LexThe Kerala Children Act, 1972 (No.3 of 1973)
Kerala · state statute
Open in Lexace · Ask the AI about this actTHE 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.
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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.
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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.
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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.
61. Repeal and savings.
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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
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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
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(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
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(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.
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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~.
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(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.
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(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
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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.
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(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:
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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
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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
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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.
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(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
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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.
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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.
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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
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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
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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.
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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.
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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
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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
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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 tExcerpt shown. Open the full act in Lexace.