Chapter Ix Bombay Children Act, 1948 (Lxxi of 1948) 1. (1
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CHAPTER IX BOMBAY CHILDREN ACT, 1948 (LXXI OF 1948) 1. (1) The following are the important provisions of the Bombay Children Act, 1948 :- (a) Under Section 4 of the Act, ªchildº means a boy who has not completed the age of 16 years, or a girl who has not completed the age of 18 years and ªyouthful offenderº means any child who has been found to have committed an offence. (b) Section 6 of the Act provides that with the introduction of Parts II to XI of the Bombay Children Act, 1948, in any area, the provisions of the Reformatory Schools Act, 1897, and of section 27 of the Code of Criminal Procedure, 1973, shall cease to apply thereto, Section 7 provides for the establishment of Juvenile Courts by Government for any area. Section 8 given a list of the additional Criminal Courts empowered to exercise the powers of a Juvenile Court. Section 10 provides that there shall not be any joint trial of a child and an adult person in any area where a Juvenile Court is established under the Act. Section 11 provides that the procedure to be followed by the Juvenile Courts and the Magistrate empowered under Section 8 is the one prescribed for summary trials in summons cases in which an appeal lies under the Code of Criminal Procedure, 1973, as far as practicable and subject to the provisions of the Act. Section 13 requires the Magistrates to separate the trial of a child from that of an adult person in a case fit for being committed to the Sessions and to proceed with the trial of the case in respect of the child alone after committing the case of the adult to the Court of Session. Section 14 prohibits the appearance of legal practitioners before Juvenile Courts except in cases where the Court is of the opinion that in public interests the appearance of a legal practitioner is necessary and authorises, for reasons to be recorded in writing, a legal practitioner to appear before it. Section 17 empowers the Juvenile Court to dispense with attendance of a child at the trial under certain circumstances. Section 21 details the factors to be taken into consideration, such as the character and the age of the child, the circumstances in which the child is living, the reports made by the Child Welfare Officer (Probation) and such other things before the Court passes orders. Section 23 prohibits publication of names and address of the children involved in cases or procedings under the Act. It is, however, open to the Court to allow disclosure , if in its opinion such disclosure is in the interest of child-welfare and is not likely to affect adversely the interest of the child concerned. The Court has to give its reasons in writing whenever it permits such disclosures, Section 24 lays down that the provisions of the Code of Criminal Procedures, 1973, shall govern all proceedings under the Act, subject to the special provisions of the Act or rules made thereunder. (c) Section 40 empowers a Police Officer or other duly authorised person to bring before a Juvenile Court established for the area or a Magistrate empowered under Section 8 or where there is no such Court or Magistrate, before any other Magistrate, a child who has no home or is a distitute etc. Section 41 provides that when any Magistrate not empowered to exercise the powers of a Juvenile Court is of the opinion that a person brought before him is a child, he shall record such opinion and submit the proceedings and forward the child to the nearest Juvenile Court having jurisdiction in the case, and if there is no such other Court, to the Sessions Judge to whom he is subordinate. Section 45 enables the Court to commit the child to a Classifying Centre or to the Care of an Approved Institution in cases falling under Section 40. (d) Part VI of the Act provides for punishment for special offences in respect of children. Section 63 makes all offences under this part cognizable. Section 64-A empowers the Cou8rt to refuse bail in certain cases. (e) Special attention is invited to section 68 of the Act. It lays down that no youthful offender shall be sentenced to death of imprisonment. It further enables the Court to order the offender to be kept in safe custody where in its opinion no punishment, which under the provisions of the Act it is authorised to inflict, is sufficient or where it is satisfied that the child is of so unruly or of so depraved a character that he cannot be committed to a Classifying Centre or detained in a place of safety and in the meantime to report the cases for the orders of Government. The provisions of Section 69 are very important. They provide that the words, ªconvictionº and ªsentenceº shall cease to be used in relation to children dealt with under the Act. The Court shall only record a finding that the child is either guilty or not guilty of the offence charged. Section 70 lays down that no proceedings under Chapter VIII of the Code of Criminal Procedure, 1973 shall be taken against any child. Under Section 71, the period of detention of a child in a Classifying Centre or an Approved Institution shall not exceed the time at which in the case of a boy when he completes the age of 18 years and in the case of girl, when she completes the age of 20 years. It is, however, open to the Court, for reasons to be recorded in writing, to prescribe a shorter period in exceptional cases. Section 89 prescribes that in the case of a boy under the age of 15 years, and in the case of a girl under the age of 17 years, the period of detention shall ordinarily be such as will result in the case of a boy being detained until he reaches the age of 18 years, and in the case of a girl being detained until she reaches the age of 20 years. Provided that such period of detention in case of a boy over 15 years of age and in case of a girl of over 17 years of age, shall not be less than two years unless the Court directs otherwise in special circumstances. Section 72 prescribes other orders which the Court may pass against the child. It can discharge him after due admonition. It can order the offender to pay a fine if he is over 14 years of age, or it can release the child on probation of good conduct and commit him to the care of the parent or guardian on a bond with or without surety. (2) Section 21 of the Act directs that for the purpose of any order which the Court has to pass under the Act, the Court shall have regard to several factors including the character and the age of the child, the circumstances in which the child is living and the reports made by the Child Welfare Officer (Probation). This Section contempletes an investigation to be made into the character and circumstances of the child. Such investigation is not possible unless the child is detained in an Observation Home, for observation for sufficiently long period. Detention in an Observation Home is entirely in the interest of the child, both physical and moral. A careful diagnosis of the child©s difficulties would enable the Child Welfare Officer (Probation) to renderproper advice to the Court at the material time. Magistrates should, therefore, avoid indiscriminate bailing out of children and should properly exercise their discretion in bailing them out only in safe and deserving cases preferably on the recommendation of a Child Welfare Officer (Probation). 2. (1) The following is a list of Approved Centres and other Institutions (i.e. Observation Homes and Approved Institutions) certified by Government under Section 25 and 26 of the Bombay Children Act, 1948 :- List of Government Approved Centres ------------------------------------------------------------------------------- Serial Name of the Institution and District Tahsil No. Location. ------------------------------------------------------------------------------- 1 Yeravada Industrial School, Pune, Haveli, Yeravada, Pune 6 2 Government Certified School for Pune, Ghodnadi, Girls, Sirur, District Pune, 3 Government Certified School for Pune, Haveli, Mundhawa, District Pune, 4 Government Certified School for Pune, Ghodnadi, Mentally Deficient Girls, Sirur, District Pune, 5 Government Certified School for Solapur, Malshiras, Boys, Malshiras, District Solapur, 6 Government Certified School for Ahmednagar Ahmednagar Girls, Ahmednagar, 7 Government Certified School for Solapur, Solapur, Boys, Solapur, Bombay Division 8 Government Certified School for Thane Kalyan, Boys, Shanti Bhavan, Ulhasnagar, 9 Government Certified School for Thane Kalyan, Boys, Ulhasnagar, District Thane, 10 Government Certified School for Nasik Nasik, Girls near Nasaradi Bridge, Nasik, 11 Government Certified School for Jalgaon Jalgaon, Boys, Wak, Taluka Bhadgaon, District Jalgaon, 12 Shishu Sadan for Children Aurangabad Auragabad, Aurangabad, ------------------------------------------------------------------------------- Serial Name of the Institution and District Tahsil No. Location. -------------------------------------------------------------------------------13 Government Certified School for Aurangabad Auragabad, Boys, Jalna, District Aurangabad, 14 Government Certified School for Aurangabad Aurangabad, Girls, Paithan, District Aurangabad, 15 Government Certified School for Osmanabad Murud, Girls, Murud, District Osmanabad, Nagpur Division 16 Government Certified School for Nagpur Nagpur, Boys, Nagpur, 17 Government Certified School for Nagpur Nagpur, Girls, Nagpur, 18 Government Certified School for Wardha Wardha, Boys, Pimpari Meghe, District Wardha, 19 Government Certified School for Buldana Chikhali, Boys, Buldana, 20 Government Certified School for Sangli Miraj, Girls, Sangli, 21 Government Approved Centre, Parbhani, Parbhani, Parbhani, List of Classifying Centre 1 Government Classifying Centre, Pune Haveli, Pune. ------------------------------------------------------------------------------- List of Observation Homes ------------------------------------------------------------------------------- Serial Name of the Institution District Tahsil, No.