The Kerala Children Act, 1972
The Kerala Children Act, 1972
The Kerala Children Act, 1972 provides a legal framework for the care, protection, maintenance, welfare, training, and rehabilitation of neglected and delinquent children in the State of Kerala. It establishes specialized children's courts, observation homes, children's homes, and special schools to handle proceedings involving minors separately from adult criminal justice systems. The law applies to boys under sixteen and girls under eighteen who are either neglected, destitute, exploited, or accused of offences. By prohibiting imprisonment, banning joint trials with adults, punishing child abuse and begging exploitation, and focusing on reformative care and probation, this legislation prioritizes juvenile rehabilitation over punishment.
Chapter I Preliminary →
- 1Short title, extent and commencement
- 2Definitions
- 3Continuation of inquiry in respect of child who has ceased to be child
- 4Children's courts
- 5Procedure, etc., in relation to children's courts.
- 6Powers of children's court.
- 7Procedure to be followed by a magistrate not empowered under the Act.
- 8Children's homes.
- 9Special schools.
- 10Observation homes.
- 11child to a children's home, make an order placing the child under the care of a parent, guardian or other fit person,
- 12Production of neglected children before children's courts.
- 13Special procedure to be followed when neglected child has parent.
- 14Inquiry by children's court regarding neglected children.
- 15Power to commit neglected child to suitable custody.
- 16Uncontrollable children.
Chapter IV Delinquent children →
- 17Bail and custody of children.
- 18Information to parent or guardian or probation officer.
- 19Inquiry by children's court regarding delinquent children.
- 20Orders that may be passed regarding delinquent children.
- 21Orders that may not be passed against delinquent children.
- 22Proceeding under Chapter VIII of the Criminal procedure Code not competent against child.
- 23No joint trial of child and person not a child.
- 24Power of police officers to administer warning.
- 25Removal of disqualification attaching to conviction.
- 26Special provision in respect of pending cases
Chapter V Chapter V →
- 27Sittings etc., of children's courts
- 28Persons who may be present before competent authority
- 29Attendance of parent or guardian of child
- 30Dispensing with attendance of child
- 31Committal to approved place of child suffering from dangerous disease and its future disposal
- 32Presumption and determination of age
- 33Circumstances to be taken into consideration in making orders under the Act
- 34Sending a child outside jurisdiction
- 35Reports to be treated as confidential
- 36Prohibition of publication of names, etc., of children involved in any proceeding under the Act
- 37Appeals
- 38Revision
- 39Procedure in inquiries, appeals and revision proceedings.
- 40Power to amend orders.
- 41Punishment for cruelty to child.
- 42Employment of children for begging.
- 43Penalty for giving intoxicating liquor or dangerous drug to a child.
- 44Exploitation of child employees.
Chapter VII Miscellaneous →
- 45Power of the Government to discharge and transfer children.
- 46Transfers between children's homes, etc., under the Act and children's homes, etc., of like nature in different parts of India.
- 47Transfer of children suffering from leprosy or tuberculosis or of unsound mind.
- 48Placing out on licence.
- 49Provision in respect of escaped children.
- 50Child not to be handcuffed or fettered.
- 51Contribution by parents.
- 52Control of custodian over child.
- 53Delinquent child undergoing sentence at the commencement of the Act.
- 54Appointment of officers.
- 55Officers appointed under the Act to be public servants.
- 56Procedure in respect of bonds.
- 57Delegation of powers.
- 58Protection of action taken in good faith.
- 59Central Act 8 of 1897 and certain provision of Central Act 5 of 1898 not to apply.
- 60Power to make rules.
- 61Repeal and savings.
Chapter VII MISCELLANEOUS →
PDF: pending for this language.