Chapter II POWERS AND FUNCTIONS OF BOARD AND COURTS HAVING

(1) The Government may, by notification, constitute for any area specified in the notification one or more Child Welfare Boards for exercising the powers and discharging the duties conferred or imposed on such Board in relation to neglected children under this Act. (2) The Board shall consist of a Chairman and such other members as the Government may think fit to appoint of whom not less than one shall be a woman and every such member shall be vested with the powers of a magistrate under the Code of Criminal Procedure, 1973. (3) No person shall be appointed as a member of the Board unless he has, in the opinion of the Government, special knowledge of child psychology and child welfare. (4) The Board shall function as Bench of magistrates and shall have the powers conferred by the Code of Criminal Procedure, 1973 on a Metropolitan Magistrate or as the case may be, a Judicial Magistrate of First Class.

(1) The Government may, by notification, constitute one or more juvenile courts, for any area specified in the notification. (2) A juvenile court shall be presided over by a single magistrate or by such bench of magistrates consisting of two or more magistrates as the Government may, after consultation with the High Court, think fit to appoint, and where a bench is constituted one of the magistrates shall be designated as the principal magistrate, and one atleast of them shall be a woman. (3) A juvenile court, where it is presided over by a bench of magistrates, may function even if one magistrate is present and no order made by the bench shall be invalid by reason only of the absence of any magistrate during any stage of the hearing of the proceeding. (4) Every juvenile court shall be assisted by a panel of two honorary social workers possessing such qualifications as may be prescribed, of whom at least one shall be a woman and such panel shall be appointed by the Government. (5) No person shall be appointed to preside over a juvenile court unless he is a magistrate of first class.

In the event of any difference of opinion among the members of a Board or among the magistrates constituting a bench, the opinion of the majority shall prevail but where there is no such majority, the opinion of the Chairman or of the principal magistrate, as the case may be, shall prevail.

(1) Where a Board or a juvenile court has been constituted for any area, such Board or court shall, notwithstanding anything in any other law for the time being in force, but save as otherwise provided in this Act, have power to deal exclusively with all proceedings or to try all cases under this Act but shall not have power to try any case in which an adult as charged with an offence under Chapter VI of this Act: Provided that a Board or a juvenile court may, if it is of opinion that it is necessary so to do having regard to the circumstances of the case, transfer any proceedings to any juvenile court or Board, as the case may be: Provided further that where there is any difference of opinion between a Board and a juvenile court regarding the transfer of any proceedings under the first proviso, it shall be referred to the Chief Metropolitan Magistrate or, as the case may be, the Chief Judicial Magistrate for decision and in a case where the District Magistrate is functioning as a Board or a juvenile court, such difference of opinion shall be referred to the court of Session, and the decision of the Chief Metropolitan Magistrate or Chief Judicial Magistrate or, as the case may be, the Court of Session on such reference shall be final. (2) Where no Board or juvenile court has been constituted for any area, the powers conferred on the Board or the juvenile court by or under this Act shall be exercised in that area, only by the following, namely; (a) the court of the District Magistrate; or (b) the court of any Metropolitan Magistrate or Judicial Magistrate of the first class, as the case may be. (3) The powers conferred on the Board or the juvenile court by or under this Act, may also be exercised by the High Court and the Court of Session, when the proceeding comes before it in appeal, revision or otherwise.

(1) When any court of a magistrate not empowered to exercise the powers of a juvenile court under this Act, is of opinion that a person brought before it is a child, it shall record such opinion and forward the child and the record of the proceeding to the court having jurisdiction under this Act, to deal with and dispose of the proceeding. (2) The court to which the proceeding is forwarded under sub-section (1) shall hold the inquiry as if the child has originally been brought before it.

(1) Notwithstanding anything in section 223 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), or any other law for the time being in force, no child shall be charged with or tried for any offence, other than an offence punishable either under section 302 or section 304 or section 392 or section 395 or section 396 of the Indian Penal Code, 1860 together with an adult. (2) If a child is accused of an offence for which under section 223 of the Code of Criminal Procedure 1973, or any other law for the time being in force, such child and the adult would, but for the provisions of sub-section (1), have been charged and tried together, the Court taking cognizance of that offence shall direct separate trials of the child and the adult.

Save as otherwise expressly provided by or under this Act, a competent court, while holding an inquiry into and in the trial of cases and the conduct of proceedings under this Act, shall, subject to such procedure as may be prescribed follow as far as may be the procedure laid down for trials in summons cases in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).

(1) A Board or juvenile court shall hold its sittings at such places, on such days and in such manner as may prescribed. (2) In the enquiry into or trial of a case in which a child is charged with an offence, the court of a magistrate empowered to exercise the powers of a Board or, as the case may be, a juvenile court under section 9, shall, as far as practicable, sit in a different building or room from that in which the ordinary sittings of the court are held or on different days or at different times from those at which the ordinary sittings of the court are held.

Notwithstanding anything in this Act, all proceedings in respect of a child pending in a court on the date on which this Act comes into force shall be continued in that court, as if this Act had not been passed and if such court finds that the child has committed an offence, it shall record such finding and, instead of passing any sentence in respect of the child forward the child to the competent court under this Act, which shall pass orders in respect of that child, in accordance with the provisions of this Act, as if it has been satisfied on enquiry under this Act that the child has committed the offence.

(1) Save as otherwise provided in this Act, no person shall be present in any sitting of a competent authority, except- (a) the members and officers of competent authority; (b) the parties to the case before competent authority, the parent or guardian of the child and other persons directly concerned in the case, including the police officer and legal practitioner; and (c) such other persons as competent authority may permit to be present. (2) No legal practitioner shall be entitled to appear before a Board in any case or proceeding before it, except with the special permission of that Board.

If, at any stage, during the course of a trial of a case or proceeding, a competent authority considers it expedient in the interests of the child or on grounds of decency or morality, to direct any person including the police officers, the parent, guardian or the child himself to withdraw, the competent authority shall be entitled to give such direction and thereupon such person shall withdraw. If any person refuses to withdraw, the competent authority may have him removed and may for this purpose cause to be used such force as may be necessary.

If at any stage during the course of a trial of a case or proceeding, a competent authority is satisfied that the attendance of a child is not essential for the purposes of the hearing of the case or proceeding, the competent authority may dispense with his attendance and proceed with the trial of the case or proceeding in the absence of the child.

If, at any stage during the course of a trial of a case or proceeding in relation to an offence against, or any conduct contrary to, decency or morality a child is examined as a witness the competent authority trying the case or holding the proceeding may direct such persons as it thinks fit, not being parties to the case or proceeding, the legal practitioners and the officers concerned with the case or proceeding, to withdraw. Such persons shall then withdraw. If any person refuses to withdraw, the competent authority may have him removed and may for this purpose, cause to be used such force as may be necessary.

(1) Where a child brought before a competent authority under this Act has a parent or guardian, such parent or guardian, may, in any case, and shall, if he can be found and if he resides within a reasonable distance from the competent authority, be required to attend the court unless the competent authority is satisfied that it will be unreasonable to require his attendance. (2) The parent or guardian whose attendance is required under this section shall be the parent or guardian having the actual charge of or control over the child: Provided that if such parent or guardian is not the father, the attendance of the father may also be required. (3) The attendance of the parent of the child shall not be required under this section in any case, where the child was, before the institution of the proceedings removed from the custody or charge of his parent by an order of a court.

(1) When a child brought before a competent authority under any of the provisions of this Act, is found to be suffering, from a disease requiring prolonged medical treatment or from a physical or mental desease that will respond to the treatment, the competent authority may send the child to an observation home or to any other place recognised in the manner prescribed, to be an approved place, for such period as it may think necessary for the required treatment. (2) Where a child is found to be suffering from leprosy or is of unsound mind, he shall be dealt with under the provisions of the Andhra Pradesh Leprosy Act, 1953 (Act IV of 1954), or the Indian Lunacy Act, 1912 (Central Act 4 of 1912), as the case may be.

For the purposes of any order, which a competent authority has to pass under this Act, the competent authority shall have regard to the following factors,– (a) the character, religious persuation and age of the child; (b) the circumstances in which the child is living; (c) the reports, if any, made by the probation officer, under section 63; and (d) such other matters as may, in the opinion of the competent authority, required to be taken into consideration in the interest of the child: Provided that in the case of a juvenile offender the above factor shall be taken into consideration after the competent authority has recorded a finding against such offender that he has committed the offences: Provided further that if no report of the probation officer is received within three months of his being informed under section 63, it shall be open to the competent authority to proceed without it.

The report of the probation officer or any other matter considered by the competent authority under section 21 shall be treated as confidential: Provided that, if such report or matter relates to the character, health or conduct of, or the circumstances in which the child, the parent or the guardian is living, the competent court may, if it thinks expedient, communicate the substance thereof to the child and the parent or guardian concerned as the case may be.

No report in any newspaper, magazine, or news sheet of any inquiry or investigation of any case or proceeding before any competent authority in which a child is involved shall disclose the name, address or school or any other particulars calculated to lead to the identification of any such child, nor shall any picture of any such child be published: Provided that for reasons to be recorded in writing, the authority trying the case or holding the proceeding may permit the disclosure of any such report if in its opinion, such disclosure is in the interests of child’s welfare and it is not likely to affect adversely the interests of the child concerned.