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Report No. 83

7.18. Section 15(1) and 25(2)-The arrest of the ward.-

Thirdly, sub-section (1) of section 25 should be modified to remove that part of it which contemplates "arrest" of the minor. This is archaic. As regards sub-section (2), which empowers the Court to exercise the powers of the Magistrate of the first class under section 100 of the Code of Criminal Procedure, 1882, it may be mentioned that the Code of 1882 has been repealed and replaced by successive later legislation. The corresponding provision in the Code of 1898 was section 100, and the corresponding provision in the present Code (of 1973) is section 97. Necessary substitution (which is only a verbal change) may be made in sub-section (2).

We recommend that section 25(1) and 25(2) should be amended accordingly.

The Guardians and Wards Act, 1890 and Certain Provisions of the Hindu Minority and Guardianship Act, 1956 Back

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