The Haryana Children Act, 1974 (14 of 1974)
haryana · 1974
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 2In this Act, unless there is anything repugnant in the subject or Dofinitions
- S. 3(1) Ti:State 0 )vernment mly, by n )tification, constiftte for any area specified in th: not;fieatiJn, on or m ch:lci we
- S. 4Section 4 establishes Children's courts in Haryana for handling delinquent children, with a minimum of one female magistrate.
- S. 5(1) In the event of any diffetence of opinion among the members ofit Firm trure, etc
- S. 6Section 6 outlines the jurisdiction and powers of various authorities to handle cases of neglected or delinquent children under the Haryana Children Act, 1974.
- S. 8Section 8 authorizes the Haryana State Government to establish children's homes and recognize other suitable institutions for neglected children, providing them with care, education, and protection.
- S. 10(1) The State Government may establish and maintain as many observation homes
- S. 11(1) The Chief Child Welfare Officer may, by rules made under this After
- S. 12Section 12 of the Haryana Children Act, 1974 allows authorized officers to take neglected children into custody and bring them before a Board within 24 hours.
- S. 13Section 13 allows an authorized police officer to report neglected children to the Board for investigation instead of taking parental charge.
- S. 14Section 14 of the Haryana Children Act, 1974 mandates the Board to investigate and make orders for neglected children, including placement in homes until they reach 18 or 20 years old.
- S. 15Section 15 of the Haryana Children Act, 1974 allows the Board to place a child under the care of a responsible person instead of sending them to a children's home, with conditions and supervision if needed.
- S. 16Section 16 allows the Haryana Children Act Board to send a child to an observation home if a parent or guardian claims they cannot care for the child, after making necessary inquiries.
- S. 17(I) When a child accused of any non -bailable offence is arrested, diadem ap7e5r3 or is b:
- S. 18Section 18 mandates that a police officer must inform a child's parent or guardian and a probation officer upon the arrest of a child.
- S. 19The children's court can inquire into and make orders for a child charged with an offence under this Act.
- S. 20Section 20 of the Haryana Children Act, 1974 outlines the various dispositions a children's court may impose on a child found to have committed an offense.
- S. 21Section 21 of the Haryana Children Act, 1974 prohibits sentencing delinquent children to death, imprisonment, or fines, except in serious cases where alternative measures are deemed unsuitable.
- S. 22Section 22 exempts children under Chapter VIII from criminal proceedings under the Code of Criminal Procedure.
- S. 23Section 23 mandates separate trials for children accused of crimes from non-children to avoid joint trials.
- S. 24Notwithstanding anything contained in any other law, a child who qualification
- S. 25Section 25 ensures ongoing child proceedings in existing courts are transferred to children's courts for final sentencing under the Act.
- S. 26(1) A Board or a children's court shall hold its sittings at such place' Sittings, etc
- S. 27Section 27 of the Haryana Children Act, 1974 restricts who can attend proceedings before a competent authority, allowing only specified individuals and permitting the authority to direct any person to leave if deemed necessary.
- S. 28The section allows a competent authority to require a child's parent or guardian to attend proceedings involving the child.
- S. 29Section allows inquiry to proceed without the child if deemed unnecessary by the competent authority.
- S. 30Section 30 of the Haryana Children Act, 1974 allows authorities to send children needing prolonged medical treatment to recognized facilities and mandates medical examinations for guardians before reuniting cured children.
- S. 31Section 31 mandates a competent authority to verify and record the age of a person brought before it under the Haryana Children Act, deeming recorded age as true.
- S. 32Section 32 details factors a competent authority must consider when making orders for children under the Haryana Children Act.
- S. 33Section 33 allows a competent authority to send neglected or delinquent children to relatives outside its jurisdiction if proper care is assured.
- S. 34Section 34 of the Haryana Children Act, 1974, ensures the confidentiality of probation officer reports but allows sharing with the child or guardians if deemed necessary.
- S. 35Section 35 prohibits publication of identifying details of children in proceedings under the Haryana Children Act.
- S. 36(1) Subject to the provisions of this section, any person aggrieved Appeals
- S. 37Section 37 outlines the procedure for inquiries and appeals under the Haryana Children Act, aligning them with the Code of Criminal Procedure, 1898.
- S. 38Section 38 allows competent authorities to amend or correct orders regarding child placement and addresses clerical errors.
- S. 39Section 39 penalizes neglect or mistreatment of children by those in charge, including employers, with imprisonment and fines.
- S. 40Section 40 penalizes a person found drunk in charge of a child on public premises, allowing arrest and a fine up to fifty rupees.
- S. 41Section 41 penalizes giving intoxicating liquor or dangerous drugs to children without proper medical order.
- S. 42Section 42 mandates police to seize and forfeit intoxicating liquor or dangerous drugs found in a male child's possession in public.
- S. 43Section penalizes anyone in charge of a child for allowing or encouraging them to smoke or drink alcohol with up to one month's imprisonment and a fine.
- S. 44Section penalizes inciting or attempting to incite a child to engage in betting or wagering.
- S. 45Section 45 penalizes taking articles in pawn from a child with up to one month imprisonment and/or a fine up to 100 rupees.
- S. 46Section penalizes withholding child earnings or using them for personal gain, imposing fines up to 1,000 rupees.
- S. 47Offenezs panishable under sections 40, 41, 43, 44, 45 and 46 shall Cognizance of be cognizable certain offences
- S. 48Section 48 allows the State Government and Chief Child Welfare Officer to transfer or discharge neglected or delinquent children to different facilities or homes.
- S. 49Section 49 allows the Haryana State Government to transfer neglected or delinquent children between children's homes and schools within or outside the state.
- S. 50Section 50 allows the State Government to remove children with leprosy or mental illness to asylums and can board out younger children with consent.
- S. 51Section 51 allows the State Government to send delinquent children to special schools or safe custody instead of prison.
- S. 52Section 52 allows the Chief Child Welfare Officer to release children from homes and grant them licenses to live with responsible persons, but can revoke them if conditions are breached.
- S. 53Section 53 allows police to return escaped children from special schools or homes without legal action.
- S. 54Whoever— Penalty for abetting escape of children
- S. 56Section 56 grants custody of a child to a person under the act, with parental control and responsibility for maintenance, barring marriage without authority.
- S. 59(1) The State Government may
- S. 60Section 60 designates certain officers under the Haryana Children Act as public servants under the Indian Penal Code.
- S. 61Section 61 withdraws recognition of children's homes or special schools, directing children's discharge or transfer to another facility.
- S. 63Section 63 allows the State Government and Chief Child Welfare Officer to delegate powers under the Haryana Children Act to subordinate officers.
- S. 64No suit or other legal proceeding shall lie against the State Govern- taken in good faith
- S. 65(1) The Reformatory Schools Act, 1897 (Central Act 8 of 1897)
- S. 66Section 66 allows an inquiry against a child to continue even if the child no longer qualifies as such.
- S. 67(1) The State Government may, by notification, make rules to carry out the purposes of this Act
- S. 68Section repeals the East Punjab Children Act, 1949 for Haryana.