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Section 31

The Haryana Children Act, 1974 (14 of 1974)State Act of Haryana · Act 14 of 1974

(1) Where it appears to a competent authority that a person brought before it under any of the provisions of this Act (otherwise than for the purpose of giving evidence) is a child, the competent authority shall make due inquiry as to the age of that person and for that purpose shall take such evidence as may be necessary and shall record a finding whether the person is a child or not, stating his age as nearly as may be.

(2) No order of a competent authority shall be deemed to have become invalid merely by any subsequent proof that the person in respect of whom the order has been made is not a child, and the age recorded by the competent authority to be the age of the person so brought before it shall, for the purposes of this Act, be deemed to be the true age of that person.

32. In making any order in respect of a child under this Act, a competent authority shall take into consideration the following circumstances, namely :—

(a) the age of the child ;

(b) the circumstances in which the child is living;

(c) the reports made by the probation officer ;

(d) the religious persuasion of the child ;

(e) such other circumstances as may, in the opinion of the competent authority, should be taken into consideration in the interest of the child :

Provided that in the case of a child accused of an offence, the above circumstances shall be taken into consideration after the children's court has recorded a finding that he has committed the offence :

Provided further that if no report of the probation officer is received within ten weeks of his being informed under section 18, it shall be open to the children's court to proceed without it.

33. Tn the case of a neglected or delinquent child whose ordinary place of residence lies outside the jurisdiction of the competent authority before which he is brought, the competent authority may, if satisfied after due inquiry that it, is expedient so to do, send the child back to a relative or other , person who is fit and willing to receive him at his ordinary place of residence and exercise proper care and control over him, notwithstanding that such place of residence is outside the jurisdiction of the competent authority;

and the competent authority exercising jurisdiction over the place to which the child is sent shall in respect of any matter arising subsequently have the HARYANA GOVT GAZ. (EXTRA.), FEBRUARY 12, 1974 151 (MAGI -LA 7.3, 1895 SAKA) same powers in relation to the child as if the original order had been passed by itself.

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34. The report of the probation officer or any circumstance considered LeI a' s—cloV icre'diar by the competent authority under section 32 shall be treated as confidential:

Provided that the competent authority may, if it so thinks fit, communicate the substance thereof to the child or his parent or guardian and may give such person an opportunity of producing such evidence as may be relevi nt to the matter stated in the report.

Where this provision sits

ActThe Haryana Children Act, 1974 (14 of 1974)
Section31
JurisdictionState of Haryana
StatusIn force as published by the source

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