(1) A court. may, if it shall thi it i i Jo think fit Power to disch directing any youthful offender to be detained in a certie youthful offender fied school, order him to be— Stitable custody.
(a) discharged after due admonition, or
(6) 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 of the youthful offender for any period not exceeding 3 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 and may further order that the youthful offender released under this clause be placed under the supervision of a probation ofiicer.
(2) If it appears to the court on receiving a report from the probation officer or otherwise, that the offender has not been of good behaviour during the period of his probation, it may, after making such enquiry as it deems fit, order the offender to be detained in a certified school.
probation officers.
31. (D A probation officer shall be— Appointment of
(a) any person appointed to be a probation officer by the {Central Government], or.
. ° , ‘ 6é ‘ > 9° 9 99 1 sini b Reorganisation ‘Substituted for the words “State Government” by the Punjab Reo (Chandigarh) : (Adaptation of Laws on State and’ Concurrent Subjects) Order,
1968.
CHILDREN [1949 : East Pb. Act XY, q appointed for this purpose by 4
(b) any person ognised in this behalf by the ciety © s/Central Government], or 478 e is no person appointed under cla
(c) When the) any other person appointed fron i for any parti oe | e to time by the court YY Particular 8 ae subject to the general or special Orders of the *{Central Government].
2) A probation officer, in the exercise of his duties under i supervision order, shall be subject to the contro] of the District Magistrate of the district in which the court which passes any order under this Act in respect of the child, is situate.
Duties of probation 32. A probation officer shall, subject to the rules officers. made under this Act and tothe direction of the court-—
(a) visit or receive visits from the child or the youthful offender at such reasonable intervals as may be specified in the order passed by the court or, subject thereto, as the probation officer may think fit ;
(b) see that the relative of the child or the youthful offender, as the case may be, or other person to whose care such child or youthful offender is committed, observes the conditions of the bond ;
(c) report tothe court as to the behaviour of the outa or the youthful offender as the case may
(d) advise, assist and be friend the child or the youthful offender, and when necessary, &2- deavour to find him suitable employment ; an
(e) Coen any other duty which may be pre oo —————e Substituted for the ords “ jsation (Chandiga aoe State Government” § the Punjab Reorganisati©
1968. Barh) (Adaptation of Laws on State and Concurrent Subjects) order.
1949 : East Pb. Act XXXIX.] CHILDREN 479
33.. (1) Where a child is found to have i an offence punishable with fine and the court is of opinion that the case would be best met by the imposition of a fine whether with or without any other punishment, the court may in any case, and shall if the child is under fourteen years of age, 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 apportunity 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.
(4) A parent or guardian may appeal against any such order as if the order were a sentence passed in pioceedings against himself.
34. (J) Whena child is found to have committed an offence of so serious a nature that the court 1s of opinion that no punishment which, under the provisions of this Act; it is authorised to inflict 1s sufficient, the court shall order the offender to be kept in safe custody in such or manner as it thinks fit and shall report the case for the orders of the *[{Central Government].
isi ion 27, the 2) Notwithstanding the provisions of section 27, (Central Government] may order any such child to oe tained in such place and on such conditions as it aks fit, and while so detained the child shall be deemed to in legal custody - od of detention so ordered. shall d of imprisonment to which the ffence committed.
Provided that no peri exceed the maximum perio child could have been sentenced for the o i ‘ctnte Government” by the Punjab Reorganisation {Substituted for the words <‘State G ee at” by ra een onder, (Ghandigarh) (Adaptation of Laws on State Power to order parentto pay fine etc, instead of child, Detention in the case of certain crimes Committed by children.
h place | 480 CHILDREN [1949 : East Pb. Act XXX) X, Methods of dealing 35. Where a child charged with any Offence ;. .. hild .
is charged ‘with by any court, and the court is satisfied of his guilt mig offences, Court shall take into consideration the manner in Whi € under the provisions of this or any other Act Ch €nabli Court to deal with the case, the case should be dealt yi namely, whether—
(a) by discharging the offender after due admoni.
tion ; or
(b) by committing the offender to the Care of his parent, guardian, other adult relative, or Other fit person on such parent, guardian, relative o; person executing a bond to be Tesponsible fo, his good behaviour : or
(c) by so discharging the offender and under the supervision of a the court ; or placing him person named by
(d) by releasing the offender on probation of good conduct ; or
(2) by sending the offender to a certified school; . or . |
(f) by ordering the offender to pay a fine ;or |
(g) by ordering the parent or guardian of the offender to pay a fine ; or (A) where the offender is or upwards to whom applies, by sentencing a child of fourteen. years the proviso to section 27 him to imprisonment ; of
(i) by dealing with the case in any other manne?
| In which it may legally be dealt with :
Provided that nothin ed as authorising the ¢ manner in which it could not deal with the - case: apart from this section.
1949 : East Pb. Act XXXIX.] CHILDREN 48)
36. For the purpose of dete: mining the sentence Or Investigation of order Which a court ought to pass or make under this Part cireumtansns against any person tried by or brought before it, the court — shall after recordmg its finding on the facts of the case nave regard to the character of the person and the circumstances in which he is living as disclosed by the facts of the case, OT, on further enquiry, by any other evidence or information,
PART V Prohibition of Publication of names, addresses or other details concerning children involved in offences.