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BOMBAY CHILDREN ACT, 1948
(1) This Act may be called the Bombay Children Act, 1948.
3[(2) It extends to the whole of the State of Maharashtra.]
Section 1 shall come into force at once. The rest of the Act, or any provision thereof, shall come into force in any area on such date as the4[State] Government may, by notification in the Official Gazette,5[specify]:
Provided that on the commencement of the Bombay Children (Extension and Amendment) Act, 1963, all the provisions of this Act (except Parts V and VI thereof) shall also come into force in each of the areas in which the Central Provinces and Berar Children Act, 1928, or the Hyderabad Children Act, 1951, was in force immediately before such commencement.]
The 4[State] Government may, by notification in the Official Gazette, direct that all or any of the provisions of the Act shall not apply to any class of children or youthful offenders in the whole of the6[State of Maharashtra] or in any particular area.
(1) In this Act, unless there is anything repugnant in the subject or context, -
(a) 'adult' means a person who is not a child;
7[(a1) 'after-care' means care during the period of release on licence of a child from an Approved Centre or Approved Institution or any other institution under this Act;
(a2) 'After-care Home or Hostel' means an institution established and maintained or recognised under sub-section (3) of section 25 of this Act;
(a3) 'Approved Centre' means an industrial school or other educational institution established and maintained under sub-section (1) of section 25 of this Act;
(a4) 'Approved Institution' means an industrial school or other educational institution recognised under sub -se
For the purposes of this Act, a person shall be deemed to be a child, if at the time of the initiation of any proceedings against him under this Act or at the time of his arrest in connection with which any proceedings are initiated against him under this Act, such person18[has not completed the age] as specified in clause (e) of section 4 ;
Provided that if during the course of the proceedings under this Act such person 19[completes the age] specified in the said clause, the proceedings already commenced shall be continued and orders may be passed in respect of such persons under this Act as if such person was a child notwithstanding anything to the contrary in this Act.
20[(1)] The provisions of the Reformatory Schools Act, 1897, and of sections 29B and 399 of the Code of Criminal Procedure, 189821, shall cease to apply to any area in which Parts II to XI of this Act have been brought into operation.
(2) Any youthful offender detained in a reformatory school in any area in pursuance of an order made under the Reformatory Schools Act, 1897, who continues to be detained therein on the date on which that Act ceases to apply to such area shall, as from that date, be deemed to have been detained under an order made under this Act as if he had been originally ordered to be detained in22[an Approved Centre] and the reformatory school in which he is detained shall be deemed to be22[an Approved Centre] established under this Act and the provisions of this Act shall, so far as may be, apply in respect of such offender, accordingly.
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For the purposes of this Act, the 24[State] Government may, by notification in the Official Gazette, establish one or more Juvenile Courts for any local area.
The powers conferred upon a Juvenile Court under this Act shall, subject to the provisions thereof be also exercisable by the following Courts, whether trying any case originally, or on appeal or in revision, as the case may be ,-
(a) the High Court,
(b) a Court of session,
23[* * * * * *
25[* * * * * *-i
(e) a salaried Presidency Magistrate,
(f) a salaried Magistrate of the First Class.
26[Save as otherwise provided in this Act or any law for the time being in force relating to lunacy or leprosy-]
(1) where a Juvenile Court has been established for any local area, such Court shall try all cases in which a child is charged with the commission of an offence and shall deal with and dispose of all other proceedings under this Act, but shall not have power to try any case in which an adult is charged with an offence under Part VI of this Act;
(2) where a Juvenile Court has not been established for any local area, no Court other than Courts empowered under section 8 to exercise the powers of a Juvenile Court shall have power to try any case in which a child is charged with the commission of an offence or to deal with or dispose of any other proceedings under this Act.
(1) Notwithstanding anything contained 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 if a Juvenile Court has been established for the area where the trial of such case is to take place.
(2) If a child is accused of an offence for which under section 239 of the Code of Criminal Procedure, 1898*, or any other law for the time being in force, such child and the adult could, but for the provisions of sub-sec. (1), have been tried together the Court taking cognizance of the offence shall direct separate trials of the child and the adult; if a Juvenile Court has been established for the local area the child shall be tried by the Juvenile Court and the adult shall be tried separately by a Court having jurisdiction to try the offence.
A Juvenile Court and in a case in which a child is not being tried jointly with an adult, a Magistrate empowered under section 8 to exercise the powers of a Juvenile Court shall, as far as practicable and subject to the provisions of this Act, follow the procedure provided by the Code of Criminal Procedure, 1898*, (V of 1898) for summary trials in summons cases in which an appeal lies.
(1) A Juvenile Court shall hold its sittings at such places, on such days and in such manner as may be prescribed.
(2) In the trial of a case in which a child is charged with an offence and is not being tried jointly with an adult a Court shall, as far as may be practicable, sit in a different building or room from that in which the ordinary sittings of the Court are held, or on different days, or at different times from those at which the ordinary sittings of the Court are held.
In the trial of a case in which a child is being tried together with an adult in accordance with the provisions of this Act, if the Magistrate trying the case conies to the conclusion that the case is a fit one for committal to the Court of Session, he shall separate the case in respect of the child from that in respect of the adult and shall direct the adult alone to be committed to the Court of Sessions for trial and shall proceed with the trial of the case in respect of the child notwithstanding anything in the Code of Criminal Procedure, 1898*, or any other law for the time being in force.
Notwithstanding anything contained in any law for the time being in force, a legal practitioner shall not be entitled to appear in any case or proceeding before a Juvenile Court, unless the Juvenile Court is of opinion that in public interests the appearance of a legal practitioner is necessary in such case or proceeding and authorises, for reasons to be recorded in writing, a legal practitioner to appear in such case or proceeding.
Save as provided in this Act, no person shall be present at any sitting of a Juvenile Court except,-
(a) the members and officers of the Court,
(b) the parties to the case before the Court and other persons directly concerned in the case including the Police Officers,
(c) such other persons as the Court specially authorizes to be present.
If at any stage during the course of a trial of a case or proceeding, a Juvenile Court considers it expedient in the interest of the child to direct any person including the parent, guardian or the spouse of the child or the child himself to withdraw, the Court shall be entitled to give such direction and thereupon such person shall withdraw. If any person refuses to withdraw, the Court may take steps to remove him.
If at any stage during the course of the trial of a case or proceeding, the Juvenile Court is satisfied that the attendance of a child is not essential for the purposes of the hearing of the case or proceeding, the Court may dispense with his attendance and proceed with the trial of the case in the absence of the child.
If at any stage during the course of a trial of a case or proceeding in relation to an offence against, or any conduct contrary to, decency or morality, a child is summoned as a witness, any Court trying the case or holding the proceeding may direct such persons as it thinks fit, not parties to the case or proceeding, their legal advisers and the officers concerned with the case or proceedings to withdraw. Such persons shall then withdraw. If any person refuses to withdraw the Court may take steps to remove him.
(1) Where a child brought before a Court under this Act has a parent or guardian, such parent or guardian may in any case, and shall, if he can be found and if he resides within a reasonable distance, be required to attend the Court before which any proceeding is held under this Act, unless the Court is satisfied that it will be unreasonable to require his attendance.
(2) The parent or guardian whose attendance shall be required under this section shall be the parent or guardian having the actual charge of, or control over, the child:
Provided that such parent or guardian is not the father, the attendance of the father may also be required.
(3) The attendance of the parent of a child shall not be required under this section in any case where the child was, before the institution of the proceed
(1) When a child who has been brought before a Court under any of the provisions of this Act is found to be suffering from a disease requiring prolonged medical treatment or physical or mental complaint that will respond to treatment the Court may send the child to27[an Observation Home] or to any other place recognised to be an approved place in accordance with the rules made under this Act for such period as it may think necessary for the required treatment
(2) Where a child is found to be suffering from leprosy or is of unsound mind, he shall be dealt with under the provisions of the Lepers Act, 1898, or the Indian Lunacy Act, 1912, as the case may be.
(3) Where a Court has taken action under sub-section(l) in the case of a child suffering from an infectious or contagious disease, the Court before restoring the said child to his partn
For the purpose of any order which a Court has to pass under this Act, the Court shall have regard to the following factors:-
(a) the character and age of the child,
(b) the circumstances in which the child is living,
(c) the reports made by the28[Child Welfare Officer (Probation)], and
(d) such other matters as may, in the opinion of the Court, require to be taken into consideration in the interests of the child :
Provided that where a youthful offender is found to have committed an offence, the above factors shall be taken into consideration after the Court has recorded a finding against the youthful offender that he has committed the offence.
The report of the29[Child Welfare Officer (Probation)] or any other report considered by the Court under section 21 shall be treated as confidential:
Provided that if such report relates to the character, health or conduct of, or the circumstances in which, the child or parent is living, the Court may, if it thinks expedient, communicate the substance thereof to the child or parent concerned, as the case may be and may give the child or parent an opportunity to produce evidence as may be relevant to the matters stated in the report.
[under any Act.]No report in any newspaper, magazine or news-sheet of any case or proceeding in any Court30[under any Act,] in which a child is involved shall disclose the name, address or school or include any particulars calculated to lead to the identification of any such child, nor shall any picture be published as being or including a picture of any such child ;
Provided that for reasons to be recorded in writing the Court trying the case or holding the proceeding may permit the disclosure of any such report, if in its opinion such disclosure is in the interests of child welfare and is not likely to affect adversely the interests of the child concerned.
Except as expressly provided under this Act or the rules made thereunder the procedure to be followed in the trial of cases and the conduct of proceedings under this Act shall be in accordance with the provisions of the Code of Criminal Procedure, 1898*
(1) The State Government may establish and maintain industrial schools and other educational institutions for the reception of children and youthful offenders.
(2) The State Government may prescribe conditions under which any private industrial school or other educational institution may be recognised as an Approved Institution for the reception of children or youthful offenders.
(3) The State Government may establish and maintain or recognise any institution to be an After-care Home or Hostel for the Reception and Rehabilitation of children and youthful offenders during the period of their aftercare].
[observation Homes.]The33[State] Government may, by notification in the Official Gazette, declare any particular place as34[an Observation Home] for the purposes of this Act.
The State Government may establish and maintain Classifying Centres in the prescribed manner for the observation and proper classification of children and youthful offenders committed to them under this Act.
(1) For the control and management of every Approved Centre or After-Care Home or Hostel established and maintained by the State Government, a Superintendent and a Committee of Visitors shall be appointed by the State Government and such Superintendent and Committee shall be deemed to be the managers thereof for the purposes of this Act.
(2) Every Approved Institution and After-care Home or Hostel, recognised by the State Government shall be under the management of a governing body or managing body, the members of which shall be deemed to be the managers of the institution for the purposes of this Act.
(1) The manager of an Approved Centre or of an Approved Institution shall be consulted by the authorities of a Classifying Centre before any child is sent to it.
(2) The managers of an Approved Institution may decline to receive any child sent to it by a Classifying Centre under this Act:
Provided that, where an Approved Institution has once accepted any child it shall be bound to teach, train lodge, clothe and feed him during the whole of the period for which he is liable to be detained in the institution or until the withdrawal or resignation of the recognition of the institution.
Any registered medical practitioner empowered in this behalf by the State Government may visit any Classifying Centre, Approved Centre, Approved Institution or After-Care Home or Hostel at any time with or without notice to its managers order to report to the Director (Child Welfare) on the health of the inmates therein and the sanitary condition of the Centre, Institution or Home or Hostel.]
(1) The36[State] Government if dissatisfied with the conditions, rules management or superintendence of37[an Approved Institution or recognised After-care Home or Hostel] may at any time by notice served on the managers of the38[Institution or Home or Hostel] declare that the39[the recognition thereof] is withdrawn as from a date specified in the notice and on such declaration the withdrawal40[of the recognition] shall take effect and41[the Institution or Home shall cease to be an Approved Institution or Home.]
(2) The42[State] Government may, instead of a withdrawing43[the recognition] under sub-section (1), by notice served on the manager of the44[Institution], prohibit the admission of children or youthful offender to the44 [Institution] for such time as may be specified in the notice or until the notice is revoked.
45[(3) The State G
The managers of50[an Approved Institution] may, on giving six months' notice in writing to the51[State] Government through the52[Director(Child Welfare)] of their intention so to do,53[resign the recognition of the institution] and accordingly at the expiration of six months from the date of notice, unless before that time the notice is withdrawn,54[the resignation of recognition shall take effect, and the institution shall cease to be an Approved Institution.]
56[recognition] A child or youthful offender shall not be received into55[an Approved Institution] under this Act after the date of the receipt by the managers of the56[Institution] of a notice of withdrawal of the56[recognition] or after the date of a notice of resignation of the56[recognition]:
Provided that the obligation of the managers to teach, train, lodge, clothe and feed any children or youthful offenders detained in the school at the respective dates aforesaid shall, except so far as the51[State] Government otherwise directs, continue until the withdrawal or resignation of the certificate takes effect.
57[When an Approved Centre or Approved Institution ceases to be an Approved Centre or Approved Institution] the children or youthful offenders detained therein shall be either discharged absolutely or on such conditions as the58 [State] Government may impose or transferred by order of the59[Director(Child Welfare)] to some60[other Approved Centre or Institution] in accordance with the provisions of this Act relating to discharge and transfer.
61[(1) The State Government may cause any Approved Institution, After-care Home or Hostel, Observation Home and other institutions under this Act to be visited and inspected from time to time at all reasonable hours by the Director (Child Welfare) or any member of his inspecting staff for the purposes of securing the health and welfare of the children and the sanitation of the premises.
(2) The Director (Child Welfare) or any member of his inspecting staff or any officer authorised by the Director (Child Welfare) shall have power to enter any of the institutions mentioned in sub-section(l) at all reasonable hours and to make complete inspection thereof and of all registers relating thereto for the aforesaid purposes.
(3) Where any of such institutions is for the reception of girls, the inspection shall, where practicable be conducted by
(1) Every Approved Centre shall be liable to inspection at all times and in all its departments by the Director (Child Welfare), Deputy Director (Child Welfare), Assistant Director (Child Welfare), Inspecting Officer (Child Welfare) or an officer authorised in this behalf by the Director (Child Welfare) and shall be so inspected at least once in a quarter of every year.
(2) The Director (Child Welfare), Deputy Director (Child Welfare), Assistant Director (Child Welfare), Inspecting Officer (Child Welfare) or any officer authorised by the Director (Child Welfare) in this behalf shall have a right to visit and inspect any of the institutions under this Act and shall be so inspected at least once in every year:
Provided that, where any such institution is for reception of girls mainly and such inspection or visit is not made or paid by the
66(1) The State Government may, for the purpose of this Act.appoint the following officers:-
(a) Director (Child Welfare).
(b) Deputy Director (Child Welfare).
(c) Assistant Director (Child Welfare).
(d) Inspecting Officers (Child Welfare).
(e)
(i) Child Welfare Officers (Probation).
(ii) Child Welfare Officers (Placement and Liaison),
(iii) Child Welfare Officers (Case Work).
(2) The State Government may, subject to such restrictions and conditions (if any) as it may impose, by order, delegate its power of appointment of office
*68[A Child Welfare Officer (Probation)] in the performance of his duties under this Act shall be an officer of the Court, and shall be under the supervision and guidance of the Juvenile Court, where such Court exists and69[elsewhere of the Court which passes any order under this Act in respect of the Child.] Nothing in this section shall derogate from the powers of supervision of the Chief Presidency Magistrate and the70[Director (Child Welfare)] in Greater Bombay and the District Magistrate and the70[Director (Child Welfare)] elsewhere.
The powers and duties of the71[Director (Child Welfare), Deputy Director (Child Welfare), Assistant Director (Child Welfare), Inspecting Officers (Child Welfare) and of Child Welfare Officers (Probation)] shall be as those provided under the provisions of this Act and the rules made thereunder and in accordance with the general or special orders which the72[State] Government or any officers authorised in this behalf, may make for the purpose of carrying out the provisions of this Act.
Any police officer 73[or any Child Welfare Officer (Probation)] or other person authorised in this behalf in accordance with the rules made by the74[State] Government, may bring -
(i) before a Juvenile Court if such Court is established for the area and is sitting,
(ii) if a Juvenile Court is not established for the area or if it is not sitting before a Magistrate empowered under section 8 with the powers of a Juvenile Court, or
(iii) if there is no Court of the kind specified in items (i) and (ii) above, before any Magistrate, any person, who in his opinion is a child and who -
(a) has no home, or is found wandering without any settled place of abode and without visible means of subsistence, or is found begging or is found doing for a consideration
When any Magistrate not empowered to exercise the powers of a Juvenile Court is of opinion that a person brought before him is a child, he shall record such opinion and submit the proceedings and forward the child to the nearest Juvenile Court having jurisdiction in the case or where such Court does not exist to the75[Sessions Judge] to whom he is subordinate.
If the child requiring care and protection on any of the grounds mentioned in clauses (a) to (e) of section 40, has a parent or guardian who has the actual charge of, or control over, the child the police officer76or the Child Welfare Officer (Probation) or other person authorised under section 40 shall, in the first instance make a report to the Juvenile Court established for the area or if one has not been established to the nearest magistrate empowered under section 8 to exercise the powers of a Juvenile Court or to any other nearest Magistrate.
The Juvenile Court, Magistrate, or the other Court to which or whom a report is made under section 42, may call upon such parent or guardian to produce the child before it or him in order to show cause why the said child should not during the pendency of the proceedings, be removed from his care; and may on suitable sureties being offered for the safety of such child and for his being brought before it or him, permit the child to remain in the actual charge or control of his parent or guardian, or may immediately order his removal, if necessary by issuing a search warrant for the immediate production of the child to a place of safety, if it appears to the Court or Magistrate that the child is likely to be removed from the jurisdiction of the Court or to be concealed.
(1) The Court before which a child is brought under section 40 or 41 shall examine the police officer77[or the Child Welfare Officer (Probation)] or the authorised person who brought the child or made the report and record the substance of such examination and shall, as provided in section 43, send the child to78[an Observation Home] for further inquiries.
(2) On the date fixed for the production of the child or for the inquiry 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 why an order committing the child to a79[Classifying Centre] or to the care of a fit person should not be passed and make any further inquiry it thinks fit.
80[(1) If the Court is satisfied on inquiry that such person is a child and is as described within the provisions of section 40 and that it is expedient so to deal with him the Court may order the child to be committed to a Classifying Centre or to the care of a fit person named by the Court until, if the child is a boy, such boy completes the age of eighteen years, and if the child is a girl, such girl completes the age of twenty years, or in exceptional cases for a shorter period, the reasons for such shorter period to be stated in writing.]
(2) The Court which makes an order committing a child to the care of a relative or other fit person may, when making such order, require such relative or other person to execute a bond, with or without sureties, as the Court may require, to be responsible for the good behaviour and well-being of the child and for the observance of such other
The Bombay Children Act, 1948, was enacted to consolidate and amend laws concerning the custody, protection, treatment, and rehabilitation of children and youthful offenders in the state of Maharashtra. Section 45 specifically addresses the committal of children to a classifying center or to a fit person, ensuring that the welfare of the child is prioritized in legal proceedings.
Section 45 provides the legal framework for the court to commit a child to a classifying center or to a fit person if it is satisfied that the individual is indeed a child and requires such intervention for their welfare and rehabilitation.
This section applies to children who are in need of care and protection, particularly those who may have been involved in legal proceedings or are at risk of neglect or abuse. It emphasizes rehabilitation over punishment, aligning with the principles of juvenile justice.
While Section 45 itself does not prescribe punishment, it sets the stage for the court's intervention in the child's life, which may involve further legal actions if the child is found to be in a harmful environment.
(1) In the case of a child whose ordinary place of residence lies outside the jurisdiction of the Court before which it is brought, the Court may, if satisfied after due inquiry that it is expedient so to do, send the child on his own bond back to a relative or a fit person who is fit and willing to receive him at his native place and exercise proper care and control of him.
(2) Any breach of the said bond shall render the child liable to be committed to a83[Classifying Centre] or to the care of another fit person.
(1) Where the parent or guardian of a child complains to the Juvenile Court or if a Juvenile Court is not established for the area to a Magistrate empowered under section 8 to exercise the powers of a Juvenile Court that he is not able to control his child, the Court or Magistrate, as the case may be, if satisfied on inquiry that the case appears to be one of which cognizance should be taken, shall remind the child for observation or treatment and order any further inquiries necessary.
(2) If the Court or Magistrate is satisfied that it is expedient so to deal with the child under this Act, the Court or Magistrate may order the child tobe84[committed to a Classifying Centre if the child is a boy, till he completes the age of 18 years, and if the child is a girl till she completes the age of 20 years.]
(3) The Court or Magistrate may also
(1) Whoever having the actual charge of, or control over, a child willfully assaults, ill-treats, neglects, abandons or exposes him or causes or procures him to be assaulted, ill-treated, neglected, abandoned or exposed or negligently fails to provide adequate food, clothes, or medical aid or lodging for a child in a manner likely to cause such child unnecessary mental and physical suffering shall, on conviction, be punished with imprisonment of either description for a term not exceeding two years or with fine which may extend to one thousand rupees or with both :
Provided that in case of married Juveniles the Court trying the offence under this section may sanction its composition for reasons to be recorded in writing:
85[Provided further that, in cases where such assault results in maiming the child such imprisonment shall, in the abs
Whoever employs any child for the purposes of begging or causes any child to beg or whoever having the custody, charge or care of a child connives at or encourages the employment for the purpose of begging or the causing of a child to beg and whoever uses a child as an exhibit for the purpose of begging shall, on conviction, be punished with imprisonment of either description86[for a term which shall, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, not be less than six months and not more than five years and fine which shall not be less than three hundred rupees.]
If any person is found drunk in any public street or other public place, whether a building or not, while having the charge of a child, and if such person is incapable by reason of his drunkenness of taking due care of the child, such person shall, on conviction, be punished with fine which may extend to two hundred rupees.
Whoever in any public street or other public place, whether a building or not, gives or causes to be given to any child any intoxicating liquor or dangerous drugs except upon the order of a duly qualified medical practitioner in case of sickness or other urgent cause shall, on conviction, be punished with fine which may extend to two hundred rupees.
Whoever takes a child to any place where intoxicating liquor or dangerous drugs are sold or whoever being the proprietor, owner or a person in charge of such place permits a child to enter such place or whoever causes or procures a child to go to such place shall, on conviction, be punished with fine which may extend to two hundred rupees.
Whoever by words either spoken or written or by sign, or otherwise, incites or attempts to incite a child to make any bet or wager or to enter into or take any share or interest in any betting or wagering transaction or so incites or attempts to incite a child to borrow money or to enter into any transaction involving the borrowing of money shall, on conviction be punished with imprisonment of either description for a term which may extend to one month or with fine which may extend to one hundred rupees or with both.
Whoever takes an article on pledge from a child, whether offered by that child on his own behalf or on behalf of any person shall on conviction, be punished with imprisonment of either description for a term which may extend to one year or with fine which may extend to five hundred rupees or with both.
Whoever allows or permits a child over the age of four years to reside in or frequently go to a brothel shall, on conviction be punished with imprisonment of either description for a term which may extend to two years or with fine which may extend to one thousand rupees or with both.
(1) Whoever having the actual charge of, or control over, a girl under the age of eighteen years causes or encourages the seduction (which shall include inducement to indulge in immoral behaviour) or prostitution of that girl or causes or encourages any one other than her husband87* * * to sexual intercourse with her shall, on conviction, be punished with imprisonment of either description for a term which may extend to two years or with fine which may extend to one thousand rupees or with both.
(2) For the purposes of this section a person shall be deemed to have caused or encouraged the seduction of a girl or to have induced her to behave immorally if he has knowingly allowed the girl to consort with, or to enter or continue in the employment of, any prostitute, or person of known immoral character.
Whoever seduces or indulges in immoral behaviour with a girl under the age of eighteen years shall, on conviction be punished with imprisonment of either description for a term which may extend to two years or with fine which may extend to one thousand rupees or with both.
If it appears to a Court on the complaint of any person that a girl under the age of eighteen years is, with or without the knowledge of her parent or guardian exposed to the risk of seduction or prostitution, the Court may direct the parent or guardian to enter into a recognisance to exercise due care and supervision in respect of such girl.
(1) Whoever secures a child ostensibly for the purpose of menial employment or for labour in a dock, factory or other establishment, but in fact exploits the child for his own ends withholds or lives on his earnings, shall, on conviction, be punished with fine which may extend to one thousand rupees.
(2) Whoever secures a child ostensibly for any of the purposes mentioned in sub-section (1), but exposes such child to the risk of seduction, sodomy, prostitution or other immoral conditions, shall, on conviction, be punished with imprisonment of either description for a term which may extend to two years or with fine which may extend to one thousand rupees or with both.
(3) Any person who avails himself of the labour of a child exploited in the manner referred to in sub-section(l) or (2) or for whose immoral gratification such child is use
Whoever -
(a) knowingly assists or induces, directly or indirectly, a child detained in or placed out on licence88[from a Classifying Centre, Approved Centre or Approved Institution to escape from such Centre or Institution] or from any person with whom, as the case may be, he has been placed out on licence, or any child to escape from the person to whose care he has been committed under the provisions of this Act, or
(b) knowingly harbours, conceals, connives at or prevents from returning89[to any such Centre or Institution] or to any person with whom he is placed out on licence or to whose care he is committed under this Act, a child who has so escaped or knowingly assists or connives at so doing, shall, on conviction, be punished with imprisonment of either description for a term which may extend to three months or with fine which may
[certain institutions] in contravention of section 35 Whoever uses or knowingly permits to be used90[any institution referred to in section 35 in contravention of that section ] shall, on conviction, be punished with fine which may extend to five hundred rupees and to a further fine not exceeding fifty rupees in respect of each day during which the institution is so used or permitted to be used after the conviction.
Whoever publishes any report or picture in contravention of the provisions of section 23 shall, on conviction, be punished with imprisonment of either description for a term not exceeding two months or with fine which may extend to five hundred rupees or with both.
All offences under this part shall be cognizable.
Where a boy91* * apparently under the age of sixteen years92[or a girl apparently under the age of eighteen years] is arrested on a charge of a non-bailable offence and cannot be brought forthwith before a Court, the officer in-charge of the police station, or section to which such boy or girl is brought may, release the child on bail, if sufficient security is forthcoming but shall not do so where the release of the child shall bring him into association with any reputed criminal or exposes him to moral danger or where his release would defeat the ends of justice.
93Where a boy apparently under the age of sixteen years and a girl apparently under the age of eighteen years is arrested on a charge of non-bailable offence and is brought before a Court, the Court shall not release the child on bail if such release is likely to bring the child into association with any reputed criminal or shall expose him or her to moral danger or where his or her release would defeat the ends of justice.]
(1) Where a boy 94[* * apparently under the age of sixteen years95[or a girl apparently under the age of eighteen years] having been arrested is not released under section 64 or otherwise, the officer in charge of the police station or section shall cause him or her to be detained in the prescribed manner until he or she can be brought before a Juvenile Court or a Court empowered under section to exercise the powers of a Juvenile Court.
(2) A Court, on remanding or committing for trial a child who is not released on bail, shall order him to be detained in the prescribed manner.
96Immediately after the arrest of a child, it shall be the duty of the police officer or any other person effecting the arrest to inform the Child Welfare Officer (Probation) and officer-in-charge of an Observation Home, of such arrest in order to enable the said Child Welfare Officer (Probation) and officer-in-charge of the Observation Home to proceed forthwith in obtaining information regarding his antecedents and family history and other material circumstances likely to assist the Juvenile Court in making the final order.]
Where the child is arrested, the officer-in-charge of the police station or section to which he is brought shall cause the parent or guardian of the child, if he can be found to be summoned at the Court before which the child will appear.
(1) Notwithstanding anything to the contrary contained in any law, no youthful offender shall be sentenced to death or transportation or imprisonment.
(2) When a child is found to have committed an offence of so serious a nature that the Court is of opinion that no punishment, which under the provisions of this Act it is authorised to inflict is sufficient or when the Court is satisfied that the child is of so unruly or of so depraved a character that hecannot be committed to97[Classifying Centre] or detained in a place of safety and that none of the other methods in which the case may be legally dealt with is suitable, the Court shall order the offender to be kept in safe custody in such place or manner as it thinks fit and shall report the case for the orders of the98[State] Government.
Save -as provided in this Act, the words "conviction" and "sentence" shall cease to be used in relation to children dealt with under this Act and any reference in any enactment to a person convicted, a conviction or a sentence shall in the case of a child be construed as including reference to a person found guilty of an offence, a finding of guilty or an order made upon such a finding, as the case may be.
Notwithstanding anything to the contrary contained in the Code of Criminal Procedure, 1898, no proceedings shall be instituted and no order shall be passed against a child under Chapter VIII of the said Code.
Where a child is found to have committed an offence, the Court, if satisfied on inquiry that it is expedient so to deal with the child, may order him to be committed to a Classifying Centre for such period of detention as will not, subject to the provisions of section 5, extend beyond the time in the case of a boy when he completes the age of eighteen years and in the case of a girl, when she completes the age of twenty years, or in exceptional cases for a shorter period, the reasons for such shorter period to be recorded in writing].
A Court may, if it shall think fit, instead of directing any youthful offender101[ to be detained in a Classifying Centre under section 71] :-
(i) order him to be discharged after due admonition ;
(ii) without passing any final order, direct that he be released on probation of good conduct and committed to the care of his parent or guardian or other adult relative or other fit person on such parent, guardian, relative or person executing a bond, with or without sureties, as the Court may require, to be responsible for the good behaviour and well being of the youthful offender for any period not exceeding three years and for the observance of such other conditions as the Court may impose for securing that the youthful offender may lead an honest and industrious life ;
(iii) if the offence comm
(1) In the case of a youthful offender whose ordinary place of residence lies outside the jurisdiction of the Court before which he is brought, if the Court is satisfied after due inquiry that it is expedient so to do, the Court may send the youthful offender on his own bond back to a relative or fit person, who is fit and willing to receive him at his native place and exercise proper care and control of him, notwithstanding the fact that the youthful offender has to be sent to a place outside the102[State].
(2) Any breach of the said bond shall render the youthful offender, if found at any time at any place within the102[State] liable to be committed to103[Classifying Centre] or to the care of another fit person.
(1) Where the offence committed is punishable with fine and if the youthful offender is under fourteen years of age, the Court shall, order that the fine be paid by the parent or guardian of the child, unless the Court is satisfied that the parent or guardian cannot be found or that he has not conduced to the commission of the offence by neglecting to exercise due care of the child.
(2) An order under this section may be made against a parent or guardian who having been required to attend, 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.
(3) Where a parent or guardian is directed to pay a fine under this section, the amount may be recovered in accordance with the provisions of the Code of Criminal Procedure, 1898.
The Court shall wherever possible order that the youthful offender released under section 72 be placed under the supervision: Provided that if it appears to the Court on receiving a report104[Child Welfare Officer (Probation)] or otherwise, that the youthful offender has not been of good behaviour during the period of supervision, it may proceed to pass such final order as it would have done had it not placed the youthful offender on probation of good conduct.
Notwithstanding anything contained in the foregoing provision, the Court may adjourn the case of a youthful offender sine die and may re-open at the stage of the proceedings at which it was left when adjourned, on additional grounds or material being placed before the Court
In passing an order in respect of a youthful offender under this Part, it shall be lawful to the Court to exercise its powers under any one or more of the foregoing provisions at the same time, if it is necessary and expedient to do so in the interests of the offender.
(1) Any police officer, not below the rank of sub-inspector or105[Child Welfare Officer (Probation)] or a police officer or a person authorised in this behalf in accordance with rules made by the106[State] Government may take to a place of safety any child in respect of whom an offence has been, or there is reason to believe has been, or is likely to be committed.
(2) A child so taken to a place of safety and also any child, who seeks refuse in a place of safety may be detained until he can be brought before the Court:
Provided that such detention shall not in the absence of a special order of the Court exceed a period of twenty-four hours exclusive of the time necessary for the journey from the place of detention to the Court.
(3) The Court may thereupon make such order as hereinafter provide
(1) Where it appears to the Court that an offence as stated in section 78 has been committed or is likely to be committed in respect of any child who is brought before it and that it is expedient in the interests of the child that action should be taken under this Act, the Court may make such order as circumstances may admit and require for the care and detention of the child until a reasonable time' has elapsed for the institution of proceedings against the person for having committed the offence in respect of the child or for the purpose of taking such other lawful action as may be necessary .
(2) The order of detention made under sub-section (1) shall remain in force until such time as the proceedings instituted against any person for an offence referred to in sub-section (1) terminate in either conviction, discharge or acquittal:
Pro
Any Court by which a person is convicted of having committed an offence in respect of a child, or before which a person is brought for trial for any such offence or by which a person is bound over to keep the peace towards a child shall direct that the child against whom the offence has been committed, or in relation to the alleged offence against whom the trial is in progress, or in relation to keeping the peace towards whom the adult concerned has been bound over shall be produced before a Juvenile Court with a view to that Court making such interim and final, orders as may be proper, provided that in an area where no Juvenile Court has been established,107 [the Court if it is not competent to exercise the powers of Juvenile Court under section 8 shall submit the proceedings and forward the child to the salaried First Class Magistrate.]
The Court before which a child is produced in accordance with section 79 may order the child in the prescribed manner
(a) to be committed I08[to a Classifying Centre until the child, if he is a boy completes the age of eighteen years and if she is a girl, completes the age of twenty years] or in exceptional cases for a shorter period the reasons for such shorter period to be recorded in writing, or
(b) to be committed to the care of a relative or other fit person, on bond, with or without surety as the Court may require, such relative or fit person being willing and capable of exercising proper care, control and protection of the child and of observing such other conditions, including, where necessary supervision for any period not exceeding three years, as the Court may impose in the interest of the child:
&n
The Court which makes an order committing a child to the care of his parent, guardian or other fit person under the foregoing provisions may in addition order that he be placed under supervision.
If it appears to the Court on receiving a report from the109[Child Welfare Officer (Probation)] or otherwise, that there has been a breach of the supervision order relating to the child in respect of whom the supervision order had been passed, it may after making such inquiries as it deems fit, order the child to be110[detained in a Classifying Centre or to the care of a fit person].
(1) In the case of a child, the ordinary place of whose residence is outside the jurisdiction of the Court before which he is produced if the Court is satisfied after due inquiry that it is expedient so to deal with the child, the Court may order the child to be sent on his own bond back to a relative or a fit person who is fit and willing to receive him at his native place and exercise proper care and control of him notwithstanding the fact that the place of residence of such child may be at any place outside the111[State].
(2) For breach of bond taken under sub-section (1) the child shall be liable to be committed to a112[Classifying Centre] or to the care of a fit person if found again in the111[State].
The reasons for every order made under sections 81 to 84 shall be recorded in writing and may be made by the Court in the absence of the child.
VICTIMISATION IS SET ASIDE
Where an order is made under sections 81 to 84 and the conviction or order binding the person to keep the peace is set aside or the person is acquitted, the order made under the said sections shall remain in force but it shall be open to the person so acquitted or discharged from his bond to keep the peace to apply for a reconsideration of the said order in consequence of the altered circumstances.
(1) If it appears to a Juvenile Court or any other Court duly empowered under this Act from information on oath or solemn affirmation laid by any person who, in its opinion, is acting in the interests of the child, that there is reasonable cause to suspect that an offence has been or is being committed or unless immediate steps be taken will be committed in respect of the child, the Court may issue, a warrant authorising any police officers named therein to search for such child and if it is found that he has been or is being willfully ill-treated or neglected in manner aforesaid or that any offence has been or is being committed in respect of the child to take him to and detain him in a place of safety until he can be brought before it and the Court before whom the child is brought may in the first instance113[remand him to a place of safety.]
(2) The Court issuing a warrant under
(1) It shall be the duty of a police officer immediately after effecting the arrest of a child to inform a114[Child Welfare Officer (Probation)] and officer-in-charge of115[an Observation Home] for the purpose stated in section 66.
(2) It shall be the duty of any other person effecting such arrest to inform a114[Child Welfare Officer (Probation)] and officer-in-charge of115[an Observation Home] for the like purpose as provided in section 66.
(3) The Juvenile Court for the purpose of such inquiry may, remand the child even in his absence from time to time for a period of not more than fourteen days at a time until available information has been obtained.
116[Notwithstanding anything contained in this Act, the period of detention in the case of a boy under the age of fifteen years, and in the case of a girl under the age of seventeen years and shall be such as will result in the boy being detained until he reaches the age of eighteen years and the girl being detained until she completes the age of twenty
years:
Provided that the period of detention, in the case of a boy of over fifteen years of age, shall not be less than two years, and in the case of a girl of over seventeen years of age, shall not be less than two years]
Provided further that where special circumstances exist and the interest of the child so demands, it shall be open to the Court for reasons to be recorded in writing, to pass an order for a shorter period of detention.
(1) The Court which makes an order for the detention of a child or youthful offender in a117[Classifying Centre] or for the committal of a child or youthful offender to the care of a relative or other fit person may make an order or the parent or other person liable to maintain the child, or youthful offender, to contribute to his maintenance, if able to do
so, in the prescribed manner.
(2) The Court before making any order under sub-section (1) shall inquire into the circumstances of the parent or other person liable to maintain the youthful offender or child and shall record evidence, if any, in the presence of the parent or such other person as the case may be.
(3) Any order made under this section may be varied by the Court on an application made to it by the party liable or otherwise.
(1) In determining the Approved Centre, Approved Institution or other person to whose custody a child is to be committed or entrusted under this Act, the Classifying Centre or the Court shall ascertain the religious denomination of the child and shall, if possible, in selecting such Approved Centre, Approved Institution or other person have regard to the facilities which are afforded for instruction in his religion.
(2) When a child is committed to the care of an Approved Centre or Approved Institution in which facilities for instruction in his religion are not afforded, or is entrusted to the care of a fit person or other person under circumstances in which it appears that no special facilities for bringing up of the child in his religion exist, the authorities of such Approved Centre or Approved Institution or such fit person or other person shall not bring up the child in any re
119[(1) Subject to the prescribed conditions, the Director (Child Welfare) may, at any time after the expiration of six months from the commencement of the detention of a child in an Approved Centre or Approved Institution and on the recommendation of the visitors or managers of the Approved Centre or Approved Institution or on application by a parent, other relation or guardian reinforced by local inquiries made through the Maharashtra State Probation and After-Care Association, or otherwise, release such child from the Centre or Institution and grant him a written licence in the prescribed form and on the prescribed conditions permitting him to live under the supervision and authority of such responsible person or society willing to take charge of the child and approved by the Director.]
(2) Any licence granted under sub-section (1) shall be in force until revoked or forfeited by
[or Child Welfare Officer (Probation)] with escaped children
(1) Notwithstanding anything to the contrary contained in any law for the time being in force, any police officer123[or Child Welfare Officer (Probation)] may arrest without warrant a child who has escaped124[from an Approved Centre or Approved Institution] or from the supervision of a society or a person under whose supervision he was directed to remain, and shall send the child back125[to the Approved Centre] institution, society or the person without registering any offence or prosecuting the child, and the said child shall not be deemed to have committed any offence by reason of such escape but he shall be dealt with by the authorities of the institution concerned in such manner as they think fit.
(2) When a child absconding 126[from a Classifying Centre or an Approved Cent
(3) Except as provided in this section no appeal shall lie from any order passed under this Act by a Juvenile Court or any other Court empowered to exercise the powers of a Juvenile Court under section 8.
The provisions of section 419 to 431 (both inclusive) of the Code of Criminal Procedure, 1898, shall mutatis mutandis apply to appeals against final orders, as if the said orders were the orders of conviction and sentence passed by a Criminal Court.
(1) The period of limitation for an appeal against a final order129[shall be ninety days for an appeal to any Court ] from the date of the order appealed against.
(2) The provisions of sections 5, 7 and 12 of the Indian Limitation Act, 1908130 shall apply to the filing of such appeals.
(1) The131[State] Government may at any time order a child or youthful offender to be discharged from132[an Approved Centre or Approved Institution] either absolutely or on such conditions as the131[State ] Government approves.
(2)
(a) The131[State] Government may order a youthful offender who has attained the age of sixteen years133[detained in an Approved Centre or Approved Institution] to be transferred to a Borstal School established under the Bombay Borstal Schools Act, 1929, in the interest of discipline or for other special reasons ;
(b) any boy or girl over the age of sixteen years, who has been released on licence, and who has committed a breach of licence conditions and whom it is not advisable to send back to his I34[own Approved Centre or Institution] or institution, may be transfe
(1) The State Government may, in consultation with the mangers of any Approved Centre or Institution, consent to the transfer to that Centre or Institution of any child or youthful offender in respect of whom an order has been made by a competent authority in any other part of India of the nature of an order under this Act directing him to be sent to an Approved Centre or reformatory school or Institution of like nature, and upon such transfer, the provisions of this Act shall apply to such child or youthful offender.
(2) The State Government may direct any child or youthful offender to be transferred from any Approved Centre or Institution to any centre or institution of a like nature in any other part of India in respect of which provision similar to that in the State of Maharashtra is made by the Government of that part under any law in force therein:
(1) Where it appears to the State Government that any child detained in a Classifying Centre, Approved Centre or Approved Institution under any order of a Court is of unsound mind or leper, the State Government may, by an order setting forth the grounds of belief that the child is of unsound mind or leper, order his removal to a mental hospital or leper asylum or other place of safe custody there to be kept and treated as the These words were substituted for the words "own school" by Mah. 54 of 1975, s. 54 (2) (b). This word was substituted for the word "Provincial" by the Adaptation of Laws Order. 1950. 136 Sections 98, 99 and 100 were substituted by Mah. 54 of 1975, s. 55. State Government directs during the remainder of the term for which he has been ordered to be detained or if on the expiration of that term, it is certified by a medical officer that it is necessary for the safety of the child or of others that he should
The Director (Child Welfare) may direct any child or youthful offender to be transferred from one institution to another, whether an Approved Centre or Approved Institution :
Provided that the total period of detention of the child or youthful offender shall not be increased by such transfer.]
(1) If in any case in which an information has been laid by any person under the provisions of section 87, the Magistrate after such inquiry as he may deem necessary is of opinion that such information was false and either frivolous or vexatious, the Magistrate may for reasons to be recorded in writing direct that compensation to such an amount not exceeding one hundred rupees as he may determine be paid by such informer to the person against whom the information was laid.
(2) Before making any order for the payment of compensation, the Magistrate shall call upon the informer to show cause why he should not pay compensation and shall consider any cause which such informer may show.
(3) The Magistrate may by the order directing payment of the compensation further order that in default of payment the person ordered to pay such compensation
When a youthful offender is found to have committed any offence the fact that he has been so found shall not have any effect under section 75 of the Indian Penal Code or section 565 of the Code of Criminal Procedure, 1898*, or operate as a disqualification for office or any employment or election under any law.
Without prejudice to the powers of Courts of appeal and revision any custody order, supervision order or probation order may be amended by the Court which made such order in respect of the person named as custodian, supervisor or137[(Child Welfare Officer (Probation)] and such other details as may be deemed necessary, provided that in case of an order committing a child to an institution no such order shall, subject to the proviso herein below be amended except in relation to the period of duration, such amendment being by way of extension of the period only:
Provided that in case of emergency and for immediate necessity a committal order may be varied by way of change in the institution to which the order relates such variation being subject to confirmation by the 138 [Director (Child Welfare)].
139[Subject to the supervision, direction and control of the Director (Child Welfare), any person ] to whose care a child is committed under the provisions of this Act shall, while the order is in force, have the like control over the child as if he were his parent, and shall be responsible for his maintenance, and the child shall continue in his care for the period stated by the Court notwithstanding that he is claimed by his parent or any other person.
140Whenever under any of the provisions of this Act, it is provided that a child shall be committed to a Classifying Centre, then such child shall subsequently, be sent in the prescribed manner to an Observation Home or an Approved Centre or Institution according to the circumstances of each case and in the interest of the child:
Provided that for reasons to be recorded in writing, the child may, instead of being sent to a Classifying Centre, be ordered to be retained or sent to an Observation Home or may be sent to an Approved Centre or Approval Institution.]
The provisions of Chapter XLII of the Code of the Criminal Procedure, 1898*shall, so far as may be, apply to bonds taken under this Act.
141 The Child Welfare Officers, Assistant Directors and Deputy Director (Child Welfare) and the Director (Child Welfare) and all other persons authorised or entitled to act under any provisions of this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.
The State Government may, by notification in the Official Gazette, direct that all of any of the powers conferred or duties imposed on the Director (Child Welfare) by or under this Act may, subject to such restrictions and conditions, if any, as may be specified in the notification, be exercised or performed also by such of the officers appointed under this Act as may be specified in the notification.]
No suit, prosecution or other legal proceedings shall be instituted against any person for anything which is in good faith done or intended to be done under this Act.
(1) The142[State] Government may make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing provision such rules may be made for all or any of the following matters, namely:-
(a) the procedure to be followed by Juvenile Courts and other Courts empowered to exercise the powers of Juvenile Courts under section 8 in the trial of cases and the conduct of proceedings under the Act;
(b) the places at which days on which and the manner in which a Juvenile Court shall hold its sittings under sub-section (1) of section 12 ;
(c) the conditions subject to which institutions and associations shall be recognised as approved places for the purpose of sub-section (1) of section 20;
&nbs
The Bombay Children Act, 1924, is hereby repealed:
Provided that -
(a) Juvenile Courts established under the repealed Act shall be deemed to be Juvenile Courts established under this Act;
(b) certified schools established or certified fit person institutions, remand homes, approved places and voluntary homes recognised under the repealed Act shall be deemed to be recognised under this Act;
(c) all licences and certifcates granted and transfers made under the repealed Act shall be deemed to be granted or made under this Act;
(d) all cases, proceedings and appeals pending before any Court under the repealed Act shall be continued and disposed of by the said Courts notwithstanding anything in this Act as if
156(1) On the commencement of the Bombay Children (Extension and Amendment) Act, 1963, the Central Provinces and Berar Children Act, 1928 and the Hyderabad Children Act, 1951, shall stand repealed:
Provided that, anything done or any action taken (including any appointment, notification, notice, order, rule or form made or issued, any Juvenile Court established or any certified school established or certified, any place of safety or fit person recognised, any licence or certificate granted or withdrawn, any warrant issued, any bail granted, any remand, any committal for trial or custody, any discharge, or transfer of a child or youthful offender made, or any contribution directed to be paid) under any such law shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act, and shall con
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