Amendment status not verified — confirm the current text below against the official source.
Special procedure to be followed when neglected child has parent -(1) If a person, who in the opimon of the polic.; officer or the authorised person is a neglected child, has a parent or guardian who has the actual charge of, or control over, the child, the police officer or the authonsed person may, instead of takmg charge of the child, make a report to the children's court for initiating an inquiry regardmg that child. )4 (2) On receipt of a report under sub-section (1), the children's court may call upon the parent or guardian to produce the child before 1t and to show cause why the cluld should not be dealt with as a neglected child under the pro- viswns of th1s Act and If It appears to the chtldren's court that the chtld 1s likely to be removed from its JUnsdlctlon or to be concealed, 1t may tmmedtately order Ius removal (If necessary by tssmng a search warrant for the 1mmed1ate productiOn of the child) to an observatwn home 14 Inquiry by chtldren' s couTt regardmg neglected children -(1) When a person alleged to be a neglected child ts produced before a children's court, 1t shall examme the pollee officer or the authonsed person who brought the child or made the report and record the substance of such exammatwn and hold the inqmry m the prescnbed manner and may make such orders m relation to the ch1ld as 1t may deem fit Provided that before holdmg such mqmry the children'~ courts shall direct the probatwn officer to furmsh It with a report regardmg the antecedents and famlly history of the ch1ld and other matenal circumstances hkely to be of assts- tance to the court m holdmg the mqmry (2) Where a children's court 1s satisfied on mquiry that a child Is a neglected child and that It ts exped1ent so to deal wtth htm,- the children's court may make an order directmg the child to be sent to a children's home for the period unt1l he ceases to be a child Provided that the ch1ldren 's court may, for reasons to be recorded, extend the perwd of such stay, but m no case the period- of stay shall extend beyond the time when the chllrl attams the age of eighteE:n years m the case of a boy and twenty years m the case of a girl Provided further that the children's court may, 1f it is satisfied that having regard to the circumstances of the case it is expedient so to do, for reasons to be recorded, reduce th..o period of stay by such penod not exceedmg two years as 1t thinks fit (3) During the pendency of any inqmry regarding a child, the ch1ld shall, unless he Is kept with hts parent or guardian, be sent to an observation home for such penod as may be specified in the order of the chtldren's court: i I I ' l l I I - ' IS Provided that no child shall be kept with his parent or guardian If, m the opmwn of the children's court, such parent or guardian IS unfit to exercise or does not exercise proper care and control over the child 15 Power to commzt neglected cluld to suztable custody -(1) If the children's court so thmks fit, It may, mstead of makmg an order under sub-sectwn (2) of sectwn 14 for sendmg the child to a children's home, make an order placmg the child under the care of a parent, guardian or other fit person, on such parent, guardian or fit person executmg a bond with or without surety to be responsible for the good behavwur and \\ell bemg of the child and for the observance of such conditions as the children's court may thmk fit to Impose (2) At the tlme of makmg an order under sub-sechon (1) or at any tlme subsequently, 1he children's court may, m additwn, make an order that the child be placed under superv1s10n for any period not exceedmg three years m the first mstance (3) Notwithstandmg anythmg contamed m sub-sectwu (1) or sub-section (2), lf at any tlme It appears to the children's court on receivmg a report from the probation officer or other- Wise, that there has been a breach of any of the conditwn.;; Imposed by It m respect of the child, It may, after makmg such mqmry as It deems fit, order the child to be sent to a children's home 16 Uncontrollable chzldren -Where a parent or guardian of a child complains to the children's court that he Is not able to exercise proper care and control over the child and the children's court IS satisfied on mqUiry that proceedmgs under this Act should be Imtlated regardmg the child, It may send the child to an observatwn home and make such further mqUiry as It may deem fit, and the provisions of section 14 and sectwn 15 shall, as far as may be, apply to such proceedmgs. CHAPTER IV Delinquent cluldren 17 Bazl and custody of chzld1·en -(1) When any person accused of a bailable or non-bailable offence and apparently a child IS arrested or detamed or appears or IS brought before a children's court, such person shall, notwithstanding anythmg 16 contained in the Code of Criminal Procedure, 1898 (Central Act 5 of 1898) or m any other law for the tlme being m force, be released on ball with or without surety, but he shall not be so released if there appear reasonable grounds for bellevmg that the release 1s llkely to bnng him mto association with any reputed crimmal or expose him to moral danger or that his release would defeat the ends of JUStice. (2) When such person having been arrested is not released on bail under sub-section (1) by the officer-in-charge of the pollee statwn, such officer shall cause him to be kept m an observatiOn home in the prescnbed manner (but not m a pollee station or Jail) untll he can be brought before a children's court. (3) When such person IS not released on ba1l under sub-section (1) by the children's court, it shall, instead of comm1ttmg htm to pnson, make an order sendmg him to an observatiOn home for such period dunng the pendency of the mqmry regardmg him as may be specified m the order 18 Information to parent or guardian or probation "1_' officer -Where a chtld 1s arrested, the officer-m-charge of the pollee statwn to whtch the child Is brought shall, as soon as may be after the arrest, mform- ( a) the parent or guardian of the child, if he can be found, of such arrest and direct him to be present at the children's court before wh1ch the ch1ld w1ll appear , and (b) the probation officer, of such arrest in order to enable him to obtam information regardmg the antecedents and frumly history of the child and other material circumstances hkely to be of assistance to the children's court for makmg the inquiry. 19 Inquiry by children's court regarding delinquent children -Where a child having been charged with an offence appears or is produced before a children's court, the children's court shall hold the inqmry in accordance wtth the provisions ~- of section 39 and may, subject to the provisions of this Act, make such order in relation to the child as it deems fit 20 Orders that may be passed regarding delinquent chtldren.-(1) Where a children's court is satisfied on inqmry that a child has comnutted an offence, then, notw1thstandmg 17 anything to the contrary contained in any other law for the trme bemg m force, the chtldren's court may, tf It so thmks fit- ' (a) allow the chtld to go home after advice or admoni tlon ; \" (b) direct the chtld to be released on probation of good conduct and . placed under the care of any parent, guardian or other fit person, on such parent, guardian or other fit person executmg a bond, With or without surety, as that court may reqmre, for the good behavwur and well-being of the chtld for any penod not exceedmg three years , (c) make an order directing the child to be sent to a special school for the penod untll he ceases to be a child : Provided that the chtldren's court may, for reasons to be recorded, extend the perwd of such stay, but m no case the period of stay shall extend beyond the time when the child attams the age of eighteen years m the case of a boy or twenty years m the case of a girl : Provided further that the chtldren's court may, if it ts satisfied that having regard to the nature of the offence and the circumstances of the case It ts expedient so to do, for reasons to be recorded, reduce the period of stay to such penod as it thmks fit ; · (d) order the chtld to pay a fine If he 1s over fourteen years of age and earns money. (2) Where an order under clause (b) or clause (d) of sub-sectwn (1) IS made, the children's court may, if it IS of opmion that in the mterest of the chtld and of the publlc tt ts expedient so to do, m additwn make an order that the delinquent chtld shall remain under the supervision of a probatwn officer named in the order durmg such penod, not exceeding three years, as may be specified therem and may m such supervision order impose such conditions as It deems necessary for the due supervision of the delinquent child : Provided that if at any time afterwards it appears to the children's court on receiving a report from the probation officer or otherwise, that the delinquent child has not been of good behaviour during the period of supervision, it may, after making such inquiry as 1t deems fit, order the delmquent chtld to be sent to a special school. 18 (3) The children's court makmg a supervision order under sub-sectiOn (2) shall explam to the child and the parent, guardian or other fit person, as the case may be, under whose care the child has been placed, the terms and conditiOns of the order and shall forthwith furnish one copy of the supervisiOn order to the child, the parent, guardian or other fit person, as the case may be, the sureties, If any, and the probatiOn officer (4) In determmmg the special school or any person to whose custody a child IS to be committed or entrusted under this Act, the court shall pay due regard to the rehgwus deno- mmahon of the child to ensure that rehgwus mstruction contrary to the rehgwus persuasion of the child is not Im- parted to him