Chapter I Preliminary

(1) This Act may be called the Kerala Children Act, 1972. (2) It extends to the whole of the State of Kerala. (3) It shall come into force on such date as the Government may, by notification in the Gazette, appoint; and different dates may be appointed for different provisions of this Act or for different areas of the State.

In this Act, unless the context otherwise requires,— (a) "authorised person'' means a person authorised by the Government under sub-section (1) of section 12; (b) "begging" means— (i) soliciting or receiving alms in a public place or entering on any private premises for the purpose of soliciting or receiving alms, whether under the pretence of singing, dancing, fortune-telling, performing tricks or selling articles or otherwise ; or (ii) exposing or exhibiting with the object of obtaining or extorting alms any sore, wound, injury, deformity or disease, whether of himself or of any other person or of an animal; or (iii) allowing oneself to be used as an exhibit for the purpose of soliciting or receiving alms ; (c) "brothel", "prostitute", "prostitution" and "public place" shall have the meanings respectively assigned to them in the Suppression of Immoral Traffic in Women and Girls Act, 1956 (Central Act 104 of 1956); (d) "child" means a boy who has not attained the age of sixteen years or a girl who has not attained the age of eighteen years and when used with reference to a child sent to a children's home or special school applies to that child during the whole period of the stay, notwithstanding that during the period of such stay, the child may have attained the above age limit; (e) "children's court" means a court constituted under section 4 ; (f) "children's home'' means an institution established or certified by the Government under section 8 as a children's home; (g) "competent authority" means a children's court and includes in respect of any area for which no children's court has been constituted any Magistrate empowered under sub-section (2) of section 6 to exercise the powers conferred on a children's court by or under this Act; (h) "dangerous drug” shall have the meaning assigned to it in the Dangerous Drugs Act, 1930 (Central Act 2 of 1930); (i) "delinquent child" means a child who has been found to have committed an offence; (j) "guardian", in relation to a child, includes any person who, in the opinion of the competent authority having cognizance of any proceeding in relation to a child, has, for the time being, the actual charge of, or control over, that child ; (k) "neglected child" means a child who— (i) is found begging; or (ii) is found without having any home or settled place of abode or any ostensible means of subsistence or is found destitute, whether he is an orphan or not ; or (iii) has a parent or guardian who is unfit to exercise or does not exercise proper care and control over the child ; or (iv) lives in a brothel or with a prostitute or frequently goes to any place used for the purpose of prostitution, or is found to associate with any prostitute or any other person who leads an immoral, drunken or depraved life ; (l) "observation home” means any institution or place established or recognised by the Government under section 10 as an observation home; (m) "offence" means an offence punishable under any law for the time being in force ; (n) "prescribed" means prescribed by rules made under this Act; (o) "probation officer" means an officer appointed as a probation officer under this Act or under the Probation of Offenders Act, 1958 (Central Act 20 of 1958); (p) "special school" means an institution established or certified by the Government under section 9 ; (q) "supervision", in relation to a child placed under the care of any parent, guardian or other fit person under this Act, means the supervision of that child by a probation officer for the purpose of ensuring that the child is properly looked after and that the conditions imposed by the competent authority are complied with ; (r) all words and expressions used but not defined in this Act and defined in the Code of Criminal Procedure, 1898 (Central Act 5 of 1898), shall have the meanings assigned to them in that Code.

Where an inquiry has been initiated against a child and during the course of such inquiry the child ceases to be such, then, notwithstanding anything contained in this Act or in any other law for the time being in force, the inquiry may be continued and orders may be made in respect of such person as if such person had continued to be a child.

(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Central Act 5 of 1898), the Government may, by notification in the Gazette, constitute for any area specified in the notification, one or more children's courts for exercising the powers and discharging the duties conferred or imposed on such court under this Act. (2) A children's court shall consist of such number of Magistrates forming a Bench as the Government think fit to appoint, of whom one shall be designated as the senior magistrate and not less than one shall be a woman; and every such Bench shall have the powers conferred

(1) In the event of any difference of opinion among the magistrates of a children's court, the opinion of the majority shall prevail, but where there is no such majority, the opinion of the senior magistrate shall prevail. (2) A children's court may act notwithstanding the absence of any magistrate and no orders made by the children's court shall be invalid by reason only of the absence of any magistrate, during any stage of the proceeding. (3) No person shall be appointed as a magistrate of a children's court unless he has, in the opinion of the Government, special knowledge of child psychology and child welfare.

(1) Where a children's court has been constituted for any area, such court shall, notwithstanding anything contained in any other law for the time being in force but save as otherwise expressly provided in this Act, have power to deal exclusively with all proceedings under this Act relating to neglected children and delinquent children. (2) Where no children's court has been constituted for any area, the powers conferred on the children's court by or under this Act shall be exercised in that area, only by the following, namely:— (a) the district magistrate; or (b) the sub-divisional magistrate; or (c) any magistrate of the first class. (3) The powers conferred on the children's court by or under this Act may also be exercised by the High Court and the court of session, when the proceeding comes before them in appeal, revision or otherwise.

(1) When any magistrate not empowered to exercise the powers of a children's court under this Act is of opinion that a person brought before him under any of the provisions of this Act (otherwise than for the purpose of giving evidence) is a child, he shall record such opinion and forward the child and the record of the proceeding to the competent authority having jurisdiction over the proceeding. (2) The competent authority to which the proceeding is forwarded under sub-section (1) shall hold the inquiry as if the child had originally been brought before it.

(1) The Government may establish and maintain as many children's homes as may be necessary, for the reception of neglected children under this Act. (2) Where the Government are of opinion that any institution other than an institution established under sub-section (1) is fit for the reception of the neglected children to be sent there under this Act, they may certify such institution as a children's home for the purposes of this Act. (3) Every children's home to which a neglected child is sent under this Act shall not only provide the child with accommodation, maintenance and facilities for education, but also provide him with facilities for the development of his character and abilities and give him necessary training for protecting himself against moral dangers or exploitation and shall also perform such other functions as may be prescribed. (4) The Government may, by rules made under this Act, provide for the management of children's homes and the circumstances under which, and the manner in which, the certificate of a children's home may be granted or withdrawn.

(1) The Government may establish and maintain as many special schools as may be necessary for the reception of delinquent children under this Act. (2) Where the Government are of opinion that any institution other than an institution established under sub-section (1) is fit for the reception of the delinquent children to be sent there under this Act, they may certify such institution as a special school for the purposes of this Act. (3) Every special school to which a delinquent child is sent under this Act shall not only provide the child with accommodation, maintenance and facilities for education but also provide him with facilities for development of his character and abilities and give him necessary training for his reformation and shall also perform such other functions as may be prescribed. (4) The Government may, by rules made under this Act, provide for the management of special schools and the circumstances under which, and the manner in which, the certificate of a special school may be granted or withdrawn.

(1) The Government may establish and maintain as many observation homes as may be necessary for the temporary reception of children during the pendency of any inquiry regarding them under this Act. (2) Where the Government are of opinion that any institution other than an institution established under sub-section (1) is fit for the temporary reception of children during the pendency of any inquiry regarding them under this Act, they may recognise such institution as an observation home for the purposes of this Act. (3) Every observation home to which a child is sent under this Act shall not only provide the child with accommodation, maintenance and facilities for medical examination and treatment, but also provide him with facilities for useful occupation. (4) The Government may, by rules made under this Act, provide for the management of observation homes and the circumstances under which, and the manner in which, an institution may be recognised as an observation home or the recognition may be withdrawn.

(1) child to a children's home, make an order placing the child under the care of a parent, guardian or other fit person, on such parent, guardian or fit person executing a bond with or without surety to be responsible for the good behaviour and well being of the child and for the observance of such conditions as the children's court may think fit to impose. (2) At the time of making an order under sub-section (1) or at any time subsequently, the children's court may, in addition, make an order that the child be placed under supervision for any period not exceeding three years in the first instance. (3) Notwithstanding anything contained in sub-section (1) or sub-section (2), if at any time it appears to the children's court on receiving a report from the probation officer or otherwise, that there has been a breach of any of the conditions imposed by it in respect of the child, it may, after making such inquiry as it deems fit, order the child to be sent to a children's home.

(1) If any police officer or any other person authorised by the Government in this behalf by general or special order, is of opinion that a person is apparently a neglected child, such police officer or other person may take charge of that person for bringing him before the children's court. (2) When information is given to an officer-in-charge of a police station about any neglected child found within the limits of such station, he shall enter in a book to be kept for the purpose, the substance of such information and take such action thereon as he deems fit and if such officer does not propose to take charge of the child, he shall forward a copy of the entry made to the children's court. (3) Every child taken charge of under sub-section (1) shall be brought before the children's court within a period of twenty-four hours of taking such charge excluding the time necessary for the journey from the place where the child had been taken charge of, to the children's court. (4) Every child taken charge of under sub-section (1) shall, unless he is kept with his parent or guardian, be sent to an observation home (but not to a police station or jail) until he can be brought before a children's court.

(1) If a person, who in the opinion of the police officer or the authorised person is a neglected child, has a parent or guardian who has the actual charge of, or control over, the child, the police officer or the authorised person may, instead of taking charge of the child, make a report to the children's court for initiating an inquiry regarding that child. (2) On receipt of a report under sub-section (1), the children's court may call upon the parent or guardian to produce the child before it and to show cause why the child should not be dealt with as a neglected child under the provisions of this Act and if it appears to the children's court that the child is likely to be removed from its jurisdiction or to be concealed, it may immediately order his removal (if necessary by issuing a search warrant for the immediate production of the child) to an observation home.

(1) When a person alleged to be a neglected child is produced before a children's court, it shall examine the police officer or the authorised person who brought the child or made the report and record the substance of such examination and hold the inquiry in the prescribed manner and may make such orders in relation to the child as it may deem fit: Provided that before holding such inquiry the children's courts shall direct the probation officer to furnish it with a report regarding the antecedents and family history of the child and other material circumstances likely to be of assistance to the court in holding the inquiry. (2) Where a children's court is satisfied on inquiry that a child is a neglected child and that it is expedient so to deal with him, the children's court may make an order directing the child to be sent to a children's home for the period until he ceases to be a child: Provided that the 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 and twenty years in the case of a girl: Provided further that the children's court may, if it is satisfied that having regard to the circumstances of the case it is expedient so to do, for reasons to be recorded, reduce the period of stay by such period not exceeding two years as it thinks fit. (3) During the pendency of any inquiry regarding a child, the child shall, unless he is kept with his parent or guardian, be sent to an observation home for such period as may be specified in the order of the children's court: Provided that no child shall be kept with his parent or guardian if, in the opinion of the children's court, such parent or guardian is unfit to exercise or does not exercise proper care and control over the child.

(1) If the children's court so thinks fit, it may, instead of making an order under sub-section (2) of section 14 for sending the

Where a parent or guardian of a child complains to the children's court that he is not able to exercise proper care and control over the child and the children's court is satisfied on inquiry that proceedings under this Act should be initiated regarding the child, it may send the child to an observation home and make such further inquiry as it may deem fit, and the provisions of section 14 and section 15 shall, as far as may be, apply to such proceedings.