(1) Notwithstanding anything to the contrary contained in any law, no court shall sentence a child to death or transportation or imotisonment, for any. term or commit him to prison in default of (payment of fine :
‘Provided that where a chiid who‘ has attained the age of tiourteen years has committed 'an offence and the Juvenile court is satisfied that the offence committed is of so serious at nature or that his conduct and behaviour have been such that it would not be: inmhis interest or in ‘the interest of other children in a special ”school ‘to send him to such Special school and that none of the other measures provided under this Act is suitable or sufficient, the children’s ' court may order the delinquent child to be kept in safe custody in such, place and manner as it thinks fit and shall report the case for the orders of the State Government.
(2): On receipt of a report from a children’s court under subsection (1);»thev-State Government may make such arrangement in Remand or committal to custody.
Information to parent or guardian or probation officer.
Attendance in court of parent ‘ of chiid.
S enience that may not”'be passed on child.
16 reapect of the child as he deems proper and may order such delin quent child to beadetained at such place and on such conditio:
as it thinks fit: , 2
Provided that the period of detention so ordered- shall not exceei the maximum period of imprisonment to which the child could has“ No procw been sentenced for the offence committed. , ding under 39. Notwithstanding anything contained in the Code of Crimin Chapter VI‘I Procedure, 1973 ( 2 of 1974)‘no proceedings shall be instituted andfi g? @3193 order shall be passed against a chiid under Chapter VIII of t ‘ Procedure, said Code. . ' 1973 (2 of ' 1974) against achild.
, Orders that 40. (1) NotWithstanding anything to the contrary contained 1 may not be ‘ any other law for the time being in force, no delinquent child passed against be sentence to death or imprisonment, or committed to prison '2 dennquent default of payment of fine or in default of furnishing security : , chil .
dren Ptovided that wherea child who has attained the age of fourte years has committed an offence and the juvenile court is satisfied th the ofi'ence committed is of so serious a nature or that his condu and behaviour have been such that it would not be in his interest ’ in the interest of other children in a special school to send him to sue special schOol and that'none of the measures provided under this Aw?
is suitable or sufficient, the juvenile court may order the delinque‘l child to be kept in safe custody in such place and manner as it think fit and shall report the case for the orders of the State Government.
(2) On receipt of the report from a juvenile court under 311 section (1), the State Government may make such arrangement i;
reSpect of the child as he deems proper and may order such delinque ;
child to be detained at such place and on such conditions as it thinks fit”?
Provided that the petiod of detention so . ordered shall not exceec the maximum period Of 1mprisonment-to which the child could haw;
sentenced for- the ofi'ence committed.
Orders that 41. (1) Where a juvenile court is satisfied on inquiry that a chili, 3334310535 r_ has committed an ofi'ence, then, notwithstanding anything to the contra ding (Mg? contained in any other- law for the time being in force, the juvenils quem ch11. court may, if it so thinks fit. ’ a .
m (a) allow the child to go home after advice or admonition;
(b) direct the child to be released on probation of good condu and placed under- the care of any parent, guardian or othe fit person on such parent, guardian or other fit person executin f a bond, with or without surety as that court may requir;
for the good behaviour and well being of the child for an period not exceeding three years;
to) make an order directing the child to be sent to a special school
(i) in the case of a child over fourteen years of age, fo a period of not less than three years ; ' ’g
(ii) in the came of any other child, for a periOd until h ceases to be a chlld : :
Provided that the juvenile court may, if it is satisfied that havin togard to the nature of the offence and the circumstances of the o;
it is expedient so to do, for lcaSons to be recorded, reduce the pen:
of stay to such pmod as it thinks fit.
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Provided further that the juvenile court may, for reasons to be recorded, extend the period of. such stay, but in no‘ case the perioj of stay shall extend beyond the time when the child attains the age of nineteen years ; ~
(d) order the child to pay a fine if he is over fourteen years of age and earns money. '
(2) Where an order under clause (b) or (d) of sub-Section (‘1) is made, thejuvenile court may, if it is of opinion that in the' interest of the child and of the public it is expedient so to do, in addition, make an order that the delinquent child shall remain under the supervision of a probation officer named in the order during such period not exceeding three years; ’as-' may be‘ specified therein, and may in such supervision order impose such conditions as it deems necessary for the due superVISion o£ thez-delinquent child :
Provided that if at any time afterward'sit appears to the juvenile 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 it deems tit, order the delinquent child to/be. sent to a special school.
(3) The juvenile court making a supervision order under subsection (2) shall explain 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 oificer. '
(4) In determining the special school, or any petSon to whose custody a child is to be committed on entrusted under this Act, the court shall pay due regard: to: the religious denomination of the child to ensure that religious instruction contrary to the religious persuation of the child is not imparted to him.
42. Notwithstanding anything contained in any other law, a child who has committed an offence and has been dealt with under the. provisions of- this .- Act shall: not suffen disqualification, if any, attaching to a conviction of an ofl‘ence under such law.
43. Notwithstanding: anything contained: in, this Act, ceedings in respect'of‘ a child pending in, any court in any area on the date On which this. Act .comes into: force in that area, shall be continued in that court as if this Act" had not been passed and if the court finds that the child has, committed» an ofi'ence, it shall record such finding and, instead of passing any sentence in respect of the'child; forward: the.- chil'dvvto: the juvenile court Which shall pass orderstin respect of that. child; lini'aecordance with the provisions of this Act as if it had beenasatisfied 0n" inquiry under this Act that the child has committedithe ofi‘enca.
44. Any persona under Whose supervision a child or delinquent child has been placed by an order of a court under the provisions of' Part II and III of this Act shall, subject to rules made in this behalf; have so far as it'may be possible, the same duties as Probation Ofiicer under the proceeding section.
all pro— ‘ Removal of disqualification attaching to conviction.
Forwarding 91' child to chenile court without passing any sentence.
Special provision in respect of pending cases.
Death or inmpacity of probation officer or other person.
Period of detention.
Contribution of parent.
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45. Where the Probation Officer or other person named in an order of a court under the provisions of Part 11 and Part III of this Act placing a child or delinquent child under supervision, has died or is unable for any reason to carry out his duties, or where it is made to appear that it is’ desirable that another person should be appointed in the place of that office: or person, the court may appoint another Probation Officer or person to act in his place.
PART VI MAINTENANCE AND TREATMENT OF PERSONS SENT TO INSTITUTIONS UNDER THE ACT
46. The period for which a child ,or delinquent child is to be detained in an institution shall be specified in the order in pursuance of which he is sent there and such period shall not be less than two years in the case of .a delinquent child who at the time of the order is over fifteen years and three years in the case of any other delinquent children as the court may deem proper for his teaching _ and training but not in any case extending beyond the time ,when he will in the opinion of the court attain the age of twenty years.
47. The court which makes an order for the detention of a child or delinquent child in an institution under this Act or for the committal of a child or delinquent child to the case of a relative or other fit person, may make an order to the parent or such other personliable to_ maintain the child or delinquent child for making or giving contribution to his maintenance if able to do so in the prescribed manner.
(2) The court before making any order under sub-section (1) shall enquireinto the circumstances of the parent or other person liable to maintain the child or delinquent child and shall record the evidence, if any, in the presence of‘ the parent or such other person, as the case may be, or when his personal attendance is dispensed with in the presence of his counsel.
(3) An order made under this section may be varied by the court from time to time.
(4) The persons liable to maintain a child or delinquent child shall for the purposes of snb-section (1) include any person in Whose keeping the mother of the child or delinquent child is at the time when any order as aforesaid is made Whether he is his putative father or not and in the case of illegitimate, child his putative father:
Provided that where the child or delinquent child is illegitimate and an order for his maintenance has been made under section3125 and 126 of the Code of Criminal Procedure, 1973 (2 of 1974) the court shall not ordinarily make an order for contribution against the putative father, but may order the whole oar any part of the payments aeeuring due under the said order for maintenance to be paid to such person or persons as may be named by the court and such sum shall be lgaid by him, towards the maintenance of the child or the delinquent chi .
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(5) Where aparent or other person has been ordered under this section to contribute to the maintenance of a child or delinquent child he shall give notice of any change of address to the court which passed the order and if he fails to do so without reasonable excuse he shall be punishable with a fine which may extend to twentyfive rupees.
(6) An order under this section may be enforced in the same manner as an order under sections 125 and 126 of the Code of Criminal Procedure, 1973 (2 of 1974).
(7) A child including delinquent child in remuneration [or pOSSessing property yielding income shall pay such proportion of his earnings as may be ordered by the State Government towards his maintenance.