The SIKKIM CHILDERN ACT,1982

· .•..•. ~~':'{l; .' ,..r;~""'''',,:' ,; 1~_./~
"'\,
'·1 ..'
..-.----..,. .... - .-'" ...-""-'-- --.~'i'" -'"
tGOVERNMENT;..
'"
GAZETTE
i EXTRAORDINARY "~""';7
PUBLISHED BY AUTHORITY
No. 25 Gangtok, Friday April 16, 1982
LAW DEPARTMENT
GOVERNMENT OF SIKKIM
Notification No. 23/LD/82.
Dated Gangtok, the 16th April, 1982.
The following Act of the Sikkim Legislative Assembly having received the assent of
the Governor on 7th day of April, 1982,is hereby published for general information.
THE SIKKIM CHILDREN AGT. \1982.

ShOfl: title ,
extent. rind
com! J]CIICClllcn t,
D~fillilions.
THL SIi<KIM C1ULDIH:N ;\C1', 1')(;2,
ACT No, + of 1,)02.
AN
ACT
to prc)vidc fcn the C,l.1"(' , prot cction, malntcuanco , welfare trainin«
cclucaJion and rehabilitation of ncgicc\cd or delinquent children ,111(1 for lh~'
trial of delinquent: children in the State of Sikkim.
Be it enacted in die Thirty-third Year of the H.epubJic of India as
fo110\v5;---
CIIAPn:H I
PIlEUMINAR Y.
I . ( I ) 'Thi::; ;'\(t 11'1,1), be calkd the Sikkim ChildrTll Act, 1')82.
(2) It: r.xtCllCh to the \vho!('. of the State of Sikkim.
(1) It sh0.l1 come into lorce on such date as the Government
Jna)" hy notification, appoint; and d.:fCcrcnt dates may be appointed for diffe-
rent provisions of this Act or for different areas of th c State.
2. In this Act, unless the context Ot\Wr1yiCie requires, _
(;\) ",l,uliJOliscd pcr:ion" means it p<::~roun autho rised by the
Covcrnmcnt under sub-section (I) orsection J 6;
(I ) "J ""1 xgglllg means ----
(i) soliciting or recclVIng alms in i3, public phce or
cn:cT:n[; r,n <I.ny pri\ <1.1" premises for the purpose
of soliciting or receiving alrns , '\~hdhf:r uncler
thr: pretcilce of ~)inging, da.ncing, fortune
tcllin\':, ·l)ertormin~ tricks or sdlina articles or,~! •. U b
otherwise; or
(ii) exposing or exhibiting with the object of obtai-
ning or extorting alms, a.ny sore, wound, injury,
rlc:onnity or d;sea~,c, \\ helher of himself or of
~.nyo:hr;- prrsrm or nf an animal ; or
(iii) all'owing oneself to be used as an exhibit for the
purpose of soliciting or receiving alms;
(. ) "J tl J" " ti t l" c c tit t'" d" b1'C )1'0· 1C., pros'l u.c, pros -IU .ion 8,11.. pu de
place" shall have the 11le<l,ningsrespcctive lv a;;signccl to Ibm in the Suppres-
"ion. 0[' Immoral Tr2Jii~" in \V,·mcn .inr! eirh !\ct, j 9S6;
(cl) "child" means a person who has not attained the age of
eighteen yeJ.l"S and when used 'with lTfcrence to a chilli bOlt to a children's
home or special school ;:rriies t o that child during the whole period of the
stay, notwithstanding that during the period of slIch stay, the child may have
attained the above age limit;
(e) "children's court" means a Court constituted under see-
tion 4;
(f) ~'chi1dren's home" means an institution established or
certified hy the Government under section 8 as a ellildren' s home;
(g) "competent authority" means a children's court and
includes in respect of any area for which no children's court has been cons-
tituted. any magistrate empowered under sub-section (2) of secl icu 6 to ex-
ercise the powers conferred on a children's court by or under this Act;
(h) "cl;cngcl'olls rl1'1.lg" shall have the meaning assignecl to it
in the Dangerous Drllgs /\('1, 19}0;

(I) "\I,:lil\(1I1(,11\ chiltl" J ) I]1 111(',111' ~. c ,; C "ho hit,) r'cen found tolaVe conr.rnittcd an ufb,:ncc;
(j) "fit IWI""1 " "(', , , "
tl'll'I)' " 1,' ,,'(J 1 or .it. Institution means any IJersOIl or ins-.0,1 (!lut. )eljlu , pollee st 1 ' 'I r II' I 'rir v 1'0 " ,,' , :0', '"",IOn or .lil)) OUIl( 1.( )y the competent: autho-
! 1(,(11(, and takeca,reo!-,\chddentnlstrdt ]', " '.Lion on II' t,· ., I' I'" . ,,0 1/',0] lis l.a,le and prote'::-ic et ms ,\,It, COll( 1<'I0I1S speCified hy Ihe competent au(hority'
, ,(k) "Cnvrl"ll.lIIent" 1ll~,'11S' ('I,A.S' r :,-<, " • tatc \../()Vernment of Sikkim;
(I) ",gLl:lrdi,ln", in rcl:lll()it (0 ' cl 'II in: ILI(I('",. ' , " II ( , ' "-ny person
" ho , In the l)jlll1l()/1 01 the C()J1lI)('(cllt author it , havin« lO"lIiz(lmc of r
ProcrrdlllIT I ··1 ' I'll I f' , b b "-11\, " .• ':J II I ( .uron to a (' 11 <. , l;IS, or the (1111C bCillC;, the aClu,d charne for CU1 1.1'0 I over that child, ~ 0- 0 ,, ,
(i )
(ii) is I()ulld without all)' horu« or ~cLLlcd phce of
,'hud", o r :my ostensiblc l1lC'<ll1.:i of subsistence o r
is (;Jllnd de~titute, whether he is all. orphan or
nor; OJ'
h,1~ a jlarl'n! or gllanlian whu is unlit or ullable
tu cxercise or does not excrcise proper care and
co nt ro I oyer the chil(l ; or
IiI":' in a hl'Othcl or l'I',itl.1a prostitute or rrefjl.lc1l.tl),
gOl,s \0 any pL1CCUSc(1 lor the purpose of prost i-
tut ion , or IS f'ound to associ,\ll' with any prosti-
('utt', or al1)' other pt'l'SOIl who kads an immoral
drunken or depr:tvtedlif'e ; ,
. (n) ,"ob.'icrv:ltiol1 home" means any institution or place csta-
blishecl or rccogll,~cd by the Guvernment under section 10 <15 all. observation
home;
(i ii)
(iv)
(0) •'t,ffcnce" means an offencc jlulli~hable under any law 1'01'
the time, heing ill r'orcc ;
, (I) , "place or saJety"II1('<1ns :myphce or institution (not being
a police si ation or jail), the person in charge of which is wi llino temporarily
to receive and take care of a child and wh ic]. in the opinion of the competent
o.uthorit), may be a place of safety for the child;
(q) " '1 'I" 'I I 1prescr: )C( 111e,111SpreS(T11N 1)' rule s made under tllis
Act ;
" (r) "prob"tioll ufficer" means on oFl-icer appointed as a proba-
tion officer under this Act OJ' under the Probation of Offenders Act, J 958;
Continuation
ifinquiry in
respectifchild
who has ceased
to be child.
(~) "special school" n"",n& "n. institutinn c,t"hli,hnl or cer-
tifiecl hy the Covcrnment unrlcr section 9 ;
(t) "supervision", in relation to a child placed under the care
of any parent, guardian or other fitperson under this Act, means the super-
vision 01' l.hat child by a probarton officer for the purpose of ensuring that the
child is pro pcily looked ,,[tel- and that the conditions imposed by the compe-
tent authority are complied with ;
(u) all words and expressions used hut not drhnecl in th;s Act
and defmerl in the Code of Criminal Procedure, ] 89S, shall have the meanings
assigned to them in that Code. 5 if 1898.
3, Where an inquiry has been initiated aga,inst a, child and during the
course of such inquiry the child ceases to be such, then, notwithstanding ~ny-
thing contained in this Act or in any other law for the time being in force,
the inquiry may be continued and orders may be made in respect of such
person as if such person had continued to be a child,

Childre- •
courts,
Procedure,etc. ,
in relation to
children's
courts.
Powers <1children's
court..
Procedure to be
followed bf a
maatstrate Mot
empowered
under the Ac,t.
Children's
homes.
C]!-IAPTI3RII
COM.PlETENi AUTHOR-HIES AND INSTITUTIONS
fOR CfH1DP.EN
4-. (I) Notwithstanding anything contained in the Code of Cri-
minal Pr-ocedure, 1898, th~ Goven1D.lcnt may, by notification, constitute
For any area specified in th~ notification, one or more children's courts fOJ: § <1I398.
exercising the power:, and discharging the dutks conferred or imposed on
such court under this Act.
(2) It children's court shall consist of such number of magis-
trates forming a Bench as t.he Government think fit to appoint, of whom one
shall be designated as the senior magistrilte and not less than one shall be a
woman; and every such Bench shall have the pcwers conferred by the Code 5 '?f ! i! 9'"of Criminal Procedure, 1898) on a magistr"te of the first class.
s· (I) Inthe event of any difference of opinion amon.g the magis-
trates of a children's court the opinion of the majority shall prevail, but where
there is no such majority, the opinion of the senior magistrate shall prevail.
(2) A children's court may act notwithstanding the absence
of any magistrate and no orders made by the children's court shall be invalid
by reason only of the absence of ilny magistrate, during any stage of the pro-
ceeding.
(3) No pcnon shall be appointed as a magistrate of a children's
court unless he has, in the opinion of the Government, special knowledge of
child psychology and child welfare.
6. (1) Where a children.'s court has been constituted for any
area, such court shall, notwithstanding anyi-hing contained in any other law
for the time being in force but save as otherwise expressly provided in this
Act, have power to deal exclusively with all proceedings under this Act rela-
ting to neglected children and delinquent children.
(2) Where no children's court has been constituted for any
area, the powers conferred on the children's court by or under this Act shall
be exercised in that area, only by the following, namely i->-
the: district magistrOlte; or
any magistr~.te of the nrst class.
The powers conferred on the children's court by or under
this Act may :.lso exercised by the High Court and the Court
of Session, when the proceedin.g comes before them in app-
eal, revision or otherwise.
7. (1) When an.y magistrate not empowered to exercise the powers
of a children' 5 court under this Act: is of opinion that a person brought before
him under any of the provisiona of this Act: (otherwise than. for the purpose
of giving evidence) is a child, he shall record such opinion and fo:·ward ~he
child and the record of the proceeding to the competent authority havmg
jurisdiction over the proceeding.
(2) The competent authority to which the proceeding is for-
warded under sub-section (1) shall hold the inquiry as if the child had origi-
nally been brought before it.
a. (I) The Government may establisll and maintain as many chil-
dren's homes as may be necessary, for the reception of neglected children
under this Act.
(2) Where thc Government is of opinion that any institution
other thanan institution e,(ablishC<1under sub-section (T) is fIt for the recep"
tion of the neglected children to lw sent there under this Act, they may cer-
tify such inst itution C\S a child"l'TL'S 1orne f,:' r!,(, r"croscs of this Act.

(3) Every children's horne to which a neglected child is sent
under this Act shall not only provide the child with accommodation, main-
tenance and facilities for education, but also provide him with facilities
for the development of his character and abilities and give him necessary
training for protecting himself against moral dangers or exploitation and shall
also perform such other functions as may be prescribed.
(4-) The Government may, by rules made under this Act, pro-
vide for the management of children's homes and the circumstances under
which, and the manner in which, the certificate of a children's home ma.y
be granted or withdrawn.
Special schools. 9. (I) The Government may establish and maintain as many
special schools as may be necessary for the reception of delinquent children
under this Act.
(2) Where the Government is of opinion that any institution
other than an institution establisher] under sub-section (I) is fit for the recep-
tion of the delinquent children to be sent there under this Act, it may certify
such institution as a special school for the purposes of this Act.
(3) Every special school to which a delinquent child is sent
under this Act shall not only provide the child with accommodation, main-
tenance and facilities for education but also provide him with facilities for
development of his character and abilities and give him necessary training for
his reformation and shall also perform such other functions as may be pres-
cribed.
Observation
homes,
Ajtercare
ofgonisations.
Board if
Visitors.
(4) The Government may, by .rules made under this Act,
provide for the management of special schools and the circumstances under
which, and the maimer in which, the certificate of a special school may be
granted or withdrawn.
10. (I) The Government may establish and maintain as many
observation homes as may be necessary for the temporary reception of child-
ren during the pendency of any inquiry regarding them under this Act.
(2) Where the Government is of opinion that any institution
other than an institution established under sub-section (I) is fit for the tem-
porary reception of children during the pendency of any inquiry regarding
them under this Act, it may recognise such institution as an observation
horne for the purposes of this Act.
(3) Every observation home to which a child is sent under this
Act shall not only provide the child with accommodation, maintenance and
facilities for medical examination and treatment, but also provide him with
facilities for useful occupation.
(4) The Government may, by rules made under this Act,
provide for the management of observation homes and the circumstances
under which, and the manner is which, an institution may be recognised
as an observation home or the recognition may be withdrawn.
II. (I) The Government, may, by rules made under this Act,
provide for the establishment or recognition of aftercare organisations and
may vest them with such powers as may be necessary for effectively carrying
out their functions under this Act.
(2) Every such organisation shall take care of the children
when they leave children's homes and shall, for the purpose of enabling them
to lead an honest, industrious and useful life, take all such measures 2.S it may
deem necessary or as may be prescribed.
12. (2) For securinjj effective supervision of children's home,
special schools.observatior homes and aftercare organisations established or
certified or recognised under the provisions of sections 8,9, 10, and I r, the
Government shall constitute a Board of Visitors consisting such number of
members as the 'Government may deem necessary.

Sikkiw Stae
Children Wel-
[are AdYi50~)'
Board.
Inspection cif
children's
homes, special
schools, ere.
ldedical exa.
minotion of
inmates c:Isehools.
Production of
neglected chi1-
dren before
ctiildreu":
court.
(2) The Board of' Visitors constituted under sub-section (I)
shall have the right to visit any children's home, observation home, special
school or aftercare organisation and to record their comments on any matter
it may think ilt.
(3) Copies of comments of the Board of Visitors referred to in
sub-se ct ion (2) shall as soon as may be after they are recorded, be forwarded
by the managers of the children's home, observation home, special school
and aftercare organisati'm 1<) the Sikkim State Children vVelbre Advisory
Board.
13. (I) The Government shall appoint a board to be called the
Sikkim State Children vVelfare Advisory Hoard.
(7.) Such Board shall consist of such number of members as the
Government may consider necessitry and shall advise the Government gene-
rally in regitrd to the adminiatration of' this Act and more particularly in re-
g:wd to the control and m;magcmcnt of the children's homes, observation
homes, spt'cial schools and altcrcarc organisations established, certified or
recognised under sections 8,9, I 0 and I I after considering the comments
of the Board of Visitors.
14-. (I) The Government may appoint it Chief Child Welfare Ins-
pector and as rIli\lly Inspectors and Assistant Inspectors asft thinks £t to
assist the Chief Child Welfare Inspector:
Provided that one of such Inspectors and Assistant Inspec-
tors shall be a woman.
(2) Everv children's home, observtaion home, special school
and aftercare organisation shall be inspected at least once in every three
months by the Chief" Child Wr.ILlrc lnspcctor or by an Inspector or Assistant
lnspector :
Provided that when children's home or school or other
organisation referred to in sub-section (2) is exclusively used for the recep-
tion of girls only, such inspection shall be conducted either by the Chief
Child Welfare Inspector or by a woman Inspector 0:Assistant Inspector.
! .~. Every inmate of children's home, observation horne,
speclal school or after care organisation establ is'hcd , certified or recognised
under sections II,9, 10 and 1 1 may, as soon as practicabl e after his admission
to such home, school or organisation and at such intervals thereafter as may be
specified by the Government by a notification, and also whenever so required
by the managers of such homes or schools, be examined by a Medical Officer
authorised in this behalf by the Government and a report of such medical
examination shall forthwith be sent by the Medical Officer to the manager
of the homes or schools and to the Chief Child Welfare Inspector :
Provided that in the case of homes or schools used and for the
reception of girls only, such medical officer, shall, whenever practicable, b.
a woman.
CHAPTER III
NEGLECTED CHILDREN
1-6. (I) If ally police officer or any other person authorised hy the
Government in this behalf bygeneral or special order, is of opinion that a
person is apparently a neglected child, such police officer or other person may
take charge of that person for bringing him before the children's 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 book to be kept for the purpose, the substance of such infor-
mation and take such action thereon as he deems fit and if such officer docs
not propose to take charge of the child, he shall forward a copy of the entry
made to the children's court.

Special r..
zcdure 1.0 ,,~
ioitowed when
legleeted child
has paTen.
Inquiry 1:1'
:hildr~I1'S
court regarding
neglected
children.
Power to commit
nC[Jlected child
to sui able
custO(!!•
(3 )l::very child taken ('Ilarge or under sub-section (I) snail D~
brought before the children's court within a. period of twenty four hours
of taking such charge excluding the time necessary for the journey from the
place where the child 11ad been taken charge of, to the childrn's court.
(.n Every child taken charge of under sub-section (I) shall
unless he is kept with his parl:'nt or guardian, be sent to an observation home:
(but not to a police station or jail) until he can be brought before a children's
court.
'7. (I) If a person, who in the opinIOn of the police ofilcer or
the authoriscr] person is a neglected child, lias a parent or guardian who has
the actual charge of, or control, over, the child, the police officer or the
authoriscd p'erson may, instead of taking ch,\!'ge of the chile], make a report
to the children's court for initi<lting an inquiry regarding that child.
'(2) On receipt of a report under sub-section (I), the children's
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 this Act and if it appears to the chldrcns court that
the child is likely to be removed from its jurisdiction or to be concealed, it
may immediatly order his removal (if necessary by isslling a search warrent
for the immediate production of the child) to an observation home.
I g. (I) When a person alleged to be a neglected child is produced
before a children's Court, it shall examine the police ornerr or the authorised
pel-son who brought the child or made the report and record the substance
of such examination and hold the inquiry in tl1<:prescribed manner and may
make such orders in relation to the child as it may deem fit:
Provided that before holding such inquiry the chi ldreris
court shall direct the probation ofiicer to furuish Jt with a report regarding
the antecedenrs anrl family history of the child and other material circurns-
tances likely to be of assistance to the court In holding the inquiry.
(2) Where a children's court is satisfied on inquiry that a child
is a 11('[?lectec1child and t.hat it is expedient so to deal with him, ihe children's
COUI-tJ~;<Lymake an order clircctinfT the: child to be sent to a children's home
lor the period until he ceases to b~' a child:
Provided that the children's court may, for reasons to be
recorded, extend die period of such stay, but in no case the period of stay
shall extend beyond the time when the child attains the age of eighteen years
in the case of a boy and twenty years in the case of a girl:
Provided further that the children's court may, if it is satis-
fied that havingregard to the circumstances of the case it is expedient so to do,
for reasons to be recorded, reduced the period of stay by such period not
exceeding two yea]"s as it thinks fit,
(3) During the pendency of any inquiry regarding a child, the
child shall, unless he is kept with his p"rent or guardian, be sent to an obser-
vation home for such period as may be specified in the order of the children's
court: '
Provided that no child shall be kept with his parent or
l,;ual"ciian if', in the opinion of the children's court, such parent or guardian is
unfit to exercise or does not exerc ise proper care and control over the child.
19- (I) If the children's court so thinks fit, it may, intead of making
an o rdc r sub·,section (2) of scction 18 for sending the child to a children's
home, make an order plaCing the child under the care of a parent, guardian or
other fit person, on such parent, guardian or fit person executing a bond with
or without surety to be responsible for the good behaviour and well
heing of the child and for the observance of such conditions as the children's
court may think fit to impose.

.(2) At the time of making an order under-sub-section :\1)-or
.at any time subsequently, the children "s.courr may, .in addition, .make an
order that the child be placed under supervision for any period not
el<ceeding three years in the first inetance.
(3 ) Notwithstanding anything contained in sub-section (1)
or sub-sect ion (2), if at any time rtappcars to the children's COurt on recei-
ving a report From theprobatiol1 officer or otherwise, that there has been II
breach of any Of the conditions imposed by it in respect o/"the child, it may,
arl(;~r ll1akin~ such i.nCjuir)' as it. deems fit, orcler the child to be sent to a chil_
drcns hOJl1~. '
}O. Where II parent or 'guardiali of II chile! complains to the Uncol1trollab!t
children's court that he is not able to exercise proper care and control over children
.rhe child. and the children's court is satisfied on inquiry that proceedings
under this Act should be initiated regarding the child, it may send the child
to an observation home and. make such further inquiry as it !nay deem fit,
and the provisions orsection )8 and. section 19 shall, as lar as maybe, apply
to such p1'Occeclingc..
CHAPTER IV
DELINQUENT CHILDREN
fn/ormation ro
r(/rr~Jt or
H!llll'di(7l) or
probotifHFI
~:JJicr.r.
:1.f. (1) 'When an} person, accused of a. bailable or non-bailable Bail and ellS-
offence ami apparently a child is arrested or detained or appears or is brought toby i?I
.before a children's court, such person shall, notwithstanding anythingcontai- children,
ned in the Code of Crirninal Procedure, 1898 or in anyother law forthetime s of 18·~8.
hCing in 11))'(c, be released on bail 'with or Without surety, 'but he
shall not be so released if there appear reasonable l:,'Tounds for believing that
the release is likely to bring him into association with any reputed criminal
or expose him to moral danger or that his release would defeat the ends of
justice. . .. ,
(2) When such pcr~on having been arrested is not released on
b;til under sub-scctiou (I) hy the oFficer-In-charge of' th.e. police srarion , such
officer shall cause him to be kept in an observation home in the ,preseribc~l
manner (hut not in .\ po licc ,L\t ion or jail) until he can be brought before a
childrcn'~ COUl't.
(J) When 'llLh pel'sol1 is not released on baiI under sub-section
(I) hv the children's court, it shall, instead of committing him to prison,
make' an order sending him to an observai ion. home 1"01' such period during
the pendency <.if the inquiry regarding him as may he spcc.ilicd in the order.
22. Where a child is arrested, the oFticcr-in-c.:Il<lrge of the
p()lice station to whic.], the child is brought shall, as soon as my be after the
arrest, inform .-.
Inqui')' b}'
ciJj/JrtJl's
cou rt r(ffl1'~
<:iil'll1ddill.
~JWlt childril'!.
(a) .the p.wcnt or gu,wdi<tn orthe child if he can be
found, of such arrest and direct hi111to" be present
<It the children 's court before which the child
will appear; and
(11) the probation officer, of such arrest in order to
enable him to obtaln.information regarding the ante-
cedents and family history of the child and other
marc rials circumstances lih,h· to be orassistance to
the cbildren's court For making the il1<]uiry.
231 Where a child haTing been charged with an offence appean
or is produced before a children's court, the 'childreri's court shal] hold the
inquiry in accordance with the provisions of section 39 and may, subject to
the provisions of thi5 Act, make such order in relation to the child as it deems
:fit.

Orders thitt b«
plI.ss(d ufJar-
dinil ,!f./i"~
qlii.m rh;]drtn,
Orders that
may not he
passedagQinst
Je]inquent
childten,
; ~ , (I) Where a children's court is sarisficd e-n inquiry (hat a child
has committed an offence, then, n(ltwithstandin~ a.nything to the contrary
conla.ined in 'tny othcr Iaw for the time being In t(:>rc~, th; children's cou;t
may, if it 50 thinks .iit,-~--
I('l.) aHo"\!(; the dJi!d to .Goherne ~Jter ~.,hite or ·'1dn"t(,-
nit.io n;
'-
direct the child to he released on probation of
good conduct or placed under the care of any
'p<l.rent, guardian or other ill:person., on such parent',
guanlian or other lit person executing a. hond, with
or without surety, that court nny require, for the
good behaviour a.nd well-being of thechild for any
period not cxccedi.ng three years;
(c) make an order directing the child to he sent to a
special school for the period until he ceases to be ;),
child :
Provided that the children's court may, for reasons to be
recorded, extend the period of such stay, but in no case the period, of stay
shall extend beyond' the time when the child-attains the age of eighteen
yea1'Sin the case of a boy or twenty years in the case of a girl:
Provided further that the. children's court may, if it is
satisfied that having regard to the nature of the offence and the circumstances
of the case it is expedient so to do, for reasons to be recorded, reduce the
period of stay to such period as it thinks fit;
(d) order the child to pay a fine if he is over fourteen
years of age and earns money.·
(2) Where an order under clause (b) or clause (d) of sub-section
(I) is made, the children's court hUy, if it is of opinion that in the interest of
the child and of the public -it is expedient so to do" in additon make an order
that the delinquent child shall remain under the supervision of a:probation officer
named in the order during such period, not excc-cding three years, as may
be. specified therein and may in such supervision order or impose such con-
ditions M it deems ncccs,~.ry lor the due: supervision uf the dciin'lucilt ch'ild;
Providcd that if ~t anv time alrcrwards it ~PJll'.1rS to the
children's court: on receiving 3. rep"I-t from liw pro\.>,1.t;(>I1.officer or ot hcrvise-,
th~t: the delinquent child has nut he en o/' g()oJ heh;\\ lour dIning tlw pcrio.l
of supervision, it mav, .,i'tl'l' n1?king such inquirv as ·it deems lit, ordcr th,~
delinquent child to b~~sent to a sp'~~ial sehouL '
(3) The children's court makillg a WpcrV1SIOil order undel-
sub-section (2) shall explain to the: Lhild and. the parent, guardian or other
fit person, as the ease may be. under whose o.I'C the child has been p[;l<:ed,
the terms and conditions' of the order and shall forthwith furnish one cop)'
of the supervision order to the child, the parent, guardian Of ot'h er fit pcrwli,
as the case may be, the sureties, if a.ny, and the probation officer.
(4-) In determining the special school or a.ny person to whose
custody a child is to be committed or 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 persuasion of the child is not
imparted to him.
25, (1) Notwithstanding :mything to the contrary contained in
any other law for the time being in force, no delinquent child shall besente-
nced to death or imprisonment, or committed to prison in default of payment
of fine Dr in default, of furnishing security:

9
Provided that where a child who bas attained the age of
fourteen years has conunitted an of-fence and the children court is satisfied
that the ofFence committed is or 50 serious a nature or that: his conduct and
behaviour have been such that it would not be in his interest or in the inte-
rest of other c],ilrlrcn in a special school to send him to such special school
and rhat none of the other measures provided under this Act is suitable 01"
sulficicnt. the children's court: lllily order the delinquent child to be kept
in safe cw;tocly in such place and manner as it thinks fit and shill! report the
case for the orders of the Government.
(2) On receipt of a report from a children's court under sub-
section (I), the Government may make such arrangement in respect of the
child as it deems proper and may order such delinquent child to be detained
at such place anti on such conditions as it thinks fit:
Provided that the period of detention so ordered shall not
exceed the maximum period of imprrsonment to which the child could have
been sentenced for the olfence committed. .
26. Notwithstanding anything to the contrary contained in the
Code of Criminal Procedure, 1898, no proceeding shall be instituted
and no order shall be passed against a child under Chapter V!II of the
said Code.
Proceedillg
uniier Chapter
Vl/I oj the
Criminal Pro:
ceduie Code
IlJt competent
against child.
No joint trialc:J '!.7. (I) Notwithstanding anything contained in section 239 of Srf1898.
child and the Code of Criminal Procedure, 1898 or in any other law for the
person not a time heing in force, no child shall be charged with or tried for any offence
child, together with a person who is not a child,
(2) If a child is accused of an offence for which, under section S rf 1898.
? 39 of the Code of Criminal Procedure, 1898 or <lnyother law for the time
being in force, such child and any person. who is not a child would, but for the
prohibition contained in sub-section (i), have been charged and tried toge~
ther, the court t~king cogninllce of that offence shall direct sepal·ate trials of
the child and. the/other person.
Power ~rpoljce.
rz.fJicersto
administer
wal'llirJ8·
RCJJJOI'Q I rif
disqu(/lifica~
tion attaching
to convict.ioll.
Special proYi~
sion in respect
oj'pendi/J[j
cases.
28. Any Police Officer not below the rank of 8 sub-Inspect .r,
if he is of opinion that any offence reported or suspected to have been (0i11-
mitted by a child is not: of a serious nature or that it is not a repetition of a
previous offence already committed by the child, may, notwithstanding
anything coni ain.x] in cnv other pn.vi,.ioli of this Act or in anyother law for
the time being in force and subject to such restrictions and limitations as may
be pescribed, let such child off after adrninistering suitable \varing to such
child;
Provided that every case in which a child-ls so let off shall
forthwith be reported by such police officer to the children's court stating
the reasons for not investigating the case or not proceeding with the investi-
g~.tion of the case, as the case may be.
2'j. Notwithstanding anythil1g cotaincd in any other law,
a child who has committed an offence and has been dealt with under the pro-
visions of this Act shall not suffer disqualification, if any, attaching to a con-
viction of an offence under such other law.
30. Notwithstanding anything contained in this Act, all pro-
ceedings in respect of a child pending in any cour-t-in any area on the date on
which this Act comes into force in that area, shallbecontinued in thAt court
as if this Act had not been passed and if the court Ends that the child has
committed a11. offence, it shall record such finding, and instead of passing
any sentence in respect of the child, forward the child to the children's court
which shall pass orders in i:espect of that child in accordance with the pro-
visions of this Act as if it had. been ~tisfled on inquiry· under this Act that
the child has committed the offence.

Sitting e(:a.,
oIchild,.", 's
courts,
Personswho 32.
m,!), be present
hifore compe_
tent tlutho,.ilJ.
Attendance or 33.
parent or gua_
rdja~ oJchild.
Dispensing 34.
with attendance
ifchild.
Committal to 35.
approved place
if child slft/e-l'ina.fr(Jm
dangerous dis.
ease and its
future disposal.
10
CHAPTER V
P.ROCUHIRE or COMPETENT AUnlORlTIES GENERALLY AND
APPEALS AND REVISION FROM ORDERS OF SUCH AUTHORITIES.
\1. A children's court shall hold its siUings at such place. Oil slich
d\1)' and in such manner, as may be prescribed.
(2) A Magistrate empowered to exercise the powers of a children'.s
court under sub-section (2) of section 6 shall, while holding
;1;11)'iuquiry regarding a ehiId under this Act, as far as practicable,
sit irr a building or room different from that in which the or di,
nM)' sittings o(civil and criminal courts are held, or on r!iffen'nt:
'days or at times di1l'erent from those at which the ordinary
sittings or such court are held. .
S;),ve as proviclc«] in this Act, no person ,il,tli be present at.any
oitting of a cOl1lpetent authority, except-
«1) any olhcer of the competent authority; or
(b) the parties to the lnquiry before the competent authority,
the. p;\rI"nt or guardian of the childand other persons
directly concerned in the inquiry including police officcrs ;
or
(c) such other I)er,ons as the competent authority lllily permit
to be present.
(2) Notwithstandil"lg anything contained in sub-sect-ion (I), if,
at any stage during an inquiry, a competent authority considers
it to be expedient in the interest of' the child or on grounds of
decency or morality that any person including the police officers,
kgal practitioners, the parent, guardian or the child himself
should withdraw, the competent authority may give such di-
rcction 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.
Any competent authority before which a child is brought under any of .
the provisions of this Act may, whenever it so thinks fit, require any
parent or guardian having the actual charge of, or control over, the
child to be present at any proceeding in respect of the child.
If, at any stage during the course of an inquiry, a competent authority
is satisfied that the attendance of the child is not essential for the pur-
pose of the inquiry, the competent authority may dispense with his
attendance and proceed with the inquiry in the absence of the child.
(r) When a child who has been brought before a competent autho-
rity under this Act is found to be suffering from a disease re-
quiring prolonged medical treatment or 'physical or mental
complaint that will respond to treatment, the competent au-
thority may send the child to any place recognised to be an
"pproved place in accordance with the rules made under this
Act for such period as it may think necessary for the required
treatment,
Where a child is found to be suffering from leprosy or is of
unsound mindhe shallbe dealt with under the provisiom of the
Lepers Act, r898 or the Indian Lunacy Act, 1912, M the case
may be.
3 if r898
4-cd'1':)12,

1'1GS'Uliiptimr 36.
QDd deterinill<l-
tlot; tof-r-
CirclJmstances
to b~taken
into consid«:
ta.tio/l i.1l·
1EIakil1g oraers
undu tbe ,ict.
Swdil1ii <1 c/iIIJ jS.
o1.1t.sidcv
.juri.diction.
Kepottsto be
trea't~das
(''O?yjdmtial.
37·
Where a c01npctci1tauthority has taken action under sub-secficn
(1) in the case of a child suffering from an infectious or ccnra-
gcons disease, the competent authority before restoring the
said child to his partner in IDJ.rriage, ifthere has been such, or to
the gu~,rdia.n,O.Sthe case may be shall, where it is satisfied th!.t
such action will b{~in the. inrorcst of the s~,id child, C;J;.IlUPP))
his partner in m;l.rriage (\1 the gu,J.rJi;J.rl,it, t.he case may be,
to ~atjsry the. competent aurhoritv by submitting to medical
examination. that such partner or gU3.l'di;m will not re-intcct
the child in respect of whom the order has been passed.
\Vhcre it appeJ.rs to a c(lmpetent authority that .1 person
brought before it under a.ny of the provisions of this I\l t
(otherwise than for the purpose of giving evidence) is a child,
tl~e (;onlpctmt authority shall make due iI,lquiry as to the age
nl that person and for that purpose shall take such evidence as
may be neccsslry and shall record a finding whether the person
is a child or not, stating his age as nearly as'may be.
No order of a competent authority shall be deemed to have
become invalid merely by any subsequent proof that the person
in respect of whom the order hasbeen madeisnot a child, and
the age recorded by the competent authority to be the a.ge of
the person so brought before, it shall, for the purposesof this
Act,. be deemed to be the true age of that person.
In making any order In respect of a child under this Act, a competent
authority shall take into' consideration the following circumstances
namely:- 'I
(I)
the age <If the child;
the ·cii·c'tll1ist.lJ1ces III which the .child. is living;
the reports made by the' probation 'officer;
the religious persuasion of the ·child;
such other circumstances as may,.it, the opinion or the competent
author itv-, require to be taken into consideration.in the interests
orthe child:
l'rc,,"i<lccl that in the case of a delinquent child, the above cir-
cumst anccs ~hall he taken into considerat ion aFter \he competent au ..
thurit)' has rc('<.'rticd " hnding ,'g.'lillst the l'hild that: he 11.1Scommitted
I.he, ()ff.::nce:
(a)
(b')
(C)
(d)
(e)
39·
Provided. Iurthcr that ifno report of t11l~probation officer is
rcucivcd within ten weeks of his \Jcinp directed under section 18 or
01 his bcinrr informed under scctionz r i~shall be open 1<.1tlh> competent
.l'lIlhority ~o proceed vvithout the report of the probati')ll ()fl1ce!',
'rn the case of a neglected or deli!1(jucnt child whose ordinarv place of
residence lies outside (he jurisdiction of the competent author itv before
wh ich he is brought. the l:ompetent aut horitv ma.y, ifsarished after due
il)(1(1ir; that it is expedient so to do, send the child back to a relative
o'r other person who is lit and willing to receive him at his ordinary
place of residence and exercise proper care and control' over him, not-
Withstanding that such place of residence is outside the jurisdiction of
the competent authority, and the competent authority exercising jUT·jS-
diction over the plJCC to which the child is Sent shall in respect of any
matter arising subsequently have the same powers in relation to the.
childasifthe originalorder hadbeen:passedbyitself.
The report of the probation officeror a;lYcircumstances considered by
the competont authority under section 33. 'shall be treated as confi-
dcnttal:
,-, "'t"

Prohibition ~r {o.
publkation l'
names, tee., ifchildrm 'in.
l'oJ~(:din al~V
pror;udina
unde: .the Act.
l'rocedure ill
illqo.irUS,
apped1,dnd
rl!rision
procuding!.
1'."'erto
IIIme.dorders.
Provided that the compdcnt authoritymay, if H so thinks fit,
communicate the substance thereof to. the child or his parent or guardian
and may give such child, parent or guardian an opportunity of pro-
ducing ·SlH.h evidence as [l1,,\j' .bc relevant to the matter stated in the re-
port.
(I) No report' in any ilC\\'spapn, magazine for llCWS sheet of anv
inquirv regarding a child under this'Act shall disclose the !1:>mC',
address or school or any other particulars calculated to lead
to the idenl'ihcation of the child, nor shal] any picture of ;\1\Y
such child be published: '.
.p,
Provided that [or reasons to be recorded in writing the autho-
, rity holding the inquiry may permit such disclosure if in its
opinion such disclosure is in the interest of the child.
(2) Any'person contravening the provisionsof sub-section (I) shall
be punishable with fine which rnay extend to one thousand rupees.
(I) Subject to the provisions of this scct ionranv person aggrieved
by an o rder made by'a competent authority under this Act may,
within thirty 'days Ircm 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 period ofthirty days if it is satisfied
that the appellant was prevented by sufficient cause from ,pre-
ferring the appeal in time, '.. "
(2) No appeal shall lie frorn-> , .
(a) any order of acquittal made by the children's court in
respect of a child alleged to have committed an offence; or
(b) any order made by 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.
The High Court m:ty, at ;\l1Y time, dtheJ- of its own motion or on an
application received in this behalf, call for' the record of any
proceeding in 'which any competent authority or court of
session has passed an order, for the. purpose of si\tisf'ying itself as to the
leg;,lity or propri etv of any such order and may pass such order in
relation thereto as it thinks f-lt:
Pr<,"irkd that the High Court shill! not pass an order under this
section prejudicial to any person without giving him a resonablc oppui'-
tunity of heing heard.
, .
Save as otherwise cxprcsslv provided by this Act, a competent
authority while ho lding any inquiry under any of the provisions
of this Act, shall follow such procedure as may be prescribed
and subject thereto, shall [allow, as 1:11"as may be, the pror.e-
dure laid down in the Code of Criminal Procedure, T898
for trials il'l summons cases. ~ ?f 1898.
Save as otherwise expressly provided by <?l"under this Act, the
procedure to be followed in hearing appeals or revision pro-
ceedings under this Act shall be, as far as practicable, in accord-
ance with the provisions of the Code of Criminal Prodcedure , .
1898.
Without prejudice 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 child is to be sent or as
to the person under whose care or supervision a .child is to
be placed under this ,4,ct.

Punishment.fOr 4-5.
cruelty to
child.
f.l71ployment if 46.
children Jor
beDDing.
PenaItyJM 4-7.
[Jil'in[] intoxi-
((/lil1,q liquor
or danBcrous
dru[Jto a child.
Exploitation oj 48.
child employees.
Power if the 49·
GOl'crnment to
disrharDc and
trall~ferchil-
dren.
(2) Clerical mistake, in orders p;\<;sedby a competent authority or
errors arising therein from any accidental slip or omission may,
at all)' tirne , be corrected hy the competent authority either
on its own runt ion or on an application received in this behalf.
CHAPTER VI
SPECIALOFFENCESIN RESPECTOF CHILDREN
whenever, havipg the actual charge of, of control over a child,
assaults, abondons, exposes or wilrully neglects the child or
causes 01' procures him to be assaulted, abondoned, exposed
or neglected in a manner likely to cause such child unnecc-
ssary mental and physical suffering, shall be punishable with
imprisonment for a term which may extend to six months,
or with fme, or with both.
No Court shall take cognizence of an offence punishable
under sub-section (I) unless the complaint is filed with the
previous sanction of the Government or an oHicer authorised
by it in this behalf.
Whoever employs or uses any child for the purposes of
begging or causes any child to beg shall be punishable with
imprisonment for a term which may extend to one year, or
with Pme, or with both.
Whoever, haVing the actual charge of, or control over, a
child, abets the cormuission of the offence punishable under
sub-section (1) shall be punishable with imprisonment for
a term which may extend to one year, or with fine, or with
both.
(3) The offence punishable under this section shall be cognizaGle.
Whoever gives or causes to be given, 1:0 allY child any intoxicating
liquor in a public place or any dangerous drug, except upon the
order or 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.
Whoever ostensibly procures a child for the purpose of any employ-
ment and withholds the earning of the child or uses such earning. for
his own purposes shall he punishable with fine which may extend to
one thousand rupees.
(I) The Government may, notwithstanding anything 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 think fit to impose;
The Government may, 

Excerpt shown. Open the full act in Lexace.

‹ Prev All Sikkim acts Next ›