(2) Any police officer or such other person authorised in this behalf in accordance with rules made by the Central Government] may bring before a court any person who in his opinion is a child and who—
(a) has no home, place of abode or visible means of subsistence, or is being wilfully neglected by his parent or guardian ; or 1Substituted for the word “Magistrate” by Punjab Act No. 25 of 1964. | Substituted for the words “State Government” by Punjab Reorganisation (Chandigah) (Adaptation of Laws on State and Concurrent Subjects) Order, 1968.
sAdded by Punjab Act No. 25 of 1964, :
‘Substituted for the words “District Magistrate or Sub-Divisional Magtstrate” by ibid. . . .
Substituted for the word “Magistrate by ibid.
Magistrate is not empowered to pass an order under this ct.
Children found homeless, destitute, etc.
466 CHILDREN [1949 :; East Pb, Act Xx Xx SUry} , Case of. e T guard;
S0ing tra
(b) is found destitute and his parents or parent or other guardian or in the illegitimate child his mother or othe are or is as the case may be, under portation or imprisonment ; or
(c) is under the care of a parent or guard by reason of criminal or drunken habit fit to have the care of such person or aN Who S18 up.
(d) frequents the company of any reputed thief o, prostitute ; or
(e) is lodging or residing in or frequenting a house used by a prostitute for the purposes of Prostitution ; or o
(f) is made or allowed to beg or receive alms Sor
(g) is being grossly overworked or ill-treated by his employer :
Provided that when any such child has a parent or guardian who has the actual charge or control over the child the police officer or other person, as aforesaid, shall, in the first instance make a report to the nearest court or Judicial Magistrate] having jurisdiction under this Act. Such court or [Judicial Magistrate] may call upon such parent or gurdian to show cause why the 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 the court, permit the child to remain in the actual { or gurdian or may order €S orders under this Act.
charge or control of his paren his removal till the court pass _ _ (2) The court before which a child is brought under sub-section (/) shall examine the informant and recor” the substance of such examination and shall, if there at sufficient grounds for further enquiry, fix a date for suC!
enquiry. — .
a ° d
(3) On the date fixed for the production of the bare or for the enquiry or on any subsequent date to whic Ase proceedings may be adjourned the court shall hear a2 any cord all evidence which may be adduced and consider .
4, ‘Substituted for the word “Magistrate” by Punjab Act No. 25 of 196 4 1949 : East Pb. Act XXXIXx,] CHILDREN 464 cause which may be shown why an order sending the child to a certified school should not he passed and make any further inquiry it thinks fit.
(4) If the court is satisfied on the inauj quiry that suc person is a child to whom any of the clauses of iaUbsection (/) applies and that it is expedient so to deal with him the court may order him to be sent to a certified school until such child attains the age of 18 years or for any short- er period.
PART III.
OFFENCES AGAINST CHILDREN AND THEIR PREVENTION
9. (J) Whoever having attained the age Of 16 years punishmem for and having the actual charge of or control over a child abandons, exposes or wilfully neglects or causes or procures him to be abandoned, neglected or exposed, in a manner likely to cause such child unnecessary suffering _ or injury to his health shall be punishable with imprisonment of either description for a term which may extend to six months or with fine which may extend to two hundred rupees or with both.
(2) Whoever, being an employer of a child, overworks him to an extent or ill-treats him in a manner, so as to amount to gross cruelty, shall be punishable with imprisonment of either description for a term which may extend to six months or with fine which may extend to two hundred rupees or with both.
(3) For the purposes of this section injury to health includes injury to, or loss of, sight or hearing and injury to limb or organ of the body and any mental derangement, and a parent or other person legally liable to maintain a child shall be deemed to have neglected him in a manner likely to cause injury to his health if he , having means to provide adequate food, clothing, medical aid or lodging for the child, fails to make such provision.
(4) A person may be convicted of an offence under this section notwithstanding that the actual suffering or injury to health was obviated by the action of another person.
(5) Nothing in this section shall be construed to take away or affect the right of any parent, teacher or other eet son having the lawful control or charge of a child to ad- Minister punishment to such child.
cruejty to children, CHILDREN [1949 : East Pb. Act XX} causes any child, or havin of or control over 4 child, allows that “¢ emises or place for the purposes oy in ny sl eo of nde He Bag eg ?
alms, shall ee ae description for 4 or with fine which may exte with both.
468 Causing or ajlowing 10. ( 1) Whoever child to beg. ac tual char ge hich may extend to three mong}, nd to one hundred rupees 4, son having the custody, charge or care ofa wile charted with an offence under this section, and it is proved that the child was 10 any street, premises or place for any such purpose as aforesaid, and that the person hild to be in the street, premises, or lowed the c t, p tne oh shell be presumed to have allowed him to be in the street, premises or place for that purpose unless the contrary is proved.
Penalty for_ being 11. If any person is found drunk in any highway or charge orchid other public place whether a building or not or on any premises licensed for the sale of liquor, while having the charge of a child apparently under the age of seven years and if such person is incapable by reasons of his drunkenness of taking due care of the child, he may be arrested and shall, if the child is under that age, be punishable with fine which may extend to fifty rupees.
Explanation—For the purposes of this section a‘child shall be deemed to be under the age of seven if it appears io the court to be under that age unless the contrary is proved.
riatoe cating fauce_, .2. Whoever in any highway or other public place to a child, whether a building or not or on any premises licensed for the sale of liquor gives, or Causes to be given to any chil any intoxicating liquor except upon the order of a duly qualified medical practitioner, or in case of sickness, apPt@ hended sickness or other urgent cause, shall be punishable with imprisonment of either description for a term 7 7 o one m i 1 i fifty rupees or with ote or with fine which may exten Seizure by Police 13. It shall b . 126 officer of any bidis, ° eo. UG the dut to sé Janice, letees ANY intoxicating drug or liquor, bidis, cigarettes, toba@® in possession of o Finds ene mixture in the possession of a child whom tA | cigarettes, toto eet OF Public place and any ty » toDaCCO or Smoking mixture so seized shall 1949 : East Pb. Act XXXIX.] CHILDREN forfeited to the '[Central Govern officer shall be authorised to searc not a girl.
469 ent] and every such poli ch any boy so found but
14. Whoever, having the a | ; , ctual charge of or control Peaal ing over a child, allows or encourages that child to smoke or a child to. smoke drink any intoxicating drug or liquor shall be punishable rneliguon with imprisonment of cither description for a term which — may extend to one month or with fine whi fifty rupees or with both. hich may extend to
15. Whoever by words either spoken or wri Penalty for inciting by signs, or otherwise, incites or attempts to incite a child * child to bet.
to make any bet or wager or to enter into or take any share or interest in any betting or wagering transaction shall be punishable 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.
16. Whoever takes an article in pawn from a_ child whether offered by that child on his oan behalf or on be- pawa fom a half of any other person shall be punishable with imprison- “"'* ment 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.
17. Whoever, having the actual charge of, or con- Ae trol over, a child between the ages of four and sixteen allows that child to reside in or frequent a brothel shall be punishable 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.
18. (J) Whoever having the actual charge of, or Causing orencoura- . ° ging seduction, control over, a girl under the age of sixteen years Causes etc., of a young or encourages the seduction or prostitution of that girl or git.
causes or encourages, any one other than her husband to have sexual intercourse with her shall be punishable with imprisonment of either description for a term which may extend to three years and shall also be liable to fine.
For the purposes of this section a person shall be deemed to have Y cased or encouraged the seduction of prostitution of, or the unlawful sexual intercourse wit 1 girl who has been seduced or become a prostitute ee whom such sexual intercourse has been had if he me » Punjab Reorganisation —-:18,a°>stituted for tha words “State Government” by the 1968.
Caan figath) (4 dagtatioa of Laws oa State and Concurrent ubjects) Order, 470 CHILDREN [1949 : East Ph. Act XXX . irl t ort with, or to knowingly allowed the girl to foe rostitae > €nter and continue in the employment of any p T person of known immoral character.
Young girls exposed it appears to a court on the complaint of toriskot sedovt persed eat ‘a ai under the age of sixteen or that such Cruelly treated, girl with the knowledge of her parent or &uardian IS ex, posed to the risk of seduction or prostitution or leading a life of prostitution; the court may direct the parent 7 guardian to enter into a recognizance to exercise due care and supervision in respect of such girl.
epee ae child 20. (1) Any police officer, not below the rank of Sub-Inspector or a Police officer or a person authorised jn this behalf in accordance with rules made by the {Central Government] may taketoa place of safety any child in re- spect of whom an offence punishable under ‘this Act or XLv¢; under Chapter XVI of the Indian Pena] Code, 1860, has 1 been or there is reason to believe it has been committed -
Provided that no such child shall be taken from the Custody of its parent or guardian if such parent or guardian furnishes a bond in a sum not exceeding five hundred Tupees to the satisfaction of the police officer or other person authorised for Producing the child in court within the time specified in the bond.
: “ime has elapsed 1. Some person for having commit:
within fence, and, if : charge is made against any person in that time, unti the char ined by” the conviction, discharge quittay Coen determine ae Or acquitt and, IN case of conviction for such forte of that person er ti ceeding one month as the court Whic cme not ex Convicted may direct and 1949 : East Pb. Act xxx]y. i cna i any such order may be | ; Carried out ;
any person claims the Custody of the chil pistanding that
21. (J) Where any MY person havi :
of or control over a child h b aving the actual charge Disposal of sale
(a) convicted of comm child an offen “Tad. under Chape bo" Or itting in respect of such c€ punishable under this Act or r XVI of the Indian Penal Code;
(5) committed for tria] for any such offence; or
(c) bound over to keep the peace t child by any court 7 peace towards such that court may either at the time when the person is so convicted, committed for trial or bound over or at any other time, order that the child be taken out of the charge and control of the person so convicted, committed for trial or bound over and be committed to the care of a relative of the child or other fit person named by the court (such relative or other person being willing to undertake such care) until he attains the age of sixteen years orfor any shorter period and that court or any court of like jurisdiction may, of its own motion or on the application of any person, from time to time by order renew, vary and revoke any such order.
(2) The court which makes an order committing a child to the care of a relative or other fit person under this section may require such relative or other person to execute a bond with or without sureties, to be responsible for the good behaviour of the child and for the observance of such other conditions as the court may impose for securing that the child may lead an honest and industrious life, and may further order that the child be placed under the supervision of a probation officer or other person named by the court.
(3) If the child has a parent or legal guardian, no order shall be made under this section unless— ardi icted i) the parent or legal guardian has been convic ” of. ‘of committed for trial for, the offence or ae been bound over to keep the peace towards the child or cannot be found ; or 472 CHILDREN [1949 : East Pb. Act XXXIy fi urt has reason to believe that , e (ii) = legal guardian has either been Party or ptt to the offence or has by any act or Omisgi,/ facilitated the offence, OF 1S Otherwise Unfit :
have the care of the child: 0 ovided that if the court thinks fit, it may Ons Sent or guardian giving an undertaking with Or Withowt sureties in a prescribed form to the court allow Such chilq ‘0 remain in the custody of such parent or legal Suardian subject to the supervision of a probation off ICEr OF Other person named by the court.
(4) Every order under this section shal] be in Writing and such order may be mace by the court in the absence of the child ; and the consent of any person to undertake the care of the child in pursuance of any guch Order shall be taken in such manner as the court may think sufficient to bind him.
(5) Where an order is made under this Section and iCti inding the person to keep the
(6) The court may instead of ordering the child to be Committed to the le care of a relative or other fit person, order that the child Shall be sent to a Certified school.
- (1) Ifitappearstoa1 Judicial Magistrate duly em- powered under this Act from ! gl ] Information on oath or solemn «Ss ; f who in the opinion of the [Judicial Magistrate jis acting in the j Warrant to search 22 for child ill treated
(a) a child has been Oo or wilfully neglect jurisdiction in a child unnecessary to his health ; or . oa, . ; d r is being wilfully ill-treate ed in any place within the Manner likely to cause, us Suffering or to be injurio | (6) that an Offence punishable under this Act % XLV of 1860, r Chapter ol of the Indian Penal S been or is bein committed in resp¢ the child, the UJ ie € udicial Magistrate] may iss e , 25 of 1964 1Substituted for the words “Magistrate” by Punjab Act No 1949 : East Pb. Act XXXIX.| — cunpren 473 summons in the first j ; or persons in : : Irst instance against the person hid | Se Care, custody or control such Sart * to produce forthwith the said child i lice rion Issue a warrant authorising any child and if it is found eee oe for such . S found that he ha ‘ being wilfully ill-treated or v aletea a man.
has aforesaid or that any offence as aforesaid as 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 - the ‘[Judicial Magistrate], or authorising any police officer to remove the child with or without search, toa place of safety and detain him:
there until he can be brought before the 4 Judicial Magistrate]; and the #[ Judicial Magistrate] before whom the child is brought may commit him to the care of a relative or other fit person in like manner as if the person in whose charge or control he was, had been committed for trial for an offence punishable under this Act:
Provided that if the said child is in the custody or control of a parent or guardian who, being a female does not according to the customs and manners of the country appear in public, the 1 Judicial Magistrate] shall ordinarily issue a Summons and the person to whom such summons 1S issued shall be deemed to have complied with the summons if instead of personally attending 1n court she causes the said child to be produced in court.
(2) A [Judicial Magistrate] issuing a warrant under this section may in his discretion by the same warrant direct that any person accused of any offence in respect of the child be apprehended and brought before him, or direct that_if such person executes a bond with sufficient sureties for his attendance before the 1Judicial Magistrate] at a specified time and thereafter until otherwise directed by the 1[Judical Magistrate] the officer to whom the warrant is directed shall take such security and shall release such person from custody.
(3) The police officer executing the warrant shall be i laying the information if such accompanied. by the person lay! Ee aatgicial ion strate] person so desires, and may a!so, J, by whom the warrant is issued, SO irects, be accompanied by a duly qualified medical practitioner. —ea Substituted for the word ‘‘Magistrate” by Punjab Act No. 25 atl Compensation for alse and frivolous or vexatious information.
474 cmmepreN — [1949 = East Pb. Age XXX ‘N t under th; ny information or warrant iS sec the Oe of the child shall be given if known, “tig, in any case in which an informat been laid - any persen under the last precedj the magistrate, after such enquiry as he may de sary, is of opinion that such information was either frivolous or vexatious the magistrate reasons to be recorded in writing direct that compensation to such an amount not exceeding one hundred TUpzes 9¢ 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 com, pensation, the magistrate shall call upon the informer Show cause why he should not pay compensation and shal consider any cause which such informer may show.
(3) The magistrate shall by the order dir-cting pay- ment of the compensation further order that in default of payment the person ordered to pay such com 1 ord Compensation Shall suffer simple imprisonment for a period of thirty days.
lon h a ng SCCtign em N€Ceg, false and may fo,
(4) When any person section (3) the provisions of s Penal Code, 1860, shall, so is imprisoned under subections 68 and 69 of the Indian | far as may be, apply. ih i
(5) No person who has pensation under this section s be exempted from any civil o of the information given by compensation shall be take quent civil suits relating t been directed to pay comhall by reason of such order t criminal liability in respect him, but any amount paid as N into account in any subse Oo such matter.
been ordered to pay comeS may appeal from the order as if such informer had been convicted on a trial ti e directing the payment of compens#- ion. f &r tor the payment of compensatie” ubject to appeal under SU section (6) the compensation 1949 : East Pb. Act XXXIX.] cutppen
PART Iv.
475 YOUTHFUL OFFENDERS.
24. Where a person appar i ently under thea ix- Bail of childre teen years 1s arrested on ac’ a-se of 3 non-bailabie o- six: ai! of children and canno b> brough: f-rthwith bef officer-in-charge of the police station fs hi : court, the with death or transportation, release him on bail if suffi- cient security is forthcoming unless for reason : As | Ss to be re- corded in writing the officer believes that such release would bring him into association with any reputed criminal
Provided that when any girl apparently under the age of sixteen years is arrested the officer-in-charge of a police station who has made the arrest or before whom the girl is produced shall release her at once if any person who in his opinion is a sufficient surety enters into a bond for such sum of money as the officer considers sufficient to produce her before the court and to appear in her stead if-required at the police station.
25. Where a person apparently under the age of six- Oe ake teen years having been arrested is not released under the _bailafter arrest.
preceding section or otherwise, the officer-in-charge of the Police station shall cause him to be detained in the prescribed manner until he can be brought before a court.