SectionsParticulars
Chapter IPreliminary
1Short title, extent and commencement
(1) This Act may be called the Children Act, 1960. (2) It extends to all the Union territories. (3) It shall come into force in any Union territory on such d...
2Definitions
In this Act, unless the context otherwise requires,- (a) "Administrator" means the administrator of a Union territory, whether called a Lieutenant Governor, ...
3Continuation of inquiry in respect of child who has ceased to be child
Where an inquiry has been initiated against a child and during the course of such inquiry the child ceases to be such, then, notwithstanding anything containe...
Chapter IICompetent Authorities And Institutions For Children
4Child Welfare Boards
(1) The Administrator may, by notification in the Official Gazette, constitute for any area specified in the notification, one or more Child Welfare Boards fo...
5Children's courts
(1) Notwithstanding anything Contained in the 5[Code of Criminal Procedure, 1973], the Administrator may, by notification in the Official Gazette, constitute ...
6Procedure, etc., in relation to Boards and children's courts
(1) In the event of any difference of opinion among the members of a Board or among the magistrates of a children's court, the opinion of the majority shall p...
7Power of Board and children's court
(1) Where a Board or a children's court has been constituted for any area, such Board or court shall, notwithstanding anything contained in any other law for ...
8Procedure to be followed by a magistrate not empowered under the Act
(1) When any magistrate not empowered to exercise the powers of a Board or a children's court under this Act is of opinion that a person brought before him un...
9Children's homes
(1) The Administrator may establish and maintain as many children's homes as may be necessary for the reception of neglected children under this Act.     (2) ...
10Special schools
(1) The Administrator may establish and maintain as many special schools as may be necessary for the reception of delinquent children under this Act.    (2) W...
11Observation homes
(1) The Administrator may establish and maintain as many observation homes as may be necessary for the temporary reception of children during the pendency of ...
12After-care organizations
The Administrator may, by rules made under this Act, provide- (a) for the establishment or recognition of after-care organizations and the powers that may be...
13Production of neglected children before Boards
(1) If any police officer or any other person authorized by the Administrator in this behalf, by general or special order, is of opinion that a person is appa...
14Special procedure to be followed when neglected child has parent
(1) If a person, who in the opinion of the police officer or the authorized person is a neglected child, has a parent or guardian who has the actual charge of...
15Inquiry by Board regarding neglected children
(1) When a person alleged to be a neglected child is produced before a Board, it shall examine the police officer or the authorized person who brought the chi...
16Power to commit neglected child to suitable custody
(1) If the Board so thinks fit, it may, instead of making an order under sub-section (2) of section 15 for sending the child to a children’s home, make an ord...
17Uncontrollable children
Where a parent or guardian of a child complains to the Board that he is not able to exercise proper care and control over the child and the Board is satisfied...
Chapter IVDelinquent Children
18Bail and custody of children
(1) When any person accused of a bailable or non-bailable offence and apparently a child is arrested or detained or appears or is brought before a children’s ...
19Information to parent or guardian or probation officer
Where a child is arrested, the officer-in-charge of the police station to which the child is brought shall, as soon as may be after the arrest, inform-  (a) t...
20Inquiry by children's court regarding delinquent children
Where a child having been charged with an offence appears or is produced before a children's court, the children's court shall hold the inquiry in accordance ...
21Orders that may be passed regarding delinquent children
(1) Where a children's court is satisfied on inquiry that a child has committed an offence, then, notwithstanding anything to the contrary contained in any ot...
22Orders that may not be passed against delinquent children
(1) Notwithstanding anything to the contrary contained in any other law for the time being in force, no delinquent child shall be sentenced to death or impris...
23Proceeding under Chapter VIII of the Criminal Procedure Code not competent against child
Notwithstanding anything to the contrary contained in the 5[Code of Criminal Procedure, 1973], no proceeding shall be instituted and no order shall be passed...
24No joint trial of child and person not a child
(1) Notwithstanding anything contained in 12[section 223 of the Code of Criminal Procedure, 1973] or in any other law for the time being in force, no child s...
25Removal of disqualification attaching to conviction
Notwithstanding anything contained in any other law, a child who has committed an offence and has been dealt with under the provisions of this Act shall not s...
26Special provision in respect of pending cases
Notwithstanding anything contained in this Act, all proceedings in respect of a child pending in any court in any area on the date on which this Act comes int...
27Sittings, etc., of Boards and children's courts
(1) A Board or a children's court shall hold its sittings at such place, on such day and in such manner, as may be prescribed. (2) A magistrate empowered to ...
28Persons who may be present before competent authority
(1) Save as provided in this Act, no person shall be present at any sitting of a competent authority, except- (a) any officer of the competent authority, or ...
29Attendance of parent or guardian of child
Any competent authority before which a child is brought under any of the provisions of this Act may, whenever it so thinks fit, require any parent or guardian...
30Dispensing with attendance of child
If, at any stage during the course of an inquiry, a competent authority is satisfied that the attendance of the child is not essential for the purpose of the ...
31Committal to approved place of child suffering from dangerous disease and its future disposal
(1) When a child who has been brought before a competent authority under this Act is found to be suffering from a disease requiring prolonged medical treatmen...
32Presumption and determination of age
(1) Where it appears to a competent authority that a person brought before it under any of the provisions of this Act (otherwise than for the purpose of givin...
33Circumstances to be taken into consideration in making orders under the Act
In making any order in respect of a child under this Act, a competent authority shall take into consideration the following circumstances, namely :-  (a) the ...
34Sending a child outside jurisdiction
In the case of a neglected or delinquent child whose ordinary place of residence lies outside the jurisdiction of the competent authority before which he is b...
35Reports to be treated as confidential
The report of the probation officer or any circumstance considered by the competent authority under section 33 shall be treated as confidential: that the comp...
36Prohibition of publication of names, etc., of children involved in any proceeding under the Act
(1) No report in any newspaper, magazine or news sheet of any inquiry regarding a child under this Act shall disclose the name, address or school or any other...
37Appeals
(1) Subject to the provisions of this section, any person aggrieved by an order made by a competent authority under this Act may, within thirty days from the ...
38Revision
The High Court may, at any time, either of its own motion or on an application received in this behalf, call for the record of any proceeding in which any com...
39Procedure in inquiries, appeals and revision proceedings
(1) Save as otherwise expressly provided by this Act, a competent authority while holding any inquiry under any of the provisions of this Act, shall follow su...
40Power to amend orders
(1) Without prejudice to the provisions for appeal and revision under this Act, any competent authority may, either on its own motion or on an application rec...
41Punishment for cruelty to child
(1) Whoever, having the actual charge of, or control over, a child, assaults, abandons, exposes or willfully neglects the child or causes or procures him to b...
42Employment of children for begging
(1) Whoever employs or uses any child for the purposes of begging or causes any child to beg shall be punishable with imprisonment for a term which may extend...
43Penalty for giving intoxicating liquor or dangerous drug to a child
Whoever gives, or causes to be given to any child any intoxicating liquor in a public place or any dangerous drug, except upon the order of a duly qualified m...
44Exploitation of child employees
Whoever ostensibly procures a child for the purpose of any employment and withholds the earnings of the child or uses such earnings for his own purposes shall...
Chapter VIIMiscellaneous
45Power of Administrator to discharge and transfer children
(1) The Administrator may, notwithstanding anything contained in this Act, at any time, order a neglected or delinquent child to be discharged from the childr...
46Transfers between children's homes, etc., under the Act, and children's homes, etc, of like nature in different parts of India
(1) The Administrator of a Union territory may direct any neglected child or delinquent child to be transferred from any children's home or special school wit...
47Transfer of children of unsound mind or suffering from leprosy
(1) Where it appears to the Administrator that any child kept in a special school or children's home in pursuance of this Act is suffering from leprosy or is ...
48Placing out on license
(1) When a child is kept in a children's home or special school, the Administrator may, if he so thinks fit, release the child from the children's home or spe...
49Provision in respect of escaped children
Notwithstanding anything to the contrary contained in any other law for the time being in force, any police officer may take charge without warrant of a child...
50Contribution by parents
(1) The competent authority which makes an order for sending a neglected child or a delinquent child to a children's home or a. special school or placing the ...
51Control of custodian over child
Any person in whose custody a child is placed in pursuance of this Act shall, while the order is in force, have the like control over the child as he would ha...
52Delinquent child under-going sentence at commencement of the Act
In any area in which this Act is brought into force, the Administrator may direct that a delinquent child who is undergoing any sentence of imprisonment at th...
53Appointment of officers
(1) The Administrator may appoint as many probation officers, officers for the inspection of special schools, children's homes, observation homes or after-car...
54Officers appointed under the Act to be public servants
Probation officers and other officers appointed in pursuance of this Act shall be deemed to be public servants within the meaning of section 21 of the Indian ...
55Procedure in respect of bonds
The provisions of 15[Chapter XXXIII of the Code of Criminal Procedure, 1973], shall, as far as may be, apply to bonds taken under this Act. ...
56Delegation of powers
The Administrator may, by general or special order, direct that any power exercisable by him under this Act shall, in such circumstances and under such condit...
57Protection of action taken in good faith
No suit or other legal proceeding shall lie against the Administrator or any probation officer or other officer appointed under this Act in respect of anythin...
58Act 8 of 1897 and certain provisions of Act 2 of 1974 not to apply
(1) The Reformatory Schools Act, 1897, and 16[section 27 of the Code of Criminal Procedure, 1973], shall cease to apply to any area in which this Act has been...
59Power to make rules
(1) The Administrator may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.  (2) In particular, and without prejudi...
60Repeal and savings
If, immediately before the date on which this Act comes into force in any area, there is in force in that area, any law corresponding to this Act, that law sh...
Foot Notes
1. This Act has been extended, to Goa, Daman and Diu by Reg. 12 of 1962, section 3 and Schedule to Dadra and Nagar Haveli by Reg. 6 of 1963, section 2 and Sch...
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