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Definitions.
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61 of
1985.
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or
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Fundamental
principles for care,
protection
rehabilitation and
justice for children.
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CHAPTER-III
JUVENILE JUSTICE BOARD
5. (1) Notwithstanding anything contained in the Code of 2 of
Criminal Procedure, 1973(2 of 1974), the State Government 1974.
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 2 of
Procedure, 1973 (2 of 1974) on a Metropolitan Magistrate or, 1974.
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
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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.
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CHAPTER-IV
PROCEDURE IN RELATION TO CHILDREN IN
CONFLICT WITH LAW
Apprehending of child 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
alleged to be in
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Role of custodian of
child in conflict with
law.
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Inquiry by Board
regarding child in
conflict with law.
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attend school;
attend a vocational training centre;
attend a therapeutic centre;
prohibit the child from visiting, frequenting or
appearing at a specified place;
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Proceeding under
Chapter VIII of the
Code of Criminal
Procedure not to apply
against child.
No joint proceeding of
child in conflict with
law and person not a
child.
Removal of
Special provision in
respect of pending
cases.
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CHAPTER-V
CHILD WELFARE COMMITTEE
Child Welfare
Committee
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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.
Functions and
shall include :
(i) taking cognizance
produced;
of
and
receiving
children
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2012.
Production before
Committee.
CHAPTER-VI
PROCEDURE IN RELATION TO CHILDREN IN
NEED OF CARE AND PROTECTION
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 61
Inspector appointed under section 17 of Child of 1986.
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.
Offence of nonreporting
Surrender of
Children.
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Procedure for
declaring a child
legally free for
adoption.
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CHAPTER-VII
REHABILITATION AND SOCIAL RE-INTEGRATION
Process of
rehabilitation and
social re-integration.
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Registration of child
care institutions
housing a child.
(a) parents;
(b) adoptive parents;
(c) foster parents.
(d) guardian;
(e) fit person;
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
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Open Shelter
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Sponsorship.
44. (1) The State Government shall make rules for the
purpose of undertaking various programmes of sponsorship
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Observation Homes.
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Shelter Home
Childrens Home
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Fit person
Rehabilitation and
re-integration
services in
institutions
registered under this
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Evaluation of
functioning of
structures
Adoption
Procedure for
adoption by persons
not related to the
child.
Conditions without
which adoption of a
child shall not take
place.
Specialised Adoption
Agencies.
Adoption of children
residing in
institutions not
registered as
adoption agencies.
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Providing
information
regarding adoption
orders
Prohibition of
payments for
adoption
Central Adoption
Resource Authority.
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Annual Report of
Central Adoption
Resource Authority
Grants by Central
Government
Prohibition on
disclosure of identity
of children.
CHAPTER-IX
OTHER OFFENCES AGAINST 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
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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
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the
purpose
of
this
sub-section
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Sale and
procurement of
children for any
purpose.
Corporal
punishment.
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Ragging of a child in
an institution.
Use of child by
militant groups.
Kidnapping and
abduction of child.
Offences committed
on disabled children.
False complaints or
false information
Special offences.
Attendance of parent
or guardian of 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.
Transfer of children
as are mentally ill or
addicted to alcohol
or other drugs
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Leave of absence to a
child placed in an
institution.
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Reports to be treated
as confidential.
Appeals.
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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.
Power of competent
authority to amend its
own Orders.
2 of
1974.
2 of
1974.
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Constitution of child
protection unit
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Power to remove
difficulties.
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