Children Act, 1960
21. Orders that may be passed regarding delinquent
children
(1) Where a children's
court is satisfied on inquiry that a child has committed an offence, then,
notwithstanding anything to the contrary contained in any other law for the
time being in force, the children's court may, if it so thinks fit,-
(a) allow the child to
go home after advice or admonition;
(b) direct the child to be released on
probation of good conduct and placed under the care of any parent, guardian or
other fit person on such parent, guardian or other fit person executing a bond,
with or without surety as that court may require, for the good behavior and
well-being of the child for any period not exceeding three years;
(c) make an order
directing the child to be sent to a special school,-
(i) in the case of a boy over fourteen years
of age or of a girl over sixteen years of age, for a period of not less than
three years;
(ii) in the case of any other child, for the
period until he ceases to be a child:
Provided that the children's court may, if it is
satisfied that having regard to the nature of the offence and the circumstances
of the case it is expedient so to do, for reasons to be recorded, reduce the
period of stay to such period as it thinks fit:
Provided further that the children's court may,
for reasons to be recorded, extend the period of such stay, but in no case the
period of stay shall extend beyond the time when the child attains the age of
eighteen years, in the case of a boy, or twenty years, in the case of a girl;
(d) order the child to pay a fine if he is
over fourteen years of age and earns money.
(2) Where an order
under clause (b) or clause (d) of sub-section (1) is made, the children’s court
may, if it is of opinion that in the interests of the child and of the public
it is expedient so to do, in addition make an order that the delinquent child
shall remain under the supervision of a probation officer named in the order
during such period, not exceeding three years, as may be specified therein, and
may in such supervision order impose such conditions as it deems necessary for
the due supervision of the delinquent child:
Provided that if at any time
afterwards it appears to the children's court on receiving a report from the
probation officer or otherwise, that the delinquent child has not been of good
behavior during the period of supervision, it may, after making such inquiry as
it deems fit, order the delinquent child to be sent to a special school.
(3) The children’s
court making a supervision order under sub-section (2) shall explain to the
child and the parent, guardian or other fit person, as the case may be, under
whose care the child has been placed, the terms and condition of the order and
shall forthwith furnish one copy of the supervision order to the child, the
parent, guardian or other fit person, as the case may be, the sureties, if any,
and the probation officer.
(4) In determining the
special school, or any person to whose custody a child is to be committed or
entrusted under this Act, the court shall pay due regard to the religious
denomination of the child to ensure that religious instruction contrary to the
religious persuasion of the child is not imparted to him.