LexThe West Bengal Children Act, 1959
West Bengal · state statute
Open in Lexace · Ask the AI about this actWest Bengal Act XXX of 1959
THE WEST BENGAL CHILDREN ACT, 1959
[Passed by the West Bengal Legislature.]
[ Assent of the President was first published in the Calcutta
Gazette, Extraordinary, of the 3rd January, 1961.]
An Act to consolidate and amend thie law relating to the
custody, protection, treatment and rehabilitation of
juvenile delinquents and of other children in need of
care and protection, the trial of juvenile delinquents
and certain other matters.
[3rd January, 1961-]
WHEREAS it is expedient to consolidate and amend the
law relating to the custody, protection, treatment and rehabi-
litation of juvenile delinquents and of other children in need
of care and protection, the trial of juvenile delinquents and
certain other matters specified herein, including the educa-
tion of such juvenile delinquents and other children;
It is hereby enacted in the Tenth Year of the Republic
of India, by the Legislature of West -Bengal, as follows:—
CHAPTER I.
Preliminary.
1. (1) This Act may be called the West Bengal title,
Children Act, 1959.
(2) It extends to the whole of West Bengal. and
extent
comnaen- (3) This section shall come into force at once. The cement.
remaining provisions of this Act shall come into force in
such area or areas and on such date or dates as the State
Government may, by notification in the Official Gazette,
appoint, and different dates may be appointed for different
provisions of this Act or for different areas.
2. In this Act, unless there is anything repugnant
in the subject or context—
(a) "adult" means a person who is not less than eighteen
years of age;
(b) "borstal school" means a borstal school established or
certified by the State Government under section
7, intended for the reception of juvenile delin-
quents of and above the age of fourteen years;
(e) "certified school" means a reformatory, industrial or
borstal school; certified under section 7;
Defini-
tions.
2 The West Bengal Children Act, 1959.
[West Ben. Act
(Chapter I.—Preliminary.—Section 2.)
(d) "child" means a person who has not attained the age
of eighteen years;
(e) "guardian" in relation to a child includes a person
who, in the opinion of the Court having cogni-
zance of any proceeding in relation to the child
has for the time being the actual charge of, or
control over, that child ;
(f) "industrial school" means an industrial school
established or certified by the State Government
under section 7, intended for the reception of
children of and above the age of fourteen years,
who are not juvenile delinquents;
<g) "juvenile court" means a court established under
section 4;
VI) "juvenile delinquent" means a child who has been
found to have committed an offence;
(i) "neglected child" means a child who—
(i) is found in any street or place of public resort
begging or receiving alms; or
(ii) has no home or settled place of abode or is found
wandering without any ostensible means of sub-
sistence, or is found destitute, whether he is an
orphan or not; or
(iii) has a parent or guardian who is unfit to exercise or
does not exercise proper care and control over
the child or forces, persuades, encourages or
abets the child to lead an immoral or depraved
life; or
(iv) lives in a brothel or with a prostitute or frequents
a place used for the purpose of prostitution, or
is found to associate with any prostitute or any
other person who leads an immoral, drunken,
depraved or criminal life;
(j) "prescribed" means prescribed by rules made by the
State Government under this Act;
(k) "reception home means any institution cr place
established or recognised by the State Govern-
ment under section 18 for the temporary reception
of a child;
(1) "reformatory school" means a reformatory school
established or certified by the State Government
under section 7, intended for the reception of
juvenile delinquents or of children other than
juvenile delinquents, who have not attained the
age of fourteen years.
The West Bengal Children. Act, 1959. 3
XXX of 1959.]
(Chapter 1.—Preliminary.—Section S.—Chapter II.--Coverts
and certain institutions under this Act.—Sections 4-7.)
3. Notwithstanding anything to the contrary con-
tained in this Act, if during the course of any proceeding
under this Act a child attains the age of eighteen years, the e
proceeding may be continued and orders may be made under
this Act in respect of him as if he was a child.
CHAPTER. II.
Courts and certain institutions under this Act.
4. (1) Notwithstanding anything contained in the
Aot V of Code of Criminal Procedure, 1898, the State Government 1898.
may, by notification in the Official Gazette, establish for any
area specified in the notification one or more juvenile courts
for holding inquiries regarding children in pursuance of this
Act.
(2) A Magistrate of the first class, or a Presidency
Magistrate who is considered to be suitable by the State
Government shall be appointed by the State Government to
preside over a juvenile court.
5. The powers conferred on courts by this Act shall be
e x ercised—
(a) in any area for which a juvenile court has been
established, by such court only,
(b) in any other area, by—
(i) the High Court, or
(ii) a Court of 'Session, or
(iii) a Presidency Magistrate, or
(iv) a Magistrate of the first class, having jurisdiction
• to try the case.
Continua.
tion of
proceed.
ings in
respect of a
child on his
:attaining
eighteen
years.
Juvenile
Courts.
Jurisdic-
tion.
6. When a child is brought before a Magistrate or
Court not empowered to pass an order under this Act, such
Magistrate or Court shall forward the child to the nearest
juvenile court or other Court or Magistrate having
jurisdiction.
Procedure
when
Magistrate
or Court
is not em-
powered to
pass order
under
this Act.
iii 7. (.1) The State Government may establish and main- Est blish.
tain as many reformatory, industrial and borstal schools as meat and
it may consider necessary for the reception of juvenile ton of
delinquents and of other children, who may be sent there in schools.
pursuance of this Act.
7:7
4 The West Bengal Children Act, 1959.
[West Ben. Act
(Chapter 11 .—C ourts and certain institutions under
this Act. —Sections 8-10.)
Manage-
ment of
schools.
Board of
Visitors.
State
Children's
Board.-
(2) Where the State Government is of opinion that any
reformatory, industrial or borstal school not established under
sub-section (1) is fit for the reception of juvenile delinquents
or of other children dealt with under this Act, the State
Government may certify such school to be a reformatory,
industrial or borstal school, as the case may be, for the
purposes of this Act.
(3) Reformatory schools established or certified under
sub-section (1). or sub-section (2) shall be of two different
classes, namely : —
(a) reformatory schools for the reception of juvenile
delinquents, and
(b) reformatory schools for the reception of children
other than juvenile delinquents.
8. (1) For the control and management of every school
established under sub-section ( 1) of section 7, a superinten-
dent and a committee of as many persons including the
superintendent as the State Government may fix shall be
appointed by the State Government, and the members . of such
committee shall be deemed to be the managers of the school
for the purposes of this Act.
(2) The appointment of persons connected with the
control and management of any school certified under sub-
section (2) of section 7 shall be made with the approval of
the State Government and the persons whose appointment is
so approved shall be deemed to be the managers of the
school for the purposes of this Act.
9. (1) For every school established or certified under
section 7, the State Government shall appoint a Board of
Visitors, constituted in such manner and consisting of such
number of members as may be prescribed, to visit the school
and to record their comments on any matter they may think
fit for the consideration of the managers of the school, and
for this purpose any member of the Board of Visitors shall
have the right to visit the school at any time between the
hours of sunrise and sunset.
(2) Copies of comments of the Board of Visitors referred
to in sub-section (1) shall, as soon as may be after they are
recorded, be forwarded by the managers of the school to the
State Children's Board referred to in section 10.
10. The State Government shall appoint a Board to be
called the State Children's Board, West Bengal, constituted
in such manner and consisting of such number of members
as may be prescribed, to advise the State Government
generally in regard to the administration of this Act and
more particularly in regard to the control and management
The .West Bengal Children Act, ,1959: 5
XXX of 1959.]
(Chapter 11.—Courts and certain institutions under this
Act.—Sections 11-14.)
of the schools established or certified under section 7, after
considering the comments of the various Boards of Visitors
forwarded to it under sub-section (2) of section 9.
11. (1) The State Government may appoint a Chief
Inspector of reformatory, industrial and borstal schools and
as many Inspectors and Assistant Inspectors as it thinks fit,
to assist the Chief Inspector
Provided that one of such Inspectors and Assistant
Inspectors shall be a woman.
(2) Every such school shall be inspected at least once
in every three months by the Chief Inspector or by an
Inspector or Assistant Inspector :
Provided that when any school is used for the reception
of girls only, such inspection shall be conducted either by
the Chief Inspector or by an Inspector or Assistant Inspector
who is a woman.
12. Every inmate of a school established or certified
under section 7 shall, as soon as may be after admission
therein and at such intervals thereafter as may be prescribed
and also whenever so required by the managers of the
school, be examined by a Medical Officer authorised in this
behalf by the State Government, and a report of such medical
examination shall forthwith be sent by the Medical Officer
to the managers of the school as well as to the Chief
Inspector:
Provided that in the case of schools for the reception of
girls only such Medical Officer shall, whenever practicable,
be a woman.
la. The State Government, if dissatisfied with the
conditions and management of a certified school and after
considering any representation which may be submitted by
the mar agers thereof, may by notice served on the managers
declare that the certificate is withdrawn with effect from
such date as may be specified in the notice and on such
notice being served the school shall cease to be a certified
school from such date :
Provided that the State Government may, instead of so
withdrawing the certificate in respect of any certified school,
by order, prohibit the admission of juvenile delinquents or
other children to the school for such time as may be specified
in the order or until the order is revoked.
Inspection
of
schools.
Medical
Examina-
tion of
inmates of
Schools.
Power of
State
Govern-
ment to
withdraw
certificate.
14. The managers of a certified school may, after giving Surrender
six months' notice in writing to the State Government, cer tificatethrough the Chief Inspector, of their intention so to do, by
surrender the certificate of the school and on such surrender managers.
the school shall cease to be a certified school.
Effect of
with-
drawal or
surrender
of certifi-
cate or
of a
prohibitory
order.
6 The West Bengal Children Act, 1959.
[West Ben. Act
(Chapter 11.—Courts and certain institutions under this Act.—
Sections 15-20.)
15. No juvenile delinquent or other child shall be-
received into a certified school after the date of the receipt,
by the managers of the school, of a notice of withdrawal of
the certificate of the school, or after the date of the issue of
a notice of intended surrender of the certificate or after the
date of receipt of a prohibitory order under the proviso to
section 13, during the period for which such other remains
operative:
Provided that the obligation of the managers of the
school, mentioned in section 17, shall, except so far as the
State Government may otherwise direct, continue until the
withdraNtal or surrender of the certificate takes effect.
Disposal of 16. When a school ceases to be a certified school, the inmates]
when juvenile delinquents or other children detained therein may,.
school by order of the State Government, be discharged uncondi- COWES tionally or on such conditions as the State Government may to be impose, or be transferred to some other reformatory, indus- certi fied. trial or borstal school whether located in the State or not in
accordance with the provisions of this Act.
Obligation
of the
managers.
Reception
Homes.
Disposal of
inmates
when
reception
homes
cease
to be
recognised.
After-
care
organisa-
tions.
17. It shall be the duty of the managers of every
reformatory, industrial or borstal school to provide the
juvenile delinquents and other children detained therein with
accommodation, maintenance and such other facilities as may
be prescribed for their education, training and welfare.
18. (1) The State Government may establish and main-
tain as many reception homes as it may consider necessary
for the temporary reception of juvenile delinquents and of
other children.
(2) If the State Government is of opinion that any
institution or place not established under sub-section (1) is
fit for the temporary reception of juvenile delinquents or of
other children, the State Government may by order recognise
such institution or place as a reception home for the purposes
of this Act and may by like order withdraw such recognition.
19. When a reception home ceases to be a recognised
reception home by reason of withdrawal of recognition or
otherwise, the juvenile delinquents or the other children
detained therein may, by order of the State Government, be
discharged unconditionally or on such conditions as the State
Government may impose or be transferred to some other
reception home in accordance with the provisions of this Act.
20. (1) The State Government may, in accordance with
such rules as may be made in this behalf, establish or
recognise after-care organisations for the welfare, training
and social and economic rehabilitation of juvenile delinquents
and other children discharged from reformatory, industrial
or borstal schools.
The West Bengal Children Act, 1959. 7
XXX of 1959.]
(Chapter I I .—Courts and certain institutions under this Act.—
Section 21.—Chapter I I I.—Juvenile delinquents.—Section 22.)
(2) The powers and duties of after-care organisations
established or recognised under sub-section (I) shall be such
as may be prescribed.
2t. (1) The State Government may appoint as many
Probation Officers as it may think fit to visit juvenile delin-
quents and other children taken charge of—
(i) by after-care organisations established or recognised
under section 20, or
(ii) by parents, guardians or other persons, having been
temporarily released from reformatory, industrial
or borstal schools on probation On the execution of
bonds or otherwise,
and to report to the State Government as to the conduct of
such juvenile delinquents and other children and the circum-
stances in which they live.
(2) The Probation Officers appointed under sub-section (1)
shall have such other powers and duties as may be prescribed.
Probation
officers.
Bail and
custody of
children
pending
inquiry.
CHAPTER III.
Juvenile delinquents.
22. (1) When a child is arrested or detained on a
charge for any offence, whether bailable or not, or appears
or is brought before a Court, such child may be released on
bail with or without sureties, but he shall not be so released
if there appear reasonable grounds for believing that the
release is likely to bring him under the influence of any
criminal or expose him to moral danger or defeat the ends
of justice.
(2) When such a child having been arrested is not
released on bail under sub-section (1) by the officer-in-charge
of the police-station, such officer shall cause him to be kept
in a reception home in the prescribed manner, but not in
the police-station or jail, until he can be brought before a
Court
Provided that such child shall be produced before the
nearest court having jurisdiction within a period of twenty-
four hours of such arrest excluding the time necessary for
the journey from the place of arrest to the Court.
(3) When such child is not released on bail under sub-
section (1) by the Court, it shall, instead of committing him
to prison, •order him to be sent to a reception home during
the pendency of the inquiry into the charge against him.
•
8 The West Bengal Children Act, 1959.
[West Ben. Act
(Cha'pter 111.—Juvenile delinquents.—Sections 23-25.)
23. When a child is arrested, the officer-in-charge of
the police-station to. which he is brought, shall forthwith
inform the parent or guardian, if he can be found, of such
arrest and shall cause him to be summoned to the Court
before which the child will appear:
Provided that nothing in this section shall be deemed to
require the attendance of the mother or the female guardian
of the child if, according to the local manners and customs,
she does not appear in public, but any such person may
appear before the Court by a duly authorised • pleader or
agent.
24. Notwithstanding anything to the contrary contained
in any law for the time being in force,—
(1) no juvenile delinquent shall be sentenced to death;
(2) no juvenile delinquent shall be sentenced to
imprisonment or committed to prison in default of
payment of fine or in default of furnishing
security :
Provided that where the Court is satisfied that the offence
committed by the juvenile delinquent is of so
serious a nature or that he is so unruly or of so
depraved a character that he is not a fit person to
be sent to a reformatory or borstal school, the
Court may sentence him to imprisonment for a
period not exceeding the maximum period of
imprisonment to which he could have been
sentenced for the offence committed, and the
Court shall report the case to the State Govern-
ment and direct the juvenile delinquent to be
detained in such custody as it may think fit ; and
(3) on receipt of a report from the Court under clause
(2), the State Government may make such
arrangement in respect of such juvenile delin-
quent as it deems proper and may at any time
order him to be released from custody on such
conditions, if any, as the State Government may
think fit to impose.
informa-
tion to,
and
• attendance
in Court, of
parent or
guardian.
Sentence
that may
not be
passed
against
juvenile
(Jelin-
quents.
Inquiry by 25. Where a child having been charged with an offence •Court
regarding appears or is produced before a Court, the Court shall hold
juvenile de- the inquiry in accordance with the provisions in the Code of
Unguents. Criminal Procedure, 1898, for the trial of a summons case. 1898. of
Act V
The West Bengal Children Act, 1959. 9
XXX of 19591
( Chapter 111.—Juvenile delinquents.—Section 26.)
26. (1) Where the Court is satisfied on inquiry that a
child has committed an offence, then, notwithstanding any
provision to the contrary relating to the punishment for such
offence contained in any law for the time being in force, the
Court may—
(a) make an order directing the juvenile delinquent to
be sent to a reformatory or borstal school, as .the
case may be, to be detained there for a period
which shall not be less than two or more than
five years:
Provided that where a juvenile delinquent attains the
age of fourteen years before the expiry of the
period of his stay in a reformatory school he shall
be transferred to a borstal school to be detained
there for the unexpired period :
Provided further that the State Government may, if
satisfied on the report of the managers of a school
about the need for further detention of a child who
has been dealt with as a juvenile delinquent,
extend the term of his detention to any period not
beyond the age of twenty-one years and may
transfer him, if necessary, having regard to his
age, from a reformatory to a borstal school; or •4-
(b) make an order discharging the juvenile delinquent
after due admonition ; or
cc) direct the juvenile delinquent to be released on pro-
bation of good conduct and placed under the care
of a parent, guardian or other person considered
by the Court to be a fit person on such parent,
guardian or other person executing a bond, with
or without sureties as the Court may require, for
the good behaviour and proper training of the
• juvenile delinquent for a period not exceeding
) three years; or
order the juvenile delinquent, if he is above the age
of fourteen years and is lawfully employed, to pay
such fine -not exceeding one hundred rupees as the
Court may think fit to impose and in default of
payment to be detained in .a borstal school for such
period as the Court may direct; or
(e) order the parent or guardian of the juvenile delin-
quent, if such delinquent be under S o ur t e en years
of age, to pay such fine not exceeding one
hundred rupees as the Court may think fit to
impose, provided that no such order shall be
passed unless the Court is satisfied that the parent
or guardian has failed to exercise proper control or
has neglected the juvenile delinquent and that he
has sufficient means to pay the fine imposed.
Orders
that may
be passed
regarding
juvenile
delin-
quents.
10 The West Bengal Children Act, 1959.
Proceed-
ings under
Chapter
VIII of
Act V of
1898 not
to be
instituted
against
child.
Prohibi-
tion of
joint trial
of child
and, adult.
[West Ben. Act
'Chapter M.—Juvenile delinquents.— Sections 27, 28.—
Chapter 'V.—Neglected Children.—Section 29.)
(2) Where the Court makes an order under clause (c) of sub-section (1), it may further direct that the juvenile delin-
quent be placed under the supervision of a person to be
appointed by the Court with his consent for such period as may be specified in the order :
Provided that if at any time within three years of such
order it appears to the Court on receiving information from
the person appointed by the Court or otherwise that the
juvenile delinquent has not been of good behaviour, it may,
after such inquiry as it deems fit, order the juvenile delin-
quent to be sent to a reformatory or borstal school to be
detained there for such period, as the Court may direct.
(3) An order under clause (e) of sub-section (1) may be made against a parent or guardian who, having been required
to atten, has failed to do so, but, save as aforesaid, no such order shall be made without giving the parent or guardian an opportunity of being heard.
(4) Any order directing that a parent or guardian shall
pay a fine under this section may be executed in accordance
with the provisions of the Code of Criminal Procedure, 1898. Act V of
1898.
• 28. (1) Notwithstanding anything to the contrary con-
tained in section 239 of the Code of Criminal Procedure, 1898,
or any other law for the time being in force, no child shall
be charged with, or tried for, any offence together with an adult.
(2) Where a child and an adult are accused of an offence
for which under section 239 of the Code of Criminal Proce-
dure, 1898, or any other law for the time being in force,
they would, but for the prohibition contained in sub-section (1), be charged and tried together, the Court taking cogni-
zance of the offence shall direct separate trials of the child and the adult.
27. 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 VIII of the said Code.
Produc-
tion of a
neglected
child
before
Court.
CHAPTER IV.
Neglected Children
29. (1) Any police officer or other person authorised by
the State Government in this behalf may, if . there are reasonable grounds to believe that a person is a neglected
child, take that child into custody for bringing him before a Court.
The West Bengal Children Act, 1959. 11
XXX of 1959.]
(Chapter 1 -V.—Neglected Children.— Sections 30, 31.)
(2) Every child taken into custody under sub-section (1)
shall be brought before a Court within a period of twenty-
four hours of such taking into custody excluding the time
necessary for the journey to the Court from the place where
the child has been taken into custody.
Procedure
to be
followed
when
neglected
child has e.
parent or
guardian.
30. (1) If a neglected child has a parent or guardian,
the police officer or a person authorised under sub-section (1)
of section 29 may, instead of taking the child into custody
under that sub-section, make a report to a Court for an
inquiry regarding the child.
(2) On receipt of a report under sub-section (1) or on its
o,vn knowledge or information a 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 Court that the child is likely to be removed from its
jurisdiction or to be concealed, it may issue a warrant for
taking the child into custody and for sending him to a recep-
tion home.
31, (1) When a neglected child is produced before a
Court, it shall examine the police officer or the authorised
person, as the case may be, who produced the child before
the Court or made the report, and record the substance of
such examination and may send the child to a reception home
pending further inquiries.
(2) On the date fixed for such further inquiries or on
any subsequent date to which the proceedings may be
adjourned, the Court shall hear and record all evidence which
may be adduced and consider any cause which may be
shown under sub-section (2) of section 30.
(3) If the Court is satisfied on such inquiry that the
child is a neglected child and that it is expedient to deal
with him accordingly, the Court may make an order directing
that the child shall be sent to and kept in a reformatory or
an industrial school, as the case may be, and that the period
of his stay. in such school shall, save as hereinafter other-
wise provided, extend up to the time when he attains the age
of eighteen years :
Provided that the Court may, for reasons to be recorded
in writing, shorten the period of his stay in a reformatory
Or an industrial school:
Inquiry by
Court
regarding
neglected
children
and power
of com-
mittal to
refor-
matory or
industrial
school.
Provided further that where a child attains the age of
fourteen years before the expiry of the period of his stay in
a reformatory school, he shall be transferred to an industrial
school, to be kept there for the unexpired period.
Power to
commit
neglected
child to
suitable
custody.
Power of
State
Qrovern-
ment to
direct
release of a
neglected
child kept
in a refor-
matory or
industrial
school.
Uncon-
trollable
children.
12 The West Bengal Children Act, 1959.
[West Ben. Act
(Chapter IV .—Neglected Children,.—Sections 32-34.—Chapter V .—
Maintenance and treatment of children in reformatory, industrial
or borstal schools or under custody.—Section 35.)
32. (1) The Court may, instead of making an order
under sub-section (3) of section 31, make an order directing
the child to be placed under the care of the parent or the
guardian or any other person considered by the Court to be a
fit person, on such parent, guardian or other person execut-
ing a bond with or without sureties, for the good behaviour
and proper training of the child for such period and on such
condition as may be specified in the order.
(2) When making an order under sub-section (1) or at
any time thereafter, the Court may also direct that the child
be placed under the supervision of a person to be appointed
by the Court with his consent for such period as may be
specified in the order :
Provided that if at any time within such period it appears
to the Court on receiving information from the person
appointed by the Court or otherwise that the child has not
been of good behaviour gx that there has been a breach of
any of the conditions of the bond, it may, after such
-inquiry -as it deems fit, order him to be sent to a reformatory
or industrial school, as the case may be, to be kept there
until he attains the age of eighteen years.
33. The State Government may make an order directing
the release, on such conditions as may be specified in the
order, of a child, who, having been dealt with by a Court
under sub-section (3) of section 31 or under the proviso to
sub-section (2) of section 32 has been kept in a reformatory
or industrial school.
34. Where a parent or guardian of a child complains to"
a Court that he is not able to control the child, the Court
may send the child to a reception home pending inquiry into
-the case and may on completion of the inquiry make an order
under sub-section (3) of section 31.
Contri-
bution of
parent or
guardian
for main-
tenance.
CHAPTER V.
Maintenance and treatment of children in reformatory,
Industrial or borstal schools or under custody.
35. (1) The Court, which makes an order for sending a
juvenile delinquent or other child to a reformatory, industrial
or borstal school or for placing a juvenile delinquent or other
child under the care of a fit person other than a parent or
guardian may order the parent or the guardian who is
responsible for the maintenance of such juvenile delinquent or
child to pay such sum to such person or such authority as it
may direct for his maintenance.
The West Bengal Children Act, 1959. 13
XXX of 1959.]
(Chapter V .—litaintenance and treatment of children in reformatory,
industrial or borstal schools or under custody.—Section 36.)
(2) The Court, before making any order under sub-section
(1), shall inquire into the circumstances of the parent or
guardian in his presence, or when his personal attendance is
dispensed with, in the presence of his pleader or agent.
(3) Where an order for the maintenance of a juvenile
delinquent or other child has been made under section 488 of Aot V of the Code of Criminal Procedure, 1898, the Court shall not 1898. make an order under sub-section (1) but may order the whole
or any part of the sums accruing due under the said order for
maintenance to be paid to such person or such authority as it
may direct and such sums shall be applied by him or it
towards the maintenance of the juvenile delinquent or other
child.
'(4) An order made under this section may be enforced in
the same manner as an order under section 488 of the Code
Of Criminal Procedure, 1898.
Explanation.—The parent or guardian of a juvenile
delinquent or other child shall, for the purposes of
this section include, in the case of illegitimacy,
his putative father.
36. {1) When a juvenile delinquent or other child is kept
in a reformatory, industrial or borstal school, the State
Government may, if it thinks fit, order that he be released
from such school on such conditions as may be specified in the
order and permit him to live with, or under the supervision
of, any responsible person, named in the order willing to take
charge of him with a view to training him for some useful
trade or calling.
(2) An order under sub-section (1) shall be in force for
the period specified therein or until it is revoked.
(3) The State Government may, at any time, revoke an
order made under sub-section (1) and direct the juvenile
delinquent or other child to return to his school:
Provided that where a juvenile delinquent or other child,
who was released from a reformatory school has already
attained the age of fourteen years, he shall, on such revocation
of the order under sub-section (1) be directed to be sent to a
borstal school or an industrial school, as the case may be.
(4) When an order has been revoked and the juvenile
delinquent or other child refuses or fails to return to the
school to which he is directed under sub-section (3) to return,
the State Government may cause him to be arrested and taken
back to the school.
(5) The period during which a juvenile delinquent or
other child is allowed to stay out as aforesaid shall be deemed
to be part of the period of his stay in the school.
Placing
out
juvenile
delinquent
or other
child.
/Permis-
sion to a
juvenile
delinquent
or other
child
to live
tempo-
rarily with
his parent
or guar-
dian.
-.14 , The West Bengal Children Act, 1959.
[West Ben. Act
(Chapter V .—ilfaintenance and treatment of children in reformatory,
industrial or borstal schools or under custody.—Sections 37, 38.)
37. (1) The State Government or any authority to which
the State Government may delegate its powers in this
behalf, may, on the recommendation of the
managers of the school, permit a juvenile
delinquent or other child sent to a reformatory, industrial
or borstal school to live under the charge of his parent or
guardian for any period not exceeding thirty days at a
time excluding the time required for journeys and the days
of departure from, and the arrival at, the school:
Provided that such permission shall not be granted, unless—
(i) the juvenile delinquent or other child has completed
at least two years of stay in a reformatory, indus-
trial or borstal school and his conduct has been in
the opinion of the managers of the school uniformly satisfactory;
(ii) the parent or guardian of such juvenile delinquent
or other child executes a bond with or without
sureties as the managers of the school may
require, for the return of the juvenile delinquent
or other child to the school on the expiry of the
period for which he is permitted to live under the
charge of such parent or guardian as the case may be ; and
(iii) in the case of a second or subsequent permission,
not less than one year has elapsed from the date
of the expiry of the previous permission.
Useaped
children.
(2) A juvenile delinquent or other child, who is permitted
to live under the charge of his parent or guardian under sub-section (1) shall return on the due date to the school.
(3) The period during which a juvenile delinquent or other
child is permitted to live under the charge of his parent or guardian under sub-section (1), shall be deemed to be part of the period of his stay in the school, provided that he returns
to the school on the clue date and his conduct has been found
to be satisfactory during the period for which he was permit-ted so to live.
(4) Notwithstanding anything to the contrary in any law
for the time being in force, any police officer not below the
rank of an Assistant Sub-Inspector may without warrant
take charge of a juvenile delinquent or other child, who fails
to return to a reformatory, industrial or borstal school, as the
case may be, after the expiry of the period for which he has been permitted under sub-section (1) to live under the charge of his parent or guardian and take him back to the school.
38,. Notwithstanding anything to the contrary contained
in any law for the time being in force, any police
officer may, without warrant, take charge of a
The West Bengal Children Act, 1959. 15
XXX of 1959.]
(Chapter V .—Maintenance and treatment of children in reformatory,
industrial or borstal schools or under custody.—Section
39. Chapter VI .—Miscellaneous.— Section 40.)
juvenile delinquent or other child, who has
escaped from a reception home, reformatory, industrial
or borstal school or from the custody of a person under
whom he was placed by an order under this Act, and shall
send him back to that home, school or person, as the case
may be, and no proceeding shall be instituted or offence
registered in respect of the juvenile delinquent
or other child for such escape, but the authorities of the home
or school or the person may, after giving information
to the Court which passed the orders in respect of the
juvenile delinquent or other child, take, subject to any
orders that the Court may pass, such steps against him as
may be deemed necessary by such authority or person.
39. (1) The State Government may, at any time, order
a juvenile delinquent or other child to be discharged from a
reformatory, industrial or borstal school, either absolutely or
on such conditions as the State Government may think fit to
impose.
(2) The State Government may order—
(a) a juvenile delinquent or other child to
be transferred from one reformatory school to
another, or from one industrial school to
another, or from one borstal school to another
whether located within the State or not :
Provided that a juvenile delinquent or other child
domiciled in the State shall not, in the absence
of any special reasons, be transferred to a
school outside the State;
b) a juvenile delinquent or other child, the order for
whose release has been revoked, to be sent to the
reformatory, industrial or borstal school from
which he was released or to any other reformatory,
industrial or borstal school, as the case may be,
so, however, that no such juvenile delinquent or
other child shall, if he has attained the age of
fourteen years, be directed to be sent to a
reformatory school.
CHAPTER VI.
Miscellaneous.
Discharge
and
transfer.
40. Whenever any person is brought before a Court to
be dealt with under any of the provisions of this Act as a
child the Court shall make due inquiry as to the age cf that
person and also, for the purposes of section 41, as to his
religious persuasion and shall, after taking such evidence
Presump-
tion and
deter-
mination
of age.
Penalty
for
cruelty to
child.
Children
8,000M-
paving mothers in
prison.
16 The West Bengal Children Act, 1959.
[West Ben. Act
(Chapter T 7 1.—Misc,ellaneous.—Sections 41-45.)
as may be forthcoming, record a finding whether the person
is a child or not and what his age is. The age so found by
the Court shall, for the purpOses of this Act, be deemed to
e the true age of such person.
41. No child shall, in pursuance of an order under this.
Act, be sent to or placed in charge of any person professing,
or a certified school run by a person or persons belonging to,.
a religious persuasion different form that of the child.
42. If it appears to the Court, on the complaint of any
person, that a child is being treated with cruelty or exposed.
to moral danger by, or within the knowledge of, or with
the connivance of, the parent or guardian or that a child,
being a girl, is exposed, within the knowledge of, or with
the connivance of, her parent or guardian, to the risk of
seduction or prostitution, the CoUrt may direct the parent
or guardian to enter into a recognizance to exercise due
care and supervision in respect of such child.
43. (1) Whoever—
(a) knowingly assists or induces, directly or indirectly,
a juvenile delinquent or other child to escape from
a reception home, or a reformatory, industrial or
borstal school or from the custody of the person
under whom he is placed by an order under this
Act; or
(b) knowingly harbours, conceals, or prevents from
returning to such home or school or to such person
a juvenile delinquent or other child who has so
escaped, or knowingly assists in doing so;
shall be punishable with imprisonment for a term which may
extend to six months or with fine not exceeding five
hundred rupees' or with both.
(2) All offences under sub-section (1) shall be
cognizable.
44. If a person, having the custody, charge or care of a
child under the provisions of this Act, assaults, ill-treats,
abandons or exposes such child, or causes such child to be
assaulted, ill-treated, neglected, abandoned or exposed in a
manner likely to cause such child physical or mental suffer-
ing or injury, he shall be punishable with imprisonment
for a term not exceeding two years or with fine not exceeding
two hundred rupees or with both.
45. (1) When any woman having children is
remanded to jail custody being accused of an offence or on
conviction for an offence or on any other ground, the Court
or other authority remanding her to such custody, on being
satisfied that the father of the children, if living, is unable
Restric-
tions on
account of
religious
persuasion
of child.
Care of
children.
Penalty
for
abetting
escape
of child
from
custody.
The -West Bengal Children /let, 1959.
XXX of 1959.1 17
(Chapter 17.—illiscelluneous.—Section8 46-18.)
to take charge of or to look after them, o
r that there is no suitable friend or relation who can take charge of and look
law, order that-- after them, may notwithstanding anything in any other
(a)
any such children, not being more than two years
to the prison, and of age, may be allowed to accompany the woman
(1)) any such children above two years of age may be sent to and kept in a reception home or a refor-
.
oratory school for children other than juvenile
delinquents or an industrial school, as the Court
or other authority may think fit, as if such children were neglected chi/dren.
(2)
If any such woman as aforesaid is released from prison on bail or otherwise, the court or other authority
may, on application made by her, direct the release of the
children kept in a reception home, or a reformatory or
section (1). industrial school in pursuance of an order made under sub-
Act V of
1898.
46. The provision s
of Chapter XLIT of the Code of Procedur© Criminal Procedure, 1898, shall, so far as may be, apply to
in resPe°
bonds taken under this Act.
of bonds.
47. (1)
If in the opinion of the Medical Officer fj
authorised by the State Government a child kept in a refor- children
if. matory, industrial or borstal school in pursuance of this Act t
siu.onarmg
:r,l,usfer of
is suffering from leprosy, tuberculosis or unsoundnes
s of Leprosy mind, the State Government may order his removal to a
Tuber-suitable hospital or 'other place fool' bet
kept there for such period as may be necessary for the proper treatment
mind,
the child.
of mind.
eulosis
u (2) -
When in the opinion of the Medical Officer autho-
rised by the State . Government such a child is cured, the State Government may, if the child is still liable to be kept in custody, order the, person havino' charge of the child to send him to the school from which
bhe was removed or, him to be discharged.
if the child is
no longer liable to be kept in custody, order
48. (I) Notwithstanding anything
contained in the APFeal• Code of Criminal Procedure, 1898, an appeal from an order made by a Court under the provision s of this Act shall lie— (a)
if passed by a Magistrate other than a Presidency Magistrat e to the Sessions Judge; _(b) if passed by a Court of Sessio
Magistrate, to the High Court.
18 The West Bengal Children Act, 1959.
[West Ben. Act
Removal
of disquali-
fication
attaching
to convic-
tion of
child for
an offence.
Power to
make
rules.
(ChaPier 1 7./ .—Miocellaneous.— Sections 49, 50.)
(Z) The period of limitation for an appeal under sub-
section (1) shall be thirty days in the case of appeals to
Courts other than the High Court, and sixty days in the case
of an appeal to the High Court from the date of the order
appealed against.
(3) The provisions of sections and 12 of the Indian
Limitation Act, 1908, shall apply to such appeals.
49. Notwithstanding anything contained in any Other
law, the conviction of a child shall not be regarded as a
disqualification attaching to conviction for an offence.
Act IX
of 190'.
53. (1) The State Government may. oy notification ie
the Official Gazettc, make rules for carrying out the purposes
of ibis Act.
(2) in. particular and without .preiudice to the generality
of the foregoing power, such rules may provide for all or
any of- the following matters, namely : —
(a) the place at which, the days on which and the
manner and conditions in which a Juvenile Court
may hold its sittings;
(b) the procedure to be followed by the Court in holding
inquiries under this Act;
(a) the establishment, certification and maintenance of
reformatory, industrial and borstal schools;
(d) the establishment, recognition and maintenance of .
reception homes including special reception
homes for foundlings and after-Excerpt shown. Open the full act in Lexace.