or imposed on such 
court in relation to delinquent children under this 
Act. 
(2) A Children's Court shall consists of such number 
of Magistrates forming a Bench as the State Govern-
. ment thinks f:tt to appoint, of whom one shall be deaig­
nated as the Senior Magistrale and not less than one 
shall be a woman: and every such Bench shall have the 
powers conferred by the Code of' Criminal Procedure, 5of1958. 
1898, on a Magistrate of the First Class. 
Proc~dure, 6. (1) In the event of any difference of opinion among 
etc._, m rela · the members of a Board or among the Magistrates of 
tion to Ch'ld ' C h · · f h · · h 11 Boards and a 1 ren s ourt, t e op1111on o t e maJOr1ty s a 
Children's prevail, but where there is no such majority, the 
Courts. opinion of the Chairman or of the Senior Magistrate, 
as the case may be, shall prevail. 
(2) A Board or Children's Court may act notwith­
standing the absence of any member of the Board or, 
as the case may be, any Magistrate of the Children's 
Court and no order made by the Board or Children's 
Court shall be invalid by reason only of the absence 
of any member or Magistrate, as the case may be, 
during any stage of the proceeding. 
(3J No person shllll be appointed as a mernbe1 of 
the Board 01 as a Magistrate in the Children's Court 
unless he has, in the opinion of the State Government 
special knowledge of child psychology and child 
welfari:. 
7. (1) Where a Board or a Children's Court has been 
constituted for any area, such Board or Court shall, 
notwithstanding anything contained in any other law 
for the time being in force but save as otherwise 
expressly provided m this Act, have power to oeal 
exclusively with all pro-.eedings under this Act 
relating to ne~lected children cir delinquent children, 
as the case may be. 
69 
(2) Where no Board or Children's Court has been 
constituted for any a 1 ea, t he pow ers conferred on the 
Board or the Children's Court b y or under this Act 
1hall be exercised in that ar ea, only by th e followi ng, 
namely: -
(a) the Distri ct Magistrate; or 
(b)' the Subd ivisional Mag istra te ; o r 
(<') an y Magist ra te of th e First Class. 
(3) T he pow ers conferred on the Board or Chil· 
dren's Cou rt by c·r l\Dder th is Act may also be 
exercised by the High Court and the Court of Ses,ion, 
when the proce.:ding comes before the m in appeal, 
revisi on or otherw ise. 
Proceaure 8. ( !) 'When any M agistra te not empowered to 
t~ b~ fol~w- exerci se t he powers of a Board or a Ch ild ren's Court 
~istraie n~~ under th is :\ct is o f opin ion that a pe rson brought 
emp owered before him un der any of the prov isions of this Act 
under this (oth erw ise than for th :'! purpose of ~ iving evid enc e) is a 
Act. chil d, he sha ll rt cord such opini on a nd forwa rd the 
chil d and the record of th e p roceedin g to the 
comp ete nt auth ority having j u.ri.sdiction over the 
procee di ng. 
(2) The compete nt a uthority to which the pro. 
ceeding is forwarde d unde r s ub-section (1) shall hold 
the enq uiry as if the child had origi nally been brought 
befor e it. 
c hi1dren'1 9. (I ) T he Sta te Gove rnment may estab lish and 
Homes. maintain as many Chilrl ren's H omes as may be necl' S• 
Sary for the reception of neglected chi ld ren under 
thi s A ct. 
(2) Where th e State Governm ent is of opm10n 
that an y I nstit ution othe r t han an Inst itu tion est a· 
b lished u nd er sub -section (1 ) is fit fo r the recepti on 
of t l1e negl ect ed cbi ldrt:n t o be sen t t h t.re under th is 
Act , it ni.ay cert ify such Institution as a Chi ldren's 
H ome for the purposes of this Act . 
(3) E \·ery Ch ildre n's Hom e to which a n eglect ed 
child is sent under this Act shall not on ly provide 
th e child with accommo dation, ma in tenance and faci li­
ties for edu cation , prot ection-a nd pro rr: otion of healt 'i, 
bu t a lso provide him with facilities for the develo p• 
ment ofhi s cha1a cter and abi lities a nd g ive him 
nec essary trainin g for pro tect ing him self against mo r;,.l 
dang ers or exp loitat ion mid sha ll also perfo rm such 
oth er functi ons as may be pres cribed, 
( 
Special 
Rchoola. 
70 
(4) The State Government may, by rules made 
under this Act , provide for the management of Chil­
dren's Home s and the circumstances under which, and · 
the mann er in wh ich, the certificate of a Children's 
Home may be granted or withdrawn. 
10. ll) The State Government may establish and 
maintain as manv Special Scho ols as may be necessary 
for the recept ion of delinquent children under this 
Acf , 
(2) Where the State Government is of opinion 
. that any Instituti on othe r than an Institution e~ta· 
bfoh ed und er sub-section (1) is fit for the rec eption 
of the delinqu ent children t o be sent the re under this 
Act, it may certify such Institu .tion as a Specia l School 
for the purpos es of this Act. 
(3) Every Special School to which a delinquent 
child is sent und er th is Act shall not only provide the 
child with accom moda tion , m >intenance and facili­
ties for the ed uca ti0n, pr0 tec1ion and promotion of 
health Liut also prov ide him with facilities for the 
developm ent of his c haracter and &bilities and give 
him neces ~ary tr ain ing for his reformation and shall 
.i.lso pe rfor m such uth er functions as may be pres· 
cribed. 
(4) The State Government may, by rules made 
under this Act, pr ovide for the management of Spe· 
cial Schools and the circumstance> under which, 
and the manner in which, the certifi cate of a Special 
School 'llay be granted or withdrawn. 
< > Lservation 11. ( l) The State G 0vernm ent niay establish and 
11omes. maintain as m 1ny Obse rvation Homes as may be 
necessary for the temporary reception of children 
during the pc:nden cy of any inquiry rega rding them 
under this Act. 
(2) Wher e the State Gov ernment is of opinion 
that any inslituti un other than an instit1ition e~tabli­
shed uncler sub -sect im (l ) is fit for the temp orary 
reception of children during the pendency of any 
inquiry reg arding them und er this Act, it may recog· 
nise such ins tituti on a s an Obs ervation Hcrr;e for 
the purposes of this Act. 
(3) Every Observation Home to which a child 
is sent under thi s Act, shall net onl y provide the child 
with acc omm odation, mai11tenance and facilities ior 
medical examinati cn and treatm ent, bu t also PNvide 
him with facilities for usefol occupation. 
( 4.) Th e State Government may, by rules made 
\IDder _ ~his Act, provide for the management of 
.. 
After-Care 
Organ i sa­
tion. 
7i 
Observation Homes and the circumstances under 
whichand the manner in which , an institut ion may 
be recognised as an Observation Home or the recogni­
tion may be withdrawn. 
12. (1) The Stat e Government may, by rules made 
under this P.ct, provide for the establishment or re· 
cognition of After-care Organisa tio us and may vest 
them with such pow ers as may be nec essary for effec· 
tively carrying out their func tions under this Act. 
(2) Every such organis :ition shall take care of 
the children when t hey leave Chil dren 's Homes or · 
Special Schools and shall , for the purpos e of enabling 
them to lead an hone st, in dustrious and useful life, 
take all such measures as it may deem necessary or as 
may be prescribed. -
CHAPTER III 
NEGLECTED CHILDREN 
Production 13. (1) If any pol ice officer or any other person 
of ne~Iect- authorised bv th,; State Gove rnment in this behalf, 
ed children b l - · 1 d · f · · } b e f 0 e y genera or spec1a or er, 1s o op1mon t 1at a person 
Board;, is apparently a neglected child, such police officer or 
other person may take charge of tint person for bring• 
ing him before a Board. 
(2) When information is given to an officer-in· 
charge of a police station about any neglected child 
found within the limits of such station , he ~ ha II enter 
in a book to be kept for th~ purpo se the substance of 
such information and take such action thereon as he 
deems fit and if such officer does not propose to take 
charge of the child, he shall forward a copy of the 
entry made to the Board. 
(3) Eve ry chil d taken charge of under sub-sec· 
tion (1) shall be brought before the Board within a 
period of twenty-four hou rs of such charge taken 
excluding the time nece ssary for the journey from the 
place where the child had been taken charge of 
to the Board. 
(4) Every child taken charge of under sub .. 
section ( J) shall unless he is kept with his parent or 
guardian, be sent to an Observation Horne (but no't 
rn a police station or jail) until he can be brought 
before a Board. 
Spedcial probe· 14. (1) If a person, who fo the opinion of the 
cc ure to 1· ffi h h . d . 1 d fo 1 low e d po ice o cer or t e aut onse person 1s neg ecte 
when neg- child, has a parent or guardian who has the actual 
lected child charge of, or control over the child, the police officer 
has parent . or the auth01ised person may, instead of taking charge 
of the child, make a report to the Board for initia~ing 
an inquiry regarding that child, 
(2) On receipt of a report under sub-section 
ll), the Board may call upon tbe pa rent or guardian 
to produce the child before it and to show cause why 
the child should not be de alt with as a neglected child 
under the provisions of this Acl and i,f it appears to the 
Board that the child is likely 10 be removed from its 
jurisdiction or to be concealed, it may immediately 
order his removal (if necessary by issuing a search 
warrant for the immediate production of the child) 
to an Observ ation Home. 
Inquiry by 
Board re- 15. ( 1) When a person alleged to be a neglected child 
garding n~g- is produced before a Buard, it shall exam .in e the 
~cted chi!- police officer or the authorised person who brought 
ren. the child or made the report and record the substance 
of surh examination and hold the inquiry in the 
prescribed manner and may make such orders in 
relation to the child as it may deem fit. 
(2) Where a Board is satisfied on inquiry that a 
child is a neglected child and that it is expedient so to 
deal with !tim, the Board may make an order 
directing the child to be sent to a Children's Home 
for the period until he ceases to be a child : 
Provided that the Board may, for reason to be 
recorded, extends the period of such stay, but in no 
case the period of stay shall be extended beyond 
the time when the child attains the age of eighteen 
years, in the case of a boy, or twenty years, in the 
case of a girl: 
Provided further that the Board may, if it is 
satisfied that having regard to the circumstances of 
the case it is expedient so to do, for reasons to be 
recorded, reduce the period of stay to such period 
as it thinks fit. 
(S) During the pendency of any inquiry regarding 
a child, the child shall, unless he is kept with his 
parent or guardian, be sent to an Obsenation Home 
for such period as may b:: specified in the order of the 
Board: · 
Provided that no child shall be kept with his pareflt 
Or guardian, if, m the opinion of the Board, such 
parent or guardian is unfit to exercise or does not 
exercise proper care and control over the child. 
c~!':ft n::. 16.-(1) If t~ e Board so thinks fit, it may, instead 0 ( 
lected child making an order under sub-section (2) of section 15 
to suitable for sending the child to a Children's Home, make 
~ustody. an ordev placing the child under the care of a 
73 
p!!rent, guardian or other fit person, on such parent, 
guardian or fit permn execu ting a bond witl:l ~ or 
without surety to b e resp onsible for the good 
behaviour and well- being of the ch ild and for the 
observance of such condition as the Board may think 
fit to impose. 
(2) At the time of makin g an order under sub­
section (1 l or at any ti me su bsequen tly, the Board may, 
in adoition m ake an orde r th at the child be placed 
under supervision for any period not exceeding three 
years in the first instance. 
(3) Notwithstanding anything contain ed in sub­
section ( 1) or "" i '.secti on (2), if at any tim e it 
appears to the Board, on receivin g a report from the 
probation officer or otherwise, that there has been a 
breach of any of the conditions imposed by it in 
respect of the chi ld, it may, after making such 
inquiry as it deem fit, order the child to be sent 
to a Children's Home. 
Uncontrol- 17. Wher e a parent or guardian of a child com-
able children plains to the Hoard tha t he is not able to exercise 
proper care and control over the child and the .Board 
is satisfied on inquiry th at procee dings under this 
Act should be initiated regarding the child, it may 
sent the child to an Observ ation Home and make 
such further inquiry as it may deem fit and the pro· 
vision$ of section 15 and section 16 shall, as far as may e 
be, apply to such proceedings. 
CHAPTER IV 
DELINQ UENT CHILD REN 
Bail and 18. ( 1) When any person accused of a bailable or 
custodv of non-bailable offence and apparently a child is arrested 
children. .or detained or appears or is brought before a 
Children's Court, such person shall, notwithstanding 
anything contained in the Code of Criminal 
Procedure, 1898, or in any other law for the 5 of 1898 
time being in force, be released on bail 'A-ith or with-
out surety but he shall not be so released if there 
appears reasonable grounfls for believing that the 
release is likely to bring him into association with any 
reputed criminal or expose him to moral danger or 
that his release would defeat the ends of justice. 
(2) When such person having been arrested is 
not released on bail under sub -section (I ) by the 
Officer-in-charge of tht> Polic e Station, such officer 
shall cause him to be kept in an Observation Home 
in the prescribed manner (fiut not in a P.olice Station 
or Jail) until he ran be brought before a Children's 
Oourte 
(3) When such person is not released on bail 
under sub-section (I) by the Children's Court, it shall, 
instead of committing him to prison, make an order 
sending him to an Observation Home for such period 
during the pendenc y of the inquiry regarding him as 
may be ~pecified in the order. 
Informa. 19. Wh ere a child is arrested the Officer-in-charge 
tion to pa- of the Police Station to which the child is brought 
1 e ndt. 0 r shall, as soon as may be after the arrest, inform­guar 1an or 
probation 
officer. (a) The parent or gc1ardian of the child, if he 
can be found, of such arrest and direct 
him to be present at the Children's Court 
before which the child will appear ; and 
(b) the probati on officer of such arrest in order 
to enable him to obtain information 
regarding the antecedents and family 
history of the child and other material 
circumstancts likely to be of assistance to 
the Children':> Court for making the 
enquiry. 
Inquiry by 20. Where a child having been charged with an 
Childre n' 5 offence appears or is produced before a Children's 
~i~~rt ~~~;~."Court, the Children's Court shall hold the enquiry in 
quent chil- accordance with the prov isior.s of section 39 and may, 
drca. subject to the provisi ons of this Act, make such order 
in relation to the child as it deems fit. 
Orders that 21. (1) Where a Children 's Court is satisfied on 
be p~sed re- inquiry that a child has committed an offence, then, 
g.ardmg dhe~1 notwithstandin g anything to the contrary contained 
lmquent c 1 •• h 1 r h · b · · r h dr.a m any ot er aw 1or t e time em,g m 1orce, t e 
· Children's Court may, if it so thinks fit-
( a) allow the chi ld to go home after advice 
or admonition ; 
(b) dll'ect .the child to be released on probation 
of good conduct anci placed under the care 
of any parent, guardian or other fit person 
on such parent, guardian or other fit person 
executing a bond, with or without surety 
as that court may uquire, for the good 
behaviour and well-being of the child for 
.any period not exceeding three years ; 
(c) make an order directing the child to be 
sent to a Special School-
(i) in the case of a boy over fourteen years 
of age or of a girl over sixteen years 
of age, for period not le~s than three 
years; 
(ii) in the case of any other child, for the 
p~riod until he ceases to be a child; 
75 
Provided that the Children's Court may, if it 
is satisfied that having regard to the nature of 
the offence and the circumstances of the case it is 
expedi ent so to do, for reasons to be recorded, 
reduce the period of sta y to such period as it 
thinks fit: 
Provided further that the Children's Court may, 
for reason s to be recorded, extend the period of 
such stay, but in no case the period C'f st<1.y shall 
ext end beyond the time when child at tains the 
age of eighteen years, in the case of a boy , or 
twenty years, in the case of a gir l; 
(d) order the child to pay a fine if he is 
over fourteen years ot age and earn 
money. 
(2) Where an order unde r claus e (b) or clause ( d) 
cf sub-s ection (1) is made, the Children's Court 
may, if it is of opin ion that in the interest of the 
ch ild and of public it i§ expedient so to do, in 
additi on to m ? ke an order that the delinquent child 
shall remain under the supervision of a probation 
Office r named in the order during m ch i:eriad, 
not exceeding three years as may be specified 
therein , and may in such supervision order impose 
such condit ions as it deems necessary for the due 
sur ervi sion of the delinquent child : 
Provi ded that if at any tim~ afte rwards it 
appears to the Children's Court on receiving a 
report from the Probation Officer or otherwise, 
that foe delinquent child has not been of good 
behaviour dud ng the period of supervision, it may, 
after making such enquiry as it deems fit, order 
the delinquent child to be · sent to a Special 
School. 
(3) The Chi;dren's Court making a supervi sion 
order under section (2) shall expla in to the child and 
the parent, gua1di an or other fit person as the 
c.qse may be, und er whose car e the ( hild has 
been plaud, the t< rms and conditions of the order 
and shall forthwith foroish one copy of the super­
vision order to the child, the pa1 ent. guard ian or 
other fit person, as the case may be, the sureties, 
if any, under Probati on O fficer . 
(4) In determining the Special School, or any 
person to whose custody a ch ild is to be committed 
or entrusted und er this Act, the court sh all pay 
due regard to the relig ious denominatian of the 
child to ensure that rel igious instru ct ion contrary 
to 1 he rdigiou s persuasion Qf the; child is not 
Imparted to him . 
• 
-
76 
Orders that 22. (1) Notwithstanding anythiilg to the contra• 
may not be ry contained in any other Jaw for the time being 
paas~edt d 1. in force, no delinquent child shall be sentenced gains e in- d h . · · d · quent chi!- to eat or 1mpr1sonment, or comm1tte to prison 
dren. in default of payment of fine or in default of 
furnishing :security: 
Provider! that where a child who has attained the 
age of fourteen years has committed an offence 
and the Children's Cou rt is satisfied tha t the offence 
committee! is of so serious a nature or that his conduct 
and behaviour have been such that it would not be 
in his interest or in tni:: interest of other children in a 
Special School to send him to such Special School and 
that none of th e othe r m easures provicled under this 
Act is suitable or sufficient, the Children's Court may 
order the delinquent child to be kept in safe custody 
in such place and manller as it thinks fit and shall 
report the case for the orders of the State Government. 
(2) On receipt of the report from Children's Court 
under sub-section (1) the State Government may make 
such arrangem ent in respect of the child as it deems 
proper and may order such delinquent child to be de­
tained at such place and on such conditions as it 
thinks fit: 
Provided that the period of detention so ordered 
shall not exceed the maximum period of imprison­
men t to which the child could have been sentenced 
for the offence committ ed . · 
Proceeding 23. Notwithsta nding anything to the contrary con-
under Chap. tained in the Code of Criminal · Procedure, 1898 5 of 1898 
ter VIII of d' h ll b · • d d d the Criminal no procee mg s a e mst1tute an no or er 
Procedure shall be Passed against a child un ~er Chapter VIII of 
Code not Criminal Procedure Code, 1898, by the said court. competent 
against child. 
NoJom ttrial 24.(1) Notwithstanding anything contained in sec-
ofchiid and tion 239 of the Code of Crim:nal Procedure, 1898, 5of1898 
pe~son not a or any other Jaw for th r time being in force, 
child. no child shall be charged with or tri ed for any offence 
together with person who is not a child. 
(2) If a child is accused of an offence for which 
under section 239 of the Code of Criminal Procedure, 
1898, or any other law for the time being 5 of 1898 
in force , such child and any person who is not a 
child would . but for the prohibition contained in sub-
!lection (1), have been charged and rited together, the 
court taking cognisance of that offence shall direct se-
parate trials of the child and the other person. 
.. .... 
77 
~emov~I of 25. Notwithstanding anything contained in any 
d:1squahfica- other law, a child who has q,ommitted ·an offence and 
tlon atta- h b d ] · l d h · · f h' A ching to con• as een ea t -:v1t 1 ~n e~ t ~ prov1s10ns o ! is ct 
viction. shall not suffer d1squahficat10n, 1f any, attachmg to a 
conviction of an offence under such 1aw. 
Sp~ci:.~ pro- 26. Notwithstanding anything contained in this 
vision 1m res· Act, all proceedings in respect of a child pending in 
pect o pen· . h d h · h h · " ding eases. any court 10 any area on t e ate on w 1c t is .~ct 
1omes in to force in that area, shall be continued in 
that court as if this Act had not been passed and if 
the court finds that the child has committed an offence, 
it shall record such finding and, instead of passing 
any sentence in respect of the .:hild, forward the child 
to the Children's Court, which shall pass or:lers in res· 
pect of that child in accordance with the provisions 
of this Act as if it had been satisfied _on inquiry under 
this Act that the child has committed the offence. 
CHAPTER V 
PROCEDURE OF COMPETENT AUTHORI­
TIES GENERALLY ANV APPEALS AND 
REVISION FR0\1 ORDERS OF SUCH 
COURTS 
<;!' • • 
of~~~~~,~~d 27 .( l) A Board or Children's Court shall hold its 
Children's sittings at such place on such day and in such manner, 
· Court. as may be prescribed. 
(2) A Magistrate empowered to exercise the 
powers of a Board or, as the case may be, a Children's 
Court under sub-section (2) of section 7 shall, while 
holding any inquiry regarding a child und er this Act, 
as far as practi cable, sit in a bu ilding or roDm different 
from that in which the ordinary sittings of civil and 
criminal courts are held, or on different days or 
at times different from those at which the ordinary 
sittings of such courts are held. 
Persons who 28.( l) Sav e as provided 
may b~ pre - shall ht: present at any 
sent oefore authority e:,cept-compet ent ' 
in this Act, no person 
sitting of a competent 
authority. 
(a) any officer of the competent authority, 
or (b) the parties to the inquiry before 
the competent authority, the parent or 
guardian of the child and other persons 
directly concerned in the inquiry includ­
ing police _officers, and 
·, 
78 
(c) such other persons as the competent 
authority may permit to be present. 
(2) Notwithstanding anything contained in sub­
section (1), if at any stage during an inquiry, a 
compet ent authority considers it to be expedient in 
the int erest of the child or on grounds of decency 
or morality tha~ any person including the Police 
Officers, legal practitioners, th e parent, guardian or 
the child himself should withdraw, the competent 
authority may give such dire ctirm, and if any 
person refuse s to comply with such direction, the 
competent authority may hav e him rem ovea ai1d 
may, for this purpose, cause to be used such force 
as may be n.-;cessary. 
(3) No legal practiti oner shall be entitled to appear 
before a competent authority in any case or pro­
ceeding before it, except with the special per· 
mission of tha~ authority. 
Attendance 29. Any competent autho rity before which a child 
of padr~nt orf is brought under any of the provisions of this Act guar 1an o . h' k . child. may, when ever 1t so t in s fit, r eqmre any parent 
Dispensing 
with atten­
dance of 
child. 
or guardian having the actual charge of, or con­
trol over, the child to be present at any proceed­
ings in respe ct of the child. 
30. If, at any stage during the course of an 
inquiry , a competent authority is satisfied that the 
attendance of the child is not essential for the 
purpose of the iuqu 'iry, the competen t authority 
may dispense with his attendance and proceed 
with the inquiry in the absence of the child. 
Committal 31.(1) When a child who has been brought 
to approved before a competent authority und er this l\.ct is 
place of f d b tr · f d' · · child suffer- oun to e suuenng rom a 1sease req uirmg pro-
ing from longed medi ca l ueatmen 1. or physical or mental 
d'.lngerous complaint that will respond to tre atme nt, the com­
~hseasfie and petent authority may send the child to any place 
its uture . d 1 · disposal. recogmsed to be an approve p ace in accordance 
with the rules made under this Act for such period 
as it may think necessary for the required treat­
ment. 
(2) Where a chil:l is found to be suffering from 
lepro sy or is of unsound mind , he shall be dealt 
with und er the provisions of the Lepers Act, 1898 3 of iurn 
or the Indian Lunacy Act, 1912 as the case may be. 4 of 1'112 
(3) Where a compet ent authority has taken action 
under sub-s ection (1) in the: case of a child suffering 
from an infectious or contagious disease, the com­
petent aw hority before restori ng the said child to 
-n 
his partner in marriage, if there has been 
such, or to the guard ian, as the case may 
be shall where it is sati sfied that such action 
will be in the intere st of the said child call 
upon his partner in marriage or the guardian, 
as the case may be, to satisfy the court by sub­
mitting w medical examination that such partner 
or guardian will not re-infect the child in respect 
of whom the order has been passed. 
Presumption 32.(1) Where it appears to a competent autho­
ai:id d_eter- rity that a per son brought before it under any of the 
:;n~ation of provisions of this Act (otherwise than for the purpose 
g • of giving evidence) is a child, the comp etent autho­
rity shall make due inquiry as to the age of that 
person and for that purpose shall take such evidence 
as may be necessary and shall record a finding 
., whether the pers1in is a child or not, stating his age 
as nearly as may be. 
(2) No order of a competent authority shall be 
deemed to have become invalid merely by any 
subsequent proof that the person in r espect of whom 
the order has been made is not a child, and the age 
recorded by the competent authority _to be the age 
of the person so brought before it shall for the purposes 
of this Act, be deemed to 'be the true age of that 
person. 
Circumstan- 33. In making any order in respect of a child 
ces to be und er this Act a competent authority shall take 
taken. into into consideration the following circumstances, considera-
tion in ma- namely:-
king orders 
under th e 
Act. 
(a) the age of the child J 
(b) the circumstances m 
living ; 
which the child is 
(c) the reports 
officers ; · 
made by the probation 
(d) the religious persuasion of the child; 
(e) such other circumstances as may, in the 
opinion of the competent authority require 
to be taken into consideration in the 
interests of the child: 
Provided that in the case of a delinquent child, 
the above circumstances shall be taken into con­
sideration after the Children's Court has recorded a 
finding against the child that he has committed the 
offence: 
80 
Provided further that if no report of the probation 
officer is received within ten weeks of his being 
informed lmder section -19, it shall be open to the 
Children's Court to proc ~ ed without it. 
Se~ding a 34.. In the case of a neglected or delinquent child 
c~dild . o•~t- who se ordinary place of residence lies outside the 
Sl C JUrlS- • • • • • 
diction. JUr1sd1ction of the competent authority before 
which he is brought, the competent authority 
may, if satisfied after due -inquiry that it is 
expedient so to do, send the child back to a relative or 
other persons who is fit and willing to receive him 
at his ordinary place of residence and exercise 
proper care and control over him, notwithstanding 
that such place of residence is outside the j urisdic­
tion of the competent authority; and th e competent 
authority exercising jurisdiction over the place to 
which the child is sent shall in respect of any matter 
arising subsequ~ntly have the same power in relation 
to the child as if the original order has heen j passed 
by itself. 
Reports to 3!>. The report of the probation officer or any 
ue treat~d circumstances· considered by the competent authority 
~~nti~l~n - under section 33 shall be treated as confidential : 
Provided that the competent authority may, if it 
so thinks fit, communicate the substance thereof to 
the child or his parent or guardian and may give 
such child, parent or guardian an opportunity of 
producing such evidence as may be relevant to the 
matter stated in the report. 
Prohibition . 36.(1) No report in any newspaper, magazine or 
o_f publica- news, sheet of any inquiry regarding a child under 
uon of this Act shall disclose the name, address or school or 
~rcli~iJ:~~ any other particulars calculated to lead to the identi­
involved in fication of the child, nor shall any picture of any 
any procee· such child be published: 
ding under 
the Act. Provided that for reasons t() be recorded in writing 
Appeals. 
the authority holding the inquiry may permit, such 
disclosure. if in its opinion such disclosure is in the 
interest of the child. 
{2) Any person contravening the provisions of 
subasection (1) shall be punishable with fine which 
may extend to one thousand rupees. 
37. (I) Subject to the provisions of this section, 
any person aggrieved by an order made by a compe­
tent authority under this Act may, within thirty days 
from the date of such order, prefer an appeal to the 
Court of Session : 
81 
Provided that the Court of Session may entertain 
the appeal after th e expiry of the said period of thirty 
days if it is satisfied that the -appellant was prevented 
by sufficient cause from filing the appeal in time. 
(2) No appeal shall lie from-
(a) any order of acquittal made by the 
Children's Court in respect of a child alleged to 
have committed an offence; or 
(b) any order made by a Board in respect of a 
finding that a person is not a neglected child. 
(3) No second appeal shall lie from any order of 
the Court of Session passed in appeal under this section. 
Revision. 38. The High Court may, at any time either on 
its own motion or on an application received in this 
behalf, call for the record of any proceeding in which 
any competent authority or Court of Session has passed 
an order for the purpose of satisfying itself as to the 
legality or propriety of any such order and may pass 
such order in relation thereto as it thinks fit : 
Provided that the High Court shall not pass an 
order under this section prejudicial to any person 
without giving him a reasonable opportunity of being 
heard. 
Procedure 39. (1) Save as otherwise expressly provided by 
in inquiries, this Act, a competent authority while holding any 
app.~ls and inquiry under any of the provisions of this Act, shall 
revd!on pro- follow such procedure as may be prescribed and subject 
cee ings. thereto, shall foUow, as far as may be, the procedure 
Power to 
amend 
orders. 
laid down in the Code of Criminal Procedure, 1898, 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 practicable, in accordance with the provi- 5 of 1898, 
sions of the Code of Criminal Procedure, 1898. 
40. (I) Without prejudice to the prov!Slons for 
appeal and revision under this Act, any competent 
authority may, either on its own motion or on an 
application received in this behalf, amend any order 
as to the institution to which a child is to be sent or as 
to the person under whose care or supervision a child 
is to be placed under this Act. 
82 
(2) Clerical mi<1take in order passed by a compe· 
tent authority or errors arising therein from any 
zccidental slip or ommission may, at any time, be 
corrected by the competent authority either on its own 
motion or on a11 applicatiori received on Lhis behalf: 
CHAPTER VI 
SPECIAL OFFENCES IN RESPECT OF 
CHILDREN 
Punishment 41. (1) Who ever, having the actual charge of, or 
r~~ c~~ffd:' control over, a child, ass'tults, abandons, exposes or 
wilfully neglects the child or cau se or procure~ him 
to be assaulted, aba ndoned, expo sed or neglected 
in a manner likely to cause such child un­
necessar y mental and physical suftering shall be 
punishable with imprisonment for a term wh ich may 
extend to six months, or with fine, or with both. 
\2) No court shall take , cognisance of an offence 
punishable under sub-section (1) unless the complaint 
is filed with the previo us sanction of the State Gov­
vernment or an Officer authorised hy the State 
Government in his behalf. 
Emplo 7ment 42.(1) Whoever employ or uses any child for the 
of chil~reu ourposes of begging or causes any child to beg shall 
for begging. ,b . h bl . h . . c- h' h e pums a e wit imprisonment 1or a term w 1c 
may extend to one year, or with fine, or with both. 
(2) Whoever , having the actua l charge of, or 
control over a child, abets the commission 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 cognizable. 
P~D;alty for 43. Whoever gives, or causes to be given to 
giv~ngt' m- any child any intoxicating liquor in a public place tox1ca mg f liquor or or any dangerous drug, except upon the order o a 
dangerous . duly qualified medi cal practiti oner or in case of 
dr~g to a sickness or other urgent cause, shall be punishable 
child. with fine which may eK1iend to two hundred rupees. 
Exploitation 44. Whoever ostensibly procures a child for the 
of c hi l d purpose of any employment and withholds the earnings 
employees. of the child or uses such earnings for his own pur· 
poses shall be punishable with fine which may ex­
tend to one thousand rupees. 
~ . 
83 
CHAPTER VII 
MISCELLANEOUS 
p 0 we r 45.(Ij The State Government may, notwith-
of St ate standing anything contained in this Act, at any time, 
Gov~rnment order a neglected or delinquent child to be dis· 
todditschar?e charged from the Children's Home or Special School, an rans1er . 1 . h d" · h children. · either abso ute1y or on sue con 1t10ns as e may 
think fit to imp ose. 
(2) The State Government may, notwithstanding 
anything contained in this Act, order-
(a) a neglected child to be transferred from 
one Children's H ome to another; 
(b) a delinquent child to be transferred from one 
Special School to another or from a 
Special School to a Borstal School where 
such school exists or from a Special 
School to a Children's Home ; 
(c) a child who ha, been released on licence 
which has bt>en revoked or forfeited, to 
be 5ent to the Special School or Children's 
Home from which he was released or to 
any other Children's Home or Special 
School or Borstal School : 
Provided that the total period of the stay of 
the child in a Children's Home or a Special School 
shall not be increased by such transfer. 
(3) The State Government may, notwithstanding 
anything contained in this Act, at any time, dis­
cha rge a child from the care of any person under 
whom he was placed under this Act either abso­
lutely or on such conditions as the State Govern­
ment may think fit to impose. 
T ~ b 46.(l) The State Government may direct any neglec­
t~~~1~ c~~ hil-· ted chilJ or delinqu ent child to be transfened from 
dren's Homesany Children's Home or Special School within the State 
etc., , under to any other Children'5 Home, Special School or 
tche.1Adct ~nd Institution of a like nature in any other State with the m ren s . f h G S Homes, etc., consent o t e overnment of that tate. 
of like nature 
in different 
part of In-
dia. 
(2) The State Government may, by general or 
special order, provide for the reception in a Children's 
Home or Special School within the State of a neglect­
ed child or delinquent child detained in a Children's 
84 
Home or Special School or institution of a like nature 
in any other State where the Government of that State 
makes an order for such transfer and upon such transfer 
the provisions of this Act shall apply to such child as if 
he had been originally ordered to be sent to such Chil­
dren's Home or Special School under this Act. 
47. (I) Where it appears to the State Government 
Transfer of that any child kept in a Special School or Children's 
children of Home in pursuance of this Act is suffering from unsound mind or le

Excerpt shown. Open the full act in Lexace.

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