Rules under change - A child to be given in adoption to a person irrespective of marital status
Single/Separated Men can also adopt ?
The women and child development ministry has put up a draft bill of Juvenile Justice (Care and Protection of Children) Act, 2014 on its website, on 18th June 2014 , and is seeking suggestions and comments ( NOT MORE than FIVE A4 size pages) from vaious stakeholders including Civil society Organistions, NGOs, Individuals within 15 days to be sent to Ministry at Email id vivek.joshi@nic.in with a copy to ashi.kapoor.nic.in, jyotimathur21@yahoo.co.in latest by 03 July 2014 till 6:00 PM
The draft bill has several positive aspects like Gender neutrality in facilitation of adoption and other proposals like making CARA a statutory body, etc.
Source -
http://wcd.nic.in/icpsmon/pdf/draft_%207_%20JJ_Bill_June_2014_18062014.pdf
GO to Page 43 to 50
Highlights -
Eligibility of prospective parents.
57. Notwithstanding anything contained in any other law for the time being in force, an Indian or foreign citizen should be eligible for adopting children, as per the criteria and procedure that may be prescribed;
Person's eligible to adopt
60. The Principal Magistrate shall allow a child to be given in a
doption to:
(a) to a person irrespective of marital status; or
(b) to parents to adopt a child of same sex irrespective of the number of living biological sons or daughters; or
(c) to childless couples
Draft for Website
18
th
June 2014
Page 1 of 68
THE JUVENILE JUSTICE (CARE AND PROTECTION
OF CHILDREN) BILL, 2014
An Act to consolidate and amend the law relating to
children in conflict with law and children in need of care
and protection by catering to their developmental needs
through proper care, protection and treatment, and by
adopting a child-friendly approach in the adjudication and
disposal of matters in the best interest of children and for
their ultimate rehabilitation through processes provided, and
institutions established, under this enactment and for matters
connected therewith or incidental thereto.
WHEREAS the provisions of the Constitution confer
powers and impose duties, particularly under clause (3) of
article 15, clauses (e) and (f) of article 39, articles 45 and 47,
on the State to ensure that all the needs of children are met
and that their basic human rights are fully protected;
AND WHEREAS, the General Assembly of the United
Nations has adopted the Convention on the Rights of the
Child on the 20
th
November, 1989;
AND WHEREAS, the Convention on the Rights of the
Child provides a set of standards to be adhered to by all State
parties in securing the best interest of children;
AND WHEREAS, the Convention on the Rights of the
Child emphasises social reintegration of child victims, to the
extent possible;
AND WHEREAS, the Government of India has ratified
the Convention on the 11
th
December, 1992;
AND WHEREAS, it is expedient to re-enact the existing
law relating to children alleged and found to be in conflict
with law and children in need of care and protection, bearing
in mind the standards prescribed in the Convention on the
Rights of the Child, the United Nations Standard Minimum
Rules for the Administration of Juvenile Justice, 1985 (the
Beijing rules), the United Nations Rules for the Protection of Draft for Website
18
th
June 2014
Page 2 of 68
Juveniles Deprived of their Liberty (1990), Hague
Convention on Protection of Children and Cooperation in
Respect of Inter-Country Adoption (1993), and all other
relevant international instruments.
Be it enacted by Parliament in the Sixty-fourth Year of
the Republic of India as follows :—
CHAPTER I
PRELIMINARY
Short title, extent,
commencement and
application.
1. (1) This Act may be called the Juvenile Justice (Care
and Protection of Children) Act, 2014.
(2) It extends to the whole of India except the State of
Jammu and Kashmir.
(3) It shall come into force on such date as the Central
Government may, by notification in the Official Gazette,
appoint.
(4) Notwithstanding anything contained in any other
law for the time being in force, the provisions of this Act
shall apply to all -
(i) cases involving detention, prosecution or
penalty of imprisonment;
(ii) matters or processes relating to
apprehension, production before court,
disposal orders and restoration, and
(iii) procedures and decisions related to adoption
of children and rehabilitation and
reintegration,
of children, in conflict with law or, as the case may be, in
need of care and protection, under such other law.
Definitions. 2. In this Act, unless the context otherwise requires,—
(a) “abandoned child” means a child deserted by his
biological or adoptive parents or guardians, who has been
declared as abandoned by the Committee after due
inquiry;
(b) ―adoption‖ means the process through which the adopted
child is permanently separated from his biological parents and
becomes a legitimate child of his adoptive parents with all the
rights, privileges and responsibilities that are attached to the Draft for Website
18
th
June 2014
Page 3 of 68
legitimate child;
(c) “aftercare” means provision of support, financial or
otherwise, to young adults, who have completed the age of
eighteen years but have not completed the age of twentyone years, and have left institutional care, to help them to
join mainstream society;
(d). ―begging‖ means—
(i) soliciting or receiving alms in a public place or
entering into any private premises for the purpose of
soliciting or receiving alms, under any pretence;
(ii) exposing or exhibiting with the object of obtaining or
extorting alms, any sore, wound, injury, deformity or
disease, whether of himself or of any other person or
of an animal;
(e) “Best Interest of Child” means the basis for any
decision taken regarding the child, to ensure his social
well-being and physical, emotional and intellectual,
development;
(f). ―Board‖ means a Juvenile Justice Board constituted
under section 5 ;
(g) Central Adoption Resource Authority means the
Central Adoption Resource Authority referred to in
section 67;
(ga) “Chief Medical Officer” means an officer appointed
by the State Government as head of medical services in
the District.
(h) ―Child‖ means a person who has not completed eighteen
years of age;
(i) ―Child in conflict with law‖ means a child who is found
by the Board to have committed an offence and who has not
completed eighteen years of age as on the date of commission
of the offence;
(j). ―child in need of care and protection‖ means a child –
(i) who is found without any home or settled
place of abode and without any ostensible means of Draft for Website
18
th
June 2014
Page 4 of 68
subsistence; or
(ii) who is found begging, or living on the street,
or working in contravention of Child Labour
(Prohibition and Regulation) Act, 1986,
irrespective of whether the child is living with or
without a family or any home or settled place of
abode; or
(iii) who resides with a person (whether a guardian
of the child or not) and such person—
(a) has injured, exploited, abused or
neglected the child; or
(b) has threatened to kill, injure, exploit or
abuse the child and there is a reasonable
likelihood of the threat being carried out; or
(c) has killed, abused, neglected or exploited
some other child or children and there is a
reasonable likelihood of the child in question
being killed, abused, exploited or neglected by
that person; or
(iv) who is mentally ill or mentally or physically
challenged or suffering from terminal or incurable
disease, having no one to support or look after or
having parents or guardians, unfit or unable to
take care, if found so by the Competent Authority;
or
(v) who has a parent or guardian and such parent or
guardian is found to be unfit or incapacitated, by the
Competent Authority, to care for and protect the
safety and well-being of the child; or
(vi) who does not have parents and no one is willing
to take care of or whose parents have abandoned or
surrendered him or who is missing or run away child,
and whose parents cannot be found after reasonable
inquiry; orDraft for Website
18
th
June 2014
Page 5 of 68
(vii) who is being or is likely to be abused, tortured
or exploited for the purpose of sexual abuse or illegal
acts; or
(viii) who is found vulnerable and is likely to be
inducted into drug abuse or trafficking ; or
(ix) who is being or is likely to be abused for
unconscionable gains ; or
(x) who is victim of any armed conflict, civil unrest
or natural calamity;
(k) “child friendly” means any interpretation, practice,
process, attitude, environment or treatment that is
humane, considerate and in the best interest of the child;
(l) ―child legally free for adoption” means a child
declared as such under sub-section (1) of section 37 by the
Committee after due inquiry;
(m) “Open Shelter” means a drop in centre for children,
established and maintained by the State Government,
either by itself, or through a voluntary or nongovernmental organisation under sub-section (1) of
section 42, and registered as such, for the purposes
specified in that section;
(n) ―Children‘s Home‖ means a children‟s home,
established or maintained, in every district or group of
districts, by the State Government, either by itself, or
through a voluntary or non-governmental organisation,
and is registered as such for the purposes specified in subsection (1) of section 50;
(o) “Child Welfare Officer” means an officer attached to
a Children‟s Home, who is responsible, as prescribed, for
carrying out directions given by the competent authority;
(p) “Child Welfare Police Officer” means the officer
designated as such , under subsection (2) of section 108;
(q) ―Committee‖ means a Child Welfare Committee Draft for Website
18
th
June 2014
Page 6 of 68
constituted under sub-section (1) of section 25;
(r) ―Competent Authority‖ means, in relation to children in
need of care and protection, a Committee, and in relation to
children in conflict with law, a Board;
(s) ―Corporal Punishment” means the intentional
subjecting of a child, by any person, for disciplinary
purposes, to any physical penalty causing hurt and
grievous hurt, and persistent verbal abuse causing severe
emotional distress or trauma;
Explanation: For the purposes of this clause, the terms
„hurt‟ and „grievous hurt‟ shall have the meanings
ascribed to them under the Indian Penal Code, 1860.
(sa ) “Deputy Commissioner” means an officer appointed
by the State Government as the executive head of the
district.
(t)―District Child Protection Unit” means a Child
Protection Unit for a District, established by the State
Government under section 107, which is the focal point to
take up all matters relating to children and to ensure the
implementation of this Act;
(u) “fit facility” means a facility being run by a
Governmental Organisation or a registered voluntary or
non-governmental organisation, prepared to temporarily
own the responsibility of a child for a specific purpose, on
a short term or long term basis, and such facility is
recognised as fit for the said purpose, by the District Child
Protection Unit, under sub-section (1) of section 51;
(v) “fit person‖ means any person, prepared to own the
responsibility of a child, for a specific purpose on a short
term or long term basis, and such person is identified
after inquiry made in this behalf and recognised as „fit‟
for the said purpose, by the Committee or the Board, as
the case may be, to receive and take care of the child;
(w) Foreigner shall have the same meaning as defined in
the Foreigners Act, 1946;
61 of
1985.Draft for Website
18
th
June 2014
Page 7 of 68
(x) “Foster Care‟ means placement of a child, in a family,
which is not his biological family, for care and protection,
for a short or long term;
(y) ―guardian‖, in relation to a child, means his natural
guardian or any other person, having, in the opinion of the
Competent Authority, the actual charge of the child, and
recognised by the Competent Authority as a guardian in the
course of proceedings before that Authority;
(z) “habitual residence” means a place of settled dwelling,
which constitutes a person's ordinary residence at least
for a period of one year;
(za) ―narcotic drug‖ and ―psychotropic substance‖ shall have
the meanings respectively assigned to them in the Narcotic
Drugs and Psychotropic Substances Act, 1985;
(zb) “No Objection Certificate” for inter-country adoption
means a certificate issued by the Central Adoption
Resource Authority for the said purpose;
(zc) “Non-Resident Indian” (NRI) means person who
holds an Indian passport and is presently residing abroad
for more than one year;
(zd) “Notification” means the notification published in the
official Gazette of India, or as the case may be, in the
gazette of a State, and the expression “notify” shall be
construed accordingly;
(ze) ―observation home‖ means an observation home,
established and maintained, in every district or group of
districts, by a State Government, either by itself, or
through a voluntary or non-governmental organisation,
and is registered as such, for the purposes specified in
sub-section (1) of section 46;
(zf) ―offence‖ means an offence punishable under any law for
the time being in force;
(zg) “orphan” means a child –
(i) who is without biological or adoptive parents or
20 of
1958
104 of
1956Draft for Website
18
th
June 2014
Page 8 of 68
legal guardian; or
(ii) whose legal guardian is not willing to take, or
capable of taking care, of the child;
(zh) “Overseas Citizen of India” means a person
registered as such under the Citizenship Act, 1955;
(zi) “Person of Indian Origin” means a person, any of
whose lineal ancestors is or was an Indian national, and
who is presently holding a Person of Indian Origin Card
issued by the Government of India;
(zj) ―place of safety‖ means any place or institution, not being
a police lockup or jail, established separately or attached to
an observation home or a special home, as the case may
be, the person in-charge of which is willing to receive and
take care of children, or other persons, in conflict with law
placed there, by order of the Board, for a period and
purpose as defined in the order;
(zk) “pre–adoption foster care” means a stage when the
custody of a child is given to prospective adoptive parents
(PAPs) with a view to adopt;
(zl) ―prescribed‖ means prescribed under rules made under
this Act;
(zm) ―Probation Officer‖ means an officer appointed by the
State Government as a probation officer under the Probation
of Offenders Act, 1958 (20 of 1958);
(zn) “Prospective Adoptive Parents” means person (s)
eligible to adopt as per the criteria that may be
prescribed;
(zo) ―public place‖ shall have the meaning assigned to it in
the Immoral Traffic (Prevention) Act, 1956 (104 of 1956);
(zp) “Ragging” means any such conduct, or act which has
the effect of teasing, treating or handling with rudeness
any student or child in an institution; indulging in rowdy
or indisciplined activities which cause, or are likely to
cause, hardship, physical or psychological harm or raise
2 of
1974Draft for Website
18
th
June 2014
Page 9 of 68
fear or apprehension thereof, in a fresher or junior
student and which has the effect of causing or generating
a sense of shame or embarrassment so as to adversely
affect the psyche of a new or junior student or another
child;
(zq) “Registered” with reference to child care institutions
or agencies or facilities managed by the State
Government, or a voluntary or non-governmental
organization, means child care institutions or agencies or
facilities authorized and registered under section 40, for
providing residential care to children, on a short term or
long term basis;
(zr) ―Shelter Home‖ means an institution established by a
state government or by a voluntary organisation and
registered by that government under section 40, for
receiving and providing temporary care for child in need
of care and protection placed there by the Committee;
(zs) ―special juvenile police unit‖ means a unit of the police
force of a district or city as the case may be designated for
handling of children under section 108;
(zt) ―special home‖ means an institution established by a
State Government or by a voluntary or non-governmental
organization, registered under section 47, for housing and
providing rehabilitative services to children in conflict
with law, who are found, through inquiry, to have
committed an offence and are sent to such institution by
order of the Board;
(zu) “Specialised Adoption Agency” means an institution
established by State Government or by a voluntary or
non-governmental organisation, registered under section
61 of this Act, for housing orphans, abandoned and
surrendered children, placed there by order of the
Committee, for the purpose of adoption;
(zv) “sponsorship” means provision of supplementary
support, financial or otherwise, to the families to meet the
developmental needs of the child;
(zw) ―State Government‖, in relation to a Union Territory, Draft for Website
18
th
June 2014
Page 10 of 68
means the Administrator of that Union Territory appointed by
the President under article 239 of the Constitution;
(zx) “surrendered child” means a child, who is
relinquished by the parent(s) or guardian to the
Committee, on account of physical, emotional and social
factors beyond their control, and declared as such by the
Committee;
(zy) All words and expressions used but not defined in this
Act and defined in the Code of Criminal Procedure, 1973,
shall have the meanings respectively assigned to them in that
code.
Placement of persons,
who cease to be a
child during process of
inquiry under this Act
3. (1) Where an inquiry has been initiated in respect of any
child under this Act, and during the course of such inquiry
such a child ceases to remain a child, then, notwithstanding
anything contained in this Act or in any other law for the time
being in force, the inquiry may be continued by the concerned
Competent Authority and orders may be made in respect of
such person as if such person had continued to be a child.
(2) Persons in conflict with law under sub-section (1), in
respect of whom an inquiry is on-going or those persons in
conflict with law apprehended after attaining the age of
eighteen years for offence committed while still a child,
and not released on bail, shall be placed in a place of
safety till the inquiry is completed.
(3) In matters involving any child in need of care and
protection under sub-section (1) placed in institutional
care, such person shall remain in a children‟s home till
such time that the inquiry is completed, only if there is no
fit family for restoration of such person.
CHAPTER-II
FUNDAMENTAL PRINCIPLES FOR CARE,
PROTECTION, REHABILITATION AND JUSTICE
FOR CHILDREN
Fundamental
principles for care,
protection
rehabilitation and
justice for children.
4. The principles mentioned in this section, henceforth
are called „Fundamental Principles‟, which are
fundamental to the understanding and implementation of
the Act and all Competent Authorities or agencies, as the
case may be, shall abide and be guided by these Principles
to apply, interpret and implement any provision related to Draft for Website
18
th
June 2014
Page 11 of 68
Care, Protection, Rehabilitation and Justice for Children,
under this Act.
These Principles are:
(i) Principle of presumption of innocence: Any child is
to be presumed to be innocent of any malafide or criminal
intent upto the age of eighteen years.
(ii) Principle of dignity and worth: All human beings are to
be treated as equal in dignity and rights.
(iii) Principle of participation: Every child has a right to
be heard and to participate in all processes and decisions
affecting his or her interest and the child‟s views shall be
taken into consideration with due regard to the age and
maturity of the child. The family of the child also has a
right to such participation unless decided otherwise by the
Competent Authority, in the best interest of the child.
(iv) Principle of best interest: All decisions regarding
children should be based on the primary consideration
that they are in the best interest of the child and shall help
the child thereby to develop to his or her full potential.
(v) Principle of family responsibility: The primary
responsibility of care, nurture and protection of the child
is that of the biological family or adoptive or foster
parents as the case may be.
(vi) Principle of safety (no harm, no abuse, no neglect, no
exploitation and no maltreatment): All measures will be
taken to ensure that the child is safe and is not subjected
to any harm, abuse or maltreatment while in contact with
the care and protection system, and thereafter.
(vii) Positive measures: All resources shall be mobilized
including those of family and community, for promoting
well-being, facilitating development of identity and
providing an inclusive and enabling environment, to
reduce vulnerabilities of children and the need for
intervention under this Act. Draft for Website
18
th
June 2014
Page 12 of 68
(viii) Principle of non-stigmatizing semantics: Use of
adversarial or accusatory words should not be made in
processes pertaining to a child under this Act
(ix) Principle of non-waiver of rights: No waiver of rights
of the child is permissible or valid, whether sought by the
child or person acting on behalf of the child, or a
Competent Authority under this Act.
(x) Principle of equality and non-discrimination: There
shall be no discrimination against a child on any grounds
including sex, place of birth, disability, offence committed
etc. and equality of access, opportunity and treatment
shall be provided to every child under this Act.
(xi) Principle of right to privacy and confidentiality: The
child has a right to protection of his/her privacy and
confidentiality, by all means and through all stages of the
proceedings under this Act.
(xii) Principle of institutionalization as a measure of last
resort: A child shall be placed in institutional care only
temporarily and if no other family based care option is
possible or available.
(xiii) Principle of repatriation and restoration: Every child
in the juvenile justice system has the right to be reunited
with their families at the earliest and to be restored to the
same socio- economic and cultural status that they were in
before coming under the purview of the Act, unless such
restoration and repatriation is not in their best interest.
(xiv) Principle of fresh start: All past records of any child
under the Juvenile Justice system should be erased.
(xv) Principle of diversion: Measures for dealing with
children in conflict with law without resorting to judicial
proceedings, shall be promoted.
(xvi) Principles of natural justice: Basic procedural
standards of fairness should be adhered to, including the
right to a fair hearing, rule against bias and the right to
review, by all persons or bodies, acting in a judicial Draft for Website
18
th
June 2014
Page 13 of 68
capacity under this Act.
CHAPTER-III
JUVENILE JUSTICE BOARD
Juvenile Justice Board 5. (1) Notwithstanding anything contained in the Code of
Criminal Procedure, 1973(2 of 1974), the State Government
shall, constitute for every district, one or more Juvenile
Justice Boards for exercising the powers and discharging the
duties conferred or imposed on such Boards in relation to
children in conflict with law under this Act.
(2) A Board shall consist of a Metropolitan Magistrate or a
Judicial Magistrate of the first class, as the case may be, not
being Chief Metropolitan Magistrate or Chief Judicial
Magistrate, and two social workers, at least one of whom
shall be a woman, forming a Bench and every such Bench
shall have the powers conferred by the Code of Criminal
Procedure, 1973 (2 of 1974) on a Metropolitan Magistrate or,
as the case may be, a Judicial Magistrate of the first class.
(3) The Magistrate on the Board shall be designated as the
Principal Magistrate.
(4) No social worker shall be appointed as a member of the
Board unless such person has been actively involved in
health, education, or welfare activities pertaining to children
for at least seven years or a practicing professional with a
degree in child psychology.
(5) The State Government shall ensure that induction
training & sensitization of all members of the Board on
care, protection, rehabilitation, and justice for children, as
prescribed, is provided within two months of
appointment.
(6) The term of office of the members of the Board and the
manner in which such member may resign shall be such as
may be prescribed.
(7) The appointment of any member of the Board, except for
that of the Principal Magistrate, may be terminated after
holding inquiry, by the State Government, if –
(i) he has been found guilty of misuse of power vested
2 of
1974.
2 of
1974.Draft for Website
18
th
June 2014
Page 14 of 68
under this act,
(ii) he has been convicted of an offence involving moral
turpitude, and such conviction has not been reversed or
he has not been granted full pardon in respect of such
offence,
(iii) he fails to attend the proceedings of the Board for
consecutive three months without any valid reason or he
fails to attend less than three-fourths of the sittings in a
year.
Procedure in relation
to Board
6. (1) The Board shall meet at such times and shall, observe
such rules of procedure in regard to the transaction of
business at its meetings, as may be prescribed, to ensure that
all procedures are child friendly and that the venue is not
intimidating to the child and does not resemble adult
courts.
(2) A child in conflict with law may be produced before an
individual member of the Board, when the Board is not
sitting.
(3) A Board may act notwithstanding the absence of any
member of the Board, and no order made by the Board shall
be invalid by reason only of the absence of any member
during any stage of proceedings:
Provided that there shall be at least two members including
the Principal Magistrate present at the time of final disposal
of the case.
(4) In the event of any difference of opinion among the
members of the Board in the interim or final disposal, the
opinion of the majority shall prevail, but where there is no
such majority, the opinion of the Principal Magistrate, shall
prevail.
Powers, Functions
and Responsibilities
of the Board.
7. (1). Notwithstanding anything contained in any other law
for the time being in force but save as otherwise expressly
provided in this Act, the Board constituted for any district
shall have the power to deal exclusively with all the
proceedings under this Act, relating to children in conflict
with law, in the area of jurisdiction of such Board:Draft for Website
18
th
June 2014
Page 15 of 68
(2). The powers conferred on the Board by or under this Act
may also be exercised by the High Court and the Court of
Sessions, when the proceedings come before them in appeal,
revision or otherwise.
(3). The functions and responsibilities of the Juvenile
Justice Board shall include:
(a) ensuring the informed participation of the child and
the parent or guardian, in every step of the process;
(b) ensuring that the child‟s rights are protected
throughout the process of apprehending the child,
inquiry and rehabilitation;
(c) ensuring availability of legal aid for the child through
the legal services institutions;
(d) directing the Probation Officer, or in case a Probation
Officer is not available the Child Welfare Officer, to
undertake a social investigation into the case, and
submit a report to ascertain circumstances in which
the alleged offence was committed;
(e) inquiring into the case;
(f) disposing of the matter and passing a final order that
includes an individual care plan for the child‟s
rehabilitation, including follow up by the Probation
Officer or the District Child Protection Unit, as
required;
(g) conducting inquiry for declaring „fit persons‟
regarding care of children in conflict with law;
(h) conducting regular inspection visits of residential
facilities for children in conflict with law (minimum
one inspection visit in a month) and recommend
action for improvement in quality of services to the
District Child Protection Unit and State Government;
and
(i) any other function that may be prescribed.Draft for Website
18
th
June 2014
Page 16 of 68
Procedure to be
followed by a
Magistrate who has
not been empowered
under this Act.
8. (1) When a magistrate, not empowered to exercise the
powers of Board under this Act is of the opinion that the
person alleged to have committed the offence and brought
before him is a child, he shall, without any delay, record such
opinion and forward the child immediately, and send record
of such proceeding, to the Board having jurisdiction over
the proceeding.
(2) In case a person alleged to have committed an
offence claims before a Court other than a Board, that the
person is a child or was a child on the date of commission
of the offence, or if the court itself is of the opinion that the
person was a child on the date of commission of the offence,
the said court shall make an inquiry, take such evidence as
may be necessary (but not an affidavit) to determine the age
of such person, and shall record a finding on the matter,
stating the age of the person as nearly as may be:
Provided that such a claim may be raised before any court
and it shall be recognized at any stage, even after final
disposal of the case, and such a claim shall be determined in
terms of the provisions contained in this Act and the rules
made hereunder even if the person has ceased to be a child
on or before the date of commencement of this Act.
(3) If the court finds that a person has committed an
offence and was a child on the date of commission of the
offence, it shall forward the child to the Board for passing
appropriate orders and the sentence, if any, passed by the
court shall be deemed to have no effect.
(4) In case a person under this Section is required to be
kept in protective custody, while the person‟s claim of
being a child is being inquired into, such person may be
placed, in the interim period, in a place of safety.
CHAPTER-IV
PROCEDURE IN RELATION TO CHILDREN IN
CONFLICT WITH LAW
Apprehending of child
alleged to be in
9 (1). As soon as a child alleged to be in conflict with law is
apprehended by the police, such child shall be placed under Draft for Website
18
th
June 2014
Page 17 of 68
conflict with law. the charge of the special juvenile police unit or the
designated child welfare police officer, who shall produce
the child before the Board without any loss of time but within
a period of twenty-four hours of apprehending of the child
excluding the time necessary for the journey, from the place
where the child alleged to be in conflict with law was
apprehended:
Provided that in no case, shall a child alleged to be in conflict
with law, be placed in a police lockup or lodged in a jail.
(2) The State Government shall make rules consistent with
this Act,-(i) to provide for persons through whom (including
registered voluntary or non-governmental organisations)
any child alleged to be in conflict with law may be
produced before the Board;
(ii) to provide the manner in which such child alleged to
be in conflict with law may be sent to an observation
home or place of safety, as the case may be.
Role of custodian of
child in conflict with
law.
10. Any person in whose charge a child in conflict with law
is placed, shall while the order is in force, have authority
over the said child, as if the said person was the child‘s
parent and responsible for the child‘s maintenance.
Provided that the child shall continue in such person‟s
charge for the period stated by the Board,
notwithstanding that the said child is claimed by the
parents or any other person.
Bail of child alleged
to be in conflict with
law.
11.(1) When any person alleged to have committed a
bailable or non-bailable offence, who is apparently a child, is
apprehended or detained or appears or is brought before a
Board, such person shall, notwithstanding anything contained
in the Code of Criminal Procedure, 1973 (2 of 1974) or in any
other law for the time being in force, be released on bail with
or without surety or placed under the supervision of a
Probation Officer or under the care of any fit facility or fit
person:
Provided that such person shall not be so released if there
appears reasonable grounds for believing that the release
2 of
1974Draft for Website
18
th
June 2014
Page 18 of 68
is likely to bring this person into association with any
known criminal or expose the said person to moral,
physical or psychological danger or that the person‟s
release would defeat the ends of justice.
(2) When such person having been apprehended is not
released on bail under sub-section (1) by the officer in-charge
of the police station, such officer shall cause the person to be
kept only in an observation home in the prescribed manner
until the person can be brought before a Board.
(3) When such person is not released on bail under subsection (1) by the Board it shall, make an order sending him
to an observation home or a place of safety, as the case may
be, for such period during the pendency of the inquiry
regarding the person as may be specified in the order.
Information to parents,
guardian or Probation
Officer
12. Where a child alleged to be in conflict with law is
apprehended, the officer designated as Child Welfare
Police Officer of the police station, or the special juvenile
police unit to which such child is brought, shall, as soon as
possible after apprehending the child, inform -(i) the parent or guardian of such child, if they can be
found, and direct them to be present at the Board
before which the child will appear; and
(ii) the probation officer, or if no probation officer is
available, a Child Welfare Officer, for preparation
and submission within two weeks to the Board, a
social investigation report containing information
regarding the antecedents and family background of
the child and other material circumstances likely to be
of assistance to the Board for making the inquiry.
Inquiry by Board
regarding child in
conflict with law.
13. Where a child alleged to be in conflict with law having
been charged with the offence is produced before a Board, the
Board shall hold the inquiry in accordance with the provisions
of this Act and may make such order in relation to such child
as it deems fit:
Provided that an inquiry under this section shall be completed Draft for Website
18
th
June 2014
Page 19 of 68
within a period of four months from the date of its
commencement, unless the period is extended, for a
maximum period of two more months by the Board, having
regard to the circumstances of the case and after recording
the reasons in writing for such extension.
Provided that if such inquiry by the Board remains
inconclusive even after the extended period, the
proceedings shall stand terminated.
Provided further that for serious offences, in case the
Board requires further extension of time for completion of
inquiry, the same may be granted by the Chief Judicial
Magistrate for reasons to be recorded in writing.
Explanation: For the purpose of this section, any serious
offence is an offence entailing a punishment of more than
seven years imprisonment for adults.
Inquiry into specific
offences by the Board
14 (1) In case of a child alleged to be in conflict with law,
who has completed sixteenth year of age as on the date of
commission of an offence under sections 302, 326A, 376,
376A or section 376D of the Indian Penal Code, the Board
shall conduct an inquiry within a period of one month
from the date of production of such child before the
Board, regarding the premeditated nature of such offence,
the mitigating circumstances in which such offence was
committed, the culpability of the child in committing such
offence and the child‟s ability to understand the
consequences of the offence, and make an order in
accordance with the provisions of sub-section (3) of
section 17.
(2) In case of a child in conflict with law who has
completed sixteenth year of age and has committed an
offence under sections 307, 354B, 363, 364, 365, 366, 367,
368, 369, 371, 372, 373, 392, 395, 396, 397 or section 398 of
the Indian Penal Code, the Board shall conduct inquiry
within a period of one month from the date of production
of such child before the Board, regarding previous history
of commission of such offences by the child,
premeditated nature of such offence, mitigating
circumstances in which the offence was committed,
45 of
1860 Draft for Website
18
th
June 2014
Page 20 of 68
culpability of the child in committing such offence and
the child‟s ability to understand consequences of offence
so committed and if the child is found to be a repeat
offender of such offence, it shall make an order in
accordance with the provisions of sub-section (3) of
section 17.
Explanation.––For the purposes of this sub-section, it is
clarified that no child shall be considered as a repeat
offender on the ground that there is a case pending
against such child in respect of an offence specified in subsection (2) of this section.
Review of pendency
of Inquiry
15 (1). The Chief Judicial Magistrate or the Chief
Metropolitan Magistrate shall review the pendency of cases of
the Board at every three months, and shall direct the Board to
increase the frequency of its sittings or may recommend the
constitution of additional Boards.
(2). The number of cases pending in the Boards, period
for which pending, nature of pendency and r easons
thereof etc. shall be reviewed bi-annually by a high level
committee chaired by Executive chairman of the State
Legal Services Authority and consisting of the Home
Secretary, the Secretary responsible for implementation
of this Act in the State and a representative from a
voluntary or non-governmental organization to be
nominated by the Chairperson.
(3). Information of such pendency shall also be furnished
by the Boards to the State Government on a quarterly
basis in a format as prescribed by the State Government.
Orders that may be
passed regarding a
child not found to be
in conflict with law.
16. (1) Where a Board is satisfied on inquiry that the child
brought before it has not committed any offence, then
notwithstanding anything to the contrary contained in any
other law for the time being in force, the Board may pass
orders to this effect.
(2) In case it appears to the Board that the child under
sub-section (1) is in need of care and protection, it may
refer the child to the Committee.Draft for Website
18
th
June 2014
Page 21 of 68
Orders that may be
passed regarding a
child found to be in
conflict with law.
17. (1) Where a Board is satisfied on inquiry that the child
brought before it has committed an offence, then
notwithstanding anything to the contrary contained in any
other law for the time being in force, and based on the
nature of offence, specific need for supervision or
intervention, mitigating circumstances as brought out in
the social investigation report and past record of the child,
the Board may if it so thinks fit,-(a) allow the child to go home after advice or
admonition following appropriate inquiry and
counselling to the parent or the guardian and the said
child;
(b) direct the child to participate in group counselling
and similar activities;
(c) order the child to perform community service
under the supervision of an organization or
institution, or a specified person, persons or group
of persons identified by the Board;
(d) order the parent of the said child or the child
himself to pay a fine, if he is over fourteen years of age
and earns money;
Provided that, in case the child is earning, it may be
ensured that the provisions of the Child
Labour (Prohibition and Regulation) Act, 1986 and
the Right of Children to Free and Compulsory
Education Act, 2009 are not violated.
(e) 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 the Board may require, for the good
behaviour and well-being of the child for any period
not exceeding three years;
(f) direct the child to be released on probation of good
conduct and placed under the care and supervision of
any fit facility for ensuring the good behaviour and
61 of
1986.Draft for Website
18
th
June 2014
Page 22 of 68
well-being of the child for any period not exceeding
three years;
(g) direct that the child be sent to a special home, for
such period, not exceeding three years, as it thinks
fit, for providing inter alia reformative services
including educational services, skill development,
alternative therapy such as counselling, behaviour
modification therapy, and psychiatric support
during the period of stay in the special home.
Provided that :
(i) where the child has attained the age of sixteen
years and has committed an offence and the Board is
satisfied that the offence is of serious nature, or
that the child‟s conduct and behaviour have been
such that it would not be in the child‟s interest, or in
the interest of other children housed in a special
home, to send such child to the special home; or
(ii) in case the child is a habitual offender, and none
of the other measures provided under this Act is
suitable or sufficient; or
(iii) if the person is above eighteen years of age at the
time of final orders;
the Board may order such child or person to be kept
in a place of safety and in such manner as it thinks
fit and the period of detention so ordered shall not
exceed in any case the maximum period provided for
under this Act.
(2). If an order is passed under (a) to (f) of sub-section (1),
the Board may, in addition also pass orders related to :
i) attend school;
ii) attend a vocational training centre;
iii) attend a therapeutic centre;
iv) prohibit the child from visiting, frequenting or
appearing at a specified place;
(3) Subject to the provisions of this section, the Board Draft for Website
18
th
June 2014
Page 23 of 68
shall, after the inquiry under sub-section (1) or subsection (2) of section (14), pass an order for continued
adjudication of the case in accordance with the provisions
of this Act or to transfer such case to the court having
jurisdiction over such offence.
Order that may not be
passed against a child
in conflict with law.
18. Notwithstanding anything to the contrary contained in
any other law for the time being in force, no child in conflict
with law shall be placed in a special home in default of
payment of fine or in default of furnishing security or
sentenced to death or life imprisonment for any offence
committed by the child.
Order that may not
be passed against
child in conflict with
law with respect to
specific offences
19. No juvenile in conflict with law who has completed
sixteenth year of age and is found to have committed an
offence referred to in sub-sections (1) and (2) of section 14
shall be sentenced to death or for life imprisonment
without the possibility of release, for any such offence,
either under the provisions of this Act or under the
provisions of Indian Penal Code.
45 of
1860.
Proceeding under
Chapter VIII of the
Code of Criminal
Procedure not to apply
against child.
20. Notwithstanding anything to the contrary contained in the
Code of Criminal Procedure, 1973, or any preventive
detention law for the time being in force, no proceeding shall
be instituted and no order shall be passed against any child
under Chapter VIII of the said Code.
2 of
1974
No joint proceeding of
child in conflict with
law and person not a
child.
21. (1) Notwithstanding anything contained in section 223 of
the Code of Criminal Procedure, 1973 or in any other law for
the time being in force, there shall be no joint proceedings
of a child alleged to be in conflict with law with a person
who is not a child.
(2). If a child is alleged to have committed an offence for
which under section 223 of the Code of Criminal Procedure,
1973 (2 of 1974) or any other law for the time being in force,
such child and any person who is not a child, but for the
prohibition contained in sub-section (1), have been charged
and tried together, the Board taking cognizance of that
offence shall direct separate trials of the child alleged to be in
conflict with law and the other person.
2 of
1974.
2 of
1974.
Removal of 22. (1) Notwithstanding anything contained in any other law Draft for Website
18
th
June 2014
Page 24 of 68
disqualification on the
findings of an offence.
for the time-being in force, a child who has committed an
offence and has been dealt with under the provisions of this
Act shall not suffer disqualification, if any, attached to a
conviction of an offence under such law.
(2). The Board shall make an order directing that the relevant
records of such conviction shall be removed after the expiry
of the period of appeal or a reasonable period as prescribed
under the rules, as the case may be.
Special provision in
respect of pending
cases.
23. Notwithstanding anything contained in this Act, all
proceedings in respect of a child alleged or found to be in
conflict with law in any Board or court on the date on which
this Act comes into force, shall be continued in that Board or
court as if this Act had not been passed.
Provided that provisions of section 13 of this Act shall apply
with regard to inquiry pending before the Board.
Provision with respect
of run-away child in
conflict with law.
24. (1). 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 in conflict with
law who has run away from a special home or an observation
home or a place of safety or from the care of a person or
institution under whom the child was placed under this Act.
(2). The said child shall be produced, within twenty four
hours of the child being taken charge of by the police
officer, preferably before the Board which passed the
original order in respect of that child if possible, or the
Board nearest to where the child is found.
(3). The Board shall ascertain the reasons for the child
having run away and pass appropriate orders for the
child to be sent back either to the institution or person
from whose custody the child had run away or any other
similar place or person that the Board may deem fit.
Provided that the Board may also give additional
directions regarding any special steps that may be deemed
necessary, in respect of the best interest of the child.
(4). No additional proceeding shall be instituted in
respect of such child. Draft for Website
18
th
June 2014
Page 25 of 68
CHAPTER-V
CHILD WELFARE COMMITTEE
Child Welfare
Committee
25. (1). The State Government shall constitute for every
district, one or more Child Welfare Committees for exercising
the powers and to discharge the duties conferred on such
Committees in relation to children in need of care and
protection under this Act, by notification in the Official
Gazette and ensure that induction training and
sensitisation of all members of the committee is provided
within two months of notification of the committee.
(2) The Committee shall consist of Deputy Commissioner or
District Magistrate, as the case may be as Chairperson,
Chief Medical Officer of the district and three social
workers as members, at least one of whom shall be a woman.
(3) No social worker shall be appointed as member of the
Committee unless such person has been actively involved
in health, education, or welfare activities pertaining to
children for atleast seven years or a practicing
professional with a degree in child psychology.
(4) The qualifications of the social workers and the tenure for
which they may be appointed shall be such as may be
prescribed.
(5) The appointment of any member of the Committee may be
terminated, after inquiry, by the State Government, if-(i) he has been found guilty of misuse of power vested
under this Act;
(ii) he has been convicted of an offence involving moral
turpitude, and such conviction has not been reversed or he
has not been granted full pardon in respect of such offence;
(iii) he fails to attend the proceedings of the Committee for
consecutive three months without any valid reason or he
fails to attend less than three-fourths of the sittings in a
year.
2 of
1974.Draft for Website
18
th
June 2014
Page 26 of 68
(6) The Committee shall function as a Bench of Magistrates
and shall have the powers conferred by the Code of Criminal
Procedure, 1973 on a Metropolitan Magistrate or, as the case
may be, a Judicial Magistrate of the first class.
Procedure in relation
to Committee.
26. (1) The Committee shall meet at such times and shall
observe such rules of child friendly procedure in regard to
the transaction of business at its meetings, as may be
prescribed.
(2) A child in need of care and protection may be produced
before an individual member for being placed in safe custody
when the Committee is not in session.
(3) In the event of any difference of opinion among the
members of the Committee at the time of any decision, the
opinion of the majority shall prevail but where there is no
such majority the opinion of the Chairperson shall prevail.
(4) Subject to the provisions of sub-section (1), the
Committee may act, notwithstanding the absence of any
member of the Committee, and no order made by the
Committee shall be invalid by reason only of the absence of
any member during any stage of the proceeding.
Provided that there shall be atleast three members
including the chairperson present at the time of final disposal
order of the case.
Powers of the
Committee.
27. (1) The Committee shall have the final authority to
dispose of cases for the care, protection, treatment,
development and rehabilitation of children, in need of care
and protection, as well as to provide for their basic needs and
protection of human rights.
(2) Where a Committee has been constituted for any area,
such Committee shall, notwithstanding anything contained in
any other law for the time being in force but save as otherwise
expressly provided in this Act, have the power to deal
exclusively with all proceedings under this Act relating to
children in need of care and protection.
Functions and 28. The Functions and responsibilities of the Committee Draft for Website
18
th
June 2014
Page 27 of 68
responsibilities of the
Committee.
shall include :
(i) taking cognizance of and receiving children
produced;
(ii) conducting inquiry on all issues relating to and
affecting the safety and well-being of children under this
Act;
(iii) directing the Child Welfare Officers or Probation
Officers or Non-Governmental Organisations to conduct
social investigation and submit a report before the
Committee;
(iv) conducting inquiry for declaring „fit persons‟ for
care of children in need of care and protection;
(v) ensuring care, protection, appropriate rehabilitation
or restoration of children in need of care and protection,
based on the child‟s individual care plan and passing
necessary directions to parents or guardians or fit
persons or children‟s homes or fit facility in this regard;
(vi) selecting registered institution for placement of
each child requiring institutionalization, based on the
child‟s age, gender and needs and keeping in mind the
available capacity of the institution;
(vii) conducting regular inspection of residential
facilities for children in need of care and protection
(minimum one inspection visit per month) and
recommend action for improvement in quality of
services to the District Child Protection Unit and the
State Government;
(viii) witnessing the execution of the surrender deed by
the parents and ensuring that they are given time to
reconsider the decision as well as making all efforts to
keep the family together;
(ix) ensuring that all efforts are made for restoration of
abandoned or lost children to their families following
due process as may be prescribed;
(x) declaration of orphan, abandoned and surrendered
child as legally free for adoption;
(xi) taking suo moto cognizance of cases and reaching out
to children in need of care and protection, who are not
produced before the Committee provided such decision is
taken by atleast three members including the
32 of
2012. Draft for Website
18
th
June 2014
Page 28 of 68
chairperson;
(xii) taking action for rehabilitation of sexually abused
children who are reported as children in need of care and
protection to the Committee by Special Juvenile Police
Unit or local Police, as the case may be, under the
Protection of Children from Sexual Offences Act, 2012.
CHAPTER-VI
PROCEDURE IN RELATION TO CHILDREN IN
NEED OF CARE AND PROTECTION
Production before
Committee.
29. (1). Any child in need of care and protection may be
produced before the Committee by any of the following
persons :-
(i) any police officer or special juvenile police unit or
a designated Child Welfare Police Officer or
Inspector appointed under section 17 of Child
Labour (Prohibition and Regulation) Act, 1986;
(ii) any public servant;
(iii) Childline Services or by any voluntary or nongovernmental organisation or any agency as may be
recognised by the State Government;
(iv) Child Welfare Officer or Probation Officer;
(v) any social worker or a public spirited citizen; or
(vi) by the child himself.
Provided that the child shall be produced before the
Committee without any loss of time but within a period of
twenty-four hours excluding the time necessary for the
journey.
(2) The State Government may make rules consistent with
this Act to provide for the manner of making the report to the
Committee and the manner of sending and entrusting the
child, children‘s home or shelter home or fit facility or fit
person, as the case may be, during the period of the inquiry.
61
of 1986.
Mandatory reporting
regarding a child
found separated
30. Any individual or organization or a nursing home or
hospital or maternity home, who or which finds and takes
charge, or is handed over, a child who appears or claims Draft for Website
18
th
June 2014
Page 29 of 68
from guardian to be abandoned or lost, or a child who appears or claims
to be an orphan without family support, shall within
twenty-four hours (excluding the time necessary for the
journey), give information regarding this to Childline
Services or the nearest police station or to a Child Welfare
Committee or to the District Child Protection Unit, or
hand over the child to a child care institution registered
under this Act, as the case may be.
Offence of nonreporting
31. If information regarding a child as required under
section 30 is not given within the stipulated time, such act
shall be regarded as an offence.
Penalty for nonreporting
32. The person or person incharge of organisation or
nursing home or hospital or maternity home responsible
for reporting under section 30 shall be liable to
imprisonment up to six months or fine of Rs. 10,000/ - or
both, in case they commit an offence under section 31.
Surrender of
Children.
33. (1) A parent or guardian, who for physical, emotional
and social factors beyond their control, wishes to
surrender a child, may produce the child before the
Committee.
Provided that an unwed mother wishing to surrender her
child, may do so in the presence of a single member of the
Committee, in the manner prescribed.
(2). If, after prescribed process of inquiry, in the opinion
of Committee, surrender is inevitable, a surrender deed as
prescribed shall be executed by the parent(s) or guardian,
as the case may be, before the Committee.
(3). The surrendering parents or guardian, as the case
may be, shall be given one month time to reconsider their
decision to surrender the child and in the interim period
the Committee shall either allow, after due inquiry, the
child to be with the parents/guardians under supervision,
or place the child in a Specialised Adoption Agency if he
or she is below six years of age, or a children‟s home if
older.Draft for Website
18
th
June 2014
Page 30 of 68
Inquiry. 34. (1) On production of a child or receipt of a report under
section 29, the Committee shall hold an inquiry in the
prescribed manner and the Committee, on its own or on the
report from any person or agency as mentioned in sub-section
(2) of section 29, may pass an order to send the child to the a
children‘s home or shelter home or a fit facility or fit
person, and for speedy social investigation by a social
worker or child welfare officer or child welfare police
officer.
Provided that all children below six years of age, who are
orphan, surrendered or appear to be abandoned shall be
placed in Specialised Adoption Agency, where available.
(2). The social investigation shall be completed
expeditiously so as to enable the Committee to pass the
final order within four months of first production of the
child;
Provided that for orphan, abandoned or surrendered
children, the time for completion of inquiry shall be as per
section 37.
(3). After the completion of the inquiry, if, the Committee is
of the opinion that the said child has no family or ostensible
support or is in continued need of care and protection, it may
send the child to a Specialised Adoption Agency if the child
is below six years of age, children‟s home or to a fit facility
or person, till suitable means of rehabilitation are found for
the child, as prescribed, or till the child attains the age of
eighteen years;
Provided that the situation of the child placed in a
children‟s home or with a fit facility or person, shall be
reviewed by the Committee, as may be prescribed.
(4) The Committee shall submit a quarterly report of
nature of disposal of cases and pendency to the State
Government in the manner prescribed, for review of
pendency of cases every three months;
Provided that the State Government shall direct the
Committee to increase the frequency of its sittings to address Draft for Website
18
th
June 2014
Page 31 of 68
pendency and may cause the constitution of additional
Committees, when necessary;
Provided also that if pendency continues to be
unaddressed by the Committee even after three months of
receiving such directions, the State Government may
reconstitute the Committee responsible for the same.
(5) The pendency shall also be reviewed biannually by a high
level committee constituted by the State Government, headed
by the Executive chairman of the State Legal Services
Authority and consisting of the Secretary responsible for
implementation of this Act in the State, the Chairperson
of the State Commission for Protection of Child Rights
and a representative from a voluntary or nongovernmental organization to be nominated by the head
of the high level committee.
Orders that may be
passed regarding a
child in need of care
and protection
35. The Committee on being satisfied through the Inquiry
that the child before the Committee is a child in need of
care and protection, on consideration of Social
Investigation Report submitted by Child Welfare Officer
and taking into account the child‟s wishes in case the child
is sufficiently mature to take a view, may pass one or
many of the following orders:
(a) declaration of a child as in need of care and
protection;
(b) restoration of child to the parents or legal guardian or
family with or without supervision of child welfare
officer or designated social worker;
(c) placement in Reception Centre or Children‟s Home or
fit facility or Specialised Adoption Agency (for
children less than six years of age whose family cannot
be traced), for long term or temporary care, keeping
in mind the capacity of the institution for housing such
children, either after reaching the conclusion that the
family of the child cannot be traced or even if traced,
restoration of the child to the family is not in the best
interest of the child;
(d) placement with „fit person‟ for long term or Draft for Website
18
th
June 2014
Page 32 of 68
temporary care;
(e) foster care orders under section 43 of this Act;
(f) sponsorship orders under section 44 of this Act;
(g) directions to persons or institutions or facilities in
whose care the child is placed, regarding care,
protection and rehabilitation of the child, including
directions related to immediate shelter and services
such as medical attention, psychiatric and
psychological support including need-based
counselling, occupational therapy or behaviour
modification therapy, skill training, legal aid,
educational services, and other developmental
activities, as required, as well as follow-up and
coordination with District Child Protection Unit or
State Government and other agencies;
(h) declaration of child as legally free for adoption under
section 37 of this Act;
(2) The Committee may also pass orders for:
(i) declaration of fit persons for foster care ;
(ii) pre- adoption foster care; and
(iii) placing a child in After care under section 45 of the
Act.
(3) An order related to any other function prescribed.
Orders that may not
be passed regarding
a child in need of
care and protection
36. No order shall be passed by the Committee regarding
a child in need of care and protection related to:
(i) adoption orders for the said child under any law
for the time being in force
(ii) custody of the child in cases of marital dispute
Procedure for
declaring a child
„legally free for
adoption‟.
37. (1). In case of orphan and abandoned children, t he
Committee shall make all efforts for tracing the parents
or guardians of the child as prescribed and on completion
of such inquiry, if it is established that the child is either
an orphan having no one to take care, or abandoned, the
Committee shall declare the child legally free for
adoption.Draft for Website
18
th
June 2014
Page 33 of 68
Provided that such declaration shall be made within a
period of two month from the date of production of the
child, for children who are up to two years of age and
within four months for children above two years of age.
(2). In case of surrendered children, the institution where
the child has been placed by the Committee on
application for surrender, shall bring the case before the
Committee, immediately, on completion of the
reconsideration period as provided under section 33, for
declaring the child legally free for adoption.
(3) The decision to declare orphan, abandoned and
surrendered children as legally free for adoption, shall be
taken by at least three members of the Committee,
including the chairperson.
(4) The Committee shall inform the State Government
and Central Adoption Resource Authority regarding
number of children declared legally free for adoption and
number of cases pending for decision in the manner
prescribed, every three months.
CHAPTER-VII
REHABILITATION AND SOCIAL RE-INTEGRATION
Process of
rehabilitation and
social re-integration.
38. (1)The process of rehabilitation and social integration of
children under this Act shall be undertaken, based on the
individual care plan of the child, preferably through family
based care i.e. by restoration to family or guardian with or
without supervision or sponsorship, or adoption or fostercare.
Provided that all efforts shall be made to keep siblings
placed in institutional or non-institutional care, together,
unless it is in their best interest not to be kept together.
(2) For children in conflict with law the process of
rehabilitation and social integration shall be undertaken
in the observation homes if the child is not released on bail
or in special homes or place of safety or fit facility or with
a fit person, if placed there by orders of the Board.Draft for Website
18
th
June 2014
Page 34 of 68
(3) Children in need of care and protection who are not
placed in families for any reason may be placed in an
institution registered for such children under this Act or
with a fit person or a fit facility, on a temporary or longterm basis, and the process of rehabilitation and social
integration shall be undertaken wherever the child is so
placed.
(4). Children in need of care and protection who are
leaving institutional care on attaining eighteen years of
age, or children in conflict with law leaving special homes,
may be provided support through aftercare services
under section 45, to help them reintegrate into society.
Restoration of child in
need of care and
protection.
39. (1). Restoration and protection of a child shall be the
prime objective of any children's home, Specialised Adoption
Agency or Open Shelter.
(2). The children's home, specialised adoption agency or an
Open Shelter as the case may be, shall take such steps as are
considered necessary for the restoration and protection of a
child deprived of his family environment temporarily or
permanently where such child is under their care and
protection.
(3). The Committee shall have the powers to restore any
child in need of care and protection to his parent, guardian or
fit person, as the case may be, after determining the
suitability of the parent or guardian or fit person to take care
of the child, and give them suitable directions.
Explanation.- For the purposes of this section "restoration of
and protection of a child" means restoration to-(a) parents;
(b) adoptive parents;
(c) foster parents.
(d) guardian;
(e) fit person;
Registration of child
care institutions
housing a child.
40. (1) Notwithstanding anything contained in any other
law for the time-being in force, all institutions, whether
run by State Government or those run by voluntary or
non-governmental organizations, which are meant, either Draft for Website
18
th
June 2014
Page 35 of 68
wholly or partially, for housing children in need of care
and protection as defined under section 2(j) or children in
conflict with law, shall, be registered under this Act, in
such manner as may be prescribed, within a period of six
months from the date of commencement of this Act,
regardless of whether they are receiving grants from the
Government or not,
Provided that institutions having valid registration under
the Juvenile Justice (Care and Protection of Children)
Act, 2000, on the date of commencement of this Act, shall
be deemed to be registered under this Act.
(2). At the time of registration under this section, the
State Government shall determine and record the
capacity and purpose of the institution and shall register
the institution as a Shelter Home, or Children‟s Home or
Open Shelter or Specialized Adoption Agency or
Observation Home or Special Home or Place of Safety, as
the case may be.
(3). On receipt of application for registration under subsection (1), from an existing or new institution housing
children in need of care and protection or children in
conflict with law, the State Government may grant
provisional registration, within one month of the date of
application, for a maximum period of six months, in order
to bring such institution under the purview of this Act,
and shall determine the capacity of the Home which shall
be mentioned in the registration certificate.
Provided that if the said institution does not fulfil the
prescribed criteria for registration, within the stipulated
time, the provisional registration will stand cancelled and
provisions of sub-section (5) shall apply.
(4). The initial period of registration of an institution shall
be five years, after which, it shall be subject to renewal
every five years.
(5). The State Government may, following procedure as
prescribed, cancel or withhold registration, as the case
may be, of such institutions which fail to provide Draft for Website
18
th
June 2014
Page 36 of 68
rehabilitation and reintegration services as prescribed
under section 53 and till such time that the registration of
an institution is renewed or granted, the State
Government shall manage the institution or hand over the
management to another registered agency with the
financial support required for such task:
Provided that, if a suitable agency is not available, such
institution may be closed and the State Government may
transfer the children to some other similar institution with
adequate financial support.
(6) Notwithstanding anything contained in any other law
for the time-being in force, the inspection committee set
up under section 54, shall have the powers to inspect any
institution housing children, even if not registered under
this Act, to determine if such institution is housing
children in need of care and protection.
Penalty for nonregistration of
institutions housing
children
41. Any person, or persons, in-charge of an institution
housing children in need of care and protection and
children in conflict with law, who fails to comply with subsection (1) of section 40 shall be punished with
imprisonment which may extend to one year or fine not
less than one lakh rupees or both:
Provided that every thirty day delay in applying for
registration shall be considered as a separate offence.
Open Shelter 42. (1) The State Government may establish and maintain,
by itself or through voluntary or non-governmental
organisations, as many Open Shelters as may be required,
and these shall be registered as such in the manner
prescribed.
(2). The Open Shelters referred to in sub-section (1) shall
function as a community based facility for children in
need of urgent support, on a short term basis, with the
objective of protecting them from abuse or weaning them,
or keeping them, away from a life on the streets.
Provided that the maximum length of association of a
child with the Open Shelters shall be as prescribed.Draft for Website
18
th
June 2014
Page 37 of 68
(3). The Open Shelters shall have such facilities as may
be prescribed including services for education, health,
need-based counselling and recreation and referral
services for vocational training and skill development.
(4). The Open Shelters shall send monthly information,
in a manner prescribed, regarding children availing
services of the shelter to the District Child Protection Unit
and the Child Welfare Committee.
Foster care. 43.(1)Children under this Act may be placed in foster
care, through orders of the Committee, following
procedure as prescribed in this regard, in a family which
does not include the child‟s biological or adoptive parents
or in an unrelated family recognised as suitable for the
purpose by the State Government, for a short or extended
period of time.
(2) The selection of the foster family shall be based on
family‟s ability, intent, capacity and prior experience of
taking care of children.
(3) Based on number of children, the State Government
shall provide funding for such foster care through District
Child Protection Unit.
(4). In case of children who have parents but are placed
in foster-care because the parents are unfit or unable to
take care of the child, the child's parents may visit the
child in the foster family at regular intervals, unless the
Committee feels that such visits are not in the best interest
of the child, for reasons recorded therefor; and eventually,
the child may return to the parent‟s homes once the
parents are determined by the Committee to be fit to take
care of the child.
(5) The State Government may make rules for the purpose of
defining procedure, criteria and the manner in which
foster care services shall be provided for children.
Sponsorship. 44. (1) The State Government shall make rules for the
purpose of undertaking various programmes of sponsorship Draft for Website
18
th
June 2014
Page 38 of 68
of children, such as individual to individual sponsorship,
group sponsorship or community sponsorship.
(2) The sponsorship programme may provide supplementary
support to families, to children's homes and to special homes
to meet medical, nutritional, educational and other needs of
the children, with a view to improving their quality of life.
After care of young
adults leaving
institutional care.
45 (1). The State Government shall register, for the
purpose and in the manner prescribed, organizations that
shall provide after care services, as directed by the Board
or Committee, and based on the individual care plan, for
young adults, leaving institutional care under this Act on
attaining eighteen years of age, to provide additional
support to them as they transit from residential care to
mainstream society.
Provided that the provision of such after care services
shall be based on the report of the Probation Officer or
Child Welfare Officer which shall include, necessity and
nature of after-care for the child, the period of such after-care,
supervision thereof and the manner in which follow up is to
be conducted.
Provided also that such after care services shall only be
provided until the young adult attains the age of twentyone years.
(2) The State Government may make rules prescribing the
procedures and services to be provided under After Care.
Observation Homes. 46. (1) The State Government shall establish and maintain in
every district or a group of districts, either by itself, or
through voluntary or non-governmental organisations,
observation homes, which shall be registered as such, for
the temporary reception, care and rehabilitation of any child
alleged to be in conflict with law, during the pendency of any
inquiry regarding them under this Act.
(2) Where the State Government is of the opinion that any
registered institution other than a home established or
maintained under sub-section (1), is fit for the temporary
reception of such child alleged to be in conflict with lawDraft for Website
18
th
June 2014
Page 39 of 68
during the pendency of any inquiry regarding them under this
Act, it may register such institution as an observation home
for purposes of this Act.
(3) The State Government may, by rules made under this
Act, provide for the management and monitoring of
observation homes, including the standards and various types
of services to be provided by them for rehabilitation and
social integration of a child alleged to be in conflict with law
and the circumstances under which, and the manner in which,
the registration of an observation home may be granted or
withdrawn.
(4). Every child alleged to be in conflict with law who is not
placed under the charge of parent or guardian and is sent to
an observation home shall be classified according to the
child‘s age and gender, giving due consideration to physical
and mental status of the child and degree of the offence
committed.
Provided that children of each group shall be
accommodated separately for care and purpose of
preliminary inquiry.
Special Homes. 47. (1) The State Government may establish and maintain
either by itself or through voluntary or non-governmental
organisations, special homes, which shall be registered as
such, in the manner prescribed, in every district or a group
of districts, as may be required for rehabilitation of those
children in conflict with law who are found to have
committed an offence and who are placed there by order
of the Juvenile Justice Board under section 17 of this Act.
(2). Where the State Government is of the opinion that any
registered institution other than a home established or
maintained under sub-section (1), is fit for placement of
children found to be in conflict with law under this Act, it
may register such institution as a special home for the
purposes of this Act.
(3). The State Government may, by rules, provide for the
management and monitoring of special homes, including the
standards and various types of services to be provided by Draft for Website
18
th
June 2014
Page 40 of 68
them which are necessary for social re-integration of a child,
and the circumstances under which, and the manner in which,
the registration of a special home may be granted or
withdrawn.
(4). The rules made under sub-section (3) may also provide
for the classification and separation of children found to be in
conflict with law on the basis of age, gender, the nature of
offences committed by them and the child‘s mental and
physical status.
Place of Safety. 48. (1). The State Government may arrange to place a
person or child in conflict with law, referred to it under
sub-section (1 (g)) of section 15 of this Act, in a place of
safety, registered by the State Government for such
purpose, as it deems proper and may order such child to
be kept under protective custody, at such place and on
such conditions, as it thinks fit.
(2) The State Government may, by rules, prescribe the
types of places that can be designated as place of safety
under sub-section (1) and the facilities and services that
may be provided therein.
Shelter Home 49. (1) The State Government may establish and maintain,
in every district or group of districts, either by itsel f or
through voluntary or non-governmental organisations
“shelter homes” including short stay homes and Reception
centres;
(2) The Short stay homes may house children for a
maximum period of one year and provide specialised
services as may be prescribed including de-addiction
programme, vocational training and bridge education.
(3) Reception Centres are separate units linked to
Children‟s Homes which shall receive children in need of
care and protection, placed there by a Child Welfare
Committee to provide temporary shelter, care and
protection, during the period of inquiry.
Children‘s Home 50. (1) The State Government may establish and maintain, in
every district or group of districts, either by itself or through
voluntary or non-governmental organisations, children's Draft for Website
18
th
June 2014
Page 41 of 68
homes, which shall be registered as such, for the placement
of children in need of care and protection for their care,
treatment, education, training, development and
rehabilitation.
(2) The State Government shall designate any children‟s
home as a home fit for children with special needs
delivering specialized services, depending on requirement.
(3) The State Government may, by rules made under this
Act, provide for the monitoring and management of
children's homes including the standards and the nature of
services to be provided by them, based on individual care
plans for each child.
Fit facility 51. (1) The District Child Protection Unit shall recognise,
in the manner prescribed, a facility being run by a
Governmental Organisation or a voluntary or nongovernmental organisation registered under any law for
the time being in force, fit to temporarily take the
responsibility of the child for a specific purpose after due
inquiry regarding the suitability of the facility and the
organisation to take care of the child.
(2) The District Child Protection Unit may withdraw the
recognition under sub-section (1) above for reasons to be
recorded in writing.
Fit person 52. (1) The Board or the Committee shall, after due
verification of credentials, recognise any person fit to
temporarily receive a child for care, protection and
treatment of such child for a specified period and in the
manner prescribed.
(2) The Board or Committee, as the case may be, may
withdraw the recognition granted under sub-section (1)
for reasons to be recorded in writing.
Rehabilitation and
re-integration
services in
institutions
registered under this
53. (1) The services that shall be provided, in the manner
prescribed, by the institutions registered under this Act in
the process of rehabilitation and re-integration of children
may include:Draft for Website
18
th
June 2014
Page 42 of 68
Act and management
thereof.
(i) basic requirements such as food, shelter, clothing
and medical attention as per standards prescribed;
(ii) Equipment such as wheel-chairs, prosthetic
devices, as required, for children with special
needs;
(iii) age appropriate education, including
supplementary education, special education, and
appropriate education for children with special
needs,
Provided that for children between six to fourteen
years of age the provisions of the Right of Children
to Free and Compulsory Education Act, 2009 shall
be followed;
(iv) skill development;
(v) occupational therapy and life skill education;
(vi) mental health interventions, including counselling
specific to the need of child;
(vii) recreational activities including sports and
cultural activities;
(viii) legal aid where required;
(ix) referral services for education, vocational training,
de-addiction, treatment of diseases etc., where
required;
(x) case management including preparation and follow
up of individual care plan;
(xi) birth registration;
(xii) assistance for obtaining the proof of identity, where
required; and
(xiii) any other service that may reasonably be
provided in order to ensure the well being of the
child, either directly by the State Government,
registered or fit individuals/institutions or through
referral services.
(2) Each institution shall have a Management Committee,
set up in a manner prescribed, to manage the institution
and monitor the progress of every child.
(3). The officer in-charge of every institution, housing
children above six years of age, shall facilitate setting up
of children‟s committees for participating in such
activities as may be prescribed, for the safety and well-Draft for Website
18
th
June 2014
Page 43 of 68
being of children in the institution.
Inspection of
institutions
registered under this
Act
54. (1) The State Government shall appoint inspection
committees for all institutions registered or recognised fit,
under this Act, for the State and district , as the case may be,
for such period and for such purposes as may be prescribed.
Provided that such inspection committees shall conduct
visits to all facilities housing children in the area allocated,
at least once in three months in a team of not less than
three members, of whom at least one shall be a woman,
and submit reports of the findings of such visits, to the
District Child Protection Units or State Government, as
the case may be, for further action.
(2). The inspection committee of a State or district shall
consist of such number of representatives, including at least
one woman, from the State Government, Local Authority,
Committee or voluntary or non-governmental organisations
and such other medical experts and social workers as may be
prescribed.
(3) On the report of the inspection committee,
appropriate action shall be taken within a week by the
District Child Protection Unit or the State Government.
Evaluation of
functioning of
structures
55. (1) The Central Government or State Government may
independently evaluate the functioning of the Board,
Committee, special juvenile police units, registered
institutions, or recognised fit facilities and persons, at such
period and through such persons or institutions as may be
prescribed by that Government.
(2) In case such independent evaluation is conducted by both
the Governments, the evaluation by the Central Government
shall prevail.
CHAPTER-VIII
ADOPTION
Adoption 56. (1). The primary responsibility for providing care and
protection to any child shall be of the child‟s family.
Explanation: For the purpose of this section, family
includes parents, grandparents, adult siblings, siblings of Draft for Website
18
th
June 2014
Page 44 of 68
parents.
(2). Notwithstanding anything contained in any other law
for the time being in force in this regard adoption of
orphan, abandoned or surrendered children shall take
place as per the principles, criteria and procedure as may
be prescribed by Central Government.
Eligibility of
prospective parents.
57. Notwithstanding anything contained in any other law
for the time being in force, an Indian or foreign citizen
should be eligible for adopting children, as per the criteria
and procedure that may be prescribed;
Procedure for
adoption by persons
not related to the
child.
58. (1) An application for adoption by the Prospective
Adoptive Parents, under this Act, shall be filed with the
Principal Magistrate of the concerned district where the
specialised adoption agency is located, in the manner
prescribed, only by an agency registered under section 61
as a Specialised Adoption Agency;
Provided that inter-country adoption applications shall be
filed only by a Specialised Adoption Agency which has
been recognised by the Central Adoption Resource
Authority for processing cases of inter-country adoption;
(2) Adoption Orders shall be passed by the Principal
Magistrate, following the procedure prescribed.
(3) All legal proceedings shall be held in camera and
order shall be pronounced in the first hearing itself or
within a period of two weeks from the date of filing of
application for adoption.
(4) Failure to adhere to the time period prescribed in
sub-section (3) may be construed by higher authority of
Principal Magistrate as dereliction of duty.
Conditions without
which adoption of a
child shall not take
place.
59. A child shall be considered for adoption under this Act
only if:
(a) the child has been declared legally free for adoption by
the Committee as prescribed in section 37, and Draft for Website
18
th
June 2014
Page 45 of 68
(b) in case of a child who can understand and express
consent, the child has given consent;
Provided that the child‟s capacity to understand is
assessed by the Child Welfare Committee.
Provided also that in case of adoption by relatives,
declaration of child as legally free for adoption by
Committee shall not be required.
Person‟s eligible to adopt
60. The Principal Magistrate shall allow a child to be given in adoption to:(a) to a person irrespective of marital status; or(b) to parents to adopt a child of same sex irrespective of the number of living biological sons or daughters; or(c) to childless couples
Specialised Adoption
Agencies.
61. (1) The State Government shall register one or more
institutions in each district as a specialized adoption
agency, in such manner as may be prescribed, for
rehabilitation of orphan, abandoned or surrendered
children, through adoption and non-institutional care.
(2) The specialised adoption agency shall ensure that all
orphan children, abandoned or surrendered children are
declared free for adoption by the Committee, under
section 37 of this Act and in the manner prescribed.
Adoption of children
residing in
institutions not
registered as
adoption agencies.
62. (1) All the institutions registered under this Act,
which are not specialized adoption agencies, shall also
ensure that all orphan children without close families
willing to take care of them, as well as abandoned or
surrendered children, are declared free for adoption by
the Committee in a manner prescribed.
(2) All such institutions under sub-section (1) shall
develop formal linkages with a nearby specialized
adoption agency, and details of children declared legally
free for adoption shall be referred to that specialized
adoption agency for placement of such children in
adoption in accordance with the procedure prescribed.Draft for Website
18
th
June 2014
Page 46 of 68
Applicability and
effect of adoption
63. (1) An adoption order shall take effect on such date as
may be specified therein by the Principal Magistrate.
(2). A child in respect of whom an adoption order is
made shall become the child of the adoptive parent(s), and
the adoptive parent(s) shall become the parent(s) of the
child as if the child had been born to the adoptive
parent(s), for all purposes, including intestacy, with effect
from the date on which the adoption order takes effect,
and on and from such date all the ties of the child in the
family of his or her birth shall stand severed and replaced
by those created by the adoption order in the adoptive
family;
Provided that any property which vested in the adopted
child immediately before the date on which the adoption
order takes effect shall continue to vest in the adopted
child subject to the obligations, if any attaching to the
ownership of such property including the obligations, if
any, to maintain the relatives in the biological family.
Providing
information
regarding adoption
orders
64. Notwithstanding anything contained in any other law
for the time being in force, information regarding all
adoption orders issued by the Principal Magistrates,
concerned courts, registrars or sub-registrars executing
such deeds of adoption, shall be provided to the Central
Adoption Resource Authority on a monthly basis as may
be prescribed.
Prohibition of
payments for
adoption
65. No person shall give or receive or agree to give or
receive any payment or other reward in consideration of
the adoption of any child, except that which is permitted
under the rules or guidelines issued under this Act.
Penalty for violation
of prohibition of
payments for
adoption
66. If any person contravenes the provisions of section 65
he shall be punished with imprisonment, which may
extend to three years and shall also be liable to fine of
rupees one lakh or both, for each violation.
Central Adoption
Resource Authority.
67. The Central Adoption Resource Agency existing
before the commencement of this Act, shall be deemed to
have been constituted as the Central Adoption Resource
Authority under this Act to perform the following
functions:
(a) to promote in-country adoptions;Draft for Website
18
th
June 2014
Page 47 of 68
(b) to regulate inter-country adoptions;
(c) to issue guidelines on adoption and related matters
from time to time as may be necessary;
(d) to carry out the functions of the Central Authority
under the Hague Convention on Protection of Children
and Cooperation in respect of Inter-Country Adoption;
(e) any other function that may be prescribed.
Steering Committee
of Central Adoption
Resource Authority
68. (1) Central Adoption Resource Authority shall have a
Steering Committee, the constitution of which shall be as
under:
(a) Secretary, Ministry of Women and Child
Development, Government of India, who shall be the exofficio Chairperson;
(b) Joint Secretaries, Ministry of Women and Child
Development, Government of India, dealing with
adoption and finance, as Ex-officio Members;
(c) Representatives of the Ministry of External Affairs,
Ministry of Home Affairs and Ministry of Law and
Justice, in the rank of Joint Secretary to the
Government of India, as ex – officio Members;
(d) Three members, out of which at least two shall be
women, from the following fields, to be appointed by the
Central Government in the manner prescribed from
amongst persons of experience in:-(i) law,
(ii) social work/psychology/psychiatry and
(iii) medical profession (preferably paediatrics)
(e) Member Secretary, who shall also be Chief Executive
Officer of the Authority;
(2) Criteria for selection of the Member Secretary and
non-ex officio members, and the tenure and terms and
conditions of service shall be as prescribed.
(3) The authority shall function from its headquarter and
through its regional offices as may be set up as per its
functional necessity. Draft for Website
18
th
June 2014
Page 48 of 68
Powers and Rules of
Business of Central
Adoption Resource
Authority
69. The administrative, financial and programmatic
powers as well as the rules of business of Central
Adoption Resource Authority shall be exercised in a
manner that may be prescribed by the Central
Government.
Provided that in case of any conflict resulting from
exercise of such powers by the Central Adoption Resource
Authority, the decision of Steering Committee of the
Central Adoption Resource Authority shall be final.
Annual Report of
Central Adoption
Resource Authority
70. (1) The Central Adoption Resource Authority shall
submit an annual report to the Central Government in
the manner that may be prescribed.
(2) The Central Government shall cause the annual
report of Central Adoption Resource Authority to be laid
before each house of Parliament.
Grants by Central
Government
71. (1) The Central Government shall, after due
appropriation made by the Parliament by law in this
behalf, pay to the Central Adoption Resource Authority
by way of grants such sums of money as the Central
Government may think fit for being utilised for
performing the functions of Central Adoption Resource
Authority under this Act.
(2) Central Adoption Resource Authority may spend
such sums of money as it thinks fit for performing the
functions, as prescribed under this Act, and such sums
shall be treated as expenditure payable out of the grants
referred to in sub-section (1);
Accounts and audit
of Central Adoption
Resource Authority
72. (1) The Central Adoption Resource Authority shall
maintain proper accounts and other relevant records and
prepare an annual statement of accounts in such form as
may be prescribed by the Central Government in
consultation with the Comptroller and Auditor-General
of India.
(2) The accounts of Central Adoption Resource Authority
shall be audited by the Comptroller and Auditor-General
at such intervals as may be specified by him and any
expenditure incurred in connection with such audit shall
be payable by the Central Adoption Resource Authority Draft for Website
18
th
June 2014
Page 49 of 68
to the Comptroller and Auditor-General.
(3) The Comptroller and Auditor-General and any person
appointed by him in connection with the audit of the
accounts of the Central Adoption Resource Authority
under this Act shall, have the same rights and privileges
and the authority in connection with the audit of
Government accounts and, in particular, shall have the
right to demand the production of books, accounts,
connected vouchers and other documents and papers and
to inspect any of the offices of Central Adoption Resource
Authority.
(4) The accounts of the Central Adoption Resource
Authority as certified by the Comptroller and AuditorGeneral or any other person appointed by him in this
behalf, together with the audit report thereon shall be
forwarded annually to the Central Government by
Central Adoption Resource Authority.
(5) The Central Government shall cause the audit report
to be laid, as soon as may be after it is received, before
each House of Parliament.
Protection of action
taken in good faith
73. No suit, prosecution or other legal proceeding shall
lie against the Central Government, the State
Government, Central Adoption Resource Authority or
any Member thereof or any person acting under the
direction either of the Central Government, State
Government, or Central Adoption Resource Authority, in
respect of anything which is done in good faith or
intended to be done in pursuance of this Act or of any
rules made thereunder or in respect of the publication by
or under the authority of the Central Government, State
Government of any report or paper.
CHAPTER-IX
OTHER OFFENCES AGAINST CHILDREN
Prohibition on
disclosure of identity
of children.
74. (1) No report in any newspaper, magazine, news-sheet or
audio-visual media or other forms of communication
regarding any inquiry or investigation or judicial
procedure, shall disclose the name, address or school or
any other particular, which may lead to the identification
of a child in conflict with law or a child in need of care and
protection or a child victim or witness of a crime, involved Draft for Website
18
th
June 2014
Page 50 of 68
in such matter, under any Act for the time being in force,
nor shall the picture of any such child be published.
Provided that for reasons to be recorded in writing, the Board
or Committee, as the case may be, holding the inquiry may
permit such disclosure, if in its opinion such disclosure is in
the best interest of the child.
(2) Any person contravening the provisions of sub-section (1)
shall be punishable with imprisonment for six months or fine
which may extend to two lakh rupees or both.
Punishment for cruelty
to child.
75. (1). Whoever, having the actual charge of, or control over,
a child, assaults, abandons, abuses, exposes or wilfully
neglects the child or causes or procures the child to be
assaulted, abandoned, abused, exposed or neglected in a
manner likely to cause such child unnecessary mental or
physical suffering shall be punishable with imprisonment for
a term which may extend to three years or fine of rupees
one lakh or both.
Provided that if such offence is committed by any person
employed by or managing an organization, which is
entrusted with the care and protection of the child, the
punishment shall be rigorous imprisonment which may
extend up to five years, and fine up to rupees five lakhs or
both.
Provided also that, if as a result of the aforesaid
mentioned cruelty, the child is physically incapacitated or
develops a mental illness or is rendered mentally unfit to
perform regular tasks or has an unreasonable risk to life
or limb, the punishment shall be rigorous imprisonment,
not less than three years but can be extended up to ten
years and shall also be liable to fine of rupees five lakhs or
both.
Employment of child
for begging.
76. (1). Whoever employs or uses any child for the purpose
of begging or causes any child to beg shall be punishable
with imprisonment for a term which may extend to five years
and shall also be liable to fine of rupees one lakh or both.
Provided that, if for the purpose, the person amputates or Draft for Website
18
th
June 2014
Page 51 of 68
maims the child, the punishment shall be rigorous
imprisonment for not less than seven years which can
extend up to ten years, and shall also be liable to fine of
rupees five lakh or both.
(2) Whoever, having the actual charge of, or control over the
child, abets the commission of an offence under sub-section
(1), shall be punishable with the same punishment as
provided for in subsection (1) and such person shall be
considered unfit under section 2 (j) (v) of this Act.
Provided that the said child, shall not be considered a
child in conflict with law under any circumstances, and
shall be removed from the charge or control of such
guardian or custodian and produced before the
Committee for appropriate rehabilitation.
Penalty for giving
intoxicating liquor or
narcotic drug or
psychotropic
substance to a child.
77. Whoever gives, or causes to be given, to a ny child any
intoxicating liquor or any narcotic drug or tobacco products
or psychotropic substance, except on the order of a duly
qualified medical practitioner, shall be punishable with
rigorous imprisonment for a term which may extend to
seven years and shall also be liable to a fine up to rupees
one lakh or both.
Using a child for
vending, peddling,
carrying, supplying
or smuggling any
intoxicating liquor,
narcotic drug or
psychotropic
substance
78. Whosoever uses a child, for vending, peddling,
carrying, supplying or smuggling any intoxicating liquor,
narcotic drug or psychotropic substance, shall be liable
for rigorous imprisonment for a term which may extend
to seven years and to a fine up to rupees one lakh or both.
Exploitation of a child
employee.
79. Subject to the provisions of the Child
Labour (Prohibition and Regulation) Act, 1986,
whosoever ostensibly procures a child for the purpose of
employment or keeps him in bondage for the purpose or
withholds his earnings or uses such earning for his own
purposes shall be punishable with rigorous imprisonment for
a term which may extend to five years and shall be liable to
fine of rupees one lakh or both.
Explanation: For the purpose of this sub-section Draft for Website
18
th
June 2014
Page 52 of 68
employment shall also include selling goods and services
and entertainment in public places for economic gain.
Punitive measures
for adoption without
following prescribed
procedures.
80. (1) Whosoever, in contravention of sub-section (2) of
section 56 and sub-section (1) of section 58 of this Act,
offers or gives or receives, any orphan, abandoned or
surrendered child, for the purpose of adoption, shall be
punished with imprisonment of either description for a
term not less than three years, which can be extended
upto seven year, or with fine of one lakh rupees per child,
or with both.
Provided in case where the offence is committed by a
registered adoption agency, in addition to the above
punishment awarded to the persons in-charge of, and
responsible for the conduct of the day-to-day affairs of the
registered adoption agency, the registration of such
agency under section 40 shall also be withdrawn for a
minimum period of one year.
(2) Where any minor procedural lapse is committed out of
ignorance either by biological or adoptive parent(s), in
case of adoption by relatives, punitive measures
mentioned in sub-section (1) may not apply.
Provided that the court or registering authority
dealing with such adoption case is satisfied that the
procedural lapse occurred without any mala fide intent.
Sale and
procurement of
children for any
purpose.
81. Any person who sells or procures a child for any
purpose shall be punishable with rigorous imprisonment
for a term which may extend to five years and shall also
be liable to fine of rupees one lakh or both.
Provided that where such offence is committed by person
having actual charge of the child, including employees of
a hospital or nursing home or maternity home, the term
of imprisonment shall not be less than three years and
may extend up to seven years.
Corporal
punishment.
82 (1). Whosoever subjects a child to corporal punishment
causing hurt and emotional distress for the child, shall be
liable, on the first conviction, for imprisonment which can
extend to six months or fine or both and for every
subsequent offence the person shall be liable for
imprisonment which may extend to three years and fine Draft for Website
18
th
June 2014
Page 53 of 68
or both.
Provided that, if a person employed in an institution
providing services to children, is convicted of an offence
under this section on more than one occasion, such person
shall also be dismissed from service.
(2) In case the corporal punishment has caused grievous
hurt or severe mental trauma for the child, the person
having committed the offence shall be liable, for rigorous
imprisonment of three years and fine of rupees fifty
thousand and for subsequent conviction, imprisonment
which may extend to five years and shall also be liable to
fine of rupees one lakh or both.
Provided that, if a person employed in an institution
providing services to children, is convicted of an offence
under this sub-section such person shall also be dismissed
from service, and debarred from working directly with
children thereafter.
(3) In case, where any corporal punishment is reported in
an institution and the management of such institution,
does not cooperate with any inquiry or comply with the
orders of competent authority or court or state
government, the person incharge of the management of
the institution shall be liable for punishment with
imprisonment for a term not less than three years and
shall also be liable to a fine which may extend to one lakh
rupees.
45
of 1860.
Ragging of a child in
an institution.
83. (1). Whosoever, commits the offence of ragging within
or outside an institution, or abets or propagates ragging,
directly or indirectly, shall be punished with
imprisonment for a term which may extend to six months
or fine or with both.
Provided that, the person who commits any of the afore said acts, shall also be liable to suspension from the said
institution.
(2) If any of the aforesaid acts has endangered the life of
the child or physically incapacitated the child and caused
severe mental or emotional damage, the person or persons
responsible shall be punished with imprisonment for a Draft for Website
18
th
June 2014
Page 54 of 68
term which may extend to three years and shall also be
liable to a fine which may extend to ten thousand rupees.
Provided that, the person who commits such offence shall
also be liable to expulsion from the said institution.
(3) In case, where an incidence of ragging is reported in
an institution and the management of such institution,
does not cooperate with any inquiry or comply with the
orders of competent authority or court or state
government, the person incharge of the management of
the institution shall be liable for punishment with
imprisonment for a term not less than three years and
shall also be liable to a fine which may extend to one lakh
rupees.
Use of child by
militant groups.
84. Any non-State, self-styled militant group or outfit
recognised as such by the Government, who recruit or use
any child for any purpose, shall be liable for rigorous
imprisonment which can extend to seven years and shall
also be liable to fine of rupees five lakh or both.
Kidnapping and
abduction of child.
85. For the purposes of this Act, the provisions of the
Indian Penal Code, 1860, under section 359 to section 369
shall apply mutatis mutandis to a child.
Provided that, in those sections, a „child‟ or a „mi nor‟ shall
mean any person under the age of eighteen years and all
the provisions shall be construed accordingly.
Offences committed
on disabled children.
86. Whoever commits any of the offences referred in this
Chapter, on any child who is disabled, and this is certified
by a medical practitioner, the person committing such
offence shall be liable to twice the penalty that would
otherwise be imposed.
Explanation: For the purpose of this Act, the term
„disability‟ shall have the same meaning ascribed to it,
under the Persons with Disabilities (Equal Opportunities,
Protection of Rights and Full Participation) Act, 1995.
of 1995.
False complaints or
false information
87. (1) Any person who makes a false complaint or
provides false information against any person, in respect
of an offence under this Act, solely with the intention to
humiliate, extort or threaten or defame him, shall be Draft for Website
18
th
June 2014
Page 55 of 68
punished with imprisonment for a term which may extend
to six months or with fine or with both.
(2) Whoever, not being a child, makes a false complaint
or provides false information against a child, knowing it
to be false, thereby victimizing such child in any of the
offences under this Act, shall be punished with
imprisonment for a term which may extend to one year or
with fine or with both.
Designated court for
trial of offences
against children.
88. For such act or omission which constitutes an offence
against a child punishable under this Act and also under
any other Central or State Act, notwithstanding anything
contained in any law for the time being in force, the
offence shall be inquired into and offender tried, only by a
Children‟s Court, established under section 25 of the
Commission on Protection of Child Rights Act, 2005 or
Special Courts, established under section 28 of the
Protection of Children from Sexual Offences Act, 2012,
wherever existing and where such courts have not been
designated, by a competent court for trial of the offence.
of 2005.
Special offences. 89. (1). The offences punishable under section 66 and any
of the sections in this Chapter shall be cognizable and non–
bailable.
(2) Whosoever either abets any offence under this Act, if
the act abetted is committed in consequence of the
abetment, shall, be punishable with the punishment
provided for that offence.
(3) Whosoever, attempts to commit any offence under this
Act, or to cause such an offence to be committed, and in
such attempt does any act towards the commission of the
offence, shall be liable for half the punishment provided
for that offence.
(4) Whosoever, having been convicted of an offence
punishable under this Act, commits such offence again or
some other offence punishable under the same section,
shall be punished with imprisonment of either description
for a term which may extend to ten years and not less
than three years and shall also liable to fine of rupees five Draft for Website
18
th
June 2014
Page 56 of 68
lakhs or both.
Alternative
punishment.
90. Where an act or omission constitute an offence
punishable under this Act and also under any other Central or
State Act, then, notwithstanding anything contained in any
law for the time being in force, the offender found guilty of
such offences shall be liable to punishment only under such
Act as provides for punishment which is greater in degree.
CHAPTER-X
MISCELLANEOUS
Attendance of parent
or guardian of child.
91. 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 having the actual
charge of the child to be present at any proceeding in respect
of that child.
Dispensing with
attendance of child.
92. 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 inquiry, the competent
authority shall dispense with the attendance of a child and
limit the same for the purpose of recording the statement
and subsequently, the inquiry shall continue even in the
absence of the child concerned, unless ordered otherwise
by the competent authority.
Placement of a child
suffering from
disease requiring
prolonged medical
treatment, in an
approved place.
93. 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 treatment or physical or
mental complaint that will respond to treatment, the
competent authority may send the child to any place
recognised as a fit facility as prescribed for such period as it
may think necessary for the required treatment.
Transfer of children
as are mentally ill or
addicted to alcohol
or other drugs
94(1) Where it appears to the competent authority that any
juvenile or child kept in a special home or an observation
home or a children‘s home or a shelter home or in an
institution in pursuance of this Act, is a mentally ill person or
addicted to alcohol or other drugs which lead to behavioural
changes in a person, the competent authority may order his
removal to a psychiatric hospital or psychiatric nursing home
in accordance with the provisions of the Mental Health Act,
1987 (14 of 1987) or the rules made thereunder.Draft for Website
18
th
June 2014
Page 57 of 68
(2) In case the juvenile or child had been removed to a
psychiatric hospital or psychiatric nursing home under subsection (1), the competent authority may, on the basis of the
advice given in the certificate of discharge of the psychiatric
hospital or psychiatric nursing home, order to remove such
juvenile or child to an Integrated Rehabilitation Centre for
Addicts or similar centres maintained by the State
Government for mentally ill persons (including the persons
addicted to any narcotic drug or psychotropic substance) and
such removal shall be only for the period required for the
inpatient treatment of such juvenile or child.
Explanation.—For the purposes of this sub-section,—
(a) "Integrated Rehabilitation Centre for Addicts" shall have
the meaning assigned to it under the scheme called "Central
Sector Scheme of Assistance for Prevention of Alcoholism
and Substance (Drugs) Abuse and for Social Defence
Services" made by the Government of India in the Ministry of
Social Justice and Empowerment or anyother corresponding
scheme for the time being in force;
(b) "mentally ill person" shall have the meaning assigned to it
in clause (l) of section 2 of the Mental Health Act, 1987 (14
of 1987);
(c) "psychiatric hospital" or "psychiatric nursing home" shall
have the meaning assigned to it in clause (q) of section 2 of
the Mental Health Act, 1987 (14 of 1987).'
Presumption and
determination of age.
95. (1). Where, it is obvious to the competent authority,
based on the appearance of the person brought before it
under any of the provisions of this Act (other than for the
purpose of giving evidence) that the said person is a child,
the competent authority shall record such observation
stating the child‟s age as nearly as may be and proceed
with the inquiry under section 13 or section 34, as the case
may be, without waiting for further confirmation of the
age.
Provided that when any further information about age is
required, the process of age determination shall be
conducted in the manner prescribed, simultaneously with
the inquiry. Draft for Website
18
th
June 2014
Page 58 of 68
(2) In case, the competent authority has reasonable
grounds for doubt regarding whether the person brought
before it is a child or not, the competent authority shall
undertake the process of age determination, following
procedure as prescribed and such process shall be
completed within fifteen days of first production.
(3) State government shall make rules defining the
procedure to be followed for age determination.
(4). No order of a competent authority shall be deemed to
have become invalid merely by any subsequent proof that the
person in respect of whom the order has been made is not a
child, and the age recorded by the competent authority to be
the age of person so brought before it, shall for the purpose of
this Act, be deemed to be the true age of that person.
Transfer of a child to
place of residence.
96. (1). If during the inquiry it is found that a child hails
from a place outside the jurisdiction of the competent
authority, the Board or Committee as the case may be,
shall, if satisfied after due inquiry that it is in the best
interest of the child and after due consultation with the
competent authority of the child‟s home district, order the
transfer of the child, as soon as possible, to the said
authority, along with relevant documents and following
such procedure as shall be prescribed.
Provided that such transfer can be made in case of a child
in conflict with law, only after the inquiry has been
completed and final order passed by the Board.
Provided also that in case of inter-State transfer, the child
shall be, if convenient, handed over to the competent
authority of the home district of the child, or to the
competent authority in the capital city of the home State.
(2) Once the decision to transfer is finalized, the
Committee or Board as the case may be, shall give an
escort order to the Special Juvenile Police Unit to escort
the child, within 15 days of receiving such order;
Provided that a girl child shall be accompanied by a
woman officer; and
Provided also that where a Special Juvenile Police Unit is Draft for Website
18
th
June 2014
Page 59 of 68
not available, the Committee or Board, as the case may
be, shall direct the institution where the child is
temporarily staying or District Chid Protection Unit, to
provide an escort to accompany the child during travel.
(3) The State government shall make rules to provide for
travelling allowance to the escorting staff for the child,
which shall be paid in advance.
(4). The competent authority receiving the transferred
child shall have the same powers in relation to the child as if
the original order had been passed by itself and will process
for restoration or rehabilitation or social reintegration, as laid
down under this Act.
Transfer of child
between children‘s
homes, or special
homes or fit facility
or fit person of like
nature in different
parts of India
97. (1) The State government may at any time, on
recommendation of a Committee or Board, as the case
may be, notwithstanding anything contained in this Act,
and keeping the best interest of the child in mind, order
the child‟s transfer from any children's home or special
home or fit facility or fit person, to a home or facility or
person of a like nature, within the State with prior
intimation to the concerned competent authority.
Provided that for transfer of a child between similar home
or facility or person within the same district, the
Committee or Board, as the case may be, of the said
district shall be the competent authority to issue such an
order.
(2). If transfer is being ordered by a State government to
an institution outside the State, this may be done only in
consultation with the concerned State government;
(3). The total period of stay of the child in a children's
home or a special home shall not be increased by such
transfer;
(4). Orders passed under sub-section (1) and (2) shall be
deemed to be operative for the competent authority of the
area to which the child is sent, and with respect to any
matter arising subsequently the said competent authority
will have the same powers in relation to the child as if the Draft for Website
18
th
June 2014
Page 60 of 68
original order had been passed by itself.
Release of a child
from an institution.
98. (1). When a child is kept in a children's home or special
home and on a report of a probation officer or social worker
or of government or a voluntary or non-governmental
organisation, as the case may be, the competent authority may
consider, the release of such child, either absolutely or on
such conditions as it may think fit to impose, permitting the
child to live with parents or guardian or under the supervision
of any authorised person named in the order, willing to
receive and take charge, educate and train the child, for some
useful trade or calling or to look after the child for
rehabilitation, after the competent authority has satisfied
itself regarding the suitability of the person taking charge
of the child.
Provided that if a child who has been released conditionally
under this section, or the person under whose supervision the
child has been placed, fails to fulfil such conditions, the
Board or Committee may, if necessary, cause the child to be
taken charge of and to be placed back in the concerned Home.
(2). If the child has been released on a temporary basis, the
time during which the child is not in the concerned home in
pursuance of such permission granted under sub-section (1)
shall be deemed to be part of the time for which the child is
liable to be kept in the children or special home:
Provided that in case of a child in conflict with law‘s failure
to fulfil the conditions set by the Board as mentioned in sub section (1), the time for which he is still liable to be kept in
the institution shall be extended by the Board for a period
equivalent to the time which lapses due to such failure.
Leave of absence to a
child placed in an
institution.
99. (1) The competent authority may permit leave of absence
to any child, to allow him, on special occasions like
examination, marriage of relatives, death of kith or kin or
accident or serious illness of parent or any emergency of like
nature, under supervision, for a period generally not
exceeding seven days in one instance, excluding the time
taken in journey.
(2). The time during which a child is absent from an Draft for Website
18
th
June 2014
Page 61 of 68
institution where he is placed, in pursuance of such
permission granted under this section, shall be deemed to be
part of the time for which he is liable to be kept in the
children‘s or special home:
(3). If a child refuses, or has failed to return to the
children‟s or special home, as the case may be, on the
leave period being exhausted or permission being revoked
or forfeited, the Board/Committee may, if necessary, cause
him to be taken charge of and to be taken back to the
concerned home;
Provided that when a child in conflict with law has failed to
return to the special home on the leave period being
exhausted or on permission being revoked or forfeited, the
time for which he is still liable to be kept in the institution
shall be extended by the Board for a period equivalent to
the time which lapses due to such failure.
Reports to be treated
as confidential.
100. All reports related to the child and considered by the
competent authority shall be treated as confidential.
Provided that the competent authority may, if it so thinks fit,
communicate the substance thereof to another authority or
to the child or to the child‘s parent or guardian, and may give
such authority or the child or parent or guardian, an
opportunity of producing evidence as may be relevant to the
matter stated in the report.
Appeals. 101. (1). Subject to the provisions of this Act, any person
aggrieved by an order made by a competent authority under
this Act may, within thirty days from the date of such order,
prefer an appeal to the Court of Session, except for decisions
by the Committee related to Foster Care and Sponsorship
After Care for which the appeal shall lie with the District
Magistrate;
Provided that the Court of Sessions, or the District
Magistrate, as the case may be, may entertain the appeal
after the expiry of the said period of thirty days, if it is
satisfied that the appellant was prevented by sufficient
cause from filing the appeal in time and such appeal shall Draft for Website
18
th
June 2014
Page 62 of 68
be decided within a period of sixty days.
(2) No appeal shall lie from,-(a) any order of acquittal made by the Board in respect
of a child alleged to have committed an offence; or
(b) any order made by a Committee in respect of
finding that a person is not a child in need of care and
protection.
(3) No second appeal shall lie from any order of the Court
of Session, passed in appeal under this section.
Revision. 102. 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 competent
authority or Court of Session has passed an order, for the
purpose of satisfying itself as to the legality or propriety of
any such order and may pass such order in relation thereto as
it thinks fit:
Provided that the High Court shall not pass an order under
this section prejudicial to any person without giving him a
reasonable opportunity of being heard.
Procedure in inquiries,
appeals and revision
proceedings.
103. (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 such procedure as may
be prescribed and subject thereto, shall follow, as far as may
be, the procedure laid down in the Code of Criminal
Procedure, 1973 for trials in summons cases.
(2) Save as otherwise expressly provided by or under this
Act, the procedure to be followed in hearing appeals or
revision proceedings under this Act shall be, as far as
practicable, in accordance with the provisions of the Code of
Criminal Procedure, 1973.
2 of
1974.
2 of
1974.
Power of competent
authority to amend its
own Orders.
104. (1) Without prejudice to the provisions for appeal and
revision under this Act, the competent authority may, on an
application received in this behalf, amend any orders passed
by itself, as to the institution to which a child is to be sent or
as to the person under whose care or supervision a child is to
be placed under this Act: Draft for Website
18
th
June 2014
Page 63 of 68
Provided that during the course of hearing for amending any
such orders, there shall be at least two members of the
Board and at least three members of the Committee and
all persons concerned, or their authorized representatives,
whose views shall be heard by the competent authority
before the said orders are amended.
(2) Clerical mistakes in orders passed by a competent
authority or errors arising therein from any accidental slip or
omission may, at any time, be corrected by the competent
authority either on its own motion or on an application
received in this behalf.
Contribution by
parents and assistance
for travel to parents.
105. (1) The competent authority which makes an order for
sending a child to a children's home or to a special home or
for placing a child under the care of a fit person or fit facility
may make an order requiring the parent or other person liable
to maintain the said child to contribute to his maintenance, if
able to do so, in the prescribed manner according to income.
(2) The competent authority may direct, if necessary, payment
to be made to poor parents or guardian by the Superintendent
or Manager of the institution or District Child Protection Unit
to pay such expenses for the journey of the child or parents or
guardian or both, between the institution and the parent‘s or
guardian‘s ordinary place of residence at the time of sending
the child, as may be prescribed.
Juvenile Justice Fund. 106. (1). The State Government may create a fund under
such name as it thinks fit for the welfare and rehabilitation of
the children dealt with under this Act.
(2). There shall be credited to the fund such voluntary
donations, contributions or subscriptions as may be made by
any individual or organisation.
(3). The fund created under sub-section (1) shall be
administered by the Department of the State Government
implementing this Act in such manner and for such purposes
as may be prescribed.
Constitution of child
protection unit
107. Every State Government shall constitute a Child
Protection Society for the State and Child Protection Units for Draft for Website
18
th
June 2014
Page 64 of 68
responsible for
implementation of the
Act.
every District, consisting of such officers and other
employees as may be appointed by that Government, to take
up matters relating to children with a view to ensure the
implementation of this Act, including the establishment and
maintenance of institutions under this Act, notification of
competent authorities in relation to the children and their
rehabilitation and co-ordination with various official and nonofficial agencies concerned and to discharge such other
functions as may be prescribed.
Child Welfare Police
Officer in Police
Stations and Special
Juvenile Police Unit.
108. (1). In every police station, at least one officer, not
below the rank of assistant sub-inspector, with aptitude,
appropriate training and orientation may be designated as the
‗child welfare police officer' to exclusively deal with
children and be engaged in the prevention of crime by
children, in co-ordination with the police, voluntary and nongovernmental organisations.
(2). To co-ordinate all functions of police related to children,
the State Government shall constitute Special Juvenile Police
Units in each district and city, headed by a police officer not
below the rank of an Inspector or above and consisting of all
police officers designated under sub-section (1) and two
social workers having experience of working in the field of
child welfare, of whom one shall be a woman.
(3). All police officers of the Special Juvenile Police Units
shall be provided special training, especially at induction
as child welfare police officer, to enable them to perform
their functions more effectively.
Power to make rules. 109. (1) The State Government shall, by notification in the
Official Gazette, make rules to carry out the purposes of this
Act.
Provided that the Central Government may, frame model
rules in respect of all or any of the matters with respect to
which the State Government is required to make rules and
where any such model rules have been framed in respect of
any such matter, they shall apply to the State mutatis
mutandis until the rules in respect of that matter are made by
the State Government and while making any such rules, they
conform to such model rules.Draft for Website
18
th
June 2014
Page 65 of 68
(2). In particular, and without prejudice to the generality of
the foregoing powers, such rules may provide for all or any of
the following matters, namely :-
(i) the term of office of the members of the Board,
qualifications and the manner in which such member may
resign under section 5;
(ii) the time of the meetings of the Board and the rules of
procedure in regard to the transaction of business at its
meeting under section 6;
(iii) the management and monitoring of observation homes;
special homes and children homes, including the standards
and various types of services to be provided by them and the
circumstances in which and the manner in which, the
registration may be granted or withdrawn and such other
matters as are referred to in the relevant sections in Chapter
VII;
(iv) persons by whom any child in conflict with law may be
produced before the Board and the manner of sending and
keeping such child, to an observation home under section 17;
(v) matters relating to removal of disqualifications under
section 22 ;
(vi) the qualifications of the Chairperson and members, and
the tenure for which they may be appointed under sub-section
(3) of section 25;
(vii) the time of the meetings of the Committee and the rules
of procedure in regard to the transaction of business at its
meeting under section 26;
(viii) the manner of making the report to the police and to the
Committee and the manner of sending and entrusting the
child to reception centre, fit person, fit institution or children's
home pending the inquiry under section 28;
(ix) appointment of inspection committees, management
committees and children‟s committees, for homes, their
tenure and purposes for which inspection committees may be
appointed and such other matters as are referred to in section
53 and 54;
(x) facilities to be provided by and length of association
with Open Shelters and Reception Centres under section Draft for Website
18
th
June 2014
Page 66 of 68
42 and section 49 respectively;
(xi) rehabilitation mechanism to be resorted to in adoption
under section 38 and the manner of registration of specialized
adoption agencies under section 61;
(xii) for carrying out the scheme of foster care programme of
children under section 43;
(xiii) for carrying out various schemes of sponsorship of
children under section 44;
(xiv) matters relating to after-care organisations under section
45;
(xv) the purposes and the manner in which the Juvenile
Justice Fund shall be administered under section 106;
(xvi) Composition, role and functions of DCPU under
section 107;
(xvii) Details of training, induction and otherwise of JJB,
CWC, SJPU under section 5, section 25 and section 108
respectively;
(xviii) Functions of Board and Committee under section 7
and section 28 respectively;
(xix) Details regarding places that can be designated as
„places of safety‟ and facilities and services that may be
provided therein under section 48;
(xx) Child friendly procedures, environment, treatment,
decisions etc. under section 6,7,26 and 27;
(xxi) Checklist of criteria for fit persons, guardians and
institutions and procedure for declaration as such under
section 51 and 52;
(xxii) Procedure for Age determination under section 95;
(xxiii) travelling allowance to escorting staff under section
96;
(xxiv) Functions of Board and Committee under section 7
and section 28 respectively;
(xxv) manner in which information regarding pendency
shall be furnished by Board and Committee to State
Government under section 15 and section 34 respectively;
(xxvi) efforts to trace family of abandoned and lost
children under section 28; Draft for Website
18
th
June 2014
Page 67 of 68
(xxvii) process of surrender by parents/guardians
including surrender of child by unwed mother and efforts
to keep biological family together as referred to in section
33;
(xxviii) procedure for transfer of children in various
situations as detailed in chapter X under section 96 and
97;
(xxix) manner in which contribution shall be made by
parents for maintenance of a child kept in an institution
under this Act or with a fit person under section 105;
(xxx) Rules relating to Chapter VIII (CARA)
(xxxi) Any other matter which is required to be or may be,
prescribed
(3). Every rule made by the Central Government under this
Act shall be laid, as soon as may be after it is made, before
each House of Parliament, while it is in session, for a total
period of thirty days which may be comprised in one session
or in two or more successive sessions, and if, before the
expiry of the session immediately following the session or the
successive sessions aforesaid, both Houses agree in making
any modification in the rule or both Houses agree that the rule
should not be made, the rule shall thereafter have effect only
in such modified form or be of no effect, as the case may be;
so, however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done
under that rule.
Repeal and savings. 110. (1) Provisions of the Juvenile Justice (Care and
Protection of Children) Act, 2000 and all provisions
concerning children in the Orphanages and other
Charitable Homes (Supervision and Control) Act, 1960
and the Women‟s and Children‟s Institutions (Licensing)
Act, 1956, are hereby repealed.
(2) Notwithstanding such repeal, anything done or any
action taken under the said Acts shall be deemed to have
been done or taken under the corresponding provisions of
this Act.
Power to remove
difficulties.
111. (1). If any difficulty arises in giving effect to the
provisions of this Act, the Central Government may, by order, Draft for Website
18
th
June 2014
Page 68 of 68
not inconsistent with the provisions of this Act, remove the
difficulty :
Provided that no such order shall be made after the expiry of
the period of two years from the commencement of this Act.
(2) However, order made under this section shall be laid, as
soon as may be after it is made, before each House of
Parliament.
********
