Chapter IV DELINQUENT CHILDREN

Bail and custody of children.—

1. (1) When any person accused of a bailable or non-bailable offence and apparently a child is arrested or detained or appears or is brought before a children's court such person shall, notwithstanding anything contained in the Code of Criminal Procedure, Svt. 1989, or in any other law for the time being in force, be released on bail with or without surety but he shall not be so released if there appear reasonable grounds for believing that the release is likely to bring him into association with any reputed criminal or expose him to moral danger or that his release would defeat the ends of justice.
2. (2) When such person having been arrested is not released on bail under sub-section
3. (1) by the officer-in charge of the police station. such officer shall cause him to be kept in an observation home in the prescribed manner (but not in a police station or jail) until he can be brought before a children's court.
4. (3) When such person is not released on bail under sub-section
5. (1) by the children's 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 inquiry regarding him as may be specified in the order.

Information to parent or guardian or probation officer.—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—

1. (a) the parent or guardian of the child, if he can be found, of such arrest and direct him to be present at the children's court before which the child will appear ; and
2. (b) the probation officer of such arrest in order to enable him to obtain information regarding the antecedents and family history of the child and other material circumstances likely to be of assistance to the children's court for making the inquiry.

Inquiry by children's court regarding delinquent children.—Where a child having been charged with an offence appears or is produced before a children's court, the children's court shall hold the inquiry in accordance with the provisions of section 39 and may, subject to the provisions of this Act, make such order in relation to the child as it deems fit.

Orders that may be passed regarding delinquent children.—

1. (1) Where a children's court is satisfied on inquiry that a child has committed an offence, then, notwithstanding anything to the contrary contained in any other law for the time being in force, the children's court may, if it so thinks fit,—
   • (a) allow the child to go home after advice or admonition ;
   • (b) direct the child to be released on probation of good conduct and place under the care of any parent, guardian or other fit person on such parent, guardian or other fit person executing a bond, with or without surety, as that court may require, for the good behaviour and well being of the child for any period not exceeding three years ;
   • (c) make an order directing the child to be sent to a special school,—
     • (i) in the case of a boy over fourteen years of age or of a girl over sixteen years of age, for a period of not less than three years ;
     • (ii) in the case of any other child, for the period until he ceases to be a child : Provided that the children's court may, if it is satisfied that having regard to the nature of the offence and the circumstances of the case it is expedient so to do, for reasons to be recorded, reduce the period of stay to such period as it thinks fit : Provided further that children's court may, for reasons to be recorded, extend the period of such stay, but in no case the period of stay shall extend beyond the time when the child attains the age of eighteen years, in the case of a boy, or twenty years, in the case of a girl ;
   • (d) order the child to pay a fine if he is over fourteen years of age and earns money.
2. (2) Where an order under clause
   • (c) or clause
   • (d) of sub-section
3. (1) is made, the children's 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 fit for the well-being of the delinquent child : Provided that if at any time afterwards it appears to the children's 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 fit, order the delinquent child to be sent to a special school.
4. (3) The children's court making a supervision order under sub-section
5. (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 officer.
6. (4) In determining the special school, or any person to whose custody a child is to be committed or entrusted under this Act, the court shall pay due regard to the religious denomination of the child to ensure that religious instructions contrary to the religious persuasion of the child is not imparted to him.

Orders that may not be passed against delinquent children.—

1. (1) Notwithstanding anything to the contrary contained in any other law for the time being in force, no delinquent child shall be sentenced to death or imprisonment, or committed to prison in default of payment of fine or in default of furnishing security : Provided that where a child who has attained the age of fourteen years has committed an offence and the children's court is satisfied that the offence committed is of so serious a nature or that his conduct and behaviour have been such that it would not be in his 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 Government.
2. (2) On receipt of a report from a children's court under sub-section (1), the Government may make such arrangement in respect of the child as it deems proper and may order such delinquent child to be detained at such place and on such conditions as it thinks fit :

Proceeding under Chapter VIII of the Criminal Procedure Code not competent against child Proceeding under Chapter VIII of the Criminal Procedure Code not competent against child.—Notwithstanding anything to the contrary contained in the Code of Criminal Procedure, Svt. 1989, no proceeding shall be instituted and no order shall be passed against a child under Chapter VIII of the said Code.

No joint trial of child and person not a child.—

1. (1) Notwithstanding anything contained in section 239 of the Code of Criminal Procedure, 1989, or in any other law for the time being in force, no child shall be charged with, or tried for, any offence together with a person who is not a child.
2. (2) If a child is accused of an offence for which under section 239 of the Code of Criminal Procedure, 1989, or any other law for the time being in force, such child and any person who is not a child would, but for the prohibition contained in 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 other person.

Removal of disqualification attaching to conviction.—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 suffer disqualification if any, attaching to a conviction of an offence under such law.

Special provision in respect of pending cases.—Notwithstanding anything contained in this Act, all proceedings 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 offence, it shall record such finding and, instead of passing any sentence in respect of that child, forward the child to the children's court which shall pass orders in respect of that child in accordance with the provisions of this Act as if it had been satisfied on inquiry under this Act that the child has committed the offence.