Chapter VI SPECIAL OFFENCES IN RESPECT OF CHILDREN

(1) Whoever having the custody, charge, or care of any child willfully assaults, ill-treats, neglects, abandons or exposes the child or causes him to be assaulted, ill-treated, neglected, abandoned or exposed in a manner likely to cause such child unnecessary mental or physical suffering shall, on conviction, be punished with imprisonment for a term which may extend to two years or with fine which may extend to one thousand rupees, or with both: (2) The infliction of a reasonable punishment on a child for proper reason shall not be deemed to be an offence under this section.

If any person while having the physical custody of a child under the age of seven years is found drunk in any public street or other public place, whether a building or not and if such person is incapable by reason of his drunkeness, of taking due care of the child, such person shall, on conviction, be punished with imprisonment which may extend to three months or with fine which may extend to two hundred rupees or with both.

Whoever gives or causes to be given to any child any intoxicating liquor or dangerous drug except under a prescription in writing of a Registered Medical Practitioner, or in case of sickness or other urgent cause, shall, on conviction, be punished with imprisonment which may extend to three months or with fine which may extend to two hundred rupees or with both.

(1) Any police officer may, seize any beedies, cigarettes, tobacco, or smoking mixture in the possession of a child whom he finds smoking in any street or public place and any beedies, cigarettes, tobacco or smoking mixture so seized be disposed of in such manner as may be prescribed. (2) Any police officer finding a child smoking or in possession of any beedies, cigarettes, tobacco or smoking mixture in any street or public place shall see that information of the fact is given to the parent or guardian of the child.

Whoever takes a child to any place where intoxicating liquor or dangerous drug is sold or whoever being the proprietor, owner or a person incharge of such place, permits a child to enter such place or whoever causes or procures a child to go to such place shall, on conviction, be punished with fine which may extend to two hundred rupees.

Whoever by words either spoken or written or by signs, or other-wise, incites or attempts to incite a child to make any bet or wage or to enter into or take any share or interest in any betting or wagering transaction or to borrow money or to enter into any transaction involving the borrowing of money, shall, on conviction be punished with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees, or with both.

Whoever allows or permits a child over the age of four years to reside in or to frequent a brothel, shall, on conviction be punished with imprisonment for a term, which may extend to two years or with fine, which may extend to one thousand rupees, or with both.

(1) Whoever procures a child without the consent of the parent or guardian, ostensibly for the purposes of menial or other employment and withholds the earnings of the child or uses such earnings for his own purposes, shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine, which may extend to one thousand rupees or with both. (2) Any person who avails himself of the labour of a child exploited in the manner referred to in sub-section (1) shall be liable as an abetter.

Any person, who causes or procures a child or being his parent or guardian allows him to take part in any public performance in which life or limbs are endangered, shall, on convicition, be punished with fine, which may extend to one hundred rupees and in the case of a second or subsequent offence, be punished with fine which may extend to three hundred rupees: Provided that no proceedings shall be taken under this section without the sanction of the Commissioner of Police in the cities of Hyderabad, and of the District Collector elsewhere.

Whoever – (a) Knowingly assists or induces, directly or indirectly a child or juvenile offender detained in a children’s home, certified school or fit person institution to escape from such home, school or institution or any child to escape from the custody of the person to whose care he has been committed under the provisions of this Act; or (b) Knowingly harbours, conceals, or prevents from returning to such home, school or institution or to any person with whom he is placed out on licence or to whose care he is committed under this Act, a child or juvenile offender who has so escaped or knowingly assists in so doing, shall on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both.

Whoever publishes any report or picture in contravention of the provisions of section 23 shall on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both.

Where any police officer not below the rank of a sub-inspector or any other officer authorised in this behalf in the prescribed manner has reasonable ground to believe that an offence under this Act or under the Suppression of Immoral Traffic in Woman and Girls Act, 1956 has been committed or is likely to be committed in respect of any child, he may take such child to a place of safety to be detained therein and shall produce such child before a competent authority within a period of twenty-four hours of such detention, excluding the time necessary for the journey from the place of detention to the competent authority and no such child shall be detained in a place of safety beyond the said period without the authority of the competent authority. (2) If it appears to a competent authority from information given by any person on oath or solemn affirmation that an offence as stated in sub-section (1) has been or is being committed or, unless immediate steps are taken, will be committed in respect of any child, the competent authority may issue a warrant authorising any police officer to search for such child and to take him to a place of safety to be detained therein or until he can be brought before it. (3) Where any child is brought before a competent authority under sub-section (1) or sub-section (2), if the competent authority is satisfied that an offence as stated in sub-section (1) has been committed or is likely to be committed in respect of such child, the competent authority may, by order,- (a) commit the child to a children’s home, or (b) commit the child to the care of any fit person, whether a relative or not, who is willing to undertake the care of him, or (c) direct his parent or guardian to enter a recognisance to exercise proper care and guardianship for such time as the competent authority deems fit but in no case beyond the time when the child completes the age of sixteen years in the case of a boy or eighteen years in the case of a girl. (4) The competent authority passing an order under clause (b) or clause (c) of sub-section (3), may, in addition, order the child to be placed under supervision: Provided that if, on receiving a report from the probation officer or otherwise, it appears to the competent authority that the fit person, parent or guardian to whose care the child has been committed, has failed to exercise proper care or guardianship it may after such enquiry as it deems fit order the child to be detained in a children’s home. (1) of any child, he may take such child to a place of safety to be detained therein and shall produce such child before a competent authority within a period of twenty-four hours of such detention, excluding the time necessary for the journey from the place of detention to the competent authority and no such child shall be detained in a place of safety beyond the said period without the authority of the competent authority. (2) If it appears to a competent authority from information given by any person on oath or solemn affirmation that an offence as stated in sub-section (1) has been or is being committed or, unless immediate steps are taken, will be committed in respect of any child, the competent authority may issue a warrant authorising any police officer to search for such child and to take him to a place of safety to be detained therein or until he can be brought before it. (3) Where any child is brought before a competent authority under sub-section (1) or sub-section (2), if the competent authority is satisfied that an offence as stated in sub-section (1) has been committed or is likely to be committed in respect of such child, the competent authority may, by order,- (a) commit the child to a children’s home, or (b) commit the child to the care of any fit person, whether a relative or not, who is willing to undertake the care of him, or (c) direct his parent or guardian to enter a recognisance to exercise proper care and guardianship for such time as the competent authority deems fit but in no case beyond the time when the child completes the age of sixteen years in the case of a boy or eighteen years in the case of a girl. (4) The competent authority passing an order under clause (b) or clause (c) of sub-section (3), may, in addition, order the child to be placed under supervision: Provided that if, on receiving a report from the probation officer or otherwise, it appears to the competent authority that the fit person, parent or guardian to whose care the child has been committed, has failed to exercise proper care or guardianship it may after such enquiry as it deems fit order the child to be detained in a children’s home.

Any court, by which a person is convicted of having committed in respect of a child, an offence mentioned in sub-section (1) of section 58, or before which a person is brought for trial for any such offence or by which a person is bound over to keep peace on account of his committing as offence in respect of a child, may direct that the child be produced before a competent authority for making such order as may be proper under sub-section (3) of section 58.

(1) Whoever employs or uses any child for the purposes of begging or causes any child to beg shall be punished with imprisonment for a term which may extend to one year or with fine or with both. (2) Whoever, having the actual charge of, or control over, a child, abets the commission of the offence punishable under sub-section (1), shall be punished with imprisonment for a term which may extend to one year or with fine, or with both.

All offences under this chapter shall be cognizable.