The Haryana Children Act, 1974 (14 of 1974)

Regd. I4o. PiCH_ I
319arpenia11,otiernmentOpette
EXTRAORDINARY
Publithed by Authority
C o . t 01
CHANDIGAR H, TUESDAY, FEBRUARY 12, 1974
'MAGI -IA 23, 1895 SAKA)
LEGISLATIVE SUPPLEMENT
( ON TEN TS
Acts
_
Th Haryana Chihiren Act, 1974 (Haryana Act No.
14 of 1974)
P &i U O r d i n a n c e s
Nil
rtItT 111 Delelated Legislation
Notification No, S.40.15 'C.A.16i1908 5,5.74, dated the
12th February, 1974, forming Bahadurgarh Tehsil
sub -district under section 5 of the Indian Registration
Act, 1908 . . i
PAR 1 IV Correction Slips, Republications blul
Replacements
r rice 15 Psis. )

HARYANA GOVTGAZ. (IIXTR.A.), FEBRUARY 12, t974 135
(MAGH.A 23, 1895 SARA)
1"
d, •
PART
LEGISLATIVE DEPARTMENT
Notification
The 12th February, 1974
No. 10.Leg./74. —The following Act of the Legislature of the Stateof
Haryana received the assent of the President of India on the 6thFebruary,
1974, and is hereby published for general information.
Har yanaAct No. 14 of 1974
THE HARYANA CHILDREN ACT,1974
AN
ACT
to provide for the case, protection, maintenance, welfare, training, education and
rehabilitation of neglected or delinquent children and for the trial of deg
linquent children in the State of Haryana.
BE it enacted by the Legislature of the State of Haryana in the Twenty-
fourth Year of the Republic of India as follows :—
CHAPTER I
PRELIMINARY
I. (I) This Act may be called the Haryana Children Act, 1974.
(2) It extends to the whole of the State of Haryana.
(3) It shall come in to force in the State of Haryana on such date as the
State Government may, by notification, appoint and different dates may be
appointed for different areas thereof.
2. In this Act, unless there is anything repugnant in the subject orDofin itions.
oontext,—
(a) "begging" means—
(1) soliciting or receiving alms in a public place or entering onany. private premises for the purpose of soliciting or receiving alms,
whether under thepretence of singing, dancing, fortunes
telling, performing tricks or selling articles or otherwise ;
(ii) exposing or exhibiting with the object of obtaining or extorting
alms any sore, wound, injury, deformity or disease,whether
of himself or of any other person or of an animal;
(lii) allowing oneself to be used as 4n exhibit for the purpose at
soliciting or receiving alms ;
(b) "Board" means a Child Welfare Board constituted undersection
3;
(c) "brothel", "prostitute", "prostitution" and"public place" shall
have the meanings respectively assigned to them in the Suppression
of Immoral Traffic in Women and Girls Act,1956 (Parliament
• Act 104 of 1956) ;
(d) "child" means aboy who has not attained the age of sixteen years
or a girl who has not attained the age of eighteen years ;
Short title, extent
and commencement.

1.40 HARYANA GOVT GAZ (EXTRA.), FEBRUARYp, 1174
(MAG1-1A23, 1895 SAKA)
W a r
(e) "children's court" means acourt constituted undersection 4;
(f) "Children's home" means an institution established or recognised
by the State Government under section 8;
(g) "Chief Child WelfareOfficer" means the person appointed as such
under section 59 ;
(h) "competent authority" means, in relation to neglectedchildren,
a Board constituted under section 3 and, in relation todelinquent
children, a children's court constituted under section 4, and where
no such Board or children's court has been constituted,
any court empowered undersub -section(2) of section 6 to
exercise the powers conferred on a Board or children's court;
(1) "dangerous drug" shall have the meaningassigned to it in the
Dangerous Drugs Act, 1930(Central Act 2 of 1 930) ;
(I) "delinquent child" means a child who has been found to have
committed an offence;
(k) "fit, per son'_,'in relation to the care of any child, includes zany
society or body corporate established for the reception or protec-
tion of children or the prevention of cruelty to children and
undertakes to bring up or to give facilities for bringing up any child;
entrusted to its care in conformity with the religion of itsbirth;
(1) "guardian", in relation to a delinquentchild or neglected child,
includes any person who in the opinion of the competent authority
having cognizance of any proceedings in relation to such a child
has, for the time being, the actual charge of, or control over, that
• child;
(m) "neglected child" means a child who-- .
(i) has no home, place of abate or visible means of subsistenoe,or
is being wilfully neglected by his parent or guardian;
(II)Is under the care of parent or guardian who is a leper or byreitS013
of criminal or drunken habits is unfit to have the care of such
person;
WO frequents the company of any reputed thief or prostitute;
(iv) is lodging or residing in or frequenting a house used by aprosti-
tute for the purposes of prostitution;
(v) is found begging; or
(W) is being heavily overworked or illtreated by his employer;
(n) "observationhome" means any institution or place established or
recognised by the State Government undersection 10. as an
observation home;
(a) "offence" means an offence punishable under any law for the time
being in force;
(p) "prescribed" means prescribed by rules. made under this Act;

-
- HARYANA GOVT GAZ. (EXTRA.). FEBRUARY 12,1974 141
(MAGMA 23. 1895SAKM
4.•••
(q) "probation officer" means an officer appointed as a probation
officer under this Act or under the Probation of Offenders Act,
1958 (20 of 1958) ;
(i) "special school" means an institution established or recognised by the
State Government under section 9;
(a) "supervision", in relation to a child placed under the care of any
parent, guardian or other fit person under this Act, means the
supervision 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;
(t) all wor ds and expr essions used but not defined in this Act and defined
in the Code of Criminal Procedure, 1898(Central Act 5 of 1898),
shall have the meanings assigned to them in that Code.
CHAPTER U
COMPETENTAUTHORITIESAND INSTITUTIONSFOR
C hILDREN,
3. (1) Ti:State 0 )vernment mly, by n )tification, constiftte for any area
specified in th: not;fieatiJn, onor m ch:lci welfare. Buardb fer  exer cising the
pywers and disehvging the d.ties confei red or impesed on such Board in
relation to negteeteJ eltIdLen under this Ad.
(2) A Blal shall elitist of a Clvairmal and such other members, not
exceeding six, as the State Government think:f_l Lcappoint, t f Ott m not less
than two shall be women, and every such member shall have the rhAvers ef
magistrate of the firstclass under the Codecf Criminal Prucedure,1898
(Central Act 5 of 1898).
(3) Ta3 B3ar3 shall function as a b:neh of magistrates and shall have the
Incscmferred by the Code of Criminal Procedure,1898 (Central Act $
of 1898), on a magistrate of the first class.
4. (1) Notwithstandinganything contained in the Code of CriminalProcedure, 1898 (Central Act 5 of 1898), the State Government may, by1-i ' "wt*
notification, constitute,for any area specified in the notification, one or more
Children's courtsfor exercising the powers and dischargingtheduties conferred
or imposed on such court in relation to delinquent childien under this Act.
(2) A children's court shall function as a bench of such number of magis-
trates not exceeding three, as the State Government thinksfit to appoint,
of whom one shall be designated as the senior magistrate and not less than one •
shall be a woman ; and every such bench shall have the powers conferred 13),
the Code of Criminal Procedure,1898 (Central ActS of 1898), on a judicial
magistrate of the first class.
5. (1) In the eventof any diffetence ofopinion amongthe members ofit F irm trure, etc. in
Board or among the magistiates of a children's court, the opinifn of Chetrelation to Beir de
majority shall prevail, but where there is no such majority, the ep' .n of the and children**
chairman or cf the senior magiarate, as the tete ma) be. he. prcuil COIMS.

Power of Board
and children's
court. . .
%. •
Procedure to be
followed by magis-
trates not empower-
ed under this Act
and vice versa.
Children's home.
.11. 11. 01.
1.42 itiARYANA GOVT GAZ. (EXTRA.), FEtRUARY 12, 1974.-)
(MA GHA 23, 1895 SAICA)
(2) A Board or children's court may act notwithstanding the absence of
any m ember of the Board or, as the case may be, any magistrate of the childien's
court, and no order made by the Board or children's court shall be invalidby
reason only of the absence of any member or magistrate, as the case may be,
during any stage of the proceedings.
. • (3)- No person shall be appointed as a member of the Board or as a magis-
trate in the children's court unless hehas, in the opinion of the State
Government, knowledge of child psychology and child welfare.
_ •6. (I) Where a Board or a children's court has been conit'tuted for any
area, such Board or court shall, notwithstanding anything contained in any
other law for the tim e being in force but save as otherwise expressly provided in
this Act, have power to deal exclusively with all proceedings under thisAct
relating to neglected children or delinquent children, as the case may be.
(2) Where no Board has been constituted for any area, the powers con'
ferred on itby or under this Act shall be exercised in that area, by theSub'
Divisional Magistrate. •
(3) The powers conferred on the Board by or under this Act may also be
exercised by the Deputy Commissioner and the Commissioner, when the
proceedings come before them in appeal or revision.
• (4) Where no children's court has been constituted for any area, the powers
conferred on it by or under this Act shall be exercised inthat area by the
judicial magistrate of the 1st class specially nominated by the Sessions Judge.
(5).The powers conferred on the children's court by or under this Act may
also be exercised by the Court of Session and the High Court when the pro-
ceedings come before them in appeal or revision.
• 7. (1) When any magistrate not empowered to exercise the power of a
Board or a children's court under this Act is of the opinion thata person
brought before him otherwise than for the purpose of giving evidence, is a
child,-he shall record such opinion and forward the child and the record of the
proceedings to the competent author ity having jurisdiction over  the proceedings.
(2) The competent authority to which the record of proceedings is for.
war ded under sub -section(1)shall hold the enquiry as if the child had originally
been brought before it.
(3) When any children's court is of the opinion that aperEeP. brovgi
before it is not a child, he shall record such opinion and forward the perscn and
the record of the proceedings to the court having jurisdiction over the pro.
ceedings.
(4) The court to which the record of proceedings is forwarded under sub-
section (3) shall hold the enquiry or trial, as the case may be,as if the person
had originally been brought before it.
8. (1) The State Government mayestablish and maintain as many
children'shomes as may be necessary for the reception of neglected children
under this Act.
(2) iilitere the State Government is of theopinion that any institution
other than an institution established under sub -section (1) is fit for the reception

HARYANA GOVT GAZ. (EXTRA.), FEBRUARY 12,0 / 44 . • (MAGI -IA'3, 1895 SAKA)
• • • • • • = 1 . 4 m i . l a n i l • W
af the neglected children to be sent there underthis Act, it may recognise
such institution , 3 a children's home foi the purpose of this Act
(3) Every children's home to which a neglectedchild is sent undet this
Act shall not only provide the child with accommodation, maintenance and
facilities for education, but also provide him with facilities for the development
of his character and abilities and give him necessary training for protecting
himself against exploitation and shall also perform such other functions as may
he prescribed.
(4) The State Government may, by rules made under this Act, provide
for the management of children's homes and the circumstances under which,
and the manner in which, the certificate of a children's home may be granted
withfirAtirTI
Silesia Schools.a sys 'elseki otatu V V 1 ILL ICI 1L w a y 4114.1 m a W U U U t i a sassu y
special schools as may be necessary for the reception of delinquent children
under this Act.
(2) Wissie ths State G svernrnent is of the opinion that any institution other
than an inititution esta'slished under sub -section (1) is fit for thereception
of the delinquent children to be sent there under this Act, it may recognize
such institution as a special school for the purposes of this Act.
(3) Every special school to w;sicha delinquent child is sent under this Act
shall not only provide the child with accommodation, maintenance and
facilities for education but also provide him with facilities for the development
of his chatactee and abilities and give him necessary training for his reformation
an-1 shall also per form such other functions as may be prescribed.
(4) Th.: State Government may, by rules made under this Act,provide for
the management of special schools and the circumstances under which, and the
manner in which, the recognitionof a special school may be granted or
withdrawn.
10. (1) The State Government may establish andmaintain as many obser vation homes.
observation homes as may be necessary for the tempor ary reception of children
during the pendency of any inquiry regarding them under this Act.
(2) Where the State Government is of the opinion that any institution
other than an institution established uncle' sub -section (1) is fit for the
temporary reception of children during the pendency of any inquiry regarding
them under this Act, it may recognise such institution as an observation
home for the purposesof this Act.
(3) Every observation home to which a child is sent under this Act shall
not only provide the child with accommodation, maintenance, and facilities
for medical examination andtreatment, but also provide him with facilities
for useful occupation.
(4) The State Government may, by rules made under this Act, provide
for the management of observation homes and the circumstances under which,
and the manner in which, the recognition may be granted or withdrawn.
11. (1) The Chief Child Welfare Officer may, by rules made under this After.-care °Manisa-
Act, provide for the establishment orrecognition of after -care organisations "as.
and may vest them with 'suchpowers as may be necessary for effectively
carrying out Voir functions under this Act.

-
Pr oduction of n eg.foxed ch ildr enbefor e Boar ds.
144 HARYANA GOVTGAL (EXTRA.), FEBRUARY 12, 19741:-. .
(MAGHA 23, 1895 SAKA)
(2) Every such organisation shall take care of thechildren when they
leave children's homes or special schools and shall, fcr the purpose c f enabling
them to lead an honest, industrious and useful life, lake all such measuies as
It may deem necessary or as may be prescribed.
CHAPTERIR
NEGLECTED CH LDREN
12. (1) If any pence officer, or any other person, authorised by the
State Government in this behalf, by general or special order, is of the opinion
that a person is apparently a neglected child, such police officer cr other person
may take charge c,f that person for bringing him before a Bc ard.
(2) When informaticn is given to an officer -in -charge of a police statior
abeut any neglected child found within the limits of such fiat ion, he shall enter
in a book to be kept for the purpose the substance of such information and
take such action thereon as he deemsft and if such officer does not propose to
take charge of the chill, he shill forward a copy of the entry so made to the
Board and to such other person as may be authorised under sub -section (1).
GO Every child taken charge of under sub -section (/) shall be brought
before the Board within a Nriod of twenty-four hours of taking such charge
excluding the time necessary for the journey.
(4) Every child taken charge of under sub -section (1) shall, unless he is
kept with his parent or guardian, be sent to an observation home (b. t not to a
police station or jail) until he can be brought before a Board as required under
sub -section (3).
Special procedure 13. (1) If a person, who in the opinion of the authorised police officer
to be followed when or the authorised person Is a neglected child, has a parent or guardian who has
neglected eleiid hasthe actual charge of, or control over, the child, he may, instead of taking
parent or guardian. charge of the child, make a report to the Board for initiating an enquiry
regarding that child.
(2) On receipt of a report under sub -section (1). the Board may call upon
the parent or guardian to produce the child before it and to show cause why
the child should not be dealt with as a neglected child under the provisions of
this Act and if it appears to the Board that the child is likely to be rem oved from
its jurisdiction or to be concealed before he is produced, it may immediately
order his production before the Board or removal to an observation home.
Inquiry by Board 14. (/) When a person alleged to bea neglected child is produced before
r egarding neglected a Board, it shall examtne the person who brought the child or made the report
childr en. and record the substance of such examination and hold the enquiry inthe
prescribed manner and may make such orders in relation to thechild 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 him, the Beard may make an order
directing the child to be sent to a children's home forthe period uLtil he
ceases to be a child :
• . • • Provided that the Boar d may, for  reasons to be recorded, extend the period
of such stay, but in no case the period of stay shall extend beyond the time
when the childattains the age of eighteen years, in the case of a boy, or
tw entyyear s, in the case of a girl

11 111 1 11 1
HARYA.NAGOVT GAZ. (EXTRA.), FEBRUARY t2, 1914 14 ?)
(MAG}IA 23, 1895 SAKii)
Provided further thatthe Board may, if it is satisfied that having regard
to the circumstances of the case it is expedient so to do, forreasons to be
recorded, reduce the period of stay to such period as it thinks fit.
(3) Darin the pendency clean& inquiry regarding a child, the child shall,
unless he is kept with his parent or guardian, be sent to an observation home
for such period as may be specified in the order of the Board :
Provided that no child shall be kept with his parent or guardian, if, in the
opinion of the Board, such parent or guardian is unfit to exercise or does not
exercise proper care and control over the child.
15. (1) If the Board so thinks fit, it may, instead of making an order _P wer tool:mitunder sub -section(2)of section 14 for sending the child to a children's home, ggiegtedchildto
make an order placing the child under the care of a. parent, guardian or othersa w s custody.
fit person, on such person executing abond with or without surety to be
responsible for the goodbehaviour and well-being of the child and for the
observance of such conditions as the Board may think fit to impose.
(2) At the time of making an order under sub -section(1) or at any time
subsequently, the Board may, in addition, make an order that the childbe
placed under supervision for any period not exceeding three years in the first
instance.
(3) Notwithstanding anything contained in sub -section (1) or sub -section
(2), if at any time it appears to the Board, on receiving a report from the pro-
bation officer or otherwise, that there has been a breach of any of the conditions•
imposed by it in respect of the child, it may, after making such inquiryas it
deems fit, order the child to be sent to a children's home.
16. Where a parent or guardian of a child com plains to the Board that he urieeeirelaNe
is not able to exercise proper care and control over the child and the Board is children.
satisfied on inquir y that proceedings under this Act should be initiated regarding
the chili, it may send the child to an observation home and make such further
inquiry as it may deem fit and the provisionsof sections 14 and 15 shall, as far
as may be, apply to such pr oceedings.
CHAPTERr v
DELINQUENT CHILDREN
3111 and swayof17. (I) When a child accused of any non -bailable offence is arrested, diadem
ap7e5r3 or is b:.).ij'a b :fore a etildoen's court, suet person shall. notwith-
E4a,Lin alythin clatiinA in th,3 Code of Criminal Peocedure. 1898 (Central
AA 5 of t3)), or in aly other la ht for the tiinebing in force, be released on bail
with or witheit stro.ty b at he shall nbe so released if there appear rew lonable
f)t b,livin th it therelmse ic likely to bring him into asscciaion
with any reptei aeimisal or that his release would defeat the purpose of this
Act.
(2) N)twithltin ling alythIng contained in sub -section(1), when a child,
A) is a girl, is a -rested on a chile of a nm -bailable offence and cannot be
brouleit forth viet b:fore a court. the officer -in -charge of a police station
wha h ts ii the arrest or b !fore whom the girl is recticed shall release her
ataaa.", if ey xtr.,ori eetkin his ivinion is a sufficient surety and eLters into
a brtl for sae% s tin,.)f meny as th• officer considers sufficient to produce
lyar More the court and to wear inherstead if required at the police station.

information toparent or guardianand probation. officer.
. . . .
Inquiry by chil-dren's court regard-ins delinquentchildren.
. Orders that may bepas sed regardingdelinquent children.
14C HARYANA GOVT tiAZ. (EXTRA.), FEBRUARY 12, 1974
(MAGHA 23, 1895 SAKA)
i m a w e s c a c c A l l i t
(3) When such person having been arrested is not released on ubaii uncier
sub -section(2), he shall be kept in an observation home in the prescribed
manner until he can be brought before a children's court.
(4) When such person is not released on bail under sub -section (1) by
the children's court, it shall, instead of committing him to prison, make an
order sending him to an observation home for such per iect.dur ing the pendency
of the inquiry as may be specified in theorder.
18. Where a child is arrested, the officer -in -charge of the police station
to which the child is brought shall, as soon as may be after the arrest, inform—
(a) the parent or guardian of the child, if he can be found, of such arrest
and direct him to be present at the children's court before which
the child will be produced ; and
(b) the probation officer of such arrest in order to enable him to obtain
information regarding the antecedents and family history of the
child and other material circumstances likely to be of assistance
to the children's court f o rmaking the inquiry.
19. The children's court shall hold an inquiry against the child charge4
with an offence, in accordance with the provisions of section 37 and may,
subject to the provisions of this Act, make such order in relation to the child
as it deems fit.
20. (1) Where a children's court is satisfied on inquiry that a child has
committed an offence, then, notwithstanding anything to the contrary contained
in any other law for the time being in force, the children's court may, if it
thinks fit,—
(a) allow the child to go home after advice or admonition;
(b) direct the child to be released on probation of good conduct and
placed under the care of any parent, guardian, or other fit person
on his executing a bond with or without surety as thecourt may
require 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 a period of not less than three years
(II) in the case of any other child, for the period until he ceases to - 4
be a child
Provided that the children's court may, if it is satisfied that havi4
regard to the nature of the offence and the circumstances of
the case it is expedient so to do, for reasons to be recorded,
reduce the period of stay to such period as it thinks fit
Provided further that the children's court may, for reasons to be
recorded, extend the period of such stay, but in no case the
period of stay shall extend beyond the time when the child
attains the age of eighteen years, in the case of a boy, os
twenty years, in the ease of a girl ; .

.1-1ARYANA GOVT GAZ. (EXTRA.), FEBRUARY 12, 1974 147
(ivrAGILA 23 1895 SAKA)
• •  • lc r
(d) order the child to pay a fine if he is over fourteen years of age and
earns money.
(2) Where an order under clause (b) or clause (d) of sub -section(1) is made,
the children's court may, if it is of opinion that in the interest of the child and
of the public it is expedient so to do, in addition make an order that the delin-
quent child shall remain under the supervision of a probation officer named in
the order during such period, not exceeding three years, as may be specified
therein, and may in such supervision order impose such conditions as it deems
necessary for the due supervision 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 it deems fit, order the
delinquent child to be sent to a special school.
(3) The children's court making a supervision order under sub -section (2)
shall explain to the child and the parent, guardian or other fit person, as the
case may be, under whose care the child has been placed, the terms and condi-
tions 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 ease may be, the
sureties, if any, and the probation officer.
(4) In determining the special school, or any person to whose custody a
child is to he committed or entrusted under this Act, the court shall pay due
regard to the religious persuasion of the child to ensure that religious instruc-
tion contrary to the religious persuasion of the child is not imparted to him.
(5) Where a child is found to have committed an offence punishable with
fine and the children's court is of the opinion that the case would be best met
by the imposition of a fine, whether with or without any other punishment, the
court may in any case, and shall if the child is under fourteen years of age,
order that the fine be paid by the parent or guardian of the child, unless the
court is satisfied that the parent or guardian cannot be found or that he has
not caused the commission of the offence by neglecting to exercise due care
of the child.
(6) An order under this section may be made against a parent or guardian,
who, having been required to attend, has failed to do so, but save as aforesaid,
no such order shall be made without giving the parent or guardian an
opportunity of being heard.
(7) Where a parent or guardian is directed to pay a fine under this section,
the amount may be recovered in accordance with the provisions of the Code of
Criminal Procedure, 1898 (Central Act 5 of 1898).
(8) A parent or guardian!may appeal against any uchilorder:as if the order
were a sentence passed in the proceedings against him.
21. (1) Notwithstanding anything to the contrary contained in any other
law for the time being in force, no delinquent child shall be sentenced to death
or imprisonment, or committed to prison in default of payment of fine or in
default of furnishing security :
Provided that where a child at the time:of the commission'of the offence
was of the age of fourteen years or above and the children's court is satis-
fied that the offence committed is of so serious a nature or that his conduct and
Orders that may
not be passed
against delinquent
children.

Proceeding under
Chapter VIII of
Criminal Procedure
Code not compe-
tent against child.
No joint trial of
chilli and person
not a child.
148 HARYANA GOVT GAZ. (EXTRA.), FEBRUARY 12, 1 4
(MAGI -IA 23, 1895 SAKA)
behaviour have been such that it would not be in his interest or in the interest
of other children in a special school to send him to such special school and that
none of the other measures provided under this Act is suitable or sufficient,
the children's court may order the delinquent child to be kept in the observa-
tion home or with the parent, guardian or a fit person, on such conditions as
may be imposed and shall report the case for the orders of the State Govern-
ment.
(2) On receipt of a report from a children's court under sub -section (1),
the State Government may make such arrangement in respect of the child
as it deems proper and may order such delinquent child to be detained at such
place, on such conditions and for such period as it thinks fit :
Provided that the period of detention so ordered shall not exceed the
maximum period of imprisonment to which the child could have been sen-
tenced for the offence committed.
(3) Save as provided in this Act, the word "conviction" and "sentence"
shall cease to be used in relation to children dealt with under this Act and any
reference in any enactment to a person convicted, a conviction or a sentence
shall, in the case of a child, be construed as a reference to a person found
guilty of an offence, a finding of guilt or an order made upon such a finding,
as the case may be.
22. Notwithstanding anything to the contrary contained in the Code of
Criminal Procedure, 1898 (Central Act 3 of 1898), no proceeding shall be
instituted and no order shall be passed against a child under Chapter VIII
of the said Code.
23. (1) Notwithstanding anything contained in section 239 of the Code
of Criminal Procedure, 1898 (Central Act 5 of 1898), or in any other law for the
time being in force, no child shall be charged with or tried for, any offence
together with a 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 (Central Act 5 of 1898), or any other law
for the time being in force, such child and any person who is not a child
would, but for the prohibition contained in sub -section (I ), have been charged
and tried together, the court taking cognizance of that offence shall direct
separate trials of the child and the other person.
Removal of dis- 24. Notwithstanding anything contained in any other law, a child who
qualification.atta- has committed an offence and has been dealt with under the provisions of
ching to conviction.this Act shall not suffer disqualification, if any, attaching to a conviction of
an offence under such law.
Special provision
in respect of pen-
ding cases.
25. Notwithstanding anything contained in this Act, all proceedings in
respect of a child pending in any court in any area on the date on which
this Act comes into force in that area, shall be continued in that court as
if this Act had not been passed and if the court finds that the child has com-
mitted an offence, it shall record such finding and, instead of passing any
sentence in respect of the child, forward the child to the children's court which
shall pass orders in respect of that child in accordance with the provisions of
this Act as if it has been satisfied on inquiry under this Act that the child has
committed the offence.

1 •
HARYANA GOVT GAZ. (EXTR A), F EBRUAR Y 12, 1974 149
(MAGHA 23, 1895 SAKA)
CHAPTER V
PROCEDURE OF COMPETENT AUTHORITIES GENERALLY AND
APPEALS AND REVISION FROM ORDERS OF SUCH COURTS
26. (1) A Board or a children's court shall hold its sittings at such place' Sittings, etc.,
on such day and in such manner, as may be prescribed. dren's courts.
(2) A magistrate empowered to exercise the powers of a Board under
sub -section (2) of section 6 or of a children's court under sub -section (4) of
section 6 shall, while holding an inquiry regarding a child under this Act,
as far as practicable, sit in a building or room 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.
27. (1) Save as provided in this Act, no person shall be present at any Persons whomay
sitting of a competent authority, except — be present before
competentautho-(a) an officer of the competent authority ; or rity.
(b) the partiesto the inquiry before the competent authority, the parent_ _ _ .or guardian of the child and other persons directly concerned in
the inquiry including police officers ; and
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 competent authority considers it to be expedient
in the interest of the child or on grounds of decency or morality that any person
or the child himself should withdraw, the competent authority may give such
direction, and if such person refuses to comply with such direction, the com-
petent authority may have him removed and may, for this purpose, cause to
be used such force as may be necessary.
(3) No legal practitioner or public prosecutor shall be entitled to appear
before a competent authority in any case or proceeding before it, except with
the permission of that authority.
28. Any competent authority before which a child is brought under any
of the provisions of this Act may, whenever it so thinks fit, require any
parent or guardian having the actual charge of, or control over, the child to
be present at any proceeding in respect of the child.
29. 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 inquiry, the competent authority may dispense with his
attendance and proceed with the inquiry in his absence.
Attendanceofpare ntor guar-dian of child.
Dispensing withattendance of
child.
30. (1) When a child, brought before a competent authority under this Committal to apf-
Act, is found to be suffering from a disease requiring prolonged medical ,I)g tvi desuffeprliacengfroom
treatment or physical or mental disorder that will respond to treatment, the danger ousdisease
competent authority may send the child to any place recognised to be an ap. and its future
proved place in accordance with the rules made under this Act for such period disposal'
as it may think necessary for the required treatment.

Presumption and
determination of
age.
Circumstances to
be taken into
consideration in
making orders
under the Act.
Sending child
outside juris-
diction.
150 HAR YANA GOVT GAZ. (EXTRA.), FEBRUARY 12, 1974
(MAGHA 23, 1895 SAKA)
(2) Where a child is found to be suffering from leprosy or is of unsound
mind, he shall be dealt with under the provisions of the Lepers Act, 1898
(Central Act 3 of 1898), or the Indian Lunacy Act, 1912 (Central Act 4 of
1912), as the case may be.
(3) Where a child is treated and cured under sub -section (1), the competent
authority before restoring him to his partner in marriage, parent or guardian, .
as the case may be, shall where it is satisfied that such action will be in the
interest of the said child, call upon his partner in marriage, parent or
guardian, as the case may be, to satisfy the court by submitting to medical
examination that such partner, parent or guardian will not re -infect the child
in respect of whom the order has been passed.
31. (1) Where it appears to a competent authority that a person brought
before it under any of the provisions of this Act (otherwise than for the purpose
of giving evidence) is a child, the competent authority 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 person 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 in-
valid merely by any subsequent proof that the person in respect of whom the
order has been made is not a child, and the age recorded by the competent
authority to be the 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.
32. In making any order in respect of a child under this Act, a competent
authority shall take into consideration the following circumstances, namely :—
(a) the age of the child ;
(b) the circumstances in which the child is living;
(c) the reports made by the probation officer ;
(d) the religious persuasion of the child ;
(e) such other circumstances as may, in the opinion of the competent
authority, should be taken into consideration in the interest of
the child :
Provided that in the case of a child accused of an offence, the above
circumstances shall be taken into consideration after the children's court has
recorded a finding that he has committed the offence :
Provided further that if no report of the probation officer is received
within ten weeks of his being informed under section 18, it shall be open to the
children's court to proceed without it.
33. Tn the case of a neglected or delinquent child whose ordinary place
of residence lies outside the jurisdiction 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
, person 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 jurisdiction of the competent authority;
and the competent authority exercising jurisdiction over the place to which
the child is sent shall in respect of any matter arising subsequently have the

HARYANA GOVT GAZ. (EXTRA.), FEBRUARY 12, 1974 151
(MAGI -LA7.3, 1895 SAKA)
same powers in relation to the child as if the original order had been passed
by itself.
17 orw.rf t r A mt -
34. The report of the probation officer or any circumstance considered LeI a' s—cloV icre'diar
by the competent authority under section 32 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
person an opportunity of producing such evidence as may be relevi nt to the
matter stated in the report.
35. (1) No report in any newspaper, magazine or news sheet of any in- „ Purr icabittIn*nnol
quiry or investigation regarding a child involved in any proceeding under this nar-m 'es` etc., of
Act shall disclose the name, address or school or any other particulars cal- children involved
culated to lead to the identification of the child, nor shall any picture of any in proceeding
such child be published : under the Act.
.Provided that for reasons to be recorded in writing, 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 sub -section ( I) shall be
punishable with fine which may extend to one thousand rupees.
36. (1) Subject to the provisions of this section, any person aggrieved Appeals.
byan order made under this Act may, within a period of thirty days from the
date of such order, exclusive of the time requisite for obtaining a copy thereof,
prefer an appeal- -
(i) to the court of session against the order passed by the children's
court ; and
(ii) to the district magistrate against the order passed by the Board :
Provided that the appellate authority may entertain the appeal after the
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—
t o 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 passed in appeal under
this section.
37. ( ) Save as otherwise expressly provided by this Act, a competent Procedure in
authority while holding any inquiry under any of the provisions of this Act, inquiries and
shall follow such procedure as may be prescribed and subject thereto, shall appeals.
follow, as far as may be, the procedure laid down in the Code of Criniinal
Procedure, I 898 Central Act 5 of 1898), for trials in summons cases.
(2) Save as otherwise expressly provided by or under this Act, theprocedure to be followed in hearing appeals shall be, as far as practicable,
in accordance with the provisions of the Code of Criminal Procedure, 1898
(Central Act 5 of 8)g).

152 HARYANA GOVT GAZ. (EXTRA.), FEBRUARY 12, 1974
(MAGHA 23, 1895 SAKA)
Power to amend
orders.
Punishm ent for
:molly to children.
Penalty for being
tunic while in
barge of child.
malty for givingitoxicating liquor
T dangerous drugo child.
V E T . P . , 1 1 . . / 2 1 1 M ,. . 1 . 7 . i e* N r O f f t . •
38. (1) 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.
(2) Clerical mistakes in orders passed by a competent authority or errors
arising therein from any accidental slip or omission may, at any time, be correct-
ed by the competent authority either on its own motion or on an application
received in this behalf.
CHAPTER VI
SPECIAL OFFENCES AGAINST CHILDREN AND THEIR
PREVENTION
39. (1) Whoever, having attained the age of eighteen years and having
the actual charge of, or control over, a child, assaults, abandons, exposes or
neglects the child or causes or procures him to be assaulted, abandoned, exposed
or neglected in a manner likely to cause such child unnecessary suffering or
injury to his health shall be punishable with imprisonment of either description
for a term which may extend to six months or with fine which may extend to
two hundred rupees or with both.
(2) Whoever, being an employer.of a child, overworks him to an extent or
ill-treats him in a manner, so as to cause injury to his health, shall be punishable
with imprisonment of either description for a term which may extend to six
months or with fine which may extend to two hundred rupees or with both.
(3) For the purposes of this section injury to health includes injury to, or
loss of, sight or hearing and injury to limb or organ of the body and any mental
derangement, and a parent or other person legally liable to maintain a child
shall be deemed to have neglected him in a manner likely to cause injury to his
health if he, having means to provide adequate food, clothing, medical aid or
lodging for the child, fails to make such provision.
(4) A person may be convicted of an offence under this section notwith-
standing the actual suffering or injury to health was obviated by the action of
another person.
(5) Nothing in this section shall be construed to take away or affect the
right of any parent, teacher or other person having the lawful control or charge
of a child to administer punishment to 'such child.
40. If any person is found drunk on any highway or other public place
whether a building or not or on any premises licensed for the sale of liquor
while having the charge of a child and if such person is incapable by reasons
of his drunkenness of taking due care of the child, he may be arrested and shall,
if the child is under that age, be punishable with fine which may extend to
fifty rupees.
41. Whoever gives or causes to be given to any child any intoxicating
liquor; in a public place or any dangerous drug, except upon the orde: of a
duly Ilivalified medical practitioner or in case of sickness or other urgent
cause, shall be punishable with fine which may extend to five hundred
rupees.

pe HARYANA GOVT GAZ. (EXTRA.), FEBRUARY 12, 1974 153
(MAGHA 23, 1895 SAKA)
5111.•= 1101 1 . 1 . 1 M M = 4 1 1
Seizure by police42 . It shall be the duty of a police office to seize any intoxicating liquor, officer of any
dangerous drag, bid's, cigarettes, tobacco or smoking mixture in the possess,ik.m liquor, drug,
of a child wtoin he, finds taking or smoking in any street or public place and cigarettes, etc.
any liquor, dangerous drug, bidis, cigarettes, tobacco or smoking mixture so
seized shall be forfeited to the State Government and every such police officer
shalt, however, be authorised to search only a male child.
43. Who ever, havin g the actu al clt argeo f, or co ntrol over, a child allows Penalty for allowing
or encourages that child to smoke or drink any intoxicating liquor or danger _child °etsmoke,
ous drag shall be punishable with imprisonment of either description for dtin Ic!
a term which may extend to one mon

Excerpt shown. Open the full act in Lexace.

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