LexThe ODISHA CHILDREN ACT, 1981
Odisha · state statute
Open in Lexace · Ask the AI about this act. .. - !;i Rec.ei~ed , the . assenc, of the ~rqiqnt a on, :.the ; &.!Zy?. ,1~982,,-j?~sl:
. . : , -. -, ,I: 1 published in . ari extraor dinqry aj~sue of. t!?e$. . Or~s+,+tt~, &ted '
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. . . .,. I . , . .. '. .- . ,, ! ..; . - I:: the. 3Q!h Npvember,, 19821, , , :- : . ,. ... -
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AN ACT TO PR~VIDE FOR FHB,C*RB;- PRQWTION,.UI&ANCB, mpm,
,.. I. .. TRAINING, EDUCATION AND REHABILITATION ON NBGLECraD OF
. -: . . -, DB~MQZ~BEFF CHILDREN A~D,,EOR .mB ,TRIAL .UP DB~LINQUENT .umi.~~&
rN THE STATE OF ORI~ 'I-.' ! .. J; . :.,, :; tT
, .
' '-! .:BE,'-it enacted 'by' the ~Legslafure' of.,the .Slate ,of':Orisg,lin;thi: :*.tfid
Year bf the Republic of India, as follows :- .ti .A:m :[
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Sbm due, , 1. (1) This Act may be called the . Orissa .. Children Act, 1982.
. ., . .. stat and . , .f, ,,,, , . . . . , . . , :;:. .!:I ",n.;r,i,, , , ,: jh' /i\>
- (2) It extends to the whole of State of Orissa.
mcni. . . . ,., . , . .. . ,
, - i.; 8'jl2ri ,, ,, ! ;;,, ;: < : : ii!;! ,,-;!;!!gob 'Yj
. : "(3) -1; .';ball &e, iito force .: in,. whole; or yip ,part qp such , date the sak Government may, by -qotificatio.n, appoint. ,and +ffaent dates - may be appointed fa
different areas of the State. . . -. !:
'tl .
Defidtioni.
'
2. In this Act,. udess-- the wit& votheiwise::req~~~,-i~ ..::. ,::. ." i:,, j
=.I, t , , .-. . . , . ...' . 1: .::!; *,:-%
- (a) "begging" means- . , . , . .:- -- ., , . ., * . . ..I , .. . i ,:, ,-, ; t:;
(i) soliciting or receiving alms at any , pyblic or private or entering on any private premises for 'sohatlng or .redving alms whether . . . . under the 'pretence of ' singing; dancing. : fortuneiteui~ performing
tricks or selling articles , .or ' otherwise ; : , : . . - . , . ,
, ,
(ii) exposing or exhibiting, ' with the object of obtaining mdng
, 'alms, 'any sore, wound; : injury;- - defopity- or ,,disease, . whether of
hiheif or of any othdf person 'or of an acmal- ;. . . . . . ..>! , - . .
(iil) allowing 'b&clf to be used: & an :~xhibii, fof th&bi&se of son- - >
,. . . . ; : .citing, or receiving alms - ;. . - . , ., .. . ,,
(b) "Board" means a Child Welfare ~oard &nstituted vndk section 4 ; . . . , - ,
P . . .. , ", -
(c) I'brothel", , . "pro2 ti tute," LLpr~stitutiod'. and *publid @&e": 5hd have *helm d 1958
: mdg rapectively assigned- to. them in - the. Supprekion of bmod Traffic in Women and Girls Act, 1956' ; . -. .. .,.,
, , ,. ,,. . - .. . (4- "child': means a boy who has nit ittaihid ' the :ig= of $x;eeh, $&s a girl who has not attained the"age of eiglrleen' 'y&s "j
,-.
" ''c : (E) ."childreds mi$': me& a mkt +nstittitid 'undki' 'sdii -. . 14 ; . ,, . . , .
"childreds borne.' means in ibtimtion eitaljlisbed .. or ., &rt8id:-by: ...-.. . theGovun-
ment under section 8 as a children's home' ';
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*For Slatemat ebjects and reasons, see OrlSsa Qmt@, BxtpordI~, dated the 30th ..,
" - ' septkmbcr, ,1981 No., (1284). -- . .. . ,.,, .I ... . I .. ._. . ..,-- i.,; ... . ,,
**cbaprer .and' Smtib* 43'0r chapter VI came into 'Tort:' with eiF( from the
31s! August 1986, . Vide, Home. .. , , ,. , , ; -:,. '1 0' ' . ,'I.)
Dommant Noacatian N;: s~~LBJIs'~!~?~ 28e .. - ,-. ~k$t~:1986:: . <A, .- .... -- ::~d.- t>
c;, * 1- . . . .:."
THE ORISSA CHILDREN- A&, 1981
r..- ,/,*I .-..'>~o&$~<*~~!~~ &fd482]2 ;.;,;-: ,.
(See; .2 contd.)
(g)~~~pet&t %thd$@' pe@ -is1 ralatipn iegleoted children, a Boad
eb;&hht&' &der!.jeetih ;. 4 1 &ij;;i~'&htion to:'', dilinqi&t i children, a
childrm's court (;o&&ed uris lkecti& 14,,'and, where no such Board of
children's court is constituted,-includes any court empowered under sub-
section (2) of section 6 or sub-section (2) of section 16 to exercise the
I,:
;"f .pbxm~ ; add-, 1 bxT&,.Boad. sr? cKl&enYs-i m; , I , , , , - q~ j-::~2,;.!~;)~ ?fi!Y;T:.::: !,; ix <-<-,:): ;:: . .,., 1:;r y-! ,;*, - . , .
&iUWerol~s :dnrgW<i dull rhaTe:,the: meaning ,mime& to,- if in .the Dangerous I9j0
- - Drugs Ad, 1930 ~.i)!.'l!j ,,:I i ,. i:, i ;,
k, :i. :; --;(l): .Yddmqv,kt.,chiIa"; meanra child1 who-has, Reen . . f~uafi to, - bve . coppitted . . , .. ;a. . .... an offence; - , , , . . ,.. . I< . . r r. <.I ,.::: ; , -, .
Cf) "fit person" or "fit instit~tio~E~%q~~any person or institution (not being
a policestation or jail) found fit by the competent authority to receive
and take care of a child eritmted.to r~s or its are and protection on the
terms and conditions specified by the competent authority; rzp: ,,: (;L.:!.': ;:I :. .;,, - , : .. -- ..-. . ,
(k) "Government" means the Goverriment af the ~~te df Oh; . . . .-- ..... ,- .. ..L 1C ,-::.:< : : .,:,a,- -i - 7- . ... . , '. .- ,.
(9 "guardian" in relation to a child includes any person who, in the opinion
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3t~ 12 L. ? 6f tli*hpet&t iifhority 4aving ' 'kignizkii* qf: any procedingd !in relation
,
t1,1 1.2::: ! ::b a.&iId!b,. for :th='*he 'being tki.. aemd charge f of .~r .:. < ,' ... . - that child; ..... :, I r .;
(m) "intoxicant-. mag-7 any; -.liquor or, :jntoxi&ting drug .c@ deined - In the B. 0. Em Act
Bihr and Orissa Excise Act, 1915; 2 of ,1915. :.
-. . .?
. . , . .. (n) "neglected chiId" means a child wh+
tn., -,, . '.'. ' - c,, ., >;;,;,, . .,
. .
... ,A .... (ry~ , fbundn kv~, ai , , , .. ,!I :. ' . '..LL2', . ,
........... ,, : ., . - ' . . -1. ._. ... . ';.;r; ' ., ' ,
. .. . .- (ti) is found kith& btavidg- any home or. settled 'place of abode or any
ostensible mas -6f:hbsistence :-,or is found to be'a destitute, whether
he is au orphqn or not ; or .
iv) lives, in a b~thel or with postipte or frequently goes to any place
.., . . -(- -" ~ed for the!'pur$&e of prosfihti~n, or : is found! -. to associate with
an prostitute or any other ,person: who leads an mnmoral, drunker
. or depqtved life; or . , Y.' , , .. -
(v) is a victim of an act which is punishable under section 354, 355, &OAj:z6,
.'I
_I .. ' 1. . 363,363-4, 3'66, 366A, 1367 or 373' of.- the- Irih - Penal. Code,lSM)
>, . or -ithilei the A Suppgessioa of. hyqral Tr&c(:in-i ... Vdmm and Girls
.8:L - ,> . -- - , (. 7. , - ActJ956; .-.:.. Liil.7.
(0) "obs$-yition home''. m- any institution or place established or recognised
- by the,.[jqverment vnder scan 43' $s an 6bserVation :home; ,
, .. .... . . .-- . ,
(p) ''plqw ?f safety'' m9ns any pl- or institution (not being a poIice-
statiod or jail); the perma in charge of ' which is willing tempotatiIy
., . to .rg.cei~e aqd +e. ,que of a cbild and which. in the. opinion of the
... &mpe?e=t hutborify may be a. .place of -safety, foe the child;. -
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.. I - .. ..... .- . ., : " ... ..........
(q) "prescribed"-means peseribed by rules m.ade under this Act;
--I .. ..,
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(r) "Probation Oi5&;" means an officer appointed a;' Frobation Offiqe? under
20 of 195s
this Act or under the Robation of QEenders Act, 1958;
(3) "special schoql" qgae aq institution , established or cenified by the
~ove-ent under section 18;
THE OIUSSA CHILDREN ACT, I983
[Orissa Act 24 or 19821
. , . (t) "supemision" in relalion to a child pIaced under the care of any parcut
' guardian- or other fit pcuon or fit instihrtion under this Act, means the
supervision of that child by a Probation Officer for the purpose of
, unsuring that the, chi!$ is properly looked. dter and that the conditions
imposed by -the# competent authority ?re complied with ; ,and . ,
(u) dl words and expmsions used but not defincd in this Act and defined in 2 of 1974-
-. the Code of Criminal. Proedure, 1973 shall have the meaningqassigned to
thcm in that Code. , , . .
, ,
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cauinua-
tbn of 3. Where an inquiry has bcen inihred against a child and during the coursz of
a,& lo such inquiry the child cases to be such, then, notwithstanding anything cantained
or in this Act or in any other law for the time being in force, the inquiw may be
a whocontinued and orders may be made in respect of such person as if suchperjon
ccagbd had c~ntinued to be a child. to be a child.
CHAPTER I1
UlUd '. 4. (1) The Goverament may, by notfication, constitute for any area sipzdied
mKm the aotilhtion one or mark Child Welfare Boards for exercising the pow& .and
Bwdas. discharging the duties coderred or imposed on such Board in relation to neglected
children under thi~ Act and Government also alter the territorial jurisdiction
of the Bd.
(2) A Boad shallconsist of a Chairman and such other members as rhe
Government thinks fit to appoint, of whom at -least onc shall, as far as practi@!e,
be a woman and every such member shallbe vested with the powers of a Judicial
Magistrate of the first ckss under the Code of Criminal Procedure, 1973.
, - . , , .
Proccdura, 5. (1) Tn the event . of any differem dr opinion' among the members of a
ek in mla- hrd ,the opinion of the majority sball prevail, but wherl: thcrz is no such rnajofify. tjmtOth~ the O~IILIO~ of the Chairman shall prevail. Boards.
(2) A Board may, act nohvitbstanding thc absence .of any member of the
Boatd and no order made by the Bmid shal be invalicd by rmon only of the
absence of any member during any stagc of ihc proczzdings.
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(3) NO person shall bc appointed as a member of the Board unless hc ,has,
in the opinion of the Government, special knowledge child psychology and child
welfare or has experience or has underguue training in dcaling with neglected
children,
Powa ot 6. (1) Where a Road has hen constituted ior any area, such-~oardshall not-
thcBoarU. withghnding:ang contained in any other law for the time being in force, but
save as othewise e~pressly provided in this Act, have power to deal exclusively
with a11 proweding under this Act, rehting to neglected childrn :
Provided that if the Goyerryent so desire, they may assign the bnctions of the
had to the childreds court, and vice versa : .
Provided fitther that a Board may, if it is of opinion that it is necessm so to
do baviug rewd to the cisurnstances of thz case, transfer and proceedings to any
children's Court : , . ,
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&ded that whore there is '&y diff~rence of opinion between Baard or
&y authority. than Chief Ju$&l Magistqte of the Districf functioning as
Board und& su-ion (2) iand 'a children's mart regarding the transfer of any
THE 0I:ISSA CHILDREN- ALI, 198 81
[ Orissa Act 24 of 1982 1
proceedings under the ,second proviso, it shall be referred to thc Chief Sudid
Magistrate of-the Dlstricl for decision and in a case where the Chief 'Judicial Ma*
trate of the District iilfunctioning-mas; -a Board such difference of. opi&on shall be
referred to the Court of Session and the decision of theCCbief Judicial Magistnte
of thc District or, as the case may be, the Court of Session on such reference
shall be final.
m . -
(2) Where no Board has been constituted for any ' area, tlie Government
may, by notht~on, direct that the powers conferred on the Board-- by or under
th Act shall be exccc~sed [n that area by any of the following authorities, namely:-
'.,
(a) the Chief ludicid Magistrate of the District, .
, ,
. ,
(b) the Subdivisioml Judicial Magistrate, .
(c) any Judicial Magistratc of the first class.
-dm
to be foU0- 7. (1) When any Magistrate not empowered to exericise the powers of a Bod
wcdbya under-this Act is of opidon that a penon brought berore him under any of the
Magishate ProvlsIons of thrs Act (otherwise fhn for the purposc of giving evidence) 1s a
, >
not Won- chtld. he shall record such opinion and fo~ard the child and the record of the . , ,
ered rmda ~roceedlng to the competent authority ,having jurisdiction over the *roceeding,.
,'
(2) The competent authority to which the proceeding is fdrwarded under
sub-section (I) shall hold the inquiry as if the child had orlgdy been brought
before it.
Chltdren's 8. (I) The Government may establish and maintain as many chiIhe?'s horn&
homa. as may be necessary for the reception of neglected childrcn under ths Act-
(2) When the Government is of opinion that any instirution, other thm a
c!Idrtn's home established under sub-scction (I), is Iit for the reception or neglected , .
chrldren under this Act, they may certify such' iditution as a children's hop '
I1 -
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under this Act.
(3) Every children's home to which a neglected child ii sent ubder this Act,
shal I not only provide the child with accommodation, miintenance and facilities
for education, but also provide him with facilities for the development of his
character and abilities and give him newssary tdpi- for protecting himseH against
moral dangers or exploitation and shaIL also perform , such other functions as may
be prescribed to ensure all-round growth and development of his personality, -
(4) The Government may, by rules madc uadcr this Act, provide for the
management of children's home including the standards and the -nature of sewim
to bc maintained by them and the circumstances under which and the manner in
which the certificate oi a childreds home may be granted or withd~awn. i
I
! Production 9- (1) If any palic~ officer, or any other person authorised by the Government
of ndcrctcd in this behalf, by general or special order, is of opinion tbat a person is apparently Ehudren a neglectcd cl~ild,~ sucll -police officer or authorised pemn may rake charge of thit
1 hf0~ Board. Preson for bringing hm before a Board. -.
(2) When information is given to an officer-in-charge of a pol&tntionabout
any neglected child found within the limits of such statios, he shall enter in a
book to be kept for the purpose the substance of such information and take such
action thereon as he deems fit and if such' officer. does' not proposeto take charge
of the.child. heshdl forward a copy of- the: ,so ,made to the Bmd. ,'
,., , ,- , ., ,. , <, ,. ,:;., ; , <:,', ,..:;, ,; ;,, ,.I8 :,!;
Orissa Act 24 of 18821
(3) Every cud takcn charge of under sub-section (I) shall be brought before
the Board within nventy-four hours of such charge being taken excluding the time
necessary for the journey from the place where the child bad been taken rharpe of
to the Board.
I
(4) Every child taken cbarge of under sub-section (I) shaU, unless hc is kept
with his parent or guardian, be sent to an observation home (but not to a police'
station or jail) until he can bc brought before a Board. . . ,, ,
Bpsialprace- . 10. (1) IF a person;who, in the opinion of the poIicc oEcer or the authoriscd
durn be person, is a neglected child, has a parbnt or.yiudian who has the actunl charge of eonow* or control over the child, the policc officer or 4 hc zuthbri~ed person may instead wlla
nddd ,:::of taking charge of the child, make a reparl'to thc Board Tor ihitiatinglau inquiry
child has reding that child.
Parent
(2) On rcceipt of a rzport under subsection (I) the Board may dl upon
the parcat or guardian- to prodice the child beforc 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 removed from
. . its jurisdiction or to be conwed it may immediately order his rhoval (iinccessary
by, issuing a search warrant for the immediate production of the child) to an
obse~ation home or a place of safety. .
by the BGard. 11. (1) When a person alleged to be a neglected child is produced before a
Board, it shall examine the police officer or the authorised person who brought
the child or 'made' the report and record the substance of such examination and
hold inquiry in the prescribed manner and may make such order in relation to
I I , the child as it may deem fit.
(2) Where a Board is satisfied on enquiry that a chiId is a neglected child and
that it is expcdient so to deal with him, the Board may make an order directing
[he child to be sent to a children's home fof the period until he ceases to be a child:
Provided that the Board may, for reasons to be recorded, extend the period of
such stay, but in nn use the period of stay shall extend beyond the time when'the child
'
atrains the age of eighteen years, in the case of a boy, or twenty yeam in the cast:
of a girI:
provided Cuther that the Board may, if it is statis6ed that having regard t the
circumstances of the mse 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 cbild, the child shall, unless
' he is hpt with his parent. or guardian, be sent to an observation home or a
pkm of safety for such p~riod 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 or unable to exercise or
does not excrcise proper care and control over the child.
12. (1) IT the Board so 1 hi& fit, it may, instead of making an order under
Power to sub section (2) of section 1 I far scndi~ig the child to a dhildrcn's horn! -make.,an
put @wkd ordcr placing the child under the care of a parent, guardian or any fit persc nn or
institution, on such parreot, guardian or fil pcrshn, execotion a bond with or
mwy, ', withoct surety to be responsibIe for the good behaviour and well-teing of the
','chiId and for the observanbc of Sukh conditions as the Board may think fit to impose.
THE ORTSSA CM&DRI;,N ACT, 1981
(2) At thc time of makbg an ordcs under sub-section (1) or at any timi:
subsequently, tlie Board may, in addibon, make sn order that the child beplaced
under supenision for any period not exweding thrrc years in the first insbnce.
(3) Notwithstaning anything contained in sub-section (I) or subsection (21, if
at any time it appears to the Board, on receiving 2 rcport TJ-a. ; t!ic P.obation
Weer or otherwise, that there has been a breach 01 an:! or the condirions
imposed by it in respact of the child. it may, after mzliin~ scch inquiry as it
deems fit, order the child to be sent to a children's home.
udfrmtm
hbb W. Where a parent or guardian of a ch11d compiains to Ihe Board that be is -
a&. not able to execise proper care and control over the chi!d and thr: Board is. satW . . - .
pn inquiry that, proceedings under this Act should be initiated. regarding the child,
lt may send the child to an observation home or place of day and make such
further inquiry as it may deem fit: and the provisions of section. I I and section 12
ahall, as far as may be, apply to such proceedings.
-
'DEL~UHNT CEflLI)m .
CMldmf~
wmL 14.0) Notwithstanding anything contained in the Code of Criminal Pro- 2 of 1974
1973. the Government may, by notihtion, constitute for any area spded in .the - notification, one or more children's courts for exerising the powers and discharging
the duties conferred or imposed on such court in relation to delinquent-children
under tbis Act.
, .
(2) The ihildrm'~ CO# shall consist of such nlrmber of Magistrates fo-g a
Beach as the Government tbink fit to appoint of whom one shall be designated as
the senior Magisltate and every such Bench shall have the powers conferred bythe
Code of Crimid Procedure. 1973 on a Judicial Magistrate of the First Class. 2 of197
(3) Every children's court shall be &ted by a panel of two honolary social
workers mssing such qualX&tion as may be pmibed, of whom at last one
shall be a woman and such ptnel shall 'be appointed by the Govwment.
Psdum 15.11) In 16e event of any differen= of opinion among the Magishates of a
8% mlag children's coart, the opinion of the majority shalI prevail, but where there is no such
ts&,B majority, the opinion of the skniar Magistrate sbdl prevail.
am-
(2) Thc chiIdrenJs art nay act notwithstanding the absence of any Mawate
&emf and no order made by the children's court shall be invalid by rwon only
of the absence of any Magistrate during any stage of the procesdiag.
(3) No wrson sld be minted as a Magistrate of the cbildren's ca~rt unless
he bas in the opinion of the Government, special knowledge of child psychology
and child welfare or has undergone training ddng with the delinquent chddrea
Powtl of 16. (1) Whre a children's court has been comtituted for any ara such mutt dddrm'a ahall, notwithtanding anything contained in any other law for _ the time being in
force but save as otherwise expressly ' provided in this Act, bave power to deal
exclusively with all pro~edhgs under thb Act relating to delinquent childffn:
Provided that if the Government so desirc they may assign the fundions of
the Court to the Board :
Provided Mer that a children's wnrt may, if it is of opinion tbat,it is A ,,
so, to .do having regard to the circumstances of the case, transfer.. any
S : ' &$i&d &d. that' whkfe tie&: is sny djfferwe of opinion between :
+udi: &i.. -&$',&thei:!'@tb;brity btfiey- tw . Chief - Judickl . M agi-te ':of -the ,Distric
. ., A - :, 7 fuiiitibm .,, as childien's' COW .under sub-st.ctiPa (2). +d it. ll~md remiling, the
transfer of anjl pmciidings. bader .the second proviso, It: ' shall- ,be 'Men ed , .to. the
Chief ,aJu&cid Magibbte , of the Disrrict. for decision, and in 'a me. where Chief
Jlidicial ' M2gistrat.e of the District is fundoni~g as a clddren's .doua, sue we-
kcev of bpinion sMI' be 'referred ~a,,the Coiirt of. Session and the deuslon ,of
the Chief Judicial Magistrate of the District: or, as the case may be, the Court of
Session on such referenm shall be hal. *.
. ,
.. , li (2) Where no -ckiI&ehls court , has been ukstituted -fir any area the Gown-
meat may, by notification, direct that the powers coderred on the chddren's cburt
by or under this Act shall be exercised in that am by any of thk , foubwia authorities
namely :.- .- . . , . . .
, ,
, , (a) the Chisf ~&&l , .. ~aist:rat~'.'bf tho I DhMd; .. ,, . . . ,
(b). the' ~ubdivkion'al Judicial Magistrate,. . .
(c) any. Judicial Magist* of the First CIass. , . .. ,
I .. , , . - - .,.!. , . . , :
-,
koccdm to 17. (1) When any Magistrate not. ernpow&ei to exercise ' the powers of a
fo*n'C1c~drmS wrt under ihii Act- id! of opinion that a perion brought befpre him
b&M% side1 any of the provisions of th. Act or under any other Lw (othmse than
wed for the parpose of giving evidence) is a child, he shall record such opjnion and fornard
m& thh Ithe cud ,and the record of the pm~ding to th~ cornpi-tent authority having bet. jurisdiction, : over the proceeding. . ..
., ,
(2) The comptent authority to which the proceeding is fomarded under sub-
8eclIon (1) sbau hold the, inqu j as if thc child bad origiaally been brought before
it.
Gdd 18. (1) The Govkiment mmay establish 'and maintain 8s many spe'cial schools as
acbools. may be necessary, for the reception of delinquent children under this Act.
'I
. (2)'Wb& the ~ovkrnmeht is of opinion thal'>iny institution dthor tb.n s
special school established under sub-section (I) is 61 for the reception of delinquent
children under this Act, it may certify such institution 'as a special school for
the purposes of this Act.
(3) Every special schoo1 to which a deIinpent child is sent under this Act
shall not only 'provide the child with acGmodation, 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 his reformation and for
becoming self reliant and shall also perfosm such other funcitions as may be
prescribed to ensure allround growth and development of his personapiy.
(4) The Government may, by rules made under this Act, provide for thc
mahgement of spacial schools including the standards and the nature of servies
10 be maintained by them and the circumstances under which, and the manner in
wbich, the: certificate of a specid school may be granted or withdrawn.
(53 FOI every school establrshed or cerMed, the State Government dd
appoint t: Board of Vaitors, constituted in such manner and consisting of
such number of members as may be prescribed, to visit the, school and
. rwrd their comments on aqy, matter they may.. &ink. fit . for the, -considera-
,;tion of: the management of fhe school,: and',for this; - pzupose any . member
sf the *Bod: of.- y,isit?rs . , lahall 'hive, the n&f ':,. to . ' visit , Uy scaool at any
time between the hours of sunriseL abd-:s~ns&;~ .Id . ' :: ' .. ' ' - - . ... *-' .,, ' , lr-,2.,8,.... - - - - '
'- '-
,
i i. (a. Copies ., .of . ,qqepts,. by -.Qe,, Bqqd <, referred to. in m.kec$o~ i5) sbail
&' Gn may bd,"after, $he+ me' mrd&l;".ber ftjh&ed.!, -by - .ae'd'mae merit
of Ihe sQml to the Board. .; i 2 -i ;:
zwm~~hG#fL~Eki!R ~R€!T;~1982
[ ? V&i$&k&!24 Gf: 1982 J
(Sees: lP.722)
Bail and
; , :, :.?9.~;(1) When- 'any , p,erson accusiofr,.a -~r$nog~b#Splp offence and
ail-. appar6htly;~a.child..is,~~~ed-,~r:d.~etain~d4~~i~pp~epr~~,,~~!!~~~.,~~~o~~~~hi~~ent
cdW;:dt ~e-n shall, [email protected] .cpn@n@ ln..%$ ~odc .af,~a;% of 1914
Pkbceduke;: 19-73; ,:or, in! other .law, the he , beigg iq- fom, be .:?n-, , ,
kittijor: dithout.SUtety but he sball',d;be..go,l;tltaswJ if,ee, .I, ii&Lea,ts-s~mE~+
graiin+ -for ,belie-g:. that the rel-d,e ..:is ;:likely to bring hiq ,in-to. ,%w,~i~o~ ,yth
Bny . ,reputkd t3iminal.P:. or . &pose. -.-, to i .moral danger or. that his ikfkc odd . . ,,,,
aefeat ' lhe en:&. of juslim. ,-, .,. .I,) .. .: I-. . ...
(2) When such person having been - ' &eb i3 &t '!k1&6d- ''53 Giil - ~dd&
subsection. m, tb' E: (I) by the r>!?fiicer-in+hrge of the police-station, such officer shall cause
iii. bbdtf$&bd ' h*me or, :a place of safity in the : piesaied
hm -'( bui iii;i , ;;i , &fi%mdii bf ) ,~&l:' hd , an , bi, ;.brought : . befom :a a =mafen's :. - . ,,I ,.. . .- , il,, ' 1 .', 8 ' .' 'a -.
, ,,';,'L,
(3)When such psrson is nor released on bail under subsection (1) by the
children's wut, it shall, instead of coymi*, @y ,v. pQon, m,& an, order sending
him to an obsenat~oh 'k6;rid or a pla& df iifekJfor .such - peiiod during the
pendency of the inquiry regarding him. & may ,,be spedfl ed .in:-the order.
wormation 20.,Where a Wd is &&d, ihe'dl~fi&iiikh&~k"&f t-he:.@G&station to
to parent or which the child is btqught shall, as soon as may be after the arrest, inform- guardan or :; . , . . . .
4 .--,;,-I I. .A ; , & . ,!if;:: ,,-
! ~mbation Officer . , , ,,.,i~j tihe &t oi ,guardian!: bt !be ad,> ji. st. can f&hna,:.of iub I ,, , .. , ,
, . , : direct, .kni : to, pe prsiint at. the :cydreii?$- tdiiit ! bgfoie khich, , tiie chdd . , b! . ,,. I., I ,J ,. -, J
:.. :.: willl~~~~@r,,~dA:,,,:~ ,, ! . , , . ,'!!.I ,* ,.i . : , . I . I ,, . . . . I . : . . I
: {b) thi ~robkion.~~fficet, of. such west in ,:older ,,: to . ,enible .&' to..abt'& ''';':! ' I. :!:
information regarding the antecedents and~rfamily,~mhistory of the .cbjlcJ,,.&i$ . ..> -., ...
other material circumstances likely to lie of assistance to the cildrenra
.. for mafciq , the inquify. .. -. .,-
I I, - I-,, 8, , ,
. , . ,
Y1, dih, c&.L.& g&n.=≥l it,.. b#di,& , is ir* adad
Inquiry by the e~l~dren's before a children's mut, the children's court shall hold the inquiry in accordan&
murk ward- with to ~foyisi.om , of ,C~P@, v, ,and ,may, subject to the provisi,ons ,,of this Act, .
da'@ue m&e such .order in relatiqn .to the,,$bild, iii it ,ae- fib.
,, . +'! ..
nr ~hildrcp. . . -. .. . I , :' o:..:, . .
Orders ihr 22: (1) Where a ehil@ren's COUJ? is satisfied on ingx that a child h has mmmi tted
ma bepas- An b,ffen&, then, n6MfhstariiIi ' a&hiiig .ti) the obi ry cb'ntained in sy other 4 -h,hw.for thd'ilml &iG *3 Fdi&fpthebhilGe$d, kvd Gay;.~jf it .io- ficl
d~liuquo~t 'I 1': . I
-, i i 1
chIldrao. (a) &ow the child to go home after advice or admbnitirifi ; or -,
(b) direct the child, to ! -be released on probation or good conduct and be
place$ ugd? the +re of ajnJ; pard, giardiaii or otli& fit ,person oh mch
parent, guaraan ,6r -0th- fit pqiGiz , ejc&uti@ a ~ond; with or witholit
au.retp,,as the court. may qujie,' for tde ,good behaviour ada
well-king of the child for e;kbdil hbt &&ding thiee y&is ; or
( i 1 -ifl the case of, a- , boy over fourteen y~ of ,age gr -of a - giril over
sixteen years of age for- a period bf not less than three y&i ;
Provided that a children's court may, if it is satisfied that having regard to
the nature of the 05~1ice and the eircumsty& &the cak it is expendient so
to d;d; for reasou to bt tecorhetl, iedlice the Period of stay b siich pdod as
it thidks fit: d's* &i;, fOi, wbb ohs tb rh~& mdd
nb; &k the fipd hf &y &jll ;exfad %yijnd tlie
UIY G! til&&a )&A; in thK of a bdi, br
twenty years, in the cast of a giil ; or.
. -: I
'
(i)'%&, &n 6ida under cla& ((b):or ;clause (4). icii -SU b-se'ttjoir (l) :ii%dc,
'' &&j'khildr&f8 'cow &$, if' it -is of bpidoi:..that -.,i= :thElihf&sp bfi..tho :child ,ia
.&& :bib&, ji. ib &fi&,&,, sb to' d+ ; ;flaitio3 h: ;b~s fit th6 da~#eM rl
child shall remain under the supervision of 3 Probation Officer named in the omtm
&A%, 4&h paid&;. . ., , hst t6r:iec y&: as hley awpeoi8bd therein,, aCdjsg
. ih sopi+ib;i ,'ordk? imeose such dhdttiod as it deems nixi:siG for the dm G5ed&i' ,of 7th~ delifiquent &hild : ,, . . ' .'.' . ,
I , - , . . . , '.: I., ' - '
' provided that if at any tlme aftkds it appears to children's c&R on
rmiv& a repos fr.om the Probation OBer or othemise, that the delilipwent child
II& imt been . of good . behaviovr during .the ~ei0.d- of siigwfi it me,, , ,@?
making .wikh iinquiiy. as it deem8 fit;. order the delinquent chIl .to be, syt to
a special school.
(3) he :ij$Id.i&*C kauri miking :i ihpihi6disidn orderundei ;sub-iektiod : (2). half
kkfiIain, :id thk . Cliila': and: tke: @dt; 'gtlardkiii br. ather, fit. persoadair' the cdi may k,
bAd& *ha's& +&the 'child hai $keii, phi&$,. tEli,-thh3 :and mnditibnsl of.,- or&
&d :fiirtliwi ttil fu?&! dnk - -~py of ! :+c !superPigion ordQ .to .the . . ,chil& .*lie
.cent, !,:or 6thgk.5t'@qoiii d' ;thet case . mky ')be. the detitg; if anyi.and .tb & & , : , : 1 ! , . , . , - , " , .:I" .,I. , , . ,
, ,,
.i . 8, ,,: .,: < ,
, .. , . -. I ,711 >I , , - , ,- -,
-. , L . . . - 3; ' . .. . . , ,,, ,,. ,,; 1 , , 8.
. ":I ..Lit1 . : I ,.,. a .:,!i,'. , , .- , ,., - . . ,
j. , . -. g,? ,.* .! .,
(4) In determiaing the special school or any person to whose custody a chld is to
be committed or entrusted unde~ - this . Act, th court shall pay due regard to the
..I
E religious denomination of the child' to kis&elt at religious instruction contrary to the
religious persuasion of the child . .. is not imparted to ,, him. >.. ,...
' Ordm that 53. (I ) fih&thst&dihg aiytlii&, to thd &ntiaiji &nfaifi&i iii ihy ofhb liw for .
may nab the time being in force, no. delidqueiit chlId.hhall6B 5&iIt'erikd to death or- kprison- puled d- na ment. ~mmitted , , to , prison in default of payment , , of fine or in default-of furnishing
nt chddron. . secmt~ -.
, , , , , ,
' . ,I ' ,-.,
' 'L
: Provided that wlieri a child who' hk &.hind. the, age of &ten , $mi his
. bdlmitted an oEenui and the diildrtds qrt is satisiied *at , th~ - - ,offen&- &iiSttk?i
is of .s~..seiious daruti '.or that his .muduct ,!and, be@viviour have oeen such fbit
it would not be in his interest or in the interest of other ~hild&$,iria,3~ecid
school to send him to such spxial school and that norie of thi: other digsure's
provi -ed under this Act is . sui,tabIe or suficient, . the .children's court may order
th&' cf elinqueat chifd tb Eik kkpt iii saf6 kuitody in such pL$ and iniahher as it
thinks fit and shall report the me for the orders of tKe GoverGent:
(2) On receipt of the report from the children's court under sljb-xciion (I),
tl$e, Giiveidmeiii fiy ihake such arra-ent in respect of the child & they deem
-p&er and may order such delinquent child to be detained at such place and on
such conditions as they think fit: -
~ibvidkd tkit ti& period of dkfeitioii sd iitdkced shall dot i:xd&d the haximum
period of imprisonment to which the child could have been sentenced for the bE&.. ~&,itted.
- t4: ~otwifhsiaatiin~ ~nythiag to ths.&ntraqi mntaineci in thi &he ai-od
mdor Chap -Rotedure, 1423, no proweding. , shall, .bqr in$ihtd and no brd& shill be 20f1974
WVqZ ~gdast a child under Chapter ,VIU of the iiid Code. tbsmminal - . .
Oode not
ampdml
, -
-EblIdr .
NO ht at .'-,. ;25.'(1 r; Nohtithstandingi: anything. contained in section : 223, ,of . the Code of
ofckdad CrimiihlProad~c,,l973; opi~aoy01he~~ . Lw fqq the time being,.+ . f6r~ .n$Jchild 2 of1914
F-not @all be charged, with-or f riqd foi?, aniioffenCe (bgether . . !it h a :pkis bn who is' nGfk'khld. - , .< . . ,I
' .; , , . ,.I
:-;. Q If a child. ib 'acfuwd of an offeq 'for whi& oqder &ion '223 of $B Q&
,of,~iminal, ,b.wi!u~,, 1973. or- any other law for &.time, .b+,ng in forw,,-su&2 of 1974
-. cud and any person who is not a child would,, but for ,the proFiibith5'dn contained
In sub-section (11, have Been charged and tried togethei, 'th'e court t&hg mmjzance
of that offen-ce ,shall direct separate trials of the child and such other person.
:I. . . . '. ,, ..... ..
~m or ' 2&,.- ~b&ith$&iding anything contained in a6y other . law; child- who : has
dlsqdfiea- an offence and ,has en dealt' with, ,under, the provisions of this Act
tion amah- ' shall .;hot suffer disqualification, - if any, atvachiog to a d6nviction- for - an o£ienw,: under
-Lw mndcl- sueb law. 100.
C-
p-pro- ' 27. Notwithstanding anything contained in t&k Act, allproceedings in respect m of a child .peid.ing in any .court in my area on the date on which this Act mes
:into .fbrce in that area, shall be conlimed in that .confl as. if this Act had not
been 'phd and if the eaM hds tlut the child has. mittcd o&wh it - shall(: record sucli hding and, instead of passing any . senten&, in respedt of the
child, forward the cbild to thechildrens murt which shall $ass orders ia respect of
that child in accordance with the provisions of this Act as if it had been satidid
on .ipqw ,l?nder this Aa that the child bas commited the @en=. . , , -. . .
, ,,
I
I SiffingB,ttc. 28. (1) A Board or a Chlildren's Court shall hold its sittings at such place,
I of Bauds on such day and in such manner as may be pr ecribed. and
ajdrcn'fi
aurk (2) A Magistrate empowered ti excicise the powera of a Board under sub' section (2) of section 6 or of a Children's Court under suhection
(2) of section 16 , as the case may be, shall, while hoIdipg an inquire redng
a child under this Act, as far as practicable, sit in a bailding or room different
from that in which the, ordinary sittings of Civil and Crimid Courts are held,
or on differezlt days or at times diffaent from those at which the ordinary siw
of such COW are held.
personewho 29. (1) Save as provided in this Act, no person shall be present at any sitting of
may be a competent authority, exept-
present
wore mm-
pent antb (a) any &cer of the competeat authority ; or
(b) the pees to the enquiry before the competent authority, the parent or
guardian of the child and other persons directly concerned in the inqd
including Police O5cers and legal pmctioners ;
(c) such other person as the campetent authority may permit to be prqent.
(2) Notwithstanding anything contained in sub-section (I), if -at any stage during
an inquiry, s competent authority considers it ta be expedient i4 the interest of the
cud or on grounds of decency or morality that any person including the police &wrs
legal practitioner, tbe parent, guardian - or the child . himself should withdraw, , . .
the hupetknt authority may give such &=!ion and if any phon refueses
to comply with such direction, the competent authoriG-, may bave him removed, ,
and may, for tbis puqose, cause to be used such force as may be necessary, . ,
(3) No led ractitioner shall be entitled to appe~ before a Bod in w casa+ , . - .
B ar promeding b ore it, except with the special permission of tbat Boatd.
.'., .:"; .,. . .. . ..._. _.
157'
THE: ORISSA CHILDREN ACT, 1981
[ Orissa Act 24 of 1982 ]
Presence of
parent or.
guardian at
I the prome- I
! ding.
Dispensing
wi~h allcn-
dance oC
child.
30. A. competent authority before which a child- is brought undcr any of the
provisions of this Act, may wlicnevc'r it so thi~ik~ Et, rzquire any parent or guardian
Laving the actual charge of, or control over, the child to be present at any procce-
ding in respect of the child.
. ,
. . . - . ..
31. If, .at any stage, during the course of sin inquiry, a competent ,authorityis
satisfied that attendance of 'the, child is not essential, for the purpose of the
inquiry thc competent authority may .dispense with his attendance and proceed with the
inquiry in the absence of the. child.
. .
'I .. . ,.,,, .
I
cornrnithl 32. (1) ~iien; a child who has been brought bcforc a'cornpctent authority.under --
lo approved this 'Act, is found to be s'gering . from. 'a diseasc rcqhirlng prolonged mcdica1:-
place Of ueal ment or from physical or mealil. complaint that will respond to tr~atmint, , child sucrer- ing from the competent: aulhorjly may send the chiId to any plam recognised to be an -
dangerous approvcd placc in accordance with the rulcs madc under this Act for such period dimeand as it may think ncccssary for thc requircd treatment. its future . . '. . .. . - disposal. 3 of1898-'. ':T (2) Wherc a ~iid is found to be smering from leprasy ar is OF unsound mind.: 4 OF 1912. ;-- ,
he shall be dalt with under the provisions of the Lcpors Act, 1898 or the , .
Indian Lunacy Act, 1912, as thc case may be. . .. . .
, . . ,
. . . , . . . , , .
(3) Wherc a competent authority has tikin .action undbr syb-section (1). in ,the ; -'
case of a child suffering from an infectious or , contagiors -disease, the .
competent authority beforc restoring the, said child to his partner in marriag, if ' ,
there has been marriage, or to Ihc guardian, as the case may be, slull where
it js sa~isfird that such action will be in the interst of the child, call upon his partner
in marriage or the guardian, as the case may be, to satisfy thd court by submitC .. .
ing to medical examinalion that such partner or guardian wjll not rejnfcct the - ,
chrld in respcct of whom the order has bcen passcd: . .
Presumption . 33.(1) where it appears to a competed authority that a person brought beforcore- . ..
and darer- lt under any o,f the provisions of this Act [otherwise than for the purposr or giving . .
millalion of evidence) is a child the competent authority ,shall pakc. due . inquiry. as to the
age. age of that'. person , and for 'that purpose shall tab such -,evidcnc as may .lie.
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 the competent authorily shall be deemed to have . bicome
invalid merely by any subsequent proof that the person in rcspect of whom. the
order has been made is noi a child, and the agc recorded by Lhe competent
authority to be the age of the person So brought belore it shall, for thc purpose
of this Act, be deemed to be thc true age, of that person.
, -
Circumsla- 34. In making any ordcr in respect of a chijd under this', Act, a. cornpctent
tq bc authority shnll takc into consideration the fdlowing cir~umstances, namely +
takcn lnto
considcrat ion
in making (a) The agc of the child;
orders. (b) The circumstances in which the child has been living; ,
(c) The reports made by the -Probation. Oflcer;
(4 The religious periuasion of the child;
(e) Such other circumstances as may, in the opinion of thc cornpctent authority
require to be taken into consideration in the intcrest or thc child:
Provided that in the case of a delinquent child, the .above circumstances slid
be taken : into' consideration after the Children's Court has recorded a finding'.tbat
thc c hildas committed an ofrence:
[ Orissa Act 2.1 of 1982 I
provided further that if no repork of the Probation OEm is received within
ten weeks of his being informed under section 20 it shall be open to the Children3
Court to proceed without it.
Seuding~ 35,. In the case oE a neglected or deIinq~ent child whose ordinary p1ac.e of
child au,dda residence lies outside the jurisdiction of the mmpetent authority before which he is
jurisdiction. brought, the competent authority may, if satisfied after due inquiry that it is expedient
so to do, send the child bach to arelatiye or other person who is fit and willing
to received him at his ordinary place af resideace and ~c,xcrcisc proper care and -
control over him, notwiths tandlng that such place or residence is outside the jurisdic-
tion of the Competent authority, and the competent authority exercising jurisdiction
over the pha to which the child is sent shall, in respect of any matter srising
subsequentIy, have the same powers in relation to thechild as if the origind order
had been passed by itself.
Raporls and 36. The repoft of the Probation Officer or any circumstance considered by thc
~rnjdora* competent authority under section 34 shall bc,treated as bnKdentiai : tion of
clrcumm-
9Fll to b
trrsted as Provided that the competent authority may, if it so thinks fit, co#unicate eclnEdantial. th e substance thereof to the child -or his parcnt or guardian and may give such
child, parent or guardian an oppbrtunity OF producing such evidence as may
be. relevant to the matter stated in the report.
Prohibition 3741) No report in any newspaper, magazine or news sheet of any Inquiry Or
0fpublica- investigation regarding a child involved in proceeding under this Act, shall tim of namc d ckqf~- isclose the namc, addrcss or school or any arther particulars cal~ulat~d
ran ~nvolved b Icad to the identification of the child or shall spy picture of any such child
in mLnr ~ra- be published: eding undtr ,
the Act.
Provided that nothing in this stctionshd met the bona ffde publication of
any report of any such proceeding in any scientific jouma1. or other publication
devoted cxclusivcly to the protection or weifare of children.
(2) Any person contravening the provisions of sub-section (I) sball' be punishable
with he which may extend to one thousand rupees.
Procedura 38. Save as otherwise expressly provided by this Act, a competent authority
or aummoFs while holding any inquiry under any of the provisions of this Act, shall follow
mappll- such procedure as may be prescribed and -subject thereto, shall foIlow as far as cable. may be, the procedure hid down in the Code of Criminal Procedure. 1973 for zOr ,974 trial in summons cases.
Power to 39. (1) Without prejudice to the provisions for appeal and revision under this Act
arjlaJ order. any comptcnt autllority may, either on its own motion or on an appIication received
in this behalf, amend any order as to the persm under whose care or supe~vision
a chiId is to be placed under thSs Act.
(2) ~lerica1'misfakes in orders passed by a competent authority or errors
arising therein from any accidents[ slip or ommission may, at any timc, be corrected
by the ~mpetent authority either on its own motion or on any applicatfon rcccived
In thls bebIf.
THE ORISSA r~~m~~~c ACT, 1981
[ORLSSA~ ACT 24 OF 19821.
(Secs.. 4043) '
CHAPTER V
APPBAL AND. RBVISION
! Appeals
I 40. (I) Subject to the provisions. of this section, any person aggrieved by an
I order made by a competent authority under this act may, within fliirty days From
I the date of such order, prefer an appeal to the court of session :
I
Provided that the court of session may entertain an appcal after the expiry.oF
the said period of thirty days if it is satisfied that thc appellanl was prcvcntcd by sufficient cause horn filing thc. appeal, in. rimc. ., -,, - '.I
. , , - (2) No appeal shalL lie from- . I,
, ..
(a) any order of acquiLtal by the children's court: in respect- .of a child
alleged to have committed an offcnce ; or
(b) any, order made ,by. a- Board, in rcspect, of rr . .finding that-a . .person
not a neglected child. , .
(3) No sewnd appeal. shall ,lie from any.or.dcr or the court of . session .passed
in appeal under this scction. . .
Revisior~. 41. The High Court may, at any time, either on its - own motion or on an
application received, in this behalf, call for. the records of: any pmccediDg in which
any coptpctent authority or court of session has passed an order for .the purpose
of satisfying itself as tExcerpt shown. Open the full act in Lexace.