(1) Where it appears to the State 'Gomemmentxrthat any rchild kept in an institution or iii: :the care of a_fit epexson under any order of aeeurt is a leper or is suffering from eaudieease whieh-‘is z'decla'ted by the State Government in the mmher p—itescnibed cmagiemwéhemeinafte; called contagious disease), the §§tale«iGevemment.tm‘ay, by :39 order setting forth the grounds of heiiei‘ that the child is .a leper or is suffering from a contagious diaease, order his removalto‘a leper asylum or other place of safe custody, to ?be- kept and treated as the State Govetemefit directs dusing the'rc‘mainder ~01 the term for Which he has been ordered to he kept or, if on- the expiration of that term it is certified by a medical office: that it is necessary for ‘the safety of 'the child or of others that he should be further kept unfler-I‘medical care for treatment, then until he is discharged according to law.
(2) Where 'it appears to the State Government that the child kept in ‘an institution or in the Care of a-fit person untim— ‘any order of court is of unsoundwmind, the State vGovemmenthay, by an some: setting forth the grounds of helief-thatithe'chfi‘dis ofunsound mind, order his removal to‘axmental he-spitai er tether ptace of "safety to be kept and treated as the State Government directs during the remainder of the term for which he has been Qtdered~to=be kept or, if on the expiration of that term it is certified by amedieaP-offieer that it is necessary for the safety of the child or ofvother Seasons that he should be further kept under medical care or treatment, then until he is discharged according to law:
(3) Where it appears to the State Governmentthat the child has become of sound mind, or is cured of tepxosy,.or ofith‘e cemagious disease, the State Go'vemment shah, by an order, ditect the person having charged of the child if still liable to :be kept- in custody to send him to the institution or fit person from wherehe'was removed, or if the -chi1-d .is no longer liable to be kept in custody, order him to 2be discharged. ‘
(4) The provision of section 31 of the Indian lunacy Act, 1912, and section 14 of the Lezers Act, 1893 as the case may he, shall apply to every child confined in a mental hospital or a leper asylum under .sub-section (1.) or (2), and the time during which a child is ceu‘fined in a mental hospitat or a ieper asylum under that sub-section shall be recorded as part of the period for which he may have been ordered by the court to be kept; _
Provided that where the removal of a child due to unsoundness 0f mind or leprosy is immediately necessary. it ~rsha11 be Opened to the autherities of the institutian in Which thechild ~is~kepttoapp1y to ,a xcourt having jurisdiCtion under the .Indian :Lunacy- Act, 1912, orthe .Lepers Act, 1898, as the case may- be, for 'an immediate ionic:
ofeommitalto mental hospitalvor a leper asylumras the-zcase'anay-bc until such times the orders of the State Goyemment can be ebtained in thc Ina‘tm.
Transfer of children of unsound mind or s'u'-‘ ffering froi leprosy and other con= tagious diseases;
PART . v11 POWERS AND FUNCTIONS OF GOURTS HAVING JURISDICTION UNDER THIS ACT Juvenile Courts. 54. (3) Notwithstanding anything contained in the Code of m: Criminal Procedure, 1973 (1 of 1974), the State Government may, by notification in the Official Gazette, constitute for any area specified in the notification, one or more juveni 1e courts for exercising the powers and dischazging the duties conferred or imposed on such court in relation to children under- this Act.
(2) Every juvenile court shall consist :—
(i) a Judicial Magistrate of the 1st Class to be appointed by the Government as Presiding Oflicer ; and
(ii) two social wcrkers one of whom may be a woman.
NOTE: For the purgose of clause (ii) above a penal of socialworkers is to be maintained by State Government.
POW“? 9f 55. Save as otherwise provided in this Act.
Juvenile C05“ and (1) Where a juvenile court has been established for any local other Courts. area such ceurt shall deal with all cases in which a child is charged with the infringement of law and shall deal with and dispose of all other proceedings under this Act, but shall not have power to tryhany case in which an adult is charged with an offence under Part .111, and ' -
(2) Where a Juvenile court has not been established for any local a‘fea, no court other than courts empowered under section 54 to exercise the pOWers of the juvenile court shall have power to deal with any case in which a child is charged with an infringement of law or to deal with or dispose of any other proceedings under this Act.
Procedure 56. (1) When a magistrate not empowered to exercise the powers whena magi- of a cohrt nnder this Act IS of the opinion mat .a child brought swat: is um before him is a proper person to be sent to a spemal school or to empowered be and the dealt with in any other manner in which the case may be dealt to(19355 351 with under this Act) he shall record such opinion and forward the 8&5??? 6‘ child record of the proceeiing to the nearest juvenile court havmg jurisdiction in the case or to the nearest magistrate empowered to exercise the powers of a court under this Act.
(2) The court or the Magistrate _to whom the proceedings are so submitted may make such further inquiry, if any, as the court of magistrate may think fit and may pass such orders as the court or magistrate might have passed if the child had originally been brought before or tried by him. , N0 joint 57. (1) Notwithstanding anything contained in section 223 of trial of child the Code of Crimina. Procedure, 1973 (2 of 1974) or any other; law and adult in for the time being in forcew no child shall be charged with or tried ?’“5.Whem for any offence togetiner Wifh an adult, if a juvenile court has been giggle com established for the ana where the trial of such case is to take place.
(2) If a child is. accused of an ofi‘ence for which under section 223 of the Code of (,‘riminal Procedure, 1973 (2 of 1974), or any other law for the timt. being in force, such child and the adult could, but for the provision of sub-section (1), have been tried together the court taking cogn zance of the offence shah direcfi separate trials of the child and the adult.
58. Save as provided in this Act, no person shall be present at any sitting of a juvenile court except.
(a) the members and the ofiicers of the court;
(b) the parties to the case before the court and other persons directly concerned in the case including the police ofiicers in plain uniform ; and
(c) such other persons as the court speciafly authorises to be present.
59. If at any stage during the course of a trial of a case or proceedings, a juvenile court conSiders it expedient in the interest of the child to direct any person including the parent, guardian or the spoese of the child himself to Withdraw, the court shall be entitled to give such direction and thereupon such person shall withdrawfiilf any person refuses to withdraw the court may take steps to remove him.
60. If at any stage during the course of the trial of a case or proceeding, the court is satisfied thatthe attendance of a child is not essential for the purposes of the hearing o=" the ease or proceeding the court may dispense With his attendance and proceed with the trial of .
the case in the absence of the child.
61. Notwithstanding anything contained in any law for the time being in force, a legal practitioner shall not he entitled to appear in any case or proceeding before a juvenile court, in cases of neglected children. Legal practitioner may hOWevei' appear before the juvenile court in cases of delinquent children in view of the provision under Article 2101" the Constitution of India.
.62. . For the purposes of any order which a court has to pass under this Act, the court shall have regard to the following factors:-—
(a) the age of the child;
(b) the circumstances in which the child is living;
(0) the reports made by tho Probation Officer;
(d) the religious persuasion of the child ;and
(e) snch. other matters as may, in the opinion of the court require. to be taken into consideration in the interest of the child. ‘
Provided that where a delinquent child is fo-md to have infringed the law, the above factors shall be taken into consideration after the court has recorded a finding that he has infringed the law.
Presence of pm: in juvenile courts.
Withdrawal of persons fromjuvenile courts.
Dispensin g with attendance of child.
Appearance of legal practioners befOIc juvenile courts.
Facto rs to be taken into consideration in passing orders by" courts.
Minimum age for committal to institutions.
Principles to be: obsezved-s by couxt‘s,,lm dealingtwithy chiltlrenancL delinquent;
Prohibition of publication of name: etc., of children involved‘m any’Procee;
ding under:
this act;
Reporters?
Probation~ Oflicerrand?
other reports to be treated confidential.
Prelumptimn and detexmiq nna'on ofage.
Provision as to rehgion.
PART VIII GENERAL AND MI-SCiELLANEQUS
63. Acourt shall: not order the chiid or delinquent child under the age of‘ ten years tote sent toan institution unless for any reason, inci 1ding the want of a fit person of his owu religions persuasion why: is willing to undertake the care of him, is satisfied that he cannot be«:;ealt with otherwise.
64. Every court in dealing with achild who is brought before it, either as needing care or as’ a delinquent or otherwise shall have regard to :h'evwelfare of the chiid- and shall in a proper case take steps for removing him from m'zdesirab‘le suzroundings and for securing that proper. provision is made t'or his education‘and training.
65-. (i) No report: in any neW-Spaper, magazine or news sheet of any enquiry regarding a chiid under this Act shall disclose the name, address or school or any other particulars calculated to lead to the identification. of the child, nor shall any picture of any such child be pub‘iished‘:
Profidedt-hat for reasons in be ,recorded in writing the authority -holx;iingtheinqmry may permit such disclosure, if in its opinion such diseiosure is in the interest of the child.
(2y Any person contravenlng the provisions of sub-section (1)‘shal] be punishablewith. fine whichmay extend to one: thonsanchupees.
66‘. Ihereport of Trohaticn Ofiicers or any other reports consideredtby thC.COll1‘t.UndeI-S€Ct§()’fl 63 shall- be treated as confidential:
Provided that the competent authority may, if it so thinks fit, communicate the substance thereof to the child or parent or guardian andam opportunity cf producing-such evdence as may be relevant to the matterstated inlth'emepeg‘t shall be given. ‘