Chapter VII JUVENILE OFFENDERS

(1) Where person who is apparently a child, is arrested or detained or appears or is brought before a juvenile court, on a charge of a bailable or non-bailable offence, such person shall, notwithstanding anything in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), or in any other law for the time being in force, be released on bail with or without sureties, but he shall not be so released if there are reasonable grounds for believing that the release is likely to bring him into association with any notorious criminal or expose him to moral danger or where his release would defeat the ends of justice. (2) When such person having been arrested is not released on bail under sub-section (1), the officer-in-charge of the police station shall keep the child arrested by him in a place of a safety, not being a police station and shall produce him before the juvenile court or the nearest magistrate within a period of twenty-four hours of his arrest, excluding the time necessary for the journey from the place of arrest to the court or the magistrate. (3) Where such person is not released on bail under sub-section (1) by the juvenile court, it shall instead of committing him to prison, make an order sending him to an observation home for such period during the pendency of the enquiry regarding him as may be specified in the order.

Where a child is arrested, the officer-in-charge of the police station to which the child is brought shall, as soon as may be, after the arrest inform – (a) the parent or guardian of the child, if he can be found on such arrest and direct him to be present at the juvenile court before which the child will appear; and (b) the probation officer and the officer-in-charge of an observation home, of such arrest in order to enable the probation officer and the officer-in-charge of the observation home to proceed forthwith to obtain information regarding the antecedents and family history of the child and other material circumstances likely to assist the competent court in making the inquiry regarding the child.

Where a child having been charged with an offence appears or is produced before a juvenile court, the court shall hold the inquiry in accordance with the provisions of section 12.

(1) Where a juvenile court is satisfied on inquiry that a child has committed an offence, the juvenile court, may, notwithstanding anything to the contrary in any other law for the time being in force, and if it thinks fit- (a) allow the child to go home after advise or admonition; (b) direct that child to be released on probation of good conduct and placed under the care of its parent or guardian or other person executing such bond, with or without sureties, as the juvenile court may require, to be responsible for the good behaviour and well being of the juvenile offender for any period not exceeding three years: Provided that the juvenile court may, in the case of a juvenile offender in respect of whom an order under clause (b) is made, make a further order that the juvenile offender shall remain under the supervision of a probation officer named in such order during such period not exceeding three years as may be specified therein: Provided further that if at any time afterwards it appears to the juvenile court on receiving a report from the probation officer or otherwise that the juvenile offender has not been of good behaviour during the period of supervision it may after such inquiry as it thinks fit order the juvenile offender to be sent to a certified school: (c) make an order directing the child to be sent to certified school,- (i) in the case of a boy over fifteen years of age or a girl over seventeen years of age for a period of one year. (ii) in the case of any other child, for a period of not less than two years but not in any case extending beyond the period when the child will, in the opinion of the court, complete the age of sixteen years in the case of a boy or eighteen years in the case of a girl. (2) (a) Where the offence committed by the juvenile offender is punishable with fine and the juvenile court is of opinion that the case would be best met by the imposition of a fine, whether with or without any other punishment, the court shall, after giving the parent or guardian an opportunity of being heard, order that the fine be paid by the parent or guardian of the child unless the court is satisfied that the parent or guardian cannot be found or that he has not conducted to the commission of the offence by neglecting to exercise due care of the child. (b) An order under clause (a) may be made against the parent or guardian who having been required to attend has failed to do so. (c) Whether a parent or guardian is directed to pay a fine under this section, the amount may be recovered in accordance with the provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).

(1) Notwithstanding anything to the contrary in any other law for the time being in force, no juvenile offender shall be sentenced to death or imprisonment or committed to prison in default of payment of fine or in default of furnishing security. (2) When a child is found to have committed an offence of so serious a nature that the juvenile court is of opinion that no punishment, which under the provisions of this Act, it is authorised to inflict, is sufficient or when the juvenile court is satisfied that the child is of so unruly or of so depraved a character that he cannot be committed to a certified school or detained in a place of safety, and that none of the other methods in which the case may be legally dealt with is suitable, the court shall order the child to be kept in safe custody in such place or manner as it thinks fit and shall report the case for the orders of the Government. (3) On receipt of a report from a juvenile court under sub-section (2), the Government may make such arrangements in respect of the child as they deem proper and may order such child to be detained at such place and on such conditions as they think fit: Provided that the period of detention so ordered shall not exceed the maximum period of imprisonment specified for the offence committed.

Notwithstanding anything to the contrary in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) no proceedings shall be instituted and no order shall be passed against a child under Chapter VIII of the said Code.

In case of a juvenile offender, whose ordinary place of residence lies outside the jurisdiction of the juvenile court before which he is brought if the Court is satisfied after due inquiry that it is expedient so to do, the Court may send the juvenile offender back to a relative or other person, who is willing to receive him at his place of residence and exercise proper care and control over him, notwithstanding the fact that the juvenile offender has to be sent to a place outside the State.