The Manipur Children Act, 1978

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Act NO...:ii..:..j.. ,_- 3 j g: ?3 3; X
Date of Assent .tniqz..ig' _ ”‘ ' . ‘
Date of Publication "$75; / ,3 r;
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THE MANIPUR- CHILDREN’ BHSL, 1978
(As passed by the Legislative Assembly, Manipur on 30-6-78)
An
WAW‘
to modify the law for the care, protection, treatment, maintenance,
training, education and rehabilitation of neglected or delinquent
children and for the trial of delinquent children in the State of
Manipur.
BE it enacted by the Legislative Assembly of Manipu'r in the TWenty
scventh year of the Republic of India as follows :
l. (1) This Act may be called the Manipur Children Act, 1978.
(2) It extends to the whole of the State of Manipur.
3 (3) It shall come into force on such date as the State Government
may, by notification in the official Gazette, appoint. and
difl‘erent dates may be appointed for different provisions of
this Act and for difi‘erent areas of the State.
Short title,
extend and
commence-
ment.
Definition. 2, In
(a)
(i)
2
this Act, unless there is anything r‘epuenant in the subject or
context :—
“Begging” means
soliciting or receiving alms in a public place or entering on
any private premises for the purpose of soliciting or receiVing‘
aims, whether under the pretence of singing, dancing, fortune-
teliing, performing tricks or selling articles or otherwise;
(ii) V eXbbsihg or exhibiting, with the object of obtaining or extorting
(iii)
(19)
(c)
(d)
(c)
“(0'
(g),
(h)
alms, any sore, would, injury, deformity or disease, whether
of himself or of any other person or of an animal;
allowing oneself to be used as an exhibit for the purpose of
soliciting or receiving alms;
“Brothel”, “prostitute” “prostitution” and “public place" shall
have the meanings respectively aséignéd to them in the Suppres-
sion of Immoral Traffic in Women 'and Girls Act, 1956 (104 of
1956);
“Child” means a boy who has not attained the age of sixteen
years or a girl who has not. attained the age of eighteen years;
“Children’s Home” means an institution established as such
by the state Government under section 26;
“Chart; rh'eansl a Juthilc V Cofirtl'eétabii‘s'hed“ ufider'i‘fs'éct‘iéh 54
of this Act;
‘I‘fiaiigéi-‘Ous'dr'ligf’ __'"s'ha11 have [the l’meiiiiingr léé‘si‘g‘r'ied""to‘ it in
the Dangerous Driigs Act"1930 (2"“or 1930);
i‘vlnsqtitutigni’ means .a Children’s home, Special School or;
remand home; ’
“Deiin'quent _chi!d” means any chitd ' who" hasmbeen “flouhd to
have bemmitted and étfiehce; ., '
"‘Fit person’Vmeans 'a person considered fit and apfih‘intcd as
such by the juvenile Court for custody of a‘child o'r a_délinquent
child, who undertakes to bring up or to give facilities for.
bringing up any child or delinquent child entrusted to his care
in conformity with the religion of his birth;
qt
(k)
(l)
({1})
(n)
(0)
£9)
“Giiargiiap” .inreiatioh to a child‘or delinquent child inciudes
an)? petsbn who, in. the opinion ofthe court having 'cognizance
of any proceedings in relation to the rfiiid or deiinqiieht- ébild or
in which the child or 'delinqiicnt chiici is concerned, has for the time
being the actual charge at or control over the child or delin-
quent ' child;
“Neglected child” metns a ch‘ld who—
(i). is foundvh begging or.
(ii) is found without having any home, settled p'ace rf abode
or any ostensible means of subsistence 'or is found destitute,
whether he is an orphan or' not; or '
(iii) has apareat or guardian who is unfit to exercise or does
not eXercise proper care and control over the child; or
" any piacefiusedi for the purpose of prostitution, or is found
to associate with any prostitute or any other pe'r’son who
leads an; ithnioi-a], drunken or depraved life;
(iv) lives in brothei or with aprostitute or frequently goes to
(y)__ frequents the company of any reputed thief or 'criminal or
I is 'oth'erwise likely to fall into bad‘ association 'or to be
exposed to moral danger or to enter upon a life of crime:
“Place of safety” includes a remand home or children’s home I
or any other suitable place or institution, or any orphanage, the
occupier or manager of which is willing temporarily to receive
a child. " ‘
“Prescribed” means prescribed by rules made under this Act;
“Probation Offieet” tneans an oifiuer appointed as a probation
ofiicet hhder sectibn 30 of'this Act or under the Pro‘bation'of‘
Ofl‘ender: §ct,'_1958 (20 of 1958); '
s‘Rcmand home’s means any institution or place established or
[Ecogni‘sed by the State Government‘ under this Act for the
.gméBi-hfy reeeption -of~Childr§n during the pendency of any
ifiqfiii'y undet this Act; " ' - A ,
"'Jy:;,‘,4_ u, :_. ~; . w .
ifgoeigty” me??? Ebody 0” 455°ciati°ll 0f individuals7 whether
~1'3t1';!;.
incorporateii' or not;
Production
of neglec-
ted children
before juve-
nile courts.
4
(q) “Special School” means an institution estabiished by the State
Government under section 25;
(1') “Street" includes any highway, public Bridge, road,1ane,foot-
path, square, court aiiey or passage, whether athoroughfare or
not ;
(s) “Supervision” means the placing of a child under the control
of a probation officer or other person for the purpose of
securing proper care and protection 0f the child by his parent,
e care the
guardian, relation 01' any other fit person to whos
child has been committed. The expression “supervision order”
shah be construed accordingly ;
(t) “State Government” means the Government of the State of
Manipur ;
(11) “Visitor” means a person appointed by the State Government
for a specified period for periodical inspection of the instituions
and submission bf report;
(v) All words and expressions used but not defind in this Act
and defined in the Code pf Criminal Procedure, 1973 (2 of
1974‘, shall have the meanings assigned to them in that Code.
PART II
NEGLECTED CfllLDREN
V. o
-
3. {1) If any police officer or any other person authorised by
at in this behalf, by general or special order, is of
the State Governnse
,
tested ‘chiid, such police officer,
' opinion that a person is apparently a neg
take charge of that petson for bringing him:
or other person, may
V before a V juvenile court.
' (2) When information is given to an officer in-charge of a police
station about any neglected child found within the limits of such}
station, he shall enter in a bookto be keptfor the purpose; the sub-3
~stantie of such information and take such action thereon~ as he deems
5
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 juvenile court.
(3) Every child taken charge ‘of under sub-section (1) shall be
brought before the juvenile court within a period of twenty fbnr hours
of such charge taken excluding the time necessary for the journey
from the place where the child had been taken charge of to the juvenile
‘court.
(4) Every child taken charge of nude: sub-section (1) shall,
unless he is_ kept with his parent or guardian, be sent to a remand
home (but not a police station or jai1)unti1 he can be brought before
a juvenile court. 3
4.’ (1) If a person, 'who in the opinion of the police 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 authorised person may, instead of taking charge of the
child, make a report to the juVenile court for initiating an inquiry
regarding that child.
(2) ‘ On receipt of a report under sub-section (1), the juvenile
court 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 the Act and if it appears
to the juvenile court that the child is likely to 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 a remand home.
5. (1) When a person alleged to be a neglected of child is pro-
duced before a juvenile court, it shall examine the police oflicer or the
authorised person Who brought the child or made the report and record
the substance of such examination and hold the inquiry in the
prescribed manifir and may make such orders in relation to the
child as it deems fit. ,
(2) Where a juvenile court is satisfied on inquiry that a child
is a neg‘iected child and that it is expedient so to deal with
him, the juvenile court, 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 juvenile 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 twenty
years ; ,
Provided that the juvenile court may, if it is satisfied that having
regard tothe 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. ‘
(3) During the pendency of any inquiry regarding a child, the
Child shall, unless he is kept with his parent or guardian, be sent to
a remand home for such period as may be Specified in the order of
the juvenile court.
Special pro-
cedure to be
followed
when neglec-
ted child
has parent.
Inquiry by
juvenile
court regar-
ding neglec-
ted children.
Power to
commit
neglected
child to
suitable
custody.
Uncontrol—
lable
children.
Sending of
child having
place of
residence
outside the
Jurisdiction
of Coun.
Interim
order by
mutt.
Punishment
for cruelty
to children s
6
Provided that no Child shall be kept with; his parent o_r guardian:
if, in the opinion of the juvenile court, such, parent or guardfiahjg
unfit to exercise or does not exercise proper care and control'bvcftht
child.
6. (1) if the juvenile court so thinks fit, it may, instead 0:
making an order under sub-section (2) of:section 5 for) sending thf:
child to a children’s home, make an order placing the child underth:
care of a parent, guardian or other fit person, on such pareng?
guardian or other fit person executing a bond with or without suriti
to be responsible for the good behaviour and well being of the, chi!
and for the observance of SuCh conditions as the juvenile court ma
think fit to impose.
 
   
  
  
  
    
    
    
   
  
   
(2) At the time of making an order under sub-section (1) or V
any time subsequently, the juvenile court may, in addition, make . "
order that the child be placed under supervision for any period no
exceeding, three years in the first instance. " '
(3) Notwithstanding anything contained in sub-section (1) orsu
section (2), if at any time it appears to the juvenile court, on receivin:
a report from the Probation Officer or otherwise, that there has bee.
a breach of any of the conditions imposed by it in respect of the; chiio.
it may, after making such inquiry as it deems fit, order the child “ti
be sent to a children’s home. ' "
7. Where a parent or guardian of a child complains to the juv ‘
nile court that he is not able to exercise proper care and control ov‘c'
the child and the juvenile court is satisfied on inquiry that proceedin_
under this Act should be initiated regarding the child, it may sen
the child toja remand home and make such further inquiry as it ma
deem fit and the provisions of sections 5 and 6 shall, as far as may n
apply to such proceedings. '
 
8. In the case of child whose original place of residence lie:
outside the jurisdiction of the court before which .Lt is brought, thd
court may, if satisfied after due inquiry that it is expedient so'to do
send the child back to a relative or a fit person wiiliii
to receive him and exercise proper care and control over him.
9. Where at any stage of a proceeding under this part the coat
so considers it expedient in the interest of the child, it may mak:
such interim order as it thinks fit for the detention or continue-
detention of the child in a place of safety, or for his committ
to the care of a fit person who is willing to take care of "him. I;
PART III
SPECIAL OFFENCES IN RESPECT OF CHILDREN '   
  
 
10. (1) Whoever having the actual charge of or control ov_
a child abandons, exposes or wilfully neglects, or i'll-tl‘tijli.s o
assaults suCh child in a manner likely to cause such child unneees .:
suffering or injury to his health shall be punishable With impriso
meat of either description for a term which may extend to six mont
or with fine which may extend to two hundred rupees or with both;
7
'(2) 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 wilfully
fails to provide adequate food, clothing, medical aid orlodging for
the' Child.
(3) A person may be convicted of an offence under this section
notwithstanding that actual suffering injury to health was obviated
by the action of another person.
(4), Nothing in this section shall be construed to take away or
efifect the right of any parent, teacher or other pCI'SOnS having the
lawful cpntrbl or charge of a chiid to administer punishment to
such child. ,
11._’(1)11Whoever for his own profit causes any child having
thefacttiai charge of 'or control over a child allows that child to be
in any‘st'r'e'et, premises or place for the‘pur’pose of begging 'or receiving
arms, shall be punishable with imprisonment of either description‘for
a term which may extend to one year or with fine which may extend ’
to five hundred rupees or with both.
(2) The State Government may, by notification in the oflicial
Qazet‘tehexempt from liability to punishment under this section any
glass of persons in any district or place where this Act may be in
operation.
12. If any per'son is found drunk in’any public street or other
public place whether a building or not while having the charge of
a child apparently under the age of seven years and if such person
is incapable by reason of his drunkenness of taking due care of the
child, he may be arrested and shah, if the child is under that age
be punishable with fine which may extend to fifty rupees.
" I3. 'Wh'oever'in any public street or other public place, whether
a building or not causes to be given to any child any intoxicating drug
or liquor ‘e’Xcept 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 fifty Tupees. ‘
“14., It shall be the duty of a police officer to seize any bidies,
cigaretteS, tobacco or smoking mixture in the possession of a child
whom he finds smoking in any street or public place and any bidies,
cigarettes,4tobac.cooi' smoking mixture so seized shall be forfeited to
the” State Government and every such police officer shall be authorised
seareh“flany Child so ’foundsm'oking but no girl shall be so searched
e'iz’cc’pt” by a 'female ofi‘icer.
twins... Whoever takes an article on pawn from a child whether
Qfiegedi by that child on his own behalf or on behalf of any other
99331931 §hfiail'he punishabie with imprisonment of either description for
a term which may «extend to rone month or with fine which may extend
to one hundred rupees or with both.
Causing or
a110wing
child to beg.
Penalty for
being drunk
while in—
charge of a
child.
Penalty for
giving in-
toxicating
drug or ii-
qnor to a
child.
Seizure by
police officer
of any bidies.
Cigarettes,
tobacco or
smoking
mixture in
possession
of child.
Penalty for
taking pawn
from a ’child.
Allowing
child to re-
side in fre-
quent to
brothel.
Causing or
encoura-
ging seduc«
tio_n, etc. ,
Girls expo-
led to risk
of seduction
etc. or cru~
elty treated.
Seduction
or outrage
of modesty.
Exploitation
of child em-
ployees.
Detention of
child in place
of safety.
this Act or under Chapter XVI of the Indian Penal Code, 1860;;
8
16. Whoever having the actual charge of or control over, child
between the age of four and eighteen allows or- permits that child to
reside in or frequent a brothel shall be punishable with imprisonment
of either description for a term which may extend to two years or
with fine which may extend to one thousand rupees or with both.
17. (1) Whoever having the actual Charge of, or control over, a;
girl, under the age of eighteen years causes or encourages the seduction:
(which shall include inducement to indulge in immoral behaviour) 01";
prostitution of that girls or causes or encourage any one other than he t
husband provided his wife has attained the age of fourteen years t '
have sexual intercourse with her shall, on conviction be punished with V
imprisonment of either description for a term which may extend to two
yeaths’ or With fine which may extend to one thousand rupees or wit
b0 . / ' i
(2) For- the purposes of this section a person shall be deeme
to have caused or encouraged the seduction. of a girl or to have induce E
her to behave immorally if he has knowingly allowed the girl to conso "
With, or to enter or continue in the employment of, any prostitute, or
person of known immoral character.
18. If it appears to a court on the complaint of any person that
a girl under the age of eighteen is being treated with .cruelty by heifl
parent or guardian or that such girl with or without the knowledge;
of her parent or guardian is exposed to the risk of seduction or prosti-‘f
tution or of living a life of prostitution the Court may direct the‘
parent or guardian to enter for a specific period into a recogizance
to exercise due care and supervision in respect of such girl.
19. Whoever seduces or indulges in immoral behaviour With a girl
under the age of eighteen years shall, on conviction, be punished, with
imprisonment of either description for a term which may extend to
two years or With fine Which may extend to one thousand rupees or
with both. '
20. (1) Whoever secures a child extensively for the purpose of
menial employment or for labour in a factory or other establishment, ,
but in fact exploits the child for his own ends, withholds 01' lives on
his savings, shall on conviction, be punished With fine which may:
extend to one thousand rupees. 2
(2) Whoever secure a child for any of the purposes mentionedif
in sub-section (1), and exposes such child to the risk of seduction,?1
be punished with imprisonment of either description for a term- which‘;
may extend to two years or with fine which may extend to one thousan
rupees or with both. « ‘ ;
(3) Any person who knowingly avails himself of the labou‘:
of a child exploited in the manner referred to in sub-section (1
or (2) or for whose immoral gratification such child is used shall be
liable as an abetter. ii
21. (1) Any Police Officer, not below the rank of Sub—Inspecto ‘
or a. person authorised in the manner prescribed may take to a place"
of safety any child in respect of Whom an ofl‘ence punishable under;
 
 
  
   
     
   
   
 
ha: been or there is reason to believe has been or is likely to b i:
9 /
(2) A child so taken to a place of safety and, also any child
who seeks refuge in a place of safety may be detained there until
he can be brought before the Court, but such ‘ detention shall not,
in the absence of a special order of the court, exceed a period of
twenty-four hours exclusive of the time necessary for the journey
from the place of detention to the court and the court may make
such order as mentioned in Sub-section (3) or may cause the child to
be dealt with as circumStances may admit and require until the}
charge made against any person in respect of any offence as aforesaid
with regard to the child has been determined by the conviction,
discharge or acquittal of such person.
(3) Whexe it appears to the court that .an offence as aforesaid
has been or is likely to be committed in respect of any child who is
brought before the court and thatit is expedient in the'interests of the»
child that an order should be made under this sub-section, the court
may make such order as may be deemed necessary for the care and
detention of the chiid for a reasonabte time under this Act during the
pendency of the enquiry. ‘
22. (1) Where any person having the actual charge of or control
over a child has been:—- .
(a) convicted of committing in respect of such child an ofi‘ence
punishable under this Act or under Chapter XVI of the Indian
Penal Code, 1860, or '
(b) committed“ for trial for any such offence; or
(c) bound over to keep the peace towards such child by any
court, that Court may either at the time when the person is
so convicted or committed for trial on bound 'over or at any -
. other time, order that the child be taken out -of the charge
and control of the person so convicted, committed for trial
or bound over and be committed to the care of a relative
of the child or other fit person named by the court (such ,
relative or other person being willing to undertake such care)
until he attains the age of eighteen years or for any shorter
period and that court or any court of like jurisdiction may,
of its own motion or on the application of any person from
time to time by order amend, vary and revoke any such order.
(2) The court which makes an order committing a child to the
care' of a relative or other fit person under this section may require
such relative or other person to execute a bond, with or" without
suretieS, to be reSponsible for the good behaviour of the child and
for the observance of such other conditions as the court may impose
for securing that the child may lead an honest and industrious life
and in addition orderthat the child be placed under the supervision
of person named by the court.
(3) If the child has a parent or legal guardian no. order shall
be made under this section unless. _
(i) the parent or legal guardian has been convicted of oncom-
mitteci for trial for the iofi‘ence or has been bound over to
keep the peace towards the child 011 cannot be found, or,‘
Disposal of
child by or-
der of Court.
Warrant to
wch for
child iil-trea-
Id.
10
2
(1‘1)- the court has reason to believe that the parent or legal guardiani
has either been party or privy to the ci‘fence or has by any
actor ormssxon faczhtrized the ofl‘ence or is otherwise unfit
:to have the care of the child.
  
 
   
  
  
  
    
Provided that if» the court thinks. fit, it may, ()1 vxhere such parent 0 n
.grtlzt'diangives an undertaking with 0: without snreties iu aprescribed.
foam to the court allow such chiid to remain in the custody of sug:
patent or..guatdian subject to the supervision of a person namedhyj
thecourt. ‘
(4) Every order under this section shall *be-in writing and an f
snehaqrderr may be made by thecourt in the absence of the child an
theconsent o’i-any person to, undertake. the care of the child in. pnrsuanc. I
ofaany such order .shall be. taken insuchmanner as the Court ma"
think sufficient to bindehim. ’ ’ '
(i) Whereaa order is made under this section and the convictio f_
‘or‘ order binding-the ‘pexson to keen the peace is set aside or th'
person is acquitted, the order shall fozthwith be void except withregar .,
itgaanythipg thatmay .have been tlawt'ulty done under it.
(6) The court, instead of ordering the child to be committed t
thecare of avrelative or other person. may orderthat .the child sham?
bfimt-to- a special school or Children’s home. .
23. (I) If it appears to a magistrate duly empowered under thiai
Act from information ,.on oath onsolemu affirmation laid by any perso *1
who in the opinion of the magistrate is aetiug in the interest of a Child;
‘tfi’at’there‘is reasonable cause to suspect that— '
.(a) the child has..been or is. being wilfully ill-treated 0r neglected in;
any place within its jurisdiction in amannerlikely to cause?
thevchiid unnecessary suffering or to be injurious 'to his.
health; or
' (b) an offence punishable under this" Act or under Chapter XVI
Of'the Indian Penal Code, 1860, has been 03' is being committed
in -respect Of thechild ;
‘the Magistrate may issue asnmmon‘ in: the first instance against the;
perenn' or-petsens in whose care, custody m- contro‘. such child is,§:
‘tQ;producet forthwith the said Child in court, or may is-aue awarrang;
-anthorizin3_anyz Police Ofiicei‘ named, therein to search for such .chil
.aad-mif it, is found that he’ has been or is being wilfully i!’-trea~te
=02}, neglected in themanner aforesaid or that any offence as aforesai
nhasbeen eris being committed in respect of the child to take hi1;
deal and. .idetain him in a place of safety until he can he brough
befiare the-mfigistrate, or authorizing any: Police Officer to remove th,
child with or without search, to a place of safety and detain hi-
there until he can be brought before the magistrate anti the magistrat ‘
tfe’fbrefiyh'om' the“ ewe. is? brought may cemmit him to the care 0 1
a relative or other fit person, in likemanner, as if, the person. in ths f_
M3931- contmlhewas, committedfor trial for an ofience punishabl 'r
nudenthisrAet ; ‘ . ,
 
  
 
  
  
  
   
11
Provided that if the said child is in the custac’y or control“ of
a parent or guardian who being a, female does not accordiag’toa-the
custom and manner of the country appear in pubhc, the magistrate
shall ordinarily issue a summon and the person to whom such summon
is issued shaii be deemed to have compiied with the summons if
instead of personaHy attending in, court the causes the said child to
be produced in court.
(2) A magistrate isSuing a warrant under this section may in‘his
discretion by the same warrant direct that any person accused of
any offence in respect of any child be apprehended and brought before
him, or direct that, if such person executes a bond With sufiicient
sureties for his attendance before the magistrate 'at a specified time
and thereafter until otherwise directed by the magistrate, the oflicer
to-whom the warrant is directed shall take such security and shall
release such person from custody.
(3) The Police Officer executing the warrant shail be accompanied
by the person laying the infurmation if such person so desires, and
may also, if the magistrate by whom the warrant is iSsued so» directs,
be accompanied by a duty qualified medical practitioner.
(4) Inany information or warrant under this sectidn the name
of the child shall be given if known.
24.- (i) If .in any case in which a complaint has been ma'de'b‘y
any person under section 23 the magistrate after such ifiquiryas he
deems necessazy is of oginion tint su'ch information was false and
either frivolous or vexatious, may for reasons to be recpxjded
in writing direct that Compensationftor such an amount not exceeding
five hundred rupees: as he may degermine be paid by such‘informcl
to the person against whom the information was laid.
(2) Before ittaking any order for the payment of compensation, the
magistrate shah cali upon the informer to show cause why he shd-xfld-
not pay compensation and shall consider any cause Which 1"such
informer may show.
(3) The magistrate may by the order directing payment of the
compensation fzuther order that in default of payment the person
ordered! to pay such compensation shall suffer simple imprisonment for
a period of thirty days.
(4) When any person is imprisoned under sub-section (3) the
provisions of sections £8 and 69 of the Indian Penal Code, 1860, shall,
so far as may be, apply. ' »
(5) No person who has been directed to pay compensation under
this section shall by vitiuc of such order be exempted from any civil
or criminal liability in respeCt of the information given by him but
any amount paid as compensation shalt be taken into account in any
subsequent civil suit relating to suCh matter
(6) An informer who has been ordered to pay compensation
exceeding fii‘ty rupees may appeal from the order as of such informer
had been convicted on a trial held by the magistrate directing the
payment of compensation.
Co mpcma -
tion for false
and frivolous
or vexatiows
in formation.
Special
Schooi.
Children’s
home.
Remand
Homes.
12
(7) When an order for the payment of compensation is made
in a case Which is a subject to appeal under sub—section (6) the
compensation shall not be paid to the person ordered to receive it
before the period allowed for the presentation of the appeal has
elapsed or if an appeal is presented before the appeai has been decided
and where such order is made in a case which is not subject to
appeal the compensation shall not be paid before the expiration of one
month from the date of the order.
PART IV
CHILDREN’S HOME REMAND HOMES, SPECIAL
SCHOOLS AND OTHER INSTITUTIONS
  
   
   
 
  
  
    
  
  
   
 
  
   
 
25. (1) The State Government may estabiish and maintain as
many Special schools as may be necessary for the reception of delinquen
children under this Act. . ‘
(2) Every speciai/ school to which a delinquent child is sent under
this Act shall provide the child With accemodation,maintenauce an
facilities for education but also provide him with facilities for thy
development of his character and abilities and give him necessar
training for his reformation and shailaiso perform such other f1.1110tion§7
as may be prescribed. _ . - ‘
(3) The State Government may, by rules made under this Act:
provide for the management of special schools, ,2
26. (1) The State Government may establish and maintain 3":
many children’s homes as may be necessary for the reception 0;
negiected children under this Act. ‘
(2) Every children’s home to which a neglec!ed child is sent unde7
this Act shall not. only provide the child with accomodation, mainteg
nance, and facilities for education, but also provide him With facilitie
' for the development of his character and abilities and give him necessar
training for protecting himself against moral~ dangers or exp‘toitatio;
and shall also perform such other functions as may be prescribe x;
(3) The State Government may, by rules made under this Aer:
provide for the management of children’s homes. ‘:
27. (1) The State Government may establish and maintain
many remand homes as may be necessary {or the temporary reset;
tion of children during the pendency of any inquiry regarding the
under this Act. _ '
(2) Every remand home to which achild is sent under thisA
shall no: only provide the child with accomodation,maintenance an‘
faeilities for. medical examination and treatment, but also provide hij
With facilities for useful occupation. . i
(3) The State Government may, by rules made under this AM
provide for the management of remand home. . '
I3
28. (_ 1) 'A committee shall be appointed by the State Government
for the control and management of every special or children’s Home
established under sub—section (1) of section 25 and sub-scction (1) of
section 26.
(2) A superintendent shall be appointed by the State Government
for each special school or children’s home Who shall be the manager
of the special school or children’s home for the purposes of this Act,
under the control and supervision of the Committee.
29. (1) The State Government shall appoint a registeregl medical
practitioner as a Medical Inspector for the purposes of this Act.
(2) The Medical InSpeCto: may visit any Children’s Home,
Special School, or any other institution established under this Act
at any time with or without notice to its manager in crder to
report to the Chief InsPector on the health of the inmates and
the sanitary condition of the school or home.
Provided that where any such school or. home is for the reception
exclusive‘iy of girls, a male registered medical practitioner shall not
Visit such home or‘school without giving previous notice to the
manager thereof.
30.. The State Government may for the purposes of this Act ‘
appoint the following Officers :-——
(a) The Chief inspector of institutions.
(b) Inspectors and Assistant Inspectors of institutions.
(c) The. Probation Officer.
(d) Such other otficers as ‘may be necessary.
31. It shall be the duty of ProbatiOn Officer:
(a) to inquire, in accordance with the direction of a juvenile
court, into the antecedents and family history of child
accused of an offence, With a view to assist the court
in making the inquiry ;_
(b) to visit neglected and delinquent children at such in-
tervals as the probation ofiicer may think fit ;
(c) to i'eport to the juvenile court as to the behaviour
of any neglected or delinquent. ciiild ;
?(d) to advise and assist neglected or delinquent children
and, if necessary, endeavour, to find them suitable
employment ;
(e) 'where a neglected or delinquent child is placed under
the care of any person on certain conditions, to see
whether such conditiOns are beng complied With ; and
' (f) to perform such other duties as may be prescribed.
Management
of Schools.
J
Medical
Inspector.
Appoin t-
ment of Cfli—
cers.
Duties of
probation
Officex.
Powers and
duties'of
Chief inspec~
tors and ins-
pectors.
Bail of Chil-
dren arrested.
Explanation.
Custody of
children not
released on
bail.
his opinion is a sufficient and suitahie surety, enters into abond for!
>14
    
      
 
32. (1) Powers and duties of the Chief-Inspectors, Inspector?
and Assistant {hepectors of institutions shall he as those provide?
under the provisions of this Act and the 111165 made thereun’di
and in accordance with general or special order which the stat-t
government or any officer authorised in this behaii may make to?
the purpose of carrying out the provisions of this Act. '
(2) Every institution under the Act shall be liable to inSpectid‘
at all times and in all its departments by the Chief Inspector. In
pector or Assistant Inspector and shall be. so inspected at tear ;
once in every year. ‘K
(3) The Chief—Inspector, inspector or Assistant Inspector shall 2830
have a right to visit any institution at any time.
PART V
DELINQUENT CHILDREN
33. {.13 When a person apparently under the age of eighteen year ‘1
is arrested for a non-baiiabie offence and cannot be bretight forthw‘it L,
before a court, the officer in charge of the police station to whic f;
such person is brought may in any case and shall unless the offence i";
one of culpable homicide or is an offence punishable with death:
or transportation, release him on bail ?_f suficient security is forth-g
coming unless, for reasons to be recorded in Writing, the officer believes,-
that such releaSe would being him into asweiation with any reputed}
criminal or expose him to moral danger or that his release would defeat:
the ends of justice: ‘
 
  
  
  
Provided that Where a girl apgarenriy under the age of sixteeni
year; is arrested the officer in charge of a police Station who has
made the arreit or before whom the giri-is brought shall release»;
her at once if any person Who is a relative of the girl or a societylz
or institution of the same religious persuasion as the girl, who ini’
such sum of money as the officer considers suflicient to produce
her before the court or to appear in’ her stead If required at the
Police Station.
(2) For the purpose _of this section the expression "relative”
means parents, grand parents,brothers, Sisters, uncies, aunts and first?
cousins.
34. (1) Where a person apparently under the age of eighteen years
having been arrested is not released under section 33 or otherwise”
the officer-in-charge of the police station or such other ofiicer who ha
arrested him shall cause him to be kept in a remand heme in mi
prescribed manner (but not in a poiice station or jail) until he ca
be brought before a J uvenile court.
(2) When Such person is not released on bail ufid’er section 33(1)
by the Juvenile eourt, it shall, 'i'n'stead of committing him to prison,
make an order sending him to a remand home For such period
during the pendency of the inquiry regarding him as may be Specified
in the order. '
 
15
35. A court, on remanding or committing for trial a child who is not
i'eleased on bail, shall order him to be detained in the presented manner.
36. Where a child is arrested, the ofiicer 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 Juvenile
court before which the child Will appear ; and
(b) the probation officer of such atreSt in order to enabie him
to obtain information regarding the antecedents and family
history of the child and other material circumstances likely
to be of assistance to the J uvemie Court for making the inquiry.
37. (l) Where a child is charged with any offence or is brought
before a court on an application for an order to send him to an
special school,- his parent or guardian may, in any case, and shall
if he can be found and resides within a reasonable distance, be
required to attend at the court before which the case is heard
during all the stages of the proceedings unleSS the court is satisfied
that ,it would be unreasonable to require his attendance;
(2) .Where a child is'arrested, the officer in—charge of the police
station to which he is brought shall require the parent or guardian
of the child if he can be found, to attend the court before which the
child shall be produced ;
(3) .The parent or guardian whose attendance shall be required
under this section shall be the parent or guardian having the charge of
or control over the child ; '
(4) The attendance or" the parent of a child shall not be required
under this section in any case whete the child was, before the institution
of‘the proceedings, removed from the custody or charge of his parent
by an order of a court.
(5) Nothing in this section shall be deemed to rectors the
attendance of the mother or the female guardian of a thild if such
mdther or female guardian does not according to custom, rippeilr in
public, but any such mother .or female guardian may be represented
,by an advocate or a duly authorised agent.
38. (1) Notwithstanding anything to the contrary contained in any
law, no court shall sentence a child to death or transportation or
imotisonment, for any. term or commit him to prison in default of
(payment of fine :
‘Provided that where a chiid who‘ has attained the age of
tiourteen years has committed 'an offence and the Juvenile court
is satisfied that the offence committed is of so serious at nature or
that his conduct and behaviour have been such that it would not
be: inmhis 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 safe custody in
such, place and manner as it thinks fit and shall report the case
for the orders of the State Government.
(2): On receipt of a report from a children’s court under sub-
section (1);»thev-State Government may make such arrangement in
Remand or
committal to
custody.
Information
to parent or
guardian or
probation
officer.
Attendance
in court of
parent ‘ of
chiid.
S enience that
may not”'be
passed on
child.
16
reapect of the child as he deems proper and may order such delin
quent child to beadetained at such place and on such conditio:
as it thinks fit: , 2
Provided that the period of detention so ordered- shall not exceei
the maximum period of imprisonment to which the child could has“
No procw been sentenced for the offence committed. ,
ding under 39. Notwithstanding anything contained in the Code of Crimin
Chapter VI‘I Procedure, 1973 ( 2 of 1974)‘no proceedings shall be instituted andfi
g? @3193 order shall be passed against a chiid under Chapter VIII of t ‘
Procedure, said Code. . '
1973 (2 of '
1974) against
achild.
,
Orders that 40. (1) NotWithstanding anything to the contrary contained 1
may not be ‘ any other law for the time being in force, no delinquent child
passed against be sentence to death or imprisonment, or committed to prison '2
dennquent default of payment of fine or in default of furnishing security : ,
chil .
dren Ptovided that wherea child who has attained the age of fourte
years has committed an offence and the juvenile court is satisfied th
the ofi'ence committed is of so serious a nature or that his condu
and behaviour have been such that it would not be in his interest ’
in the interest of other children in a special school to send him to sue
special schOol and that'none of the measures provided under this Aw?
is suitable or sufficient, the juvenile court may order the delinque‘l
child to be kept in safe custody in such place and manner as it think
fit and shall report the case for the orders of the State Government.
(2) On receipt of the report from a juvenile court under 311
section (1), the State Government may make such arrangement i;
reSpect of the child as he deems proper and may order such delinque ;
child to be detained at such place and on such conditions as it thinks fit”?
Provided that the petiod of detention so . ordered shall not exceec
the maximum period Of 1mprisonment-to which the child could haw;
sentenced for- the ofi'ence committed.
Orders that 41. (1) Where a juvenile court is satisfied on inquiry that a chili,
3334310535 r_ has committed an ofi'ence, then, notwithstanding anything to the contra
ding (Mg? contained in any other- law for the time being in force, the juvenils
quem ch11. court may, if it so thinks fit. ’ a .
m (a) allow the child to go home after advice or admonition;
(b) direct the child to be released on probation of good condu
and placed under- the care of any parent, guardian or othe
fit person on such parent, guardian or other fit person executin f
a bond, with or without surety as that court may requir;
for the good behaviour and well being of the child for an
period not exceeding three years;
to) make an order directing the child to be sent to a special school
(i) in the case of a child over fourteen years of age, fo
a period of not less than three years ; ' ’g
(ii) in the came of any other child, for a periOd until h
ceases to be a chlld : :
Provided that the juvenile court may, if it is satisfied that havin
togard to the nature of the offence and the circumstances of the o;
it is expedient so to do, for lcaSons to be recorded, reduce the pen:
of stay to such pmod as it thinks fit.
 
  
    
    
  
    
   
   
  
   
  
  
 
/
'17
Provided further that the juvenile court may, for reasons to be
recorded, extend the period of. such stay, but in no‘ case the perioj of
stay shall extend beyond the time when the child attains the age of
nineteen years ; ~
(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 (d) of sub-Section (‘1)
is made, thejuvenile 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 delinquent child shall remain under the super-
vision 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 o£ thez-delinquent child :
Provided that if at any time afterward'sit appears to the juvenile
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
tit, order the delinquent child to/be. sent to a special school.
(3) The juvenile 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 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 oificer. '
(4) In determining the special school, or any petSon to whose
custody a child is to be committed on entrusted under this Act,
the court shall pay due regard: to: the religious denomination of the
child to ensure that religious instruction contrary to the religious
persuation of the child is not imparted to him.
42. Notwithstanding anything contained in any other law, a
child who has committed an offence and has been dealt with under
the. provisions of- this .- Act shall: not suffen disqualification, if any,
attaching to a conviction of an ofl‘ence under such law.
43. Notwithstanding: anything contained: in, this Act,
ceedings 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, committed» an ofi'ence, it shall
record such finding and, instead of passing any sentence in respect of
the'child; forward: the.- chil'dvvto: the juvenile court Which shall pass
orderstin respect of that. child; lini'aecordance with the provisions of
this Act as if it had beenasatisfied 0n" inquiry under this Act that the

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