Chapter VI SPECIAL OFFENCES IN RESPECT OF CHILDREN

1. (1) Whoever, having the actual charge of, or control over a child, assaults, abandons, exposes or wilfully neglects the child or causes or procures him to be assaulted, abandoned, exposed or neglected in a manner likely to cause such child unnecessary mental and physical suffering, shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.
2. (2) No Court shall take cognizence of an offence punishable under sub-section (1) unless the complaint is filed with the previous sanction of the Government or an officer authorised by it in this behalf.

46. (1) Whoever employs or uses any child for the purposes of begging or causes any child to beg shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.

1. (2) Whoever, having the actual charge of, or control over, a child, abets the commission of the offence punishable under sub-section (1) shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.
2. (3) The offence punishable under this section shall be cognizable.

47. Whoever gives or causes to be given, to any child any intoxicating liquor in a public place or any dangerous drug, except upon the order of a duly qualified medical practitioner or in case of sickness or other urgent cause, shall be punishable with fine which may extend to two hundred rupees.

48. Whoever ostensibly procures a child for the purpose of any employment and withholds the earning of the child or uses such earning for his own purposes shall be punishable with fine which may extend to one thousand rupees.

49. (1) The Government may, notwithstanding anything contained in this Act, at any time, order a neglected or delinquent child to be discharged from the children's home or special school either absolutely or on such conditions as the Government may think fit to impose;

1. (2) The Government may, notwithstanding anything contained in this Act, order, (a) a neglected child to be transferred from one children's home to another;
   • (b) a delinquent child to be transferred from one special school to another or from a special school to a borstal school or from a special school to a children's home;
   • (c) a child who has been released on licence which has been revoked or forfeited, to be sent to the special school or children's home from which he was released or to any other special school or children's home or borstal school: Provided that the total period of the stay of the child in a special school or children's home shall not be increased by such transfer.
2. (3) The Government may, notwithstanding anything contained in this Act, at any time, discharge a child from the care of any person under whom he was placed under this Act, either absolutely or on such conditions as the Government may think fit to impose.

50. (1) The Government may direct any neglected child or delinquent child to be transferred from any children's home or special school within the State of Sikkim to any other children's home, special school or institution of a like nature in any other State with the consent of the Government of that State.

1. (2) The Government may, by general or special order, provide for the reception in a children's home or special school of a neglected child or delinquent child detained in a children's home or special school or institution of a like nature in any other State, where the Government of that State makes an order for such transfer and upon such transfer the provisions of this Act shall apply to such child as if he had been originally ordered to be sent to such children's home or special school undet this Act.

51. (1) Where it appears to the Government that any child kept in a children's home or special school in pursuance of this Act is suffering from leprosy or tuberculosis or is of unsound mind, the Government may order his removal to a leper asylum or T.B. Sanatorium or mental hospital or other place of safe custody for being kept there for the remainder of the term for which he has to be kept in custody under the orders of the competent authority or for such further period as may be certified by a medical officer to be necessary for the proper treatment of the child.

1. (2) Where it appears to the Government that the child is cured of leprosy or tuberculosis or of unsoundness of mind, the Government may, if the child is still liable to be kept in custody, order the person having charge of the child to send him to the special school or children's home from which he was removed, or, if the child is no longer liable to be kept in custody, order him to be discharged.

52. (1) When a child is kept in a children's home or special school, the Government may, if it thinks fit, release the child from the children's home or special school and grant him a written licence for such period and on such conditions as may be specified in the licence permitting him to live with, or under the supervision of any responsible person named in the licence, willing to receive and take charge of him with a view to educate him and train him for some useful trade or calling.

1. (2) Any licence so granted under sub-section (1) shall be in force for the period specified in the licence or until revoked or forfeited by the breach of any of the conditions on which it was granted.
2. (3) The Government may, at any time, by order in writing revoke any such licence and order the child to return to the children's home or special school from which he was released or to any other children's home or special school and shall do so at the desire of the person with whom or under whose supervision the child has been permitted to live in accordance with a licence granted under sub-section (1).
3. (4) When a licence has been revoked or forfeited and the child refuses or fails to return to the children's home or special school to which he was directed so to return, the Government may, if necessary, cause him to be taken charge of and to be taken back to the children's home.
4. (5) The time during which a child is absent from a children's home or special school in pursuance of a licence granted under this section shall be deemed to be part of the time for which he is liable to be kept in custody in the children's home or special school : Provided that when a child has failed to return to the children's home or special school on the licence being revoked or forfeited, the time which elapses after his failure so to return shall be excluded in computing the time during which he is liable to be kept in custody.

53. Notwithstanding anything to the contrary contained in any other law for the time being in force, any police officer may take charge without warrant of a child who has escaped from a children's home or special school or from the care of a person under whom he was placed under this Act and shall send the child back to the children's home or special school or that person, as the case may be, and no proceeding shall be instituted in respect of the child by reason of such escape, but the children's home, special school or the person may, after giving the information to the competent authority which passed the order in respect of the child, take such steps against the child as may be deemed necessary.

54.

Contribution by parents 55. (1) The competent authority which makes an order for sending a neglected child or a delinquent child to a children's home or special school or placing the child under the care of a fit person may make an order requiring the parent or other person liable to maintain the child to contribute to his maintenance, if able to do so, in the prescribed manner.

1. (2) The competent authority before making any order under sub-section (1) shall inquire into the circumstances of the parent or other person liable to maintain the child and shall record evidence, if any, in the presence of the parent or such other person, as the case may be.
2. (3) The person liable to maintain a child, shall for the purposes of sub-section (1), include, in the case of illegitimacy, his putative father: Provided that where the child is illegitimate and an order for his maintenance has been made under section 488 of the Code of Criminal Procedure, 1898 the competent authority shall not ordinarily make an order for contribution against the putative father, but may order the whole or any part of the sums accruing due under the said order for maintenance to be paid to such person as may be named by the competent authority and such sum shall be paid by him towards the maintencance of the child.
3. (4) Any order made under this section may be enforced in the same manner as an order under section 488 of the Code of Criminal Procedure, 1898.

56. Any person in whose custody a child is placed in pursuance of this Act shall, while the order is in force, have the like control over the child as he would have if he were his parent, and shall be responsible for his maintenance and the child shall continue in his custody for the period stated by the competent authority, notwithstanding that he is claimed by his parent or any other person:

Delinquent child undergoing sentence at the commencement of the Act 57. In any area in which this Act is brought into force, the Government may direct that a delinquent child who is undergoing any sentence of imprisonment on the commencement of this Act shall, in lieu of undergoing such sentence, be sent to a special school or be kept in safe custody in such place and manner as the Government thinks fit, for the remainder of the period of the sentence, and the provisions of this Act shall apply to the child as if he had been ordered by a children's court to be sent to such special school or, as the case may be, ordered to be detained under sub-section (1) of section 24.

58. (1) The Government may appoint as many probation officers, officers for special school, observation homes or aftercare organisations and such other officers as it may deem necessary for carrying out the purposes of this Act.

1. (2) It shall be the duty of the probation officer, (a) to inquire, in accordance with the direction of a competent authority, into the antecedents and family history of any neglected child or of any child accused of an offence, with a view to assist the authority in making the inquiry;
   • (b) to visit neglected and delinquent children at such intervals as the probation officer may think fit;
   • (c) to report to the competent authority as to the behaviour of any neglected or delinquent child;
   • (d) to advise and assist neglected or delinquent children and, if necessary, endeavour to find them suitable employment;
   • (e) where a neglected or delinquent child is placed under the care of any person on certain conditions, to see whether such conditions are being complied with; and
   • (f) to perform such other duties as may be prescribed.
2. (3) Any officer empowered in this behalf by the Government may enter any children's home, special school, observation home or aftercare organisation and make a complete inspection thereof in all its departments and of all papers, registers and accounts relating thereto and shall submit the report of such inspection to the Government.

59. Probation officers and other officers appointed in pursuance of this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code. 5 of 1860.

60. The provisions of Chapter XLII of the Code of Criminal Procedure, 1898, shall, as far as may be, apply to bonds taken under this Act. 5 of 1898.

61. The Government may, by general or special order, direct that any power exercisable by them under this Act shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercisable also by an officer subordinate to the Government.

62. No suit or other legal proceeding shall lie against the Government or any probation officer or other officer appointed under this Act in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rules or orders made there under.

63.

Power to make rules 64. (1) The State Government may make rules for giving effect to the provisions of this Act.

1. (2) In particular and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely:, (a) facilities for education etc. that may be provided in children's homes under sub-section (3) of section 8;
   • (b) the circumstances and the manner in which certificates of a children's home, special schools, observation homes may be granted or withdrawn;
   • (c) manner in which aftercare organisations may be recognised;
   • (d) measures to be taken by aftercare organisation to enable the child to live an honest and useful life;
   • (e) the manner in which a Police Officer may deal with a delinquent child not released on bail until its production in a children's court;
   • (f) restrictions and limitations under which a Police Officer may let off a delinquent child after a warning;
   • (g) the places at which the children's court may hold its sittings;
   • (h) the procedure that may be followed by the competent authority while holding inquiries under this Act;
     • (i) the manner in which the parents of a child are to contribute towards the maintenance of the child;
   • (j) such other duties that may be performed by the probation officers;
   • (k) any other matter which has to be, or may be, prescribed.