(1) Where any person having the actual charge of or control over a child has been:—- .
(a) convicted of committing in respect of such child an ofi‘ence punishable under this Act or under Chapter XVI of the Indian Penal Code, 1860, or '
(b) committed“ for trial for any such offence; or
(c) bound over to keep the peace towards such child by any court, that Court may either at the time when the person is so convicted or committed for trial on 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 eighteen years or for 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 amend, 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 in addition orderthat the child be placed under the supervision of person named by the court.
(3) If the child has a parent or legal guardian no. order shall be made under this section unless. _
(i) the parent or legal guardian has been convicted of oncommitteci for trial for the iofi‘ence or has been bound over to keep the peace towards the child 011 cannot be found, or,‘ Disposal of child by order of Court.
Warrant to wch for child iil-trea- Id.
10 2 (1‘1)- the court has reason to believe that the parent or legal guardiani has either been party or privy to the ci‘fence or has by any actor ormssxon faczhtrized the ofl‘ence or is otherwise unfit :to have the care of the child.
Provided that if» the court thinks. fit, it may, ()1 vxhere such parent 0 n .grtlzt'diangives an undertaking with 0: without snreties iu aprescribed.
foam to the court allow such chiid to remain in the custody of sug:
patent or..guatdian subject to the supervision of a person namedhyj thecourt. ‘
(4) Every order under this section shall *be-in writing and an f snehaqrderr may be made by thecourt in the absence of the child an theconsent o’i-any person to, undertake. the care of the child in. pnrsuanc. I ofaany such order .shall be. taken insuchmanner as the Court ma" think sufficient to bindehim. ’ ’ '
(i) Whereaa order is made under this section and the convictio f_ ‘or‘ order binding-the ‘pexson to keen the peace is set aside or th' person is acquitted, the order shall fozthwith be void except withregar ., itgaanythipg thatmay .have been tlawt'ulty done under it.
(6) The court, instead of ordering the child to be committed t thecare of avrelative or other person. may orderthat .the child sham?
bfimt-to- a special school or Children’s home. .
23. (I) If it appears to a magistrate duly empowered under thiai Act from information ,.on oath onsolemu affirmation laid by any perso *1 who in the opinion of the magistrate is aetiug in the interest of a Child;
‘tfi’at’there‘is reasonable cause to suspect that— ' .(a) the child has..been or is. being wilfully ill-treated 0r neglected in;
any place within its jurisdiction in amannerlikely to cause?
thevchiid unnecessary suffering or to be injurious 'to his.
health; or ' (b) an offence punishable under this" Act or under Chapter XVI Of'the Indian Penal Code, 1860, has been 03' is being committed in -respect Of thechild ;
‘the Magistrate may issue asnmmon‘ in: the first instance against the;
perenn' or-petsens in whose care, custody m- contro‘. such child is,§:
‘tQ;producet forthwith the said Child in court, or may is-aue awarrang;
-anthorizin3_anyz Police Ofiicei‘ named, therein to search for such .chil .aad-mif it, is found that he’ has been or is being wilfully i!’-trea~te =02}, neglected in themanner aforesaid or that any offence as aforesai nhasbeen eris being committed in respect of the child to take hi1;
deal and. .idetain him in a place of safety until he can he brough befiare the-mfigistrate, or authorizing any: Police Officer to remove th, child with or without search, to a place of safety and detain hithere until he can be brought before the magistrate anti the magistrat ‘ tfe’fbrefiyh'om' the“ ewe. is? brought may cemmit him to the care 0 1 a relative or other fit person, in likemanner, as if, the person. in ths f_ M3931- contmlhewas, committedfor trial for an ofience punishabl 'r nudenthisrAet ;
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Provided that if the said child is in the custac’y or control“ of a parent or guardian who being a, female does not accordiag’toa-the custom and manner of the country appear in pubhc, the magistrate shall ordinarily issue a summon and the person to whom such summon is issued shaii be deemed to have compiied with the summons if instead of personaHy attending in, court the causes the said child to be produced in court.
(2) A 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 any child be apprehended and brought before him, or direct that, if such person executes a bond With sufiicient sureties for his attendance before the magistrate 'at a specified time and thereafter until otherwise directed by the magistrate, the oflicer to-whom the warrant is directed shall take such security and shall release such person from custody.
(3) The Police Officer executing the warrant shail be accompanied by the person laying the infurmation if such person so desires, and may also, if the magistrate by whom the warrant is iSsued so» directs, be accompanied by a duty qualified medical practitioner.
(4) Inany information or warrant under this sectidn the name of the child shall be given if known.
24.- (i) If .in any case in which a complaint has been ma'de'b‘y any person under section 23 the magistrate after such ifiquiryas he deems necessazy is of oginion tint su'ch information was false and either frivolous or vexatious, may for reasons to be recpxjded in writing direct that Compensationftor such an amount not exceeding five hundred rupees: as he may degermine be paid by such‘informcl to the person against whom the information was laid.
(2) Before ittaking any order for the payment of compensation, the magistrate shah cali upon the informer to show cause why he shd-xfldnot pay compensation and shall consider any cause Which 1"such informer may show.
(3) The magistrate may by the order directing payment of the compensation fzuther order that in default of payment the person ordered! to pay such compensation shall suffer simple imprisonment for a period of thirty days.
(4) When any person is imprisoned under sub-section (3) the provisions of sections £8 and 69 of the Indian Penal Code, 1860, shall, so far as may be, apply. ' »
(5) No person who has been directed to pay compensation under this section shall by vitiuc of such order be exempted from any civil or criminal liability in respeCt of the information given by him but any amount paid as compensation shalt be taken into account in any subsequent civil suit relating to suCh matter
(6) An informer who has been ordered to pay compensation exceeding fii‘ty rupees may appeal from the order as of such informer had been convicted on a trial held by the magistrate directing the payment of compensation.
Compcma - tion for false and frivolous or vexatiows in formation.
Special Schooi.
Children’s home.
Remand Homes.
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(7) When an order for the payment of compensation is made in a case Which is a subject to appeal under sub—section (6) the compensation shall not be paid to the person ordered to receive it before the period allowed for the presentation of the appeal has elapsed or if an appeal is presented before the appeai has been decided and where such order is made in a case which is not subject to appeal the compensation shall not be paid before the expiration of one month from the date of the order.
PART IV CHILDREN’S HOME REMAND HOMES, SPECIAL SCHOOLS AND OTHER INSTITUTIONS