BOMBAY ACT NO. LXXI OF 1948

Mah.

2. Section 1 shall come into force at once. The rest of the Act, or any proVIsion Commence- thereof, shall come into force in any area on such date as the 4[State] Government.
may, by notification in the Official-Gazette,5[specify: , . ,..

Provided that on the commencement bf the Bombay Children (Extension and

BQMBAY,ACT No. LXXI OF 1948.1 ,( . ,.

!It[THJl,BOMBAY CmLDREN ACT, 1948].

[Received the assent of the Governor General on the 23rd day' of December 1948; assent first published in the Bombay Government Gazette, Part IV, on the 31st day

", ( of December 1948.] .

Amended by Born. 53 of 1949.
Adapted and modified by the Adaptation of Laws Order;' 1950. AiD.~ndedby Born. 23 of 1951.

, Amended by Born. 8 of 1954. ,

Adpated and modified by the'Bombay Adaptation of Laws (State and Concurrent Subjects), Order, 1956.

Adapted ,anp modified by the Maharashtra Adaptation of Laws (State"'and Con- current Subjects) Order, 1960.

Amended by Mah. 38 of 1963. " ,,31 of 1966.

" ,,54 of 1975(26-1-1986).t " 11 of 1976 (14-4-1976).t

An Act to consolidate and amend the law for the custody, protection, treatment . and rehabilitationof childrenand.youthfuloffe~ders and for the trial of '

youthfuloffendersin the ~[State of Maharashtra].

WHEREAS it 'is expedient to consolidate and amend the law for the custody, protection, treatment, and rehabilitation of children and youthful offenders and for the trial or youthful offenders in the 2[State of Maharashtra] arid 'for certain other

, 'n

purposes s~ecified herein; It is hereby enacted as follows:-

PART I

PRELIMINARY .

1. (1) This Act may be called the Bombay Children Act, 1948.

3[(2) It extends to the whole of the State of Maharashtra.]

'.J"

Short title and extent.

~i Amendmetit) Act, 1963, all the provisions of this Act (except Parts Y and'YI there- of of) shall also come ~nto force in each of the areas'in which the Central Provinces and 1963.Berar Children Act, 1928, or the Hyderabad Children Act, 19~1, was in force imme-

c. P. diately before such commencement].

and Berar

. .

1
* This Act was extended to the root of the State 4PfMaharashtra (vide Mah. 38,of 1963, s. 2).
t This indicates the date of commencement of the Act. ' ' ", '
2 Thesewordsweresubstitutedfor the words" Provinceof Bombay" by Mah. 38\of 1963,s.3. a Sub-section (2) was subsituted, ibid., s. 4.. .
, This word was substituted for the word" Provincial" by' the Adaptation of Laws, Order,

1950. , ,
6 This portion was substituted for the word" specify" by Mah. 38 of 1963, s. 5.

ActX of

1928.

Hyd. Act XXX- II of

1951.

For statement of Objects and Reasons, see Bombay Government Gazette, 1948, Part Y, page 42}.

2813

." ..

2814

Bombay Children Act, 1948 [1948 : Bom. LXXI

Savius. 3. The l[State] Government may, by notification in the Official Gazette, direct that all or any of the provisions of the Act shall not apply to any class of children or youthful offenders in the whole of the 2[State of Maharashtra] or in any particular area.

DafinitioDS.

4. (1) In this Act, unless there is anything repugnant in the subject or context-

(a) "adult" means a person who is not a child;

8[(a1)"after-care" means care during the period of release on licence of child from an Appro\1edCentre or'Approved Institution or any other institution under

this Act;

(a2) "A(ter-care Home or Hostel" means an institution established and main- tained or rebognisedunder sub-section(3) of section25 of this Act;

(a3) *" Approved Centre" means an industrial school or other educational institution established and maintained under sub-section (1) of section 25 of this Act;

(a4)*"ApprovedInstitution" meansanyindustrialschoolorothereducational institution recognisedunder sub-section(2) of section25 of this Act;]

'[(b) "begging" means begging as defined in the Bombay Prevention of BeggingBorn. Act, 1959; 7966.

(c) ""brothel" means a brothel as defined in the Suppression of Immoral ~IV

Traffic in Women and Girls Act, 1956;]
5* * * * * * :I< *

G[(e)"child" means a boy who has!not completed the age'of sixteen years, or a girl who has not completed the age of eighteen years; ., .

(ee) "Classifying Centre" means an institution established and maintained under section 27 ofthis Act;]

. (f) "dangerous drug" means any article defined as "dangerous drug" in the Dangerous Drugs Act, 1930;

(g) "final order" means an order passed by a juvenile court or any court empo- wered under section 8 to exercise the powers of a juvenile court, under the following sections, namely: 45 to 47,71 to 76, 79,81 to 84, 90 to 92, 101 and 103;

'[(h) "fit person" in relation to the care of any child means an individual who, in the opinion of the Court, is willing and fit to take proper care of a child;]

(i) "guardian" in relation to a child or youthful offender includes any person who in the opinion of the court having cognizance of any proceedings in relation to the child or youthful offender has for the time being the actual charge of, or control over, the said child or youthful offender;

(}) "immoral behaviour" includes any act or conduct which is indecent or obscene;

(k) "Juvenile Court" means a court established under section 7 of this Act; 8[(ka) *" Observation Home" means a place which has been declared by the

State Government to be an Observation Home under section 26 of this Act;]

1 This word was substituted for the word "Provincial"by the adaptation of Laws Order, 1950.

I Thesewordsweresubstitutedfor the words" Bombayarea of the State of Maharashtra" ibid.,s. 6. '

a These clauses were inserted by Mah. 54 of 1975, s. 2 (1).
. Section 61 of Mah. 54 of 1915 has been reproduced on the next page. I Clauses (b) and (c) were substitued by Mah. 38 of 1963, s. 7(1).
5 Clause (d) was deleted by Mah. 54 of 1975,s. 2(2).
. Clauses (e) and (ee) were substituted for clause (e), ibid. s. 2 (3).
7 Clause (h) was substituted, ibid, s. 2(4).
a Clause (ka) was inserted, ibid, s. 2(5).

~956.

II of 1930.

1948 : Born.LXX I] Bombay Children=~Act,1948

2814A

(l) "Place of safety" includes l[an Observation Home] or 2[any other suitable place or istitution declared by an officer duly authorized by the State Government in this behalf] the occupier or manager of which is willing temporarily to receive a child or where l[such Observation Home] or other suitable place or institution is not available, in the case of a male child only, a police station in which arrange~ ments are, available or can be made for keeping children in custody separately from other offenders;

(m) " prescribed" means prescribed by rules made under this Act;

(n) "probation of good conduct" means the release of a youthful offender on probation of good conduct on his personal recognizance. The expression' probation of good conduct order' shall,be construed accordingly;

CIV 3[(0)" prostitution" means prostitution as defined in the Suppression of Immoral of Traffic in Women and Girls Act, 1956;]

1956. (P)" society" means a body or association of individuals, whether incorporated or not;

.

(q) " supervision" means the placing of a child under the control of a ,'[*Child Welfare Officer (Probation)] or other person for the purpose. of securing proper- care and protection of the child by his parent, guardian, relation or any other fit person to whose care the child has been committed. The expression' supervision order' shall be construed accordingly;

1 Thesewords were substituted for the words" a remand home" and " such remand horoe ", respectively, by Mah. 54 of 1975, s.2 (6) (i).. .

2 These wordswere substitutedfor the words" anyother suitableplace or institution" ibid.,

s. 2(6)(ii).
3 Clause (0) was substituted by Mah. 38 of 1.963,s. 74 (2).
& These words and brackets were substituted for the words. "probation officer" by Mah. 5'*

of 1975,s. 2 (7).
. Section 61 of Mah. 54 of 1975 reads as follows :-

"61. (1) On the establishment of an Observation Home, Approved Centre and on the appoint- Construction ment of the Child Welfare Officer (probation) and Director (Welfare), for the, expression- of references mentioned in column (1) of the Table hereunder occurring in any law for the time being in force, in enact- : or in any instrument or other docuroents, there shall be substituted the expressions, respectively,ments or

mentioned against them in column (2) of the said Table. TABLE

instruments.

(1)

Fit person institution or approved place Probation Officer . . .

Chief Inspector of Certified Schools

(2) On the commencement of this Act"-

(2)

Certified School

Remand Home

Approved Centre Observ~tion Home

(a) all rights, liabilities and obligations of Certified Schools and fit person Institutions (including those under any agreement or contract) in relation to the administration of this Act; shall be deemed to be the rights, liabilities and obligations of the Approved Centres :and approved insti- tutions, repectively; ,

(b)allproceedingsandmatterspendingbeforetheChiefInspector'of Certified'SchoolsInspe- ctors and Assistant Inspectors of Certified Schools and Probation offi~s under the provisions of this Act, immediatelybeforesuch commencemensthall be deemedto \Je . proceedingsand matters pending before the Director (Child Welfare) or Deputy Director' (Child Welafare) the Assistant Director (Child Welfare) and Child Welfare Officer (probation), respectively and such proceedings and matters shall be continued and disposed of under the provisions of this Act;

(c) all proceedings or matters brought before any Court under this Act by a Probation Officer shall be deemed to be brought before such Court by the Child Welfare Officer (Probation). ..

"
. .
.. Approved Institution
.. Child Welfare Officer(Probation) .. Director (Child Welfare) .

2814B
1*i *****

(8) "youthfull offender" means any child who has been found to'have committed an offence.

(2) Words ;:lnde~pressions used and not' defined in this Act but defined in the

Code of Criminal Procedure, 1898,* shall have the meanings assigned to them in that Code.

Continuation S. For the purposes of this Act, a person shall be deemed to be a child, if at

.ofpro~d- the time of the initiation of any proceedings against him under this Act or at the

4[~~~~~~i~~ti~me of his arrest in connection with which any proceedings are initiated against child on his him under this' Act, such person 2[has not completed the age] as specified in clause (e) specifiedage.of section 4:

Provided that if duringIthe course of the proceedingsunder this Act such person

3[completes the age] specified in the said clause, the proceedings already commenced

shall be continued and orders may be passed in respect of such person under this'

Act as if such person was a child notwithstanding anything to the contrary in this Act.

6[Provisions 6. 5[(1)] The provisions of the Reformatory Schools Act, 1897, and of sections of 11~~VIIJ29B ap.d 399 of the Code of Criminal Procedure, 1898*, shall cease to apply to any

of V of '1~~8area in which Parts II to XI of this Act have been brought into operation. ~~~~

1956not 5[(2) Any youthful offender detained in a reformatory school in any area in pur-

t to app!ysuance of an order made under the Reformatory Schools Act, 1897, who continues

wht{h~tri~to be detained therein on the date on which that act ceases to apply to such area Act is shall, as from that date, be deemed to have been detained under an order made under

broug~tinto this Act as if he had been orginally ordered to be detained in 7[an Approved Centre] operat:onor and the reformatory schools in which he is detained shall be deemed to be 7[an 6[App~0~~A~pproved Centre] established under this Act and the provisions of this Act shall,

Centre]so far as may be, apply in respect of such offender, accordingly. etc.]

Bombay Children Act, 1948 [1948.: Born.LXXI

(3) The Women's and Children's Institutions (Licensing) Act, 1956, shall not CV apply to any industrial school established, any industrial school or educational of institution certified, any place declared as gran Observation Home], any institution 1956. orassociation,recognised as approved place 9[or Observation Home or Approved institution,] under this Act]

, . ., ,.,
1 Clause (r) was deleted by Mah. 54 of 1975,s.2(8). -

2 These words were substituted for the words" has not attained the age"
2 These words were substituted for the words "atains the age" ibid, s. 3 (2).
4 This word was substituted for the word" attaining, " ibid.,S 3(3).
6 Section 6 was re-numbered as sub-section (1) and sub-sections (2) and (3) were added by Mah.

38 of 1963,s. 8(1). "
6 Thismarginalnotewassubstituted ibid,s.8(2).
7 Thesewordsweresubstitutedfor the words"a certifiedschools"by Mah.54of 1975,s. 4(1). 8 These wores were substituted for the words "a remand home" and "or fit person institution,

or any voluntary home recognised," respectively, ibid, s. 4(2).
9 These words were substituted for the words" certified school, " ibid, s. 4(3).

. *See now the Code of Criminal Procedure, 1973(2 of 1974).

'

. ibid s. 3 (i).

'

Vof 1898.

VIII of

~8~} 1m

. VIII

1~97 .

1948 : BoDl. LXXI] Bombay Children Act, 1948 2815 PART II
POWERS AND FUNCTIONS 'OF COURTS HAVING JURISDICTION UNDER THE ACT.

7. For the purposes of this Act, the l[State] Government may, by notification Juvenile in the Officid! Gazette, establish one or more juvenile courts for any local area. courts.

8. The powers conferred upon a juvenile court under this Act shall, subject to Courts
the provisions thereof, be also exercisable by the following courts, whether trying empowered

any case originally, or on appeal or in revision, as the case may be- .

to exercise powers of Juvenile

courts.

Powers ofjuvenile

~~he;sC~~~ts me~tionedin sectIOn8.

(a) the HIgh Court,
(b) a Court of Session,

2* * * * * * * * * * * * *"' *

(e) a salaried Presidency Magistrate,
(f) a salaried Magistrate of the First Class.

9.
relating to lunacy or leprosy,-]

3[Saveas otherwise provided in this Act or any law for the time being in force

(1) where a juvehile court has been established for any local area, such court shall try all cases in which a child is charged with the commission of an offence and shall deal with a)1ddispose of all other proceedings under this Act, but shall not have power to try any case in which an adult is charged with an offence under Part VI of this Act; .

(2) where a juvenile court has not been established for any local area, no court

other than courts empowered under section 8 to exercise the powers of a juvenile

court shall have power to try any case in which a child is charged with the com-

mission of an .offence or to deal with or dispose of any other proceedings under this Act.

Vof 10. (1) Notwithstanding anything contained in section 239 of the Code of Nojointtrial

1898.Criminal Procedure, 1898* or any other law for the time being in force, no child

shall be charged with or tried for any offence together with an adult if a juvenile court has been established for the area where th~ trial of such case is to take place.

~9[ ,(2) If a child is accused of an offence for which under section 0239of the Code of . Criminal Procedure, 1898,* or any other law for the time being in force, such child

and the adult could, but for the provisions of sub-section (1), have been:triedotogether the CQurttaking cognizance of the offence shall direct separate trials of the child and the adult; if a juvenile court has been established for the local area the child shall be tried by the juvenile court and the adult shall be tried separately by a court having jurisdiction to try the offence. .

1~9~f 11. A juv~nile court and in a case in which a child is I.)otbeing tried jointly with .an adult, a Magistrate empowered under section 8 to excercise the powers of a

a juvenile court shall, as far as practicable and subject to the provisions of this Act,
follow the procedure prqvided by the Code of Criminal Proced).ue, 1898,* for sum- full~~edby

mary trials in summons cases in which an appeal lies. '.

juvenile courts and

magistrates courts in trials of children.

1 Thiswordwassubstitutedfor the word"Provincial"by the Adaptationof'LawsOrder,1950. 2 Clauses(c)and(d)weredeletedbyBorn.23of1951,s.2,Schedule,PartIII. .
3 These words were substituted for the words "Save as otherwise provided in this Act,-" by

Mah. 54 of 1975, s. 5.
* See lWWthe Code of Criminal Procedure,- 1973 (2 of 1974).

ofchi~dand

~t~:emarea juvenile

court exists.

Procedurein appealable

summ~nsbe

2816

Bombay Children Act, 1948 [1948 : Born. LXXI Sitting,etc. 12. (1) A juvenile court shall hold its sittings at such places, on such days and

ofjuvenilein such manner as may be prescribed. courts,etc.

(2) In the trial of a case in which a child is charged with an offence and is not being tried jointly with an adult a court shall, as far as may be practicable, sit in a different building or room from that in which the ordinary sittings of the court are held, or oil diffetentdays, or at different times from those at which the ordinary sittings of the court are held.

Adultt? be 13. In the trial 'of a case in which a child is being tried together with an adult

to~~=~~ti~ in accordance ~ith the provision~ of this Act, if the ma~istrate trying the case co~es acasetobeto the conclusIpn that the case ISa fit one for commIttal to the court of seSSIOn,

committedhe shall separate the case in respect of the child from that in respect of the adult tosessionsa.ndshalldirecttheadultalonetobecommittedtothecourtofsessionsfortrial

r

and shall proceed with the trial of the case in respect of the child notwithstanding anything in the Code of Criminal Procedure, 1898,* or any other law for the. time Vof being in force. I 1898.

Appearance 14. Notwithstanding anything contained in any law for the time being in force,

practhf~~~~a ~egal practitioner shall not. be e~titled to .appear !n. any case. or pro.ce~ding before beforea Juvel11lecourt, unless the Juvel11lecourt IS of OpI1110nthat 111publIc Interests the

juvenileappearance of a legal practitioner is necessary in such case or proceeding and courts.authorises, for reasons to be recorded in writing, a legal practitioner to appear in

such case or proceeding.

Presence?f 15. Save as provided in this Act, no person shall be present at any sitting of personsill. .1 t t

juvenilea Juvel11e cour excep - . courts.

(a) the members and officers of the court;
(b) the parties to the case before the court and other persons directly concerned

in the case including the Police Officers,
(c) such other persons as the court specially authorises to be present.

Withdrawal 16. If at any stage during the course of a trial of a case or proceeding, a juvenile

fro~f:~~: court considers it expedient in the interest of the child to direct any person including courts.the parent, guardian or the spouse of the child or the child himself to withdraw,

the court shall be entitled to give such direction and thereupon such person shall withdraw. If any person refuses to withdraw, the court may take steps to remove him.

.
I?ispensing 17. If at any stage during the course of the trial of a case or proceeding, the

a=h ~~hl~-juvenile court is satisfied that the attendance of a child is not essential for the pur- 0 I. poses of the hearing of the case or proceeding, the court may dispense with his

attendance and proceed with the trial of the case in the absence of the child.

Withdrawal 18. If at any stage during the course of a trial of a case or proceeding in relation

fofpersonsto an offence against, or any conduct contrary to, decency or morality, a child is

~h: ~w'fJsummoned as a witness, any court trying the case or holding the proceeding may examinedas direct such persons as it thinks fit, not parties to the case or proceeding, their legal witness.advisers and the officers concerned with the case or proceeding to withdraw. Such persons shall then withdraw. If any person refuses to withdraw the court may take

steps to remove h~m.
* See now the Code of Criminal Procedure, 1973 (2 of 1974).

1948 : Born. LXXI] Bombay Children Act, 1948

2817

19. (1) Where a child brought before a court under this Act has a parent or

guardian, such parent or guardian may in any case, and shall, if he can be found

and if he resides within a reasonable distance, be required to attend the court before which any proceeding is held under this Act, unless the court is satisfied that it will be unreasonable to require his attendance.

(2) The 'parent or guardian whose attendance shall be required under this section shall be the parent or guardian having the actual charge of, or control over, the child:

Provided that if such parent or guardian is not the father, the attendanee of the father may also be required.

(3) The attendance of the parent of a child shall not be required under this section in any case where the child was, before the institution of the proceedings, removed from the custody or charge of his parent by an order of a court.

20. (1) When a child who has been brought before a court under any of the provisions of this Act is found to be suffering from a disease requiring prolonged approved

medicaltreatmentorphysicalormentalcomplaintthatwillrespondtotreatmentP~~kolfjf, thecourtmaysendthechildto leanObservationHome]orto anyotherplacerecog-in~fr~~er-

uised to be an approved place in accordance with the rules made under this Act for such period as it may think necessary for the required treatment.

(2) Where a child is found to be suffering from leprosy or is of unsound mind, III oChe shall be dealt with under the provisions of the Lepers Act, 1898, or the Indian

18i~ Lunacy Act, 1912, as the case may be. 1912.

(3) Where a court has taken action under sub-section (1) in the case of a child suffering from an infectious or contagious disease, the court before restoring the said child to his partner in marriage, if there has been f>uchor to the guardian, as the case may be, shall where it is satisfied that such action will be in the interest of the said child call upon his partner in marriage or the guardian, as the caf>emay be, to satisfy the court by submitting to medical examination, that such partner or guardian will not re-infect the child in respect of whom the order has been passed.

21. For the purpose of any order which a court has to pass under this Act, the court shall have regard to the following factors ;-

(a) the character and age of the child,

(b) the circumstances in which the child is living,

(c) the reports made by the 2[Child Welfare Officer (Probation)] and.

(d) such other matters as may, in the opinion of the court, require to be taken into consideration in the interests of the child:

Provided that where a youthful offender is found to have committed an offence, the above factors shall be taken into consideration after the court has recorded

a finding against the youthful offender that he has committed the ,offence.

dangerous

~iseaseand Its future

disposal.

22. The nrPort of the3[Child Welfare Officer (Probation)] or any other report Rep<;'rtosf

.. .~rs ProvIded that If such report relates to the character, health or conduct of, or (Probation)]

the circumstances in which, the child or parent is living, the court may, if it thinks and

expendient, communicate the substance thereof to the child, or parent concerned, ~th: [ep~r~ as the case may be, and may give the child or parent an opportunity to produce ~nfid:~ti~. evidence as may be relevant to the matters stated in the report.

1 These words were substituted for the words "a remand home" by Mah. 54 of 1975,s. 6.
2 These words and brackets were substituted for the words "Probation Officer", ibid, s. 7.
8 Thesewordsandbracketsweresubstitutedforthewords"ProbationOfficer",ibid,s.8(1). 4These words and brackets were substituted for the words "Probation Officers", ibid, s. 8(2).

considered by the court.under section 21 shall be treated as confidential;
. Wellare

Attendance at court of

~hiidn~h:rged withoffence, etc.

Committalto

Factorst

bet!l;ken~to consideration

in passing ~~~~~~.bY

4[Ch 11d

jl

2818

Bombay Children Act, 1948 [1948 : BolO.LXXI Probation 23. No report in any newspaper, magazine or news-sheet of any case Ot;proceed-

on p~blicafing in any court l[under any Act] in which a child is involved shall discJose the name, ~~~ address or school or include any particulars calculated to lead to the identification addresses:of any such chil9, nor shall any picture be published as being nor including a picture

etc.of of any such child: .

in~~e~h:: Provided th~t 'fo~,reasons to be recorded in writing the court trying the case or casesof holding the proceeding may p~rmit the disclosure of any such report, if in its opinion proceedingsuch disclosure is in the interests of child welfare and is not likely to affect adversely

"[undearnythe interest of the child concerned. . ; Act.] .

Provisions 24. Except as expressly provided under this Act or the rules made thereunder, of Criminal the procedure tp be followed in the trial of cases and the conduct of proceedings

*C~l~9se under this Act ~hall be in accordance with the provisions of the Code of Criminal V of

t~ a~plYt~ Procedure, 1898.* trial of cases.

1898.

and conduct of proceed- ings under the Act unless excluded.

PART ID.

3[ApPROVED CENTRES, ApPROVED INSTITUTIONS, CLASSIFYING ~ENTRES AND OBSERVATION HOMES.]

Approved 4[25. (1) The State Government may establish and maintain industrial schools

A~:V:Sciand other educational institutions for the reception of children and youthful Institutionsoffenders.

andHAfter- (2) The State Government may prescribe conditions under which any private c~eHo~~~ industrial school or other educational institution may be recognised .as an Approved Institution for the reception of children or youthful offenders, -

(3) The State Government may establish and maintain or recognise any institution to be an After-care Home or Hostel for the reception and rehabilitation of children and youthful offenders during the period of their after-care.]

Declaration 26. The 5[State] Government may, by notification in the Official Gazette, declare .[grb~~~c:asn.y particular place as G[anObservation Home] Cprthe purposes of this Act.

tion Homes.]

Establish- 8[27. The State Government may establish and maintain Classifying Centres !TIenatndin the prescibed manner for the observation and proper classification of children

m:;~:~if~and youthful offenders committed to them under this Act.] ing Centres.

Management 28. (1)' For..the control and management of every Approved Centre or After-

ofA~~~:~ care Home or Hostel established and maintained by the State Government, After-car~a Superintendent and a Committee of Visitors shall be appointed by the State Hostelsor Government and such Superintendent and Committee shall be deemed to be the

Homesandmanagers thereof for the purposes of this Act. Approved

Institutions.

1 These words were substituted for the words "under this Act" by,Mah. 54 of 1975,s. 9(a). "These words were substituted for the words "under the Act", ibid, s. 9(b).
3 This Heading was substituted for the headirig "Certified Schools, Remand Homes and other

Institutions",ibid,s. 10. '.
4 Section 25 was substituted, ibid, s. 11.
. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. . These words were substituted for the words "a remand home" by Mah. 54 of 1975,s; 12(1). . These words were substituted for the words "Remand Homes", ibidr/B.12(2).

8 Section 27 to 30 were substituted, ibid, s. 13.
* See now Code of Criminal' Procedure, 1973'(2 oM974).

1948: Bom. LXXI] Bombay Children Act; 1948

2819

(2) Every Approved Institution and After-care Home or Hostel, recognised by the State Government shall be under the management of a governing body or managing body, the members of which shall be deemed to be the managers of the institution fot. the purposes of this Act.

29. (1) The manager of an Approved Centre or of an Approved Institution Privil~g~..

shall be consulted by the authorities of a Classifying Centre before any child is sent afd habJiltIe to it. ,. 0 managers.

(2) The managers of an Approved Institution may decline to receive any child sent to it by a Classifying Centre under this Act:

Provided that, where an Approved Institution has once accepted any child, it shall be bound to teach, train, lodge, clothe and feed him during the whole of the period for which he is liable to be detained in the institution, or until the withdrawal or resignation of the recognition of the institution.

30. Any registered medical practitioner empowered in this behalf by the State ~edi~ Government may visit any Classifying Centre, Approved Centre, Approved Institu- ~~~im of

tion or After-care Home or Hostel at any time with or without notice to its managers in order to report to the Director (Child Welfare) on the health of the inmates therein and the sanitary condition of the Centre, Institution or Home or HosteL]

31. (1) The ][State] Government if dissatisfied with the conditions, rules,

Centresng

Approv~d

Cen?,es.or InstItutions

and After- careHomes or Hostels.

Powerof

management or superintendence of 2[anApproved Institution or recognised After-care ~tate]1 Home or Hostel] may at any time by notice served on the managers of the too:f[h::~t 3[Institution or Home or Hostel] declare that the '[the recognition thereof] is with- 1'[recogni- drawn as from a date specified in the notice and on such declaration the withdrawal tion]andto

o[of the recognition] shall take effect and 6[the Institution or Home shall cease to be an Approved Institution or Home].

(2) The l[State] Government may, instead of withdrawing 7[the recognition] under sub-section (1), by notice served on the manager of the 8(Institution], prohibit the admission of children or youthful offender to the 8[Institution] for such time as may be specified in the notice or until the notice is revoked.

9[(3) The State Government, if dissatisfied with the conditions, rules, management or superintendence of an Observation Home, may at any time by notice served on the managers of that institution and after giving the managers a reasonable oppor- tunity of being heard, cancel the declaration of that institution as an Observation Home, and shall by an order in writing take over the management of the institution in the prescribed manner for a temporary period not exceeding five years or for special reasons to be recorded in writing such further period not exceeding two years as may be specified in the order.

(4) Whenever the managment of any institution is taken over under sub-section

(3), every ,person in charge of the management of such insmution immediately

before its management is taken over shall deliver possession of the property and funds

of the institution to such officer as may be authorised by the State Government in this behalf.

1. 1  This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

2. 2  These words weresubstituted for the words "a CertifiedSchoql" by Mah. 54of 1975,s. 14(l)(a).

8 These words were substituted for the word "school" ibid,s. 14(1)(b).
. These words were substituted for the words "certificate of the school" ibid, s. 14(1)(c).

5 These words were substituted for the words "of the certificate", ibid"s. 14(1)(d).

6 These words were substituted for the words "the school shall cease to be a certified school" ibid, s. 14(1)(e).

7 These words were substituted for the words "a certificate" ibid, s. 14(2)(a). 6 This word was substituted for the word "school", ibid, s. 14(2)(b).
. Sub-sections (3) to (6) were inserted, ibid, s. 14(3).

takeover managemen

10 These words were substituted for the word "Certificate", ibid, s. 14(5).

2820

Bombay Children Act, 1948 [1948 : Bom. LXXI (5) During such period as the institution remains under the management of the

State Government,- .

(a) the service conditions applicable to the employees of the institution immediately before the date on which the management was taken over, shall not be varied to their disadvantage;

(b) all facilities which 'the institution had been affording immediately before such managem~nt was taken over, shall continue to be afforded;

(c) the property 'and funds of'the institution, if any, shall continue to be available to the State Government for being utilised or, as the case may be, spent for the purposes of tb;einstitution; and ,

(d) no resolution passed at any meeting of the management of such institution shall be given effect to unless approved by the State Government.

(6) After the expiry of the period for which the management of such institution has been taken over, the State Government shall hand over the institution together with the property and the funds of the institution to the management concerned] :

Provided that before the issue of a notice under sub-section (1), 1[(2) or (3)] a reasonable opportunity shall be given to the managers of the 2[institution] to show cause why the 3[recognition] may not be withdrawn or admission the 2[institution] may not be prohibited '[or, as the case may be, the declaration of the Institution as the Observation Home may not be cancelled or the management of the Institution may not be taken over.]

Resignation 32. The managers of iran Approved Institution] may, on giving six.months' notice

co~;~~~~%intention so to do, 8[resign the recognition of the institution] and accordingly at the .expiration of six months from the date of notice, unless before that time the notice

is withdrawn 9[the resignation of recognition shall take effect, and the institution shall cease to be an Approved Institution]. '

.Effectof 33. A child or youthful offender shall not be recieved into ll[an Approved wlthw:awaIlnstitution 1under this Act after the date of the receipt by the managers of the ll[Insti- orr~~~~f tution] of anotice of withdrawal of the 12[recognition]or after the date of a notice

12[recognoi-f resignation of the 12[recognition]: ' tion].

Provided that the obligation of the managers to teach, train, lodge, clothe and feed any children or youthful offenders detained in the school at the respective dates aforesaid shall, except so far as the '[State] Government otherwise directs, continue until the withdrawal or resignation of the certificate takes effect.

1 This word, brackets and figures were substituted for the word, bracktes and figure "or (2)" by Mah. 54 of 1975, s. 14(4)(a).

. This word was substituted for the word "school", ibid, s. 14(4)(b).
3 This word was substituted for the word "certificate", ibid, s. 14(4)(c).
. These words were substituted for the words "as the case may be", ibid, 14(4)(d).
5 These words were substituted for the words "a certified school" ibid, s. 15(1).
, This word was substituted for the Word "Provincial" by the Adaptation of Laws Order, 1950. 7 Thesewordsandbracketsweresubstitutedforthewords"ChiefInspectorofCertifiedSchools"

by Mah. 54 of 1975, s. 15(2).
8 These words were substituted for the words "resign the certificate of the School", ibid, s. 15(3). 8 ThesewordsweresubstitutedfortheWords"theregisnationofthecertificateshalltakeeffect,

and the school shall ceases to be a certified shcool", ibid, s. 15(4).
10 This word was substituted for the word "certificate" ibid,.g. 15(5).
11 These words were substituted for the words "a certified school" and. "school" respectively

ibid, s. 16(1).
IS This word was substituted for the word "certificate", ibid, s. 16(2).

1948 : Bom.LXXI] Bombay Children Act, 1948

2820A

34. l[When an Approved Centre or Approved Institution ceases to be an Approved Pisposalof Centre or Approved Institution] the children or youthful offenders detained therein m.~~esofl

shall be either discharged absolutely or on such conditions as the 2[State] Govern- :~esf;:a~ ment may impose or transferred by order of the 3[Director (Child Welfare)] to some tion. '[other Approved Centre or Institution] in accordance with the provisions of this
Act relating to discharge and transfer.

35. 5[(1) The State Government may cause any Approved Institution, After- '[Inspection care Home or Hostel, Observation Home and other institutions under this Act of1\pp~oved

to be visited and inspected from time to time at all reasonable hours by the Director ~~ytutlOns, (Child Welfare) orany member of his inspecting staff for the purposes of securing the'
health and welfare of the children and the sanitation of the premises.

(2) The Director (Child Welfare) or any member of his inspecting staff or any officer authorised by the Director (Child Welfare) shall have power to enter any of the institutions mentioned in sub-section (1) at all reasonable hours and to make a complete inspection thereof and of all registers relating thereto for the aforesaid purposes.

(3) Where any of such institutions is for the reception of girls, the inspection shall, where practicable be conducted by a woman authorised or appointed by the Director (Child Welfare).

(4) If the State Government is satisfied that the management of any Approved Institution, or of any of the other institutions referred to in sub-section (1) or the accommodation for, or the treatement of, the children therein is unsatisfactory, it may cause to be served upon the person responsible for the management of the insti- tution such general or specific direction with respect to the matters aforesaid or any of them as it thinks expedient for the welfare of the children in the institution.]

(5) A direction under the foregoing sub-section may be varied by a subsequent direction or withdrawn by the 2[State] Government.

(6) Where any such direction is not complied with, the District Magistrate in the mofussil or the Chief Presidency Magistrate in Greater Bombay may, on the

complaint of any person appointed for the purpose by the 2[State] Government, cause a summons to be served upon the person in charge of the ?[Institution referred to in sub-section (1) ]and upon such other person as he may think fit and upon hearing the person summoned, may, if he thinks fit, make an order for the removal of all children from the 7[saidinstitution]. "'.

(7) The District Magistrate or the Chief Presidency Magistrate, as the case may be, may, if he thinks fit, order that the direction shall be deemed to be modified to such extent as may be specified in such order and the direction shall have effect accordingly.

(8) Any order for the removal of all children from such 8(Institution] shall operate as an authority to any person named in the order and to any police officer not below the rank of an Inspector to enter S[theInstitution] and to remove the children therein to a place of safety.

(9) Where an order has been made for the removal of all children from such 8[Institution], 8[theInstitution] shall not be used for the reception of children without the consent of the 2[State]Government.

1 The words were substituted for the words "When a schoo ceases to be a Certified School" by Mah. 54 of 1975,s. 17(1). .

2 This word was substituted for the word "Provincial" by the. daptation of Laws Order, 1950.

3 These words and brackets were substituted for the words "Ch..;f Inspector of Certified Schools" by Mah. S4 of 1975, s. 17(2).

4 These words were substituted for the words "other certified school or .fit person institution" ibid., s. 17(3).

6 Sub-sections (1) to (4) were substituted, ibid., s. 18(1).
'This marginal note was substituted, ibid., s. 18(4).
7 These words, brackets and figure were substituted for the words "voluntary home" ibid., s. 18(2). 8 These words were substituted for the words "voluntary home" and "the home" respectively

ibid.,s. 18(3). '

II e )~ s

0 a 1 ) i

'J r

(2) The State Government may, subject to such restrictions and conditions (if any) as it may impose, by order, delegate its power of appointment of officers of and below the rank of Child Welfare Officer referred to in clause (e) of sub-section (1) to the Deputy~Director (Child Welfare).]

(3) Notwithstanding anything contained in sub-section (1) or (2), a juvenile court or any court empowered under section 8 to exercise the powers of a juvenile court may, for the purposes of any particular case or proceeding, appoint any other person as 3[aChild Welfare Officer referred to in clause (e) of sub-section (1) of this section] if in its opinion such appointment is expedient or necessary.

Supervision 38. 4[AChild Welfare Officer (Probation)] in the performance of his duties under and~ont~olthis Act shall be an officer of the court, and shall be under the supervision and ofJS~~ guidance of the juvenile court, where such court exists and 5[elsewhereof the court

Officerswhich passes any order under this Act in respect of the child.] -

(Probation).] Nothing in this section shall derogate from the powers of supervision of the Chief Presidency Magistrate and the 6[Director (Child Welfare)] in Greater Bombay and the District Magistrate and the 6[Director (Child Welfare)] elsewhere.

1 Section 36 was substituted by Mah. 54 of 1975, s. 19.
8 Sub-sections (1) and (2) were substituted, ibid., s. 20(1).
3These words, brackets, letter and figure were substituted for the words "a Probatipn Officer"

ibid., s. 20(2). ,
4 These words and brackets were substituted for the words "A Probation Officer" ibid., s. 21(1); 6 Thesewordsweresubstitutedfor the portion ~ginning withthe word"elsewhere"and ending

with the words "situtated" by Bom. 8 of 1954, s. 2, Schedule, Part III.
8 These words and brackets were substituted for the words "Chief Inspector of Certified Schools"

by Mah. 54 of 1975,s. 21(2).

2820B

Bombay ChildrenAct, 1948

[1948 , 110... LXXI

Inspection 1[36. (1) Every Approved Centre shall be liable to inspection at all times and! of Approvedin all its departments by the Director (Child Welfare), Deputy Director (Child

A;;~~~d Welfare), Assistant Director (Child Welfare), Inspecting Officer (Child Welfare) or Institutions an officer authorised in this behalf by the Director (Child Welfae) and shall be so

etc: inspected at least once in a quarter of every year.

. . (2) The Director (Child Welfare), Deputy Director (Child Welfare), Assistant 'PireCtor{Child Welfare), Inspecting Officer (Child Welfare) or any officer authorised by the Ditector (Child Welfare) in this behalf shall have a right to visit arid inspect

any' of the institutions under this Act and shall be so inspected at least once in every year:' .

. Provided that, where any such institution is for reception of girls mainly and such inspection or visit is not made or paid by the Director or Deputy Director (Child Welfare), the visitor shall, whenever practicable be a woman.] ,

PART IV

OFFICERS, THEIR POWERS AND DUTIES
Appointment 37. 2[(1) The State Government may, for the purpose of this Act, appoint the

!

of Officersf.ollowing officers :-
(a) Director (Child Welfare).

(b) Deputy Director (Child Welfare). (c) Assistant Director (Child Welfare). (d) Inspecting Officers(Child Welfare).

-

(e)

(i) Child Welfare Officers (Probation).
(ii) Child Welfare Officers (Placement and Liaison).

(iii) Child Welfare Officers (Case Work).

'Th

.

1

!

-1948 : Dom. LXXI] Bombay Children Act, 1948

2~21

39. The powers and duties of the l[Director (Child Welfare), Deputy Director 8[p

Welfare) and of Child Welfare Officers (Probation)] shall be as those provided under the provisions of this Act and the rules made thereunder and in accordance with the general or special orders which the 2[State] Government or any officers authorised in this behalf, may make for the purpose of carrying out the provisions of this A~. .

PART V

MEASURES FOR THE CARE AND PROTECTION QF DESTITUTE AND NEGLECTED CmLDREN, ETC.

40. Any police officer '[or any Child Welfare Officer (Probation)] or other person

authorised in this behalf in accordance with the rules made by the 2[State] Govern-

ment may bring- ,

(i) before a juvenile court if such court is established for the area and is sitting,

(ii) if a juvenile court is not established for the area or if it is not sitting before a magistrate empowered under section 8 with the powers of a juvenile court, or

(iii) if there is no court of the kind specified in items (i) and (ii) above, before any magistrate,

any person, who in his opinion is a child and who-

(a) has no home, or is found wandering without' any settled place of abode and without visible means of subsistence, or is found begging or is found doing . for a consideration any act under circumstances contrary to the well-being of

the child;- or

(b) is destitute or is illegitimate without means of subsistence, other than that of charity, or has no parent or guardian, or has a parent ot guardian unfit to exercise or incapable of exercising proper care and guardianship, or who is not exercising proper care and guardianship; or

(c) is kllown to associate or live with any prostitute or person or persons of criminal or drunken habits; or

(d) is lodging or residing in or frequently going to a place or places used for the purposes of prostitution; or .

(e) is otherwise likely to fall into bad association or to be exposed to moral danger, or to enter upon a life of crime.

41. When any -magistrate not empowered to exercise the powers of a juvenile fourt is of opinion that a person brought before him is a child, he s~al1 record such

opinion and submit the proceedings and forward the child to the nearest juvenile court having jurisdiction in the case or where such court does not exist to the 5[SessionsJudge] to whom he is subordinate.' ..

officers.]

1 These words and brackets Wtiresubstituted for the words "Chief Inspector, Inspectors and Assistant Inspectors of Certified Schools and Probation Officers" by Mah. 54 of 1975, s. 22(1). 2 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

8 The marginal note was substituted by Mah. 54 of 1975, s. 23(2).

4 These words and brackets were inserted, ibid., s. 23.

5 Thesewordsweresubstitutedforthewords"DistrictMagistrate"byBorn.23of1951,s.2, Schedule-Part III.

H 4803-2

Children found

ho~eless, destitute,etc.

Procedure whe~

~ag~strate ~~~owered

topassorder under this Act.

2822
PoIi~eofficer, 42. If the child requiring care and protection on any of the grounds mentioned

2[~htld~:el- in clauses (a) to (e) of section 40, has a parent or guardian who has the actual charge (~~bati:) of, or control over, the child the police officer 1[or the Child Welfare Officer (proba- andautho-tion)] or other person authorised under section 40 shall, in the first instance make

rised person]a report to thQ1uvenile court established for the area or if one has not been established

tomak.cto the nearest magistrate empowered under section 8 to exercise the powers of ~h8d~;s a juvenile court or to any other nearest magistrate.

parent.

C~urtor 43. The juverlile court, magistrate, or the other court to which or whom a report

Magl:at~ is made under seytion 42, may call upon such parent or guardian to produce the child ;~~uctic;nbefore it or him in order to show cause why the said child should not during the of childby pendency ofthe proceedings, be removed from his care; and may on suitable sureties

paren!or being offered for the safety of ,such child and for his being brought before it or guardian.him, permit the child to remain in the actual charge or control of his parent or guardian, or may imm~diately order his removal, if necessary, by issuing a search

warrant for the immediate production of the child to a place of safety, if it appears to the court or magistrate that the child is likely to be removed from the jurisdiction of the :court or to be concealed. '

Examination 44. (1) The court before which a child is brought under section 40 or 41 shall

°Arlice examine the police officer 3[orthe Child Welfare Officer (probation)] or the authorised 0 ~%g~ person who brought the child or made the report and record the substance of such

producingexamination and shall, as provided in section 43, send the child to "'[anObservation or reporting.Home] for further inquiries.

. (2) On the date fixed for the production of the child or for the. inquiry or on any subsequent'date to which the proceedings may be adjourned, the court shall hear and record all evidence which may be adduced and consider any cause which may be shown why an order coqImitting the child to a 5[Classifying Centre] or to the care of a fit person should not be passed and make any further inquiry it thinks fit.

Cofl11!1ittal45. 6[(1) If the court is satisfied on enquiry that such person is a child and is

7 c[ ch.\!

shorter period to be stated in writing.]

(2) The court which makes an order committing a child to the care of a relative or other fit person may, when making such order, require such relative or other person to execute a bond, with or without sureties, as the court may require, . to be responsible for the good behaviour and well-being of the child and' for the observance of such other conditions as the court may impose for securing that the child may lead an honest and industrious life. '

(3) The court which makes an order committing a child to the care of a relative or other fit r;erson under this section may in addition order that he be placed under supervision for any period not exceeding three years:

1 These words and brackets were inserted by Mah. 54 of 1975, s. 24(1). ,2 These words and brackets were inserted, ibid., s. 24(2). .

3 These words and brackets were inserted, ibid., s. 25(1)(a).
, The words were substituted for the words "a remand home" ibid., s. 25(1)(b). 5 These words were substituted for the words "Certified.school" ibid., s. 25(2).

6 Sub-section (1) was substituted, ibid., 26(1).
7 These words were substituted for the words "Certified School." ibid., s. 26(3).

Bombay Children Act, 1948 [1948 : Born. LXXI

1948 : Born. LXXI] Bombay Children Act, 1948

2823

Provided that when the Court thinks fit, it may, allow such child to remain in the custody of a parent or guardian with a direction that he be placed under super- vision, on such parent or guardian executing a bond with or without sureties in a prescribed form, and the court may from time to time during the supervision period adjourn the case and compel and production of the child in court to satisfy itself that the conditions of the said bond are being carried out:

Provided further that' if it appears to the court on receiving a report from the l[Child Welfare Officer (Probation)] or otherwise, that there has been a breach of the supervision order it may, after making such inquiries as it deems fit, order the child in respect of whom the supervision order has been made 2[to be detained in a Classi- fying Centre] or committed to the care of a fit person.

46. (1) In the case of a child whose ordinary place of residence lies outside the

jurisdiction of the court before which it is brought, the court may, if satisfied after

due in9.uiry that it is expedie~t so to do! ~end the c~ild <;)1h1is ?wn"~ond back to a-relative or a fit person who ISfit and wIllIngto receIve hIm at hISnative place and

exercise proper care and control of him.
(2) Any breach of the said bond shall render the child liable to be committed to

a 3[Classifying Centre] or to the care of another fit person.

47. (1) Where the parent or guardian of a child complains to the juvenile court or if a juvenile court is not established for the area to a Magistrate empowered under section 8 to exercise the powers of a juvenile court that he is not able to control his child, the court or Magistrate, as the case may be, if satisfied on inquiry that the case appears to be one of which cognizance should be taken, shall remand the child for observation or treatment and order any further inquiries necessary.

(2) If the court or Magistrate is satisfied that it is expedient so to deal with the child under this Act, the court or Magistrate may order the child to be 4.[Committed to a Classifying Centre if the child is a boy, till he completes the age of 18 years, and if the child is a girl, till she completes the age of 20 years.]

(3) The court or Magistrate may also, if satisfied that home conditions are satis- factory and what is needed is supervision, commit the child to the care of the person or guardian or relative or any other proper person under a bond with or without sureties and place him under supervision for a period not exceedini three years.

PART VI
SPECIAL OFFENCES IN RESPECT OF CmLDREN

48. . (1) Whoever having the actual charge of, or control over, achild. wilfully Punishment

assaults, ill-treats, neglects, abandons or exposes him or causes or procures him to be ~or~f3lty assaulted, ill-treated, neglected, abandoned or exposed or negligently fails to provide 0 C 1 ren.

adequate food, clothes or medical aid or lodging for a child in a manner likely to caw,e such child ,unnecessary mental and physical suffering shall, on conviction, be punished with imprisonment of either description for a term not exceeding two years or with fine which may extend to one thousand rupees or with both: .

Provided that in case of married juveniles the court trying the offence under this section may sanction its composition for, reasons to. be recorded in writing:

5[provided further that, in cases where such assault results in maiming the child, such. imprisonment shall; in the absence of special and adequat~ reasons to the contrary to be mentioned in the judgement of the Court, be not less than six months and not more than ten years.]

lThese words and brackets were substihltedfor the words "Prob;;ti~n ciffi~r"; by Mah.-S4-"6f 1975,s. 26(2)(a).

2 Thesewordsweresubstitutedforthewords"tobedetainedinacertifiedschool"ibid.,s.26(2)(b). 3These words were substituted for the words "Certified School" ibid., s. 27.
4 These words and figures w~re substituted for the words "committed to a Certified School, or

a fit~person institution" ibid., s. 28.
B This proviso was inserted ibid., s. 29.

Se!lding

~e~ide~ce outside

jurisdiction.

Unc°l!-trola- blechIldren.

'I 2,

r

Bombay Children Act, 1948 [1948 : Bom. LXXI (2) The infliction of reasonable punishment on a child for a proper reason shall

not be deemed to be an offence under this section.

Employing 49. Whoever employs any child for the purposes of begging or' causes any child chilqrento beg or whoever having the custody, charge or care of a child connives at or forbeggInge.ncouragestheemploymentfor.thepurposeofbeggingorthecausingofachild to beg and whoev~I uses a:child as an exhibit for the purpose of begging shall, on conviction, be punished with imprisonment of either description l[for a term which

shall, in th,eabsence of special and adquate reasons to the contrary to be mentioned in the judgment of the Court, not be less than six months and not more than five years and fine which shall not be less than three hundred rupees.]

2824

Penaltyfor
beingdru~ka building or n~t, while having the charge of a child, and if such person is incapable

50. If ;lny person is found drunk in any public street or other pu blic place, whether h'htlef by reason of his drunkenness of taking due care of the child, such person shall, on

;hiid~:t~c.onviction, be punished with fine which may extend to two hundred rupees. I

Penalty 51. Whoever in any public street or other public place, whether a building or . for.giv!ngnot, gives or causes to be given to any child any intoxicating liquor or dangerous mtliXl:~~~drugs except upon the order of a duly qualified medical practitioner in case o( sick-

da::!gerounsess or other urgent cause shall, on conviction, be punished with fine which may drugto child.extend to two hundred rupees.. .

Penal~yfor 52. Whoever takes a child to any place where intoxicating liquor or dangerous chi~~~~~~~drugs are sold or whoever being the proprietor, owner or a person in charge of

placeswheresuch place permits a child to enter such place or whoever causes or procures a child liquoror to go to such place shall, on conviction, be punished with fine which may extend to

da~geroustwo hundred rupees. ' ~~~

.

.Inciting 53. Whoever by words either spoken or written or by sign, or otherwise, incites childto bet of ilttempts to incite a child to make any bet or wager or to enter into or take any or borrow.share or interest in any betting or wagering transaction or so incites or attempts to

incite a child to borrow money or to enter into any transaction involving the borrow- ing of money shall, on conviction, be punished with imprisonment of either descrip- tion for a term which may extend to one month or with fine which may extend to one hundred rupees or with both.

Takingon 54. Whoever takes an article on pledge from a child, whether offered by that

ple~geo.r child on his own behalf or on behalf of any person shall, on conviction, be punished pur~~cie~with imprisonment of either description for a term which may extend to one year fromchild.or with fine which may extend to five hundred rupees or with both.

AIlowi!1o~r 55. Whoever allows or permits a child over the age of four years to reside in

pernuttmgor frequently g~ to a brothel shall, on conviction, be punished with imprisonment

f~lb~;fh~of either description for a term which: may extend to two years or with fine which . may extend to one thousand rupees or with both.

Causingo.r 56. (1) Whoever having the actual charge of, or control over. a girl under the age

en~d~~7~~gof eighteen. y~ars causes or et,lcourages the .sed~ction (whic~ shall include inducement etc: to indulge In Immoral behavIOur) or prostItutIOn ofthat gIrl or causes or encourages anyone other than her husband 2[* * * * to sexual intercourse with her shall, on conviction, be punished with imprisonment of either description for

a term which may extend to two years or with fine which may extend to one thousand rupees or with both.

1 These words were substituted for the words "for a ten;n which may extend to one year or with fine which may extend to three hundred rupees-or with both" by Mah. 54 of 1975, s. 30.

2 The words "providedhis wifehas attainedthe age of fourteenyears" weredeletedby Born. 53 of 1949, s. 2. First Schedule.

1948 : Born. LXX}] Bombay Children Act, 1948 2825

(2) For the purposes of this section' a person shall be deemed to, have caused or encouraged the seduction of a girl or to have induced her to behave immorally if he has knowinglyallowed the girl to consort with or to enter or coD.tinuein the employment of any prostitute or person of known immoral character. .

57. Whoever seduces or indulges in immoral behaviour with a girl under the age of eighteen years shall, on conviction, be punished with imprisonment of either description for a term which may extend to two years or with fine which may extend to one thousand rupees or with both.

58. If it appears to a court on the complaint of any person that a girl under the
age of eighteen years is with or without the knowledge of her parent or guardian, 'e~posedto

expos~dto the ris~ of seductio~or prostituti<;mt,he court may direc.t.theparent or ~~~u~~on, guardIan to enter Into a recogmsance to exerCIsedue care and superVlSlonm respect etc.
of such girl.

59. (1) Whoever secures a child ostensibly for the purpose of menial employ-

ment or for labour in a dock, factory or other establishment, but in fact exploitS'the child for his own ends, withholds or lives on his earnings, shall, on conviction, be

punished with fine which may extend to one thousand rupees.

(2) Whoever secures a child ostensibly for any of the purposes mentioned in sub-section (1) but exposes such child to the risk of seduction, sodomy, prostitu- tion or other immoral conditions, shall, on conviction, be punished with imprison- ment of either description for a term which may extend to two years or with fine which may extend 'to one thousand rupees or with both.

(3) Any person who avails himself of the labour of a child exploited in the manner

referred to in sub-section (1) or (2) or for 'whose immoral gratification such child is used shall be liable as an abettor.

60. Whoever-

Expl

of c~tId empoyees.

(a) knowingly assists or induces, directly or indirecly, a child detained in or
placed out on licence l[from a Classifying Centre, Approved Centre or Approved ~hiid~~ Institutipn to escape from such Centre, or Institution] or from any.person with youthful whom, as the case may be, he has been placed out on licence, or any child to escape offender. from the person to whose care he has been committed under the provisions of
this Act, or

(b) knowingly harbours, conceals, connives at or prevents from returning 2[to any such Centre or Institution] or to any person with whom he is placed out on licence or to whose care he is committed under this Act, a child who has'so esc~ped or knowingly assists or connives at so doing '.

shall, on conviction,be punishedwith imprisonmentof either descriptionfor a term

which may extend to three months or with fine which may extend to five hundred \ rupees or with both. . ..'

61. Whoever uses or knowingly permits to be used S[any institution referred to Penaltyfor in section 35 in contravention of that section] shall, on conviction, bb punished with use of.

fine which ~ay extend to five hund~ed ru~ees an~, to. a furt~erfitie not excee~ing ;~~i:~~ns] fifty rupees m respect of each day durmg WhIChthemstItutIon ISso used or permItted in contraven- to be used after the conviction. tionof

1 These words were substituted for the words "From a certified school or a fit person institution to escape from the school or fit person institution" by Mah. 54 of 1975, s. 31(1).

2 These words were substituted for the words "to.a school or fit person institution" ibid., s. 31(2).

3 These words and figures were subsituted for the words and figures "any voluntary home in contravention of the provisions of section 35" ibid., s. 32(1).

. These words were substituted for the words "voluntary home" ibid., s. 32(2). (OCP)P.ubIIH4803-30084-9-87)

Seductionor outrageof - modesty.

Younggirls

Penaltyfor

abettingf

section35.

'\

child:t apparently under the age of eighteen years] is arrested on a charge of a non-bailable arrest offence and cannot be brought forthwith before a 'Court, the officer-ill-charge of the

1'olicestation, or section to which such boy or girl is brought may, release the child on bail, if sufficient security is forthcoming but shall not do so where the release of the child shall bring him into ,association ,with any r~puted criminal or. expo~es him

to ~oral danger or where his release would defeat the ends ofjusti~e.

Powerof '3[64A. Wh~re a boy appareq.tly under the age of sixteen years and a girl

refus;~~~~:~ apparently under the age of eight~n years is arrested on a charge of a non-bialable certaincases.offence and is brought before a court, the court shall not release the child on bail

if such release is likely to bring the child into association with any reputed criminal or sJiall expose him or her to moral danger or where his or her release would defeat the ends of justice.] ,

~ustpd,. of 65. (1) Where a boy 4* * apparently under the age of sixtee,nyears 5[ora girl

/

ttt:~::: 0 ~uardian.

.' 67. Where theibhild is arrested, the officer-in-charge~f the police station or sectiomto which he is brought shall cause the parent or guardian of the child, if he can be found to be summoned at the court before which the child will appear.

1 The 'words "or a girl" were deleted by Man. 54 of 1975, s. 33(1). 2 These words were inserted, ibid., s. 33(2).
8 Section64A was inserted,ibid.,s. 34. .
. The words "or. a .girl" ,were deleted, ibid., s. 35(1).

I These words were inserted, ibid., s. 35(2). I Section66 was substituted,ibid.,s. 36,

.

children. C:>ffences.', 63~ f

All offencesunder this Part shan be cognizable. .

under this f. part"

.

cognizable.

Bail of

64.

Where

~ boy

,

PART VII

YOUTHFUL OFFENDERS

1* * apparently 'under the

age- of

sixteen

years

2[or a girl

2826

Bombay Childrett Act, 1948 ll948 : Bom. LXXI Penaltyfor 62. Whoever publishes any report or picture in contravention of the provisions

pubpcatiolL,~s£ection 23 shall, on' conv~ction, be punished wi~h impriso~ent of either descrip- oropi~~~::bon fO!,aterm not ~xceedIng two months or wIth fine which may extend to five relatingto hundred rupees'or WIthboth, '.

cI::fdren~ot appat;ently under the age of eighteen years] having been arrested is not released under e arg b~l sectio~ ,64: or otherwise, t~e °!'ficer-in-cha~ge of the polic~ station or section shall

.

. cal,Jse hIm or her to be detained In the prescrIbed manner until he or she can be brought beforea juvenile court or a court empowered under section 8 to exercise the powers

of a j~yenilecourt. . .

(2) A court, on remanding or committing for trial a child who is not released on bail, shall order him to be detained in the pr~scribed manner.

., .

Duty of ,. 6[66. Immediately after the arrest of a child, it shall be the duty of the police Policeofficeror any other person effectingthe arrest to inform the Child Welfare Officer

O~~fietc"(Prob~tion) and ,Officer-in-chargeof an Observation Home, of such arrest in order 0 ~r~~htto enable the said Child Welfare Officer,(Probation) and officer-in-chargeof the officersafterObservation Home to proceed fo'rthwith in obtaining information regarding his

arres~of antecedents and family history and other material circumstances likely to assist the chdd.juvenile court in makin~ the final order.]

... ;:J

~

~

1948'.:Bom. LXXI] Bombay Children Act, 1948
68. (1) Notwithstanding.anything to the contrary contained in any law,\ no Sentenees

youthful offender shall be sentenced to death or transportation or imprisonment. that may not be

(2) When a child is found to have committed an offenceof so serious a nature that ~hild~on the court is of opinion that no punishment, which under the provisions of this Act
it is authorised to inflict is sufficient or when the court is satisfied that the child

is of so unruly or of so deprived a character that he cannot be committed to l[Classi- fying Centre] or detained in a place of safety and that none of the other methods in which the case maybe legally dealt with is suitable, the court shall order the off- ender to be kept in safe custody in such place or manner as it thinks fit and shall report the case for the orders of the 2[State] Government.

69. Save as provided in this Act, the"iwords "conviction".. and "sentence" Expressions shall cease to be used in relation to children dealt with under this Act and any refer- " convic- ence in any enactment to a person convicted, a conviction or a sentence shall in the Hon" and" case of a child construted as including reference to a preson found guilty of an offence, n~:~beb~

a finding of guilty or an order made upon such a finding, as the case may be. .

70. Notwithstanding anything to the contrary contained in the Code of Criminal
Vof Procedure, 1898*, no proceedings shall be instituted and no order shall be passed 1898.againstachildunderChapterVIIIofthesaidCode. Cap~erV.I

3[71. Where a child is found to have committed an offence, the court, if satisfied Commitme on enquiry that it is expedient so to deal with the child, may order rum to be ofchildor committed to a Classifying Centre for such period of detention as will not, subject y~thJul t
to the provisions of section 5, extend beyond the time in the case of a boy when~I:~i;~n~

he completes the age of eighteen years and in the case of a girl, when he completes the age of twenty years, or in exceptional cases for a shorter period, the reasons for such shorter period to be recorded in writing.]

72. A Court may, if it shall think fit, instead of directing any youthful offender 4[to be detained in a Classifying Centre under section 71]-

(i) order him to be discharged after the admonition;

(ii) without passing any final order, direct that he be released on probation of good conduct and committed to the care of his parent or guardian or other adult relative or other fit person of such parent, guardian, relative or person executing a bond, with or without sureties, as the court may require, to be responsible for. the good behaviour and well-being of the youthful offender for any period not exceeding three years and for the observance of such other conditions as the ccmrt may impose for securing that the youthful offender may lead an honest and industrious life; . .

(iii) if the offence committed by the youthful offender' is punishable with fine and the youthful offender himself is over the age of fourteen years, order the offender to pay a fine.

. ~-----

Centre.

Otherorder of the Court

1 These words were substituted for the words "a certified school" by Mah. 54 of 1975,s. 37.
2 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

3 Section 71 was substituted by Mah. 54 of 1975, s. 38.

os "to be detained in a certified schoolorcommittedto.thecareofafitpersonistitutionund--. section71"ibid.,s.39.

...See now the Code of Criminal Procedure, 1973 (2 of 19T1). H 4S03-3a

4 These words and figur8S were substituted for the words and "

2827

.usedin relationto children.

No proceed

ingunder
h I]

0f cnmma I Procedure Code againsl child.

2828 Bombay Children Act, 1948 [1948 : Born. LXXI

Repatriation. 73. (1) In the case of youthful offender ",hose ordinary place of residence lies outside the jurisdiction of the court before which he is brought, if the court is satisfied after due inquiry that it is. expedient so to do, the court may send the youthful offeft,deron his own bound back to a-relative or a fit person, who is fit and willing to recei""~him at his native place and-exercise proper care and control of him; notwithstan:dirig the fact that the youthful offender has to be sent to a place

'outside the l[State]. ' .

. (2) 'Any bteacp of the said bond shall render the youthful offender, if

ord~~~:;e~~ 74. (1) Where the offence committed is punishable with fine and if the youthful to payfineoffender is uilder fourteen years of age, the court shall order that the fine be paid by etc.,insteadthe parent or guardian of the cpild, unless the court is satisfied that the parent or of child.guardian cannot be found or that he has not conducted to the commission of the

offenc,e by neglecting to exercise due care of th~ child. .

(2) An order under this section may be made against a parent or guardian who, having been required to attend, has failed to do so, but save as aforesaid, no such order shall be made without giving the parent or guardian an opportunity of being heard.

(3) Where a parent or guardian is directed td pay a fine under-this section, ~the amount may'be recovered in accordance with the provisions of the Code of Cr-iminal

. Procedure, 1898*.

Releashr~ 75. The court shall wherever possible order that the youthful offender released ~ff:dersunder section 72 be placed under supervision:

l!-~der Provided that if it appears to the court on receiving a report from the 3[Child supefVlSlOWn.elfare Officer (Probation)] or otherwise, that the youthful offender has not been of good .behaviour during the period of supervision, it may proceed to pass such final order as it would have done had it not placed the y6uthful offender on pro-

bation of good conduct. .
Postpo~e- 76. Notwithstanding anything containyd in the foregoing provision, the court

mentd,!emay adjourn the case ofa youthful offender sine die, and may re-open at the stage Ie.of the proceedings at which it was left when adjourned, on additional grounds or

material being placed before the Court.

J

Court 77.

e::;~~::~i:be la~ful to the court t<;>exe~c~se.its powers under any ~>neor more ,?f the f

underoneof the offender. or more of . proceeding
provisions. .

'

In passing an order in respect of a youthful offender under this Part, it shall

PART VIII.

MEASURE FOR DETENTION ETC. OF,CHILDREN AND YOUTIIPUL OFFENDERS

Dete!1ti~n 78. (1) Any police officer, not below the rank of sub-inspector 4[or Child Welfare

of c~~ ~f Officer, (Probation) or a police officer or a; person authorised in thi~ behalf in psafetyaccordancewithrulesmadebythe5[State)cGoverlll11,enmtaytake"toaplaceofsafety . any child in respect of whom an offence has been, or there)s reason to befieve,has

been, or is likely to be committed. ' .

~Thisword was substituted for the wofcf"'ProVlnce" by the -AdaptatIon of LawsOrder,-1950' 2 These words were substituted'for the words "Certified school" by Mah. 54 of 1975, S. 40.
3 These words and brackets were substituted for the words "Probation Officer" by Mah. 54 of

1975,s. 41. .
4 These words and brackets were inserted, ibid., s. 42.
5 Thiswordwassubstitutedfortheword"Provincial"bytheAdaptationof'TIawsOrder,1950. * See now the Code of Criminal Procedure, 1973(2 of 1974).' .

'-

1948~Bom.LXXI] Bombay ChildrenAct, 1948
(2) A child so taken to a place of safety and also any child, who seeks refuse in

a place of safety may be detained until he can be.brought before the Court:

Provided that such detention shall not in the absence of a special order of the -court exceed.a period of twenty-four hours exclusive of the time necessary for the

journey from the place of detention to the court.
(3) The court may thereupon make such order as hereinafter provided.

79. (I) Where it appears to the court that an offence as stated in section 78 Court's

has been committed or is likely to be committed in respect of any child who is ~~~ed/0: brought before it and that it is expedient in the interests of the child that action tionof~hild. should be taken under this Act, the court may make such order as circumstances
may admit and reqt\ire for the care and detention of the child untilareasonable time

has elapsed for the institution of proceedings against the person for having committed the offence in respect -of the child or for the purpose of taking such other lawful action as may be necessary.

)

(2) The order of detention made under sub-section (1) shall remain in force until such time as the proceedings instituted against any person for an offence referred to in sub-section (1) terminate in either conviction, discharge or acquittal:

Provided that, if the proceedings terminated in conviction of the person, the order of detention shall remain in force for a further period of one month:-

(3) On order passed under this section shall be given effect to, notwithstanding that any person claims the custody of the child.

80. Any court by which a person is convicted of having committed an offence Vi?timised

in respect of a child, or before which a person is brought for trial for any such offence Chl\dtto be or by which I!-person is bound over to keep the peace towards a child shall direct ~~~enile that the child agaim;t whom the offence has been committed, or in relation to the Courtor

allegedoffenceagainstwhomthetrialisinprogress,orinrelationtokeepingthe2[Fir~Ctlass peace towards whom the adult concerned has been bound over shall be produced MagIstrate.1 before a juvenile court with a view to that court making such interim and final, orders
as may be proper, provided that in an area where no juvenile court has been esta-

blished, l[the Court if it is not competent to exercise the powers of juvenile court under section 8 shall submit the proceedings aI1d forward the child to the salaried First Class Magistrate.]

81. The court before which a child is produced in accordance with section 79 Order.for may order the child in the prescribed manner- c?~m!ttalof

, vlctJmlsed (a) to be committed 3[to a Cl,!ssifying Centre until the child, if he is a boy children.

comp~etes the age of eighteen years and if she is a girl, completes the age of twenty years] or in exceptional cases for a shorter period the reasons for such shorter period to be recorded in writing, or .

(b) to be committed to the care of a relative or other fit person, on bond, with or without surety as.the court may require, such relative or fit person being wHling and capable of exercising proper care, control and prote'ctiqn of the child and of observing such other conditions, including, where necessary supervision for any period not exceeding three years, as the court may impose in the interest of the child:

--. . ~._.

1 These words and figures were substituted for the words beginning with the words "the Court shall submit" and ending with the words "it is subordinate" by Born. 23 of 1951, s. 2, Schedule.

s These words were substituted for the.words "District Magistrate", ibid, s. 2 Schedule-Part III.

s These words were substituted for the words "to a certified school or fit person institution, until scuh child attains the age of eighteen years" by Mah. 54 of 1975,s. 43.

2829

Chl ldren.

" I. t at, e e,p~ce, un er superyision.

, .'-- j,

2830,

Bombay Children Act, 1948 [19i:t8: Bom. LXX I

, Provided that, iCthe child has a parent or guardian, fit and Capable, in the opinion of the court, of exercising proper care, control and protection, the court may allow th,e child to remain in his custody or may commit the child to his care on botld, with or WitJ:lOutsurety, in a prescribed form and for the observance of such conditions as tl,1ecourt may impose in the interest of the child. .

SuI?C~ion 82. The court which makes an order committing a child to the care of his parent,

of vlc t!flllS

ed guardian or other fit person under the foregoing provisions may in addition order

hhbl dd .,I'

Btea~~of 83~" If it 'appears to the court on receiving a report from the l[Child Welfare supervISionO.fficer(Probation)]orotherwise,thattherehasbeenabreachofthesupervision orde.r ~latingto' the child in respect of whom the supervision order had been passed,

innay- after'makitl8 such inquiries as it deems fit, order the child'to be 2[detained in

a passif~~(Centre or to the care of a fit person]. ' ;1\,,1":",,;, . - ,

ReP!lt~ia~ion~. (l)-In the case pf a child, the ordinary place of whose resideru;,e.isoutside of vlctlm~~ tbe jurisdiction of the court before which he is produced if the court is satisfied

c . after due in4ufry that it is expedient so to deal with the child, the court may order the'ehild la-be sent on his own bond back to a relative or a fit person who is fit and willing to receive him at his native place and exercise proper care and control of hi~,potwith~~andiqg the fact that the plac~ of residety;e of such child ~ay, beat any place outside .the 3[S~te]. 'i. ".. ' "

(2) For breach of a bond taken under sub-section (1) the child shall be liable to be conitriitted to a 4[Cla:ssifyingCentre] or to the care of a Ifit person if found again in the 3[State]. '

~eas°x:.d~. ,85.. .The reasons for every order made. under -sections,8! to 8~ shall be recorded fuf'orderIn WrItIngand'may be made by the court In the absence of the chIld.

under sections81

~~, ' Orderunder 86. Where an order is made under sections 81 to 84 and the conviction' or order

:ec~~fs ~ binding the 'person. to ke~p the peace is ~et.aside or the person is acquitted, ,the order 0 in ~rce made under the said sectIonsshall remaIn In force but It shall be open to ,the person

evenif so,acquitted or discharged from his.bond to keep the peace to apply for a reconsidera-

80nvictionof lion. of the Sflidorder in consequence of the altered circumstances. alleged victi-" , ...

misation is set aside.

W!,-rqrntto 87. (1) If it appears to a juvenilecourt or any other court duly empoweredunqer

~:

~~Adrthis Act from information on oath or soleman affirmation laid by any person, who, .in its opinion, is acting in the interests of the child,-that there is reasonable Cl1useto suspect that an offence has been. or is being committed or unless immediate steps he"taken will' be co mmitted in respect of the child, the 'court may issue a warrant

authorising anY police officers named therein to search for suchcnild and if it is foul)d that he has been or is being wilfully ill-treated or neglected in manner Aforesaid or that ap.yoffence has been or is being committed in respect of the child ,totaKe him to anddetaUj,him in a place of safety until he can be brought before it and the court before whomt~echild isbr~mghtmayinthefir~tinstance5[remandhimtoaplaceofsafety].

,

, LThese-words and bl'a(;kets were substitUted for the words "Probation Officer" by Mah.54 of 1975, s. 44(1).

I These words were substituted for the words "detained in a certified school or to the care of a fit person" ibid., s. 44(2).

3 This word was substituted for 'the word "Province" by the Adaptation of Laws Order, 1950.

."~ese-words were substituted for the Words "certified school" by Mah. 54 of 1975, s. 45. ,,5These words were substituted (or the words "remand bim in prescribed mariner:to a place of

safety" ibid., s. 46. .\ . '.'

-

90. (1) The court which makes an order for the detention of a child qr youthful. Contribution offender in a 5[Classifying Centre] or for the committal of a yhild or yo,uthfuloffel1der of parents. to the care of a relative or other fit person may make an order for the parent,or other
person liable to maintain the child, or youthful offender, to contribute to his main-

t~nance, i~~~le to do so, .iu the prescribed m~nne~ .
1 Theses words and brackerts were substituted for the words" Probation Offictr " by Mah. 54 of

1975,s. 47(1).
2 Thesewordsweresubstitutedforthewords" aremandhome" ibid.,s.47(2). "
3 These words and brackets were substituted for the words" Probation Officer "'!l11d.~'a remand

home" respectivelyby Mah. 11of 1976,SecondSchedule. . " . "".'-','"

4 This portion was substituted for the portion beginning with the words" Notwith'standing any-

thing contained in tIns Act" and Guding with the words" not less than two years" by Mah. S4 of 1975, s. 48.

1948 :: Dom. .LXXI] Bombay Children Act, 1948

2831

(2) The court issuinga warrant under this section may in its discretionby the samt warrant direct that any person accused of any offence in respect of the child be apprehended and brought before it, or direct that, if such person executes a bond with sufficientsureties for his attendance before the magistrate at a specifiedtime and thereafter until otherwise directed by the magistrate, the officer to whom the warrant is directed shall take such security and shall release such person from 'custody. .

(3) The police officer executing the warrant shall be accompanied by the 'Person laying the information if such person so desires and may also, if the magistrate by whom the warrant is issued so directs, be accompanied by a duly qualified medical practitioner. .

"

, ,r,..

(4) In any information or warant under this section the name of the child shall be given if known. .

88. (1) It shall be the duty of a police officer immediately after effecting the Information arrest:of a child to inform a 1[Child Welfare Officer (Probation)] and officer-in- to 8[ChiId

chargeof2[anObservationHome]for the purposestatedin section66. , ';jff1fare

(2) It shall be the duty of any other person effectingsuch arrest to inform a l[Child (Pro~~tion)J Welfare Officer (probation~] and officer-in-charge of 2[an Observation Home] for andofficer-

the like purpose as provided in section 66.

(3) The juvenile court for the purpose of such inquiry may, remand the child even in his absence from time to time for a period of not more than fourteen days at a time until available information has been obtained.

PART IX
MAINTENANCE AND TREATMENT OF COMMITTED CHILDREN

89. '[Notwithstanding anything contained in this Act, the period of detention in the case of a boy under the age of fifteen years, and in the case of a girl under the age of seventeen years shall be such as will result in the boy being detained until he reaches the age of eighteen years, and the girl being detained until she completes the age of twenty years:

Provided that the period of detention, in the case of a boy of over fifteen years of age, shall be not less than two years, and in the case of a girl of over seventeen years of age, shall be not less than two years :]

Provided further that where special circumstances exist and the interest of the child so demands, it shall be open to the court for reasons to be,recorded'in:writing, to pass an order for a shorter period of ,detention. I '

in chargeof

~:r tio HO~erbY n police or any person effecting arrest.

Periodof detention.

5 These words were substituted for the words" certified school" ibid.,s. 49.

" '

2832

Bombay 'ChildrenAct, 1948 [1948 : Born. ,LXXI

(2) "The court before making any order under sub-section (1) shall inquire into the circumstances of the parent or other persoQ liable to maintain the youthful offender or child and shall record evidence, if any, in the presence of the parent or such other person as thec..as!' may be;

(3) AQ)'.o.,ider made uD;derthis section .may be varied by the court on an application made to.lt by the party lIable or otherwIse. '

(4) The per,sonliable,to maintain a child or youthful offender shall for the purposes of sub-seCt~on(1) include in the case of illegitimacy his putative father:

Provicle(f tHat where- the child or youthful offender is illegitimate and an order for his maintenance has been made under section 488 of the Code of Criminal

v of Procedure, 1898,* the court shall not ordinarily make an order tor contribution 1898.

against tbe putative' father but may _order the whole or any part of the payments accruing due under the said order for maintenance to such person or persons as may be named to be applied by hioi or them, as the case may be, towards the main- tenance of the child Qryouthful offender.

(5) Any order under this section may be enforced in the same manner as an order v of

un~er section 488 of the Code of Criminal Procedure, 1~98.*"

Provisi.o~as 1[91. (i) In determining the Approved Centre, Approved Institution or other to reltgl~n.person to whose custody a child is to be committed or entrusted under this Act, the Classifying Centre or the court shall ascertain the religious denomination of the child and shall, if possible, in selecting such Approved Centre, Approved Institution or other person have regard to the facilities which are afforded for instruction in his

religion.

(2) When a child is committed to the care of an Approved Centre or Approved Institution in which facilities for instruction in his religion are not afforded, or is entrusted to the care of a fit person or other person under circumstances in which it appears that no special facilities for bringing up of the child in his religion exist, the authorities of such Approved Centre or Approved Institution or such fit person or other person shall'not bring up the child in any religion other than his own. .

(3) Where it is brought to the notice of the Director (Child Welfare) or of the court . that a br~ach of sub-section (2) has been committed, it shall be open to the Director (Child Welfare) or the court to transfer the child from the custody of such institution

or person.]. .

Placi!1gout 92. 2[(1) Subject to the prescribed conditions, the Director (Child Welfare) may on Itcence.at any time after the expiration of six months from the commencement of the detention of a child in an Approved Centre or Approved Institution and on the

. recQ~eriaation of the visitors or managers of the Approved Centre or Approved Institution or on application by a parent, other relation or guardian, reinforced by local inquiries made through the Maharashtra State Probation and After-care Asso- ciation, or otherwise, release such child from the Centre or Institution and grant him a written licence in the prescribed form and on the prescribed conditions permit- ting him to live under the supervision and authority of such responsible person or society willing to take charge of the child and approved by the Director.]

(2) Any licence granted under sub-section (1) shall be in force until revoked or forfeited by the breach of any of the conditions on which ~twas granted.

1 Section 91 was substituted by Mah. 54 of 1975, s. 50.
a Sub-section (1) was substituted, ibid.. s. 51(1). .
. SeenowtheCodeofCriminalProcedure,1973(2of1974).

1898.

j

",
l'

1[(3) The Director (Child Welfare) may at any time by order in writing revoke any licence, and order the child to return to the Approved Centre or Approved Institution and shall do so at the desire of the person or society with whom or under whose supervision ije is licensed to live. If the child refuses or fails to return to the Centre or Approved Institution, the Director may, if necessary, call for the papers and deal with the case himself making such order as he thinks fit in the interest of the child or direct the arrest of the child and cause him to be placed before the court or taken back to the Approved Centre or Approved Institution.]

(4) When a licence has been revoked or forfeited and the child or youthful offender refusing or failing to return to the 2[Approved Centre or Approved Institution] has been arrested and placed before the court under the provisions of sub-section (3) the court may, if satisfied by information on oath or solemn affirmation that there is reasonable ground for believing that his parent or guardian could produce the child or youthful offender issue a summons requiring the parent or guardian to attend at the court on such day as may be specified in the summons and to produce the child or youthful offender, and, if he fails to do so without reasonable excuse he shall, in addition to any other liability to which he may be subject under the provisions of this Act on conviction, be punished with fine which may extend to fifty rupees.

I (5) Where a parent or guardian is directed to pay a fine under this section the

f"'

,e

I'

93. (1) Notwithstanding anything to the contrary contained in any law for Actionby

the time being in force, any police officer 4[or Child Welfare Officer (Probation)] P~I.V:9for may arrest without a warrant a child who has escaped 5[from an Approved Centre ~~Ifare
or Approved Institution] or from the supervision of a society or a person under Officer whose supervision he was directed to remain, and shall send the child back 6[to the (~robation)]

Approved Centre,) institution, society or the person without registering any offence Wh!~escaped or prosecuting the child, and, the said child shall not be deemed to have committed c 1 ren.

any offence by reason of such escape but he shall be dealt with by the authorities of the institution concerned in such manner as they thin.k fit.

(2) When a child absconding 7[from a Classifying Centre or an Approved Centre or Approved Institution] or fit person has been arrested at a different place, he shall be detained in a place of safety pending his removal 8[to the Classifying Centre, Approved Centre, Approved Institution] or fit person.

-----------

1 Sub-section(3) was substituted by Mah. 54 of 1975. s, 51(2).
2 These words were substituted for the words" school or fit person insittution "ibid.. s. 51(3).
3 Sub-section (6) was substituted, ibid., s. 51(4).
4 These words and brackets were inserted, ibid., s. 52(1)(a).
5 These words were substituted for the words, "from a certified school or a fit person institu-

tion" ibid.. s. 52(1)(b).

6. 6  These words were substituted for the words" to the certified school" ibid., s. 52(2)(c).

7. 7  These words were substituted for the words" from a certified school" ibid., s. 52(2)(a).

8. 8  These words were substituted for the words" to the certified school" ibid.. s. 52(2)(b).

3 These words and brackets were inserted, ibid., s. 52(3). *See now the Code of Criminal Procedure, 1973 (2 of 1974).

1948: Born.LXXI] Bombay'Children Act, 1948 2833

amount may be recovered in accordance with the provisions of the Code of Criminal

V of
1898. Procedure, 1898.*

3[(6) The time during which ! child is absent from an Approved Centre or Appro- ved Institution in pursuance 0 a licence granted under this section shall be deemed to be part of the time of his detention in the Approved Centre or Approved Institu- tion, provided that, where a child has failed to return to the Approved Centre or Approved Institution 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 to be detained in the Approved Centre or Approved Institution.j

",

2834

Bombay ChildrenAct, 1948 PART X

. ApPEALS

[1948 : Dom.~I

Appeals. 94.. (J) Any person aggrieved by a final order may appeal to the courts herein- after mentioned.

(2) If a.final order is passed,- ;
(a) by a juvenileconrt, an appeal shall lie in the Greater Bombay to the Chief

Presidency'Magistrate and in other places to the l[Court of Session];
(b) by..a ,.Magistrate (not being a. Presidency Magistr~te) empowered under section 8 to exercise the powers of a juvenile court, an appeal shall lie to the Court

of Sessio!); .-
(c). bip. Presidency Magistrate or a Court of Session, an. appeal sha!llie' to the

High Court. , '. ,

(3) Except as provided in this section no appeal shall lie from any order passed

under this Act by a juvenile court or any other court empowered to exercise the powersof a juvenilecourtundersection8. ' .

Af~ca~iol
aProc:~:e Procedure, 1898, *shall mutatis mutandis apply to appeals against final orders as 1898.

95. The provisions of sections 419to 431 (both inclusive) of the Code of Criminal Vof

Codeto if the said orders were the orders of conviction and sentence passed by a Criminal appeals.Court.

~e~iodo-f 96. (1) The period of limitation fol' an appeal against a final order 2[shall be

o~:~~:S: ninety days for ,an appeal to any Court] from the date ,of the order appealed against.
. (2) The provisions of sections 5,7 and 12 ofthe Indian Limitation Act, 1908, tshallIX of

apply to th~ filing of such appeals.,

PART XI MiSCELLANEOUS

. 1908.

Discharge 97. (1) The 3[State] Government may at any time order a child or youthful and transfer.offender to be discharged from 4[an Approved Centre or Approved Institution]

eithef absolutely or on such conditions as the 3(State] Government approves.
(2) (a) ,The 3[State]Govemment may order a youthful offender who has attained

the age of sixteen years 5(detained in an Approved Centre ,or Institution] to be Born.

transfep"~d to a Borstal School established under the Bombay Borstal Schools Act, XfVTI 1929, in the 'interest of discipline or for other special reasons; 1929 (b) any boy or girl over the age of sixteen years, who has.been released on licence, .

and who has committed a breach of licence conditions and whom it is not advisable

to send back to his G[ownApproved Centre or Institution] or institution, may be transferred to a Borstal School:

Provided that the whole period of the detention of the child or youthful offender ,shall not -be increased by the transfer.

',(3) Upon the transfer of a child or youthful offender to a Borstal School under sub-section (2), the provisions of the Bombay Bdrstal Schools Act, 1929, shall apply Born.

to such offender as if he had been 'originally ordered to be detained in a BorstaJ ~II

School under that Act.

1 These words were substituted for the words" Distirct Magistrate" by Born. 23 of 1951, s. 2. Sch. Part TII.. ,

. These words were substituted for the portion beginning with the words "shall be thirty days" and endingwiththe words" appealto the High Court" by Mah,54of 1975.s. 53.
. 3 This word was substituted for the word" Provincial "by the Adaptation of Laws order, 1950.

. These words were substituted for the words" a certified school or fit person institution" by Mah. 54 of 1975, s. 54(1).;

.Thesewordsweresubstitutedforthewords" detainedinacertifiedschool"ibid.,s.54(2)(a). 6 These words were substituted for the words" own school" ibid., s. 54(2)(b).
"See now the Code Criminal Procedure, 1973 (2 of 1974).
tSee now the Limitation Act, 1963 (36 of 1963).

1929.

I

". ~

fl",

(4) The l[State] Government may at any time in its discretion discharge a child from the care of any person to whose care he is committed under this Act, either absolutely or on such conditions as the l[State] Government approves.

2{98.(1) The State Government may, in consultation with the managers of any TraltSfer

Approved Centre or Institution, consent to the transfer to that Centre or Institution ::f't~":'

of anychildor youthfuloffenderin respectof whoman orderhas beenmadebyandlt~~~:Sof it competent authority in any other part of India of the nature of-an order under this likenaturein

Act .d~r.ecting~im to . be sent to an Approved Centre or ~~formator~ school or differen: I~stitution of hk.e natUre, and upon such transfer, the prOV1Slonsof this Act shall fn~~.o apply to such chIld or youthful offender. '

1948 : Born. LXXI] Bombay Children Act. '1948 .'

2835-

(2) The State,Government may direct any child or youthful offender to be transferre~from any Approved Centre or Institution to any centre or institution !Jf a like"natUre'in any other part of India in respect of which provision similar to that in the State of Maharashtra ,is made by the Government of that part under

I anylawinforcetherein':'
Provided that no such child or youthful offender shall be transferred under this

s~tion to any other part o{Jndia without the consent of the Government of that part.

Ill'k 'It 99. (1) Where" it appears ;to the' State Government that any child detained in

,\1'j..a Classfying Centre, Approved Centre or Approved Institution under any order of ),.a court is of unsound mind 01 a leper, the State Government may, by an order setting

Tr!ll1sfeorf

~~~:dof mindor suffering

f~o~s po y.

-

"

forth the grounds',of belief that the ,child is of uusound mind or leper, order his

removal t,o a mental hospital or l~per asylum ?r other I?laceof safe. custody thereto be kept and treated as th'e State Government dIrects durIng the remaInder of the term

for which he has been orderetl to be detained or, if on the expiration of that term, it is certified by a medical officer that it is necessary for the safety of the child or of others that he should be further detained under medical care or treatment there until

he is discharged according to,law.
(2) Where it appears to the State Government that the child has become of sound

mind or is cured of leprosy, the State Government shall, by order, direct the person having charge of the child which is still liable to be kept in custody to send him to the Approved Centre or Approved Institution from which he was removed, or if the child is no longer liable to be kept in custody, order him to be discharged:

i Provided that where, the rerpoval of a child due to unsoundness of mind or leprosy is immediately necessary, itshall be open to the authorities of the institution in which the child is detained to apply to a juvenile court of the area or to the nearest court empowered to exercise the powers of a juvenile court under section 8 of this Act for an immediate order of committa,l to a mental hospital or a leper asylum until such time as the order of the State Government can be obtained in the matter.

100. The Director (Child Welfare) may direct any child or youthful offender to be t.ransferred from one institution to another, whether an Aprpoved Centre or

"

'

Provided that the total period of detention of the child or youthful offender shall not be increased by such t~ansfer.]

101. (1) If in any case in which an information has been laid' by any preson

under the provisions of section 87, the magistrate after such inquiry as he may deem necessary is of opinion that such information was false and either frivolous or ve~atious, the magistrate may for reasons to be recorded in writing direct that compensation to such an amount not exceeding one hundred rupees as he may

A dl.'.. pprove nstitutlOn.

Transfer

fro~ o~e mSlUtltOnt

to another.

Compensa-

ti°:Ii~r fjlsc: ~~ve~~io~~s information.

. determine be paid by such informer to the person against whom the information was laid.

1 This word was substituted for the word" PrO'lincial .. by the Adaptation of Laws Order, 1950. a Sections 98, 99 and 100 were substituted by Mah. 54 of 1975, s. 55.

I

Centre roVl e t at lor reasons to erecor e Inwntmg, t ec 1 may, Illstea 0 emg underAct.sent to a Classifying Centre, be ordered to be retained or sent to an Observation

2836

Bombay Children Act, 1948 [1948 -: Bom. LXXI

(2) Before making any order for the payment of compensation, the I1}agistrate shall call upon the informer to show cause why he should not pay compeqsation and shall consider any cause which such informer may show.

(3) The magistrate may by the order directing payment of the compensation further order that in default of payment the person ordered to pay such compensa-

- don shaWsuffdr simple imprisonment for a term not exceeding thirty days.

(4) When any perS6n'is imprisoned under sub-section (3), the provisions 'of XLV sections 68 arid 69 of the Indian Pedal Code shall, so far as may be, apply. of

(5) No person who has been direct~ to pay compensation under this section 1860, shall by reason of such order be exempted' from any civil or criminal liability in respect of the inforl1).ation given by him but any amount paid as comp\tnsation
shall be taJ

(6) When an order for the payment of compensation is made under sub-sectio\l (1) the compensation shall not be paid to the person ,ordered to receive it before the period allowed for the presentation of an appeal has expired.

Removalof 102. When a youthful offender is found to have committed any offence, the d~ua1ifica-fact- that he has been so found shall not have any -effect under section 75 of the

!Iona~tac~-Indian Pe\lal Code or section 565 of the Code of Criminal Pr6cedure, 1898,* or XLV

convi~~fono~perate as a disqualification for office or any employment or election under any law. ~~6O. Vof

1898,

Powerto 103. Without prejudice to the powers of courts of appeal and revision any

a~nd custody order, supervision order;or probation order may be amended by the court or er. which made such order in respect of the person named as cJlstodian, supervisor or

l[Chiid W,elfare Officer (Probation)] and such other details' as may be deemed necessary, provided that in the case of an order committing a child to an institution no such order shall, subject to the proviso hereinbelow, be amended except in relation to the period of duration, such amendment being by way of extension of the period only: ,

Provided that in case of emergency and for immediate necessity a committal order may be varied by way of change in the institution to which the order relates, suCh variation being subject to confirmation by the 2[Director (Chilp Welfare)].

Co~trg!ov~f 104; 3[Subject to the supervision, direction and control of the Director (Child cus0 ~Wld.Welfare), any person] to whose care a child is committed under the provisions of this Act shall, while the order.is in force, have the like control over the child as if he were his parent, and shall be responsible for his maintenance, and the child shall

continue in his care for the period stated by the court notwithstanding that' he is claimed by his parent or any other person. ",

P9,we.rto, 4[105. Whenever under any of the provisions of this Act, it is provided that

t s~g chtlda child shall be committed to a Classifying Centre, then such child spall sub~equently

t?onJ~~~- be sent in the prescribed manner to an Observation Home or' an Approved Centre etc., whenit or Institution according to the circumstances of each case and in the interest of the is committed child: ' /

toaassifying ' t' ' ., ' ' . Pddh bdd hhld dfb

Home or may be sent to an Approved Centre or Approved Institution.]

! These words-and brackets were substitUted for the words" Probation Officer", byMah. 54 of 1975, s, 56 (1). '

aThesewordsandbracketsweresubstitutedforthewords" ChiefInspectorofcertifiedschools" ibid,. s. 56(2). .

3 These words and brackets were substituted for the words" Any person ", ibid" s, 57. 4 Section 105 was substituted, ibid" s, 58.
* See IIOWthe Code of Criminal Procedure, 1973 (2 of 1974).

1948 : Bom. LXXI] Bombay Children Ad;, 1948
Vof 106. The provisions of Chapter, XLII of the Code of the Criminal Procedure, Bondstaken

1898. 1898* shall, so far as may be, apply to bonds taken under this Act. " underthe Act.

XLV

of 1860.

1[107. The Child Welfare Officers, Assistant Directors and Deputy Director Officers,to (Child Welfare) and the Director (Child Welfare) and all other persons authorised bepublic

or entitled to act under any provisions of this Act shall be deemed to be public servants. servants within the mc;:aningof section 21 of the Indian Penal Code.

'

l07A.'The State Government may, by notification in the Official Gazette, direct Delegation that all or any of the p

Welfare) by or und,er thIS Act may, subject to such restrIctIOns and condItIons, If any, as may be specified in the notification, be exercised or performed also by such of the officers appointed under this Act as may be specified in the notification.]

108. No suit, prosecution or other legal proceedings shall be instituted against any person for anything which is in good faith done or intended to be done under

109. (1) The 2[State] Government may make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing provision such rules may be made for all or any of the following matters, namely :-

.

.
thIS Act.

actd th uner IS

-

c.- , " T-- ---------
1 Sections 107 and 107A were substituted by Mah. 54 of 1975, s. 59.
2 Thiswordwassubstitutedfor the word" provincial"by the Adaptationof LawsOrder,1950. 3 Thesewords were substitutedfor the words" CertifiedSchools" by Mah. 54 of 1975,s. 60

(a) the pr0cedure to be followed by juvenile courts and other courts empowered to exercise the powers of juvenile 'courts under section 8 in the trial of cases and the conduct of proceedings under the Act;

(b) the places a.t which, days on which and the manner in which a juvenile court shall hold its sittings under sub-section (1) of section 12;

(c) the conditions subject to which institutions and associations shall be recognized as approved places for the purpose of sub-section (1) of section 20;

(d) the establishment or certification, management, maintenance, records and accounts of 3[Approved Centres and Approved Institutions]; the education and industrial training of inmates in such institution, and their leave of absence; the appointment of visitors and their tenure of office; the inspection of 4[such and other institutions] for the reception of 5* * * children; and the internal management and discipline of 6[the aforesaid institution] and release on liceQ,ceof inmates therein;

, '[(e) the conditions under which any private industrial ,school or other educa- tional institution may be recognised by the State Government as an Approved Institution under sub-section (2) of section 25;

(e-i) the manner in which the State Government may establish a~1dmaintain Classifying Centres under section 27; "

(e-ii) the manner in which the management of institutions referred to in sub- section (3) of section 31 may be taken over by the State Governm~nt:l

(l)(a).

4 These words were substituted for the words" such certified schools and other Institutions" ibid., s. 60 (l)(b);

5 Theword " poor" was deleted by Bom. 53 of 1949, s. 2, First Schedule.

GThesewordsweresubstitutedforthewords" schoolseitherestablishedorcertifiedbytheState Government" by Mah. 54 of 1975, S. 60 (J.)(c). -

7 These clauses were substituted for clause (e) ibid., s. 60(2). *See now Code of Criminal Procedure, 1973 (2 of 1974).

2837

Pr~tectionof JOn ta~en

Act.

Rules

2838

Bombay ChildrenAct, 1948 [1948:Bom~~

(f) the powers and duties of l[Director - (Child Welfare),-iDeputy Pirector (Child Welfare), Assistant Director (Child Welfare), Inspecting Officers (Child Welfare) and Child Welfare Officers (Probation)] under section 39;

(g), the recruitment and training of personnel responsible for work under the Act; ."". . - ,J :

- (h) the conditions ,in Which societies may be reeogQised by the 2[State] G9vern- ment for providing 'S[Chilg.Welfare Officers (probation)] their employment

andmattersincidentaltotheir'appoiiit111ent,authorizationre,signationandremoval and remuneration and expensespayable to them; .

(i) the manner of authorising persons for the purposes of sections 40 and 78;

U) the manner in which a child or youthful offender shall be sent back to ,bis 'native plac~ 'under sections '46 'and 73; ~ ." r,.,

(k) the manner in which' children shall be detained in custody by officers in Charge of police stations or sections under sub-section (1) and the manner in which children shall be ordered to be detained by courts under sub-section (2) of section 65; 1- ,

(I) the manner in which a child shall be ordered to be committed to-4[a Classi-

fying Centre] or to the care of a relative or other fit person under clauses (a) and

(b) of, and the form of bond under the proviso to seCtion 81;
5* * * * * *

(n) the manner in which contribution for the'maintenance of a child may 'be ordered to be paid under sub-section (1) of section 90;

(0) the .conditions under which a child may be released from 6[an Approved Centre or Approved Institution] on licence and the form and conditions of such licence under sub,section (1) of section 92; .,

7[(0-i) the manner in which a child sha,ll be sent to an q]j~erv~tion Home ,or an Approved Centre or Institution under section)05;] -,

(P) the conditions subject to which children may be committed to the care of persons under this Act and the obligations of su,chpersons towards the children' so committed; ,

(q) any other matter which is or may be' prescribed under. the Act.
(3) The power to make rules under this Act shall be subject to the condition of

previous publication. .

(4) The rules made under this Act shaH be published in the Official Gazette and on ;suchpublication shall have effectas if enacted iIi this Act. .

8[(5) Every rule made under this sectiqn shall be laid, as soqnas may be, after it is made, before each House of the State Legislature while it is,insessio11,for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so faid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should notoeinade, the rule shaH, from the date of publication of a notification in the Official' Gazette of such decision, have effect only in such modified form or be of no effect, as the case maybe; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted.to be done unde~,that rufe.]

1 These words and brackets were substituted for the words ~'Chief inspectors, Inspectors and Assistant Inspectors of certified schools and Probation Officers" by Mah.54 of 1975, s. 60 (3).
2 This word was substituted for the word" Provincial " ~y the Adaptation of Laws Order, 1950.

a These words and brackets were substituted for thewo'tds "Probation Officers"'by Mah. 54 of 1975, s. 60(4). "

4 Thesewords weresubstitutedfor,the words" a certifiedschoolor fit personinstitution" ibid., s. 60(5).

. Clause (m) was deleted, ibid.. s. 69(6). '

. These words were substituted for the words" a certified school or fit person institution" ibid., s. 60(7). . .

7 Clause (o-i) was inserted, ibid.. s. 60(8). .'
. Sub-section (5) was inserted by Mah. 38 of 1963, s. 10.~.~ .

Born. XIII of

1924.

110. The Bombay Children Act, 1924, is hereby repealed: Provided that-

(a) juvenile courts established under the repealed Act shall be deemdd to be juvenile courts established under this Act; <

(b) certified schools established or certified fit person institutions, remand homes, approved places and voluntary homes recognised under the repealed Act shall be deemed to be recognized under this Act;

(c) all licences and certificates granted and transfers made under the repealed Act shall be deemed to be granted or made under this Act;

Repeal of Born. XIII of 1924.

1948: Born. LXXI] Bombay Children Act, 1948

2838A

(d) all cases, proceedings and appeals pending heforeany court under the repealed Act shall be continued and disposed of by the said courts notwithstanding any- things in this Act as if they were cases, proceedings and appeals under this Act;

(e) all appeals against orders of courts ~l;point~d ti;iJer ther~peale~ Act which would have laid under that Act shall be deemedrto'bejl'ppeals from orders made by courts under this Act and shall be - presented to the courts empowered to hear appeals under this Act and shall be disposed of accqrdingly;

(f) any appointment, notificati?n, notice, .order, rule .or foinl made or issued under the repealed Act shall contInue to be IIIfarce and be deemed to have been made or issued under the provisions of this Act in so far as such appointment, notification, notice, order, rille or form is not inconsistent with the provisions of this Act and shall continue to be in force unless and until it is superseded by any appointment, notification, notice, order, rule or form made or issued under this Act.

Mah. 1[111. (1) On the commencement of the Bombay Children (Extension and Further X~i Amendment) Act, 1963, the Central Provinces and Berar Children Act, 1928, rep~alsand

of and the Hyderabad Children Act, 1951, shall stand repealed: 1963.

C.P. and Berar Act

Xof

1928.

Hyd. Act

xxx- II of

1951.

Provided that, anything done or any action taken (including any appoinmtent, notification, notice, order, rule or form made or issued, any juvenile court established or any certified school established or certified, anyplace of safety or fit person recognised, any licence or celiificate granted or withdrawn, any w~rrant issued, any bail granted, any remand, any committal for trial or. custody, any discharge, or transfer of a child or youthful offender made, or any contribution directed to be paid) under any such law shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken. under the cotresponding provisions of this Act, and shall continue in force according, unless and until superseded by anything done or any action taken under )his Act.

saVIngs.

(2) The mention of particular matters in this section shall n().taffect the general

B .
~~f application to this Act of section 7 of the"Bombay General Clauses Act, 1904 (which

19.Q4r.elates to the effect of repeals)]. "

1 Section 111 was inserted by Mah. 38 of 1963, s. 11.

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