Report No. 64
Revised section 17(1), 17(2), 17(2A) to 17(2E) and section 17(4)
"17(1). When the special police officer removing a woman or girt1 under sub-section (4) of section 15 or rescuing a woman or girl under sub-section (1) of section 16, fails to produce her.....2 before the magistrate, as required by sub-section (5) of section 15 or sub-section (2) of section 16, he shall produce her forthwith before the nearest magistrate of any class, who shall pass such orders as he deems proper for her safe custody until she is produced before the appropriate magistrate:
Provided that no woman or girl shall be
(i) detained in custody under this sub-section for a period exceeding ten days from the date of the order under this sub-section; or
(ii) restored to or placed in the custody of a person who may exercise a harmful influence over her3
(2) When the girl is produced before the appropriate magistrate, he shall, after giving the girl an opportunity of being heard, cause an inquiry to be made as to the correctness of the information received under sub-section (1), the age, character and antecedents of the girl and the suitability of her parents, guardian or husband for taking charge of her and the nature of the influence which the conditions in her home are likely to have on her if she is restored to the same, and, for this purpose, he may direct a Probation Officer appointed under the Probation of Officers Act, 1958, to inquire into the above circumstances and into the personality of the girl and prospects of rehabilitation of the girl.4
17(2A). The magistrate may, while an inquiry is made into a case under sub-section (2), pass such orders as he deems proper for the safe custody of the girl:
Provided that no girl shall be kept in the custody for this purpose for a period exceeding three weeks from the date of such an order, and no girl shall be kept in the custody of a person likely to have a harmful influence on her.5
17(2B). When the magistrate is satisfied, after making an inquiry as required in sub-section (2)
(a) that the information received is correct,
(b) that the girl is under the age of twenty-one years, and
(c) that she is in need of care and protection, he may, subject to the provisions of sub-section (3), make an order that such girl, be detained for such period, being not less than one year and not more than three years, as may be specified in the order, in a protective home or in such other custody as he, for reasons to be recorded in writing, shall consider suitable:6
Provided that such custody shall not be that of person or body of persons of a religious persuasion different from that of the girl, and that those entrusted with the custody of the girl, including the person in charge of a protective institution, may be required to enter into a bond which may, where necessary and feasible, contain undertakings based on directions relating to the proper care, guardianship, education, training and medical and psychiatric treatment of the girl as well as supervision by a person appointed by the court, which will be in force for a period not exceeding three years.7
17(2C). When the woman is produced before the appropriate magistrate, he shall, after giving the woman an opportunity of being heard, cause an inquiry to be made as to the correctness of the information received under sub-section (1), the age, character and antecedents of the woman and the suitability of her parents, guardian or husband for taking charge of her and the nature of the influence which the conditions in her home are likely to have on her if she is restored to the same, and for this purpose, he may direct a Probation Officer appointed under the Probation of Offenders Act, 1958, to inquire into the above circumstances and into the personality of the woman and prospects of rehabilitation of the woman.
17(2D). The Magistrate may, while an inquiry is made into a case under sub-section (2C), pass such orders as he deems proper for the safe custody of the woman:
Provided that no woman shall be kept in the custody for this purpose for a period exceeding three weeks from the date of such an order, and no woman shall be kept in the custody of a person likely to have harmfill influence on her.
17(2E). When the magistrate is satisfied, after making an inquiry as required in sub-section (2D)
(a) that the information received is correct, and
(b) that the woman is above the age of twenty-one years, and
(c) that she is in need of care and protection, he may, subject to the provisions of sub-section (3), make an order thal such period, being not less than one year and not more than three years, as may be specified in the order, in a protective home, or in such other custody as he, for reasons to be recorded in writing, shall consider suitable:
Provided that such custody shall not be that of a person or body of persons of a religious persuation different from that of the woman, and that those entrusted with the custody of the woman, including a person in charge of a protective institution, may be required to enter into a bond which may, where necessary and feasible, contain undertakings based on directions relating to the proper care, guardianship, education, training and medical and psychiatric treatment of the woman, as well as supervision by a person appointed by the court, which will be in force for a period not exceeding three years."
1. See para. 6.11, supra.
2. See para. 6.11. supra.
3. Para. 6.22, supra.
4. Para. 6.24, supra.
5. Para. 6.24, supra.
6. Para. 6.24, supra.
7. Para. 6.24, supra.
6.25. [section 17(3)-No change].
"17(4). Against every order under sub-section (2B) or sub-section (2E), an appeal shall lie to the Sessions Judge, whose decision on such appeal shall be final."
