The Sikkim Children Act, 1982
The Sikkim Children Act, 1982
General198264 sections6 chapters
This law governs the care, protection, and rehabilitation of children in the state of Sikkim. It applies to anyone under eighteen years old, including those who have committed crimes or are neglected, destitute, or living in harmful environments. The Act establishes special courts and institutions like children's homes and observation homes to handle these cases. It empowers the government to place children in the care of fit persons or institutions and ensures they are supervised to ensure their proper upbringing and safety.
Chapter I PRELIMINARY →
Chapter II COMPETENT AUTHORITIES AND INSTITUTIONS FOR CHILDREN →
- 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
- 11Aftercare organisations
- 12Board of Visitors
- 13Sikkim State Children Welfare Advisory Board
- 14Inspection of children's homes, special schools, etc.
- 15Medical examination of inmates of schools
Chapter III NEGLECTED CHILDREN →
Chapter IV DELINQUENT CHILDREN →
- 21Bail and custody of children
- 22Information to parent or guardian or probation officer
- 23Inquiry by children's court regarding delinquent children
- 24Orders that may be passed regarding delinquent children
- 25Orders that may not be passed against delinquent children
- 26Provided that the period of detention so ordered shall not exceed the maximum period of imprisonment to which the child could have been sentenced for the offence committed.
- 27No joint trial of child and person not a child
- 28Power of police officers to administer warning
- 29Removal of disqualification attaching to conviction
- 30Special provision in respect of pending cases
Chapter V Chapter V →
- 31Sitting etc., of children's courts
- 32Persons who may be present before competent authority
- 33Attendance of parent or guardian of child
- 34Dispensing with attendance of child
- 35Committal to approved place of child suffering from dangerous disease and its future disposal
- 36Presumption and determination of age
- 37Circumstances to be taken into consideration in making orders under the Act
- 38Sending a child outside jurisdiction
- 39Reports to be treated as confidential
- 40Prohibition of publication of names, etc., of children involved in any proceeding under the Act
- 41Appeals
- 42Revision
- 43Provided that the High Court shall not pass an order under this section prejudicial to any person without giving him a reasonable opportunity of being heard.
- 44Power to amend orders
Chapter VI SPECIAL OFFENCES IN RESPECT OF CHILDREN →
- 45Punishment for cruelty to child
- 46Employment of children for begging
- 47Penalty for giving intoxicating liquor or dangerous drug to a child
- 48Exploitation of child employees
- 49Power of the Government to discharge and transfer children
- 50Transfers between children's homes, etc., under the Act and children's homes, etc., of like nature in different parts of India
- 51Transfer of children suffering from leprosy or tuberculosis or of unsound mind
- 52Placing out on licence
- 53Provision in respect of escaped children
- 54Child not to be handcuffed or fettered
- 55No child either neglected or delinquent shall be handcuffed or fettered.
- 56Control of custodian over child
- 57Provided that no child while in such custody shall be married except with the permission of the competent authority.
- 58Appointment of officers
- 59Officers appointed under the Act to be public servants
- 60Procedure in respect of bonds
- 61Delegation of powers
- 62Protection of action taken in good faith
- 63Certain provision of Central Act 5 of 1898 not to apply
- 64Section 29B and section 399 of the Code of Criminal Procedure, 1898, shall cease to apply to any area in which this Act has been brought into force.
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