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[Act No. 60 of 1960 dated 26th. December, 1960]1
An Act to provide for the care, protection, maintenance, welfare, training, education and rehabilitation of neglected or delinquent children and for the trial of delinquent children in the Union territories. Be it enacted by Parliament in the Eleventh Year of 'the Republic of India as follows: -
SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
(1) This Act may be called the Children Act, 1960.
(2) It extends to all the Union territories.
(3) It shall come into force in any Union territory on such date2 as the Administrator may, by notification in the Official Gazette, appoint and different dates may be appointed for different areas thereof.
SECTION 02: DEFINITIONS
In this Act, unless the context otherwise requires,-
(a) "Administrator" means the administrator of a Union territory, whether called a Lieutenant Governor, a Chief Commissioner or by any other name;
(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;
(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;
(iii) allowing oneself to be used as an exhibit for the purpose of soliciting or receiving alms;
(c) "Board" means a Child Welfare Board constituted under section 4;
(d) "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;
(e) "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;
(f) "children's court" means a court constituted under section 5;
(g) "children's home" means an institution established or certified by the Administrator under. section 9 as a children's home;
(h) "competent authority" means, in relation to neglected children, a Board constituted under section 4 and, in relation to delinquent children a children's court constituted under section 5, and where no such Board or children's court has been constituted, includes any court empowered under sub-section (2) of section 7 to exercise the powers conferred on a Board or children's court;
(i) "dangerous drug" shall have the meaning assigned to it in the Dangerous Drugs Act, 1930;
(j) "delinquent child" means a child who has been found to have committed an offence;
3[(jj) "fit person" or "fit institution" means any person or institution (not being a police station or jail) found fit by the competent authority to receive and take care of a child entrusted to his or its care and protection on the terms and conditions specified by the competent authority;]
(k) "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;
(l) "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 3[or unable] 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;
(m) "observation home" means any institution or place established or recognised by the Administrator under section 11 as an observation home;
(n) "offence" means an offence punishable under any law for the time being in force;
3[(nn) "place of safety" means any place or institution (not being a police station or jail), the person in charge of which is willing temporarily to receive and take care of a child and which in the opinion of the competent authority may be a place of safety for the child;]
(o) "prescribed" means prescribed by rules made under this Act;
(p) "probation officer" means an officer appointed as a probation officer under this Act or under the Probation of Offenders Act, 1958;
(q) "special school" means an institution established or certified by the Administrator under section 10;
(r) "supervision", in relation to a child placed under the care of any parent, guardian or other 4[fit person or fit institutions] 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;
(s) all words and expressions used but not defined in this Act and defined in the 5[Code of Criminal Procedure, 1973], shall have the meanings assigned to them in that Code.
SECTION 03: CONTINUATION OF INQUIRY IN RESPECT OF CHILD WHO HAS CEASED TO BE CHILD
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.
CHAPTER II: COMPETENT AUTHORITIES AND INSTITUTIONS FOR CHILDREN
SECTION 04: CHILD WELFARE BOARDS
(1) The Administrator may, by notification in the Official Gazette, constitute for any area specified in the notification, one or more Child Welfare Boards for exercising the powers and discharging the duties conferred or imposed on such Board in relation to neglected children under this Act.
(2) A Board shall consist of a chairman and such other members as the Administrator thinks fit to appoint, of whom not less than one shall be a woman; and every such member shall be vested with the powers of a magistrate under the 5[Code of Criminal Procedure, 1973].
(3) The Board shall function as a Bench of magistrates and shall have the powers conferred by the 6[Code of Criminal Procedure, 1973, on a Metropolitan Magistrate or, as the case may be, a Judicial Magistrate of the first class].
SECTION 05: CHILDREN’S COURTS
(1) Notwithstanding anything Contained in the 5[Code of Criminal Procedure, 1973], the Administrator may, by notification in the Official 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 in relation to delinquent children under this Act.
7[(2) A children's court shall consist of such number of Metropolitan Magistrates or Judicial Magistrates of the first class, as the case, may be, forming a Bench as the Administrator thinks fit to appoint, of whom one shall be designated as the principal magistrate; and every such Bench shall have the powers conferred by the Code of Criminal Procedure, 1973, on a Metropolitan Magistrate or, as the case may be, a Judicial Magistrate of the first class.
(3) Every children's court shall be assisted by a panel of two honorary social workers possessing such qualifications as may be prescribed, of whom at least one shall be a woman, and such panel shall be appointed by the Administrator.]
SECTION 06: PROCEDURE, ETC., IN RELATION TO BOARDS AND CHILDREN’S COURTS
(1) In the event of any difference of opinion among the members of a Board or 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 chairman or of the 8[principal magistrate], as the case may be, shall prevail.
(2) A Board or children’s court may act notwithstanding the absence of any member of the Board or, as the case may be, any magistrate of the children's court, and no order made by the Board or children’s court shall be invalid by reason only of the absence of any member or magistrate, as the case may be, during any stage of the proceeding.
(3) No person shall be appointed as a member of the Board or as a magistrate in the children's court unless he has, in the opinion of the Administrator, special knowledge of child psychology and child welfare.
SECTION 07: POWER OF BOARD AND CHILDREN’S COURT
(1) Where a Board or a children's court has been constituted for any area, such Board or 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 or delinquent children, as the case may be:
9[Provided that a Board or a children's court may, if it is of opinion that it is necessary so to do having regard to the circumstances of the case, transfer any proceedings to any children's court or Board, as the case may be :
9Provided further that where there is any difference of opinion between a Board and a children's court regarding the transfer of any proceedings under the first proviso, it shall be, referred to the Chief Metropolitan Magistrate or, as the case may be, the Chief Judicial Magistrate for decision, and in a case where the District Magistrate is functioning as a Board or a children's court, such difference of opinion shall be referred to the Court of Session, and the decision of the Chief Metropolitan Magistrate or Chief Judicial Magistrate or, as the case may be, the Court of Session on such reference shall be final.]
(2) Where no Board or children's court has been constituted for any area, the powers conferred on the Board or 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
10[(c) any Metropolitan Magistrate or Judicial Magistrate of the first class, as the case may be.]
(3) The powers conferred on the Board or 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.
SECTION 08: PROCEDURE TO BE FOLLOWED BY A MAGISTRATE NOT EMPOWERED UNDER THE ACT
(1) When any magistrate not empowered to exercise the powers of a Board or 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.
SECTION 09: CHILDREN’S HOMES
(1) The Administrator 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 Administrator is 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, he 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 9[to ensure all round growth and development of his personality].
(4) The Administrator may, by rules made under this Act, provide for the management of children’s homes 3[, including the standards and the nature of services to be maintained by them,] and the circumstances under which, and the manner in which, the certificate of a children’s home may be granted or withdrawn.
SECTION 10: SPECIAL SCHOOLS
(1) The Administrator may establish and maintain as many special schools as may be necessary for the reception of delinquent children under this Act.
(2) Where the Administrator is 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, he 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 the 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 9[to ensure all round growth and development of his personality].
(4) The Administrator may, by rules made under this Act, provide for the management of special schools 3[including the standards and the nature of services to be maintained by them,] and the circumstances under which, and the manner in which, the certificate of a special school may be granted or withdrawn.
SECTION 11: OBSERVATION HOMES
(1) The Administrator 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 Administrator is 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, he 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 Administrator may, by rules made under this, Act, provide for the management of observation homes 3[, including the standards and the nature of services to be maintained by them,] 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.
11[SECTION 12: AFTER-CARE ORGANISATIONS
The Administrator may, by rules made under this Act, provide-
(a) for the establishment or recognition of after-care organisations and the powers that may be exercised by them for effectively carrying out their functions under this Act;
(b) for a scheme of after-care programme to be followed by such after-care organisations for the purpose of taking care of children after they leave children’s homes or special schools and for the purpose of enabling them to lead an honest, industrious and useful life;
(c) for the preparation and submission of a report by the probation officer in respect of each child prior to his discharge from a children’s home or special school, as the case may be, regarding the necessity and nature of after-care of such child, the period of such after-care, supervision thereof and for the submission of a report by the probation officer on the progress of each such child;
(d) for the standards and the nature of services to be maintained by such after-care organisations;
(e) for such other matters as may be necessary for the purpose of effectively carrying out the scheme of after-care programme of children.]
SECTION 13: PRODUCTION OF NEGLECTED CHILDREN BEFORE BOARDS
(1) If any police officer or any other person authorised by the Administrator 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 a Board.
(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 Board.
(3) Every child taken charge of under sub-section (1) shall be brought before the Board within a period of twenty-four hours of such charge taken excluding the time necessary for the journey from the place where the child had been taken charge of to the Board.
(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 Board.
14. Special procedure to be followed when neglected child has parent
(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 Board for initiating an inquiry regarding that child.
(2) On receipt of a report under sub-section (1), the Board may call upon the parent or guardian to produce the child before it and to show cause why the child should not he dealt with as a neglected child under the provisions of this Act and if it appears to the Board 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 3[or a place of safety].
SECTION 15: INQUIRY BY BOARD REGARDING NEGLECTED CHILDREN
(1) When a person alleged to be a neglected child is produced before a Board, 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.
(2) Where a Board is satisfied on inquiry that a child is a neglected child and that it is expedient so to deal with him, the Board 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 Board 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 :
Provided further that the Board 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 to such period as it think 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, 3[or a place of safety] for such period as may be specified in the order of the Board:
Provided that no child shall be kept with his parent or guardian if, in the opinion of the Board, such parent or guardian is until 3[or unable] to exercise or does not exercise proper care and control over the child
SECTION 16: POWER TO COMMIT NEGLECTED CHILD TO SUITABLE CUSTODY
(1) If the Board so thinks fit, it may, instead of making an order under sub-section (2) of section 15 for sending the 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 Board may think fit to impose.
(2) At the time of making an order under sub-section (1) or at any time subsequently, the Board 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 Board, 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.
SECTION 17: UNCONTROLLABLE CHILDREN
Where a parent or guardian of a child complains to the Board that he is not able to exercise proper care and control over the child and the Board is satisfied on inquiry that proceedings under this Act should be initiated regarding the child, it may send the child to an observation home 3[or a place of safety] and make such further inquiry as it may deem fit and the provisions of section 15 and section 16 shall, as far as may be, apply to such proceedings.
CHAPTER IV : DELINQUENT CHILDREN
SECTION 18: BAIL AND CUSTODY OF CHILDREN
(1) When any person accused of a bail able or non bail able 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 5[Code of Criminal Procedure, 1973], 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) When such person having been arrested is not released on bail under sub-section (1) by the officer-in-charge of the police station, such officer shall cause him to be kept in an observation home 3[or a place of safety] in the prescribed manner (but not in a police station or jail) until be can be brought before a children's court.
(3) When such person is not released on bail under sub-section (1) by the children's court, it shall instead of committing him to prison, make an order sending him to an observation home 3[or a place of safety] for such period during the pendency of the inquiry regarding him as may be specified in the order.
SECTION 19: 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-
(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
(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
SECTION 20: 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.
SECTION 21: ORDERS THAT MAY BE PASSED REGARDING DELINQUENT CHILDREN
(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 placed 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 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, 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) Where an order under clause (b) or clause (d) of sub-section (1) is made, the children’s court may, if it is of opinion that in the interests 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 necessary for the due supervision 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.
(3) The children’s court making a supervision order under sub-section (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 condition 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.
(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 instruction contrary to the religious persuasion of the child is not imparted to him.
SECTION 22: ORDERS THAT MAY NOT BE PASSED AGAINST DELINQUENT CHILDREN
(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 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 Administrator.
(2) On receipt of a report from a children's court under sub-section (1), the Administrator may make such arrangement in respect of the child as he deems proper and may order such delinquent child to be detained at such place and on such conditions as he thinks fit:
Provided 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.
SECTION 23: PROCEEDING UNDER CHAPTER VIII OF THE CRIMINAL PROCEDURE CODE NOT competent against child
Notwithstanding anything to the contrary contained in the 5[Code of Criminal Procedure, 1973], no proceeding shall be instituted and no order shall be passed against a child under Chapter VIII of the said Code.
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