THE CHILDREN

 ACT, 1974

 

 

 

 

                                                                        and

 

 

Children Rules 1976         

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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The following Act of Parliament received the assent of the President on the 21st June, 1974, and is hereby published for general information :‑

ACT No. XXXIX of 1974

An Act to consolidate and amend the law relating to the custody, protection avid treatment of children and trial and punishment of youthful offenders,

WHEREAS it is expedient to consolidate and amend the law relating to the custody, protection and treatment of children and trial and punishment of youthful offenders ;

It is hereby enacted as follows :-PART I PRELIMINARY

1.          Short title and commencement.-(1) This Act may be called the Children Act, 1974.

(2) It shall come into force in such areas and on such dates as the (government may, by notification in the official Gazette, specify.

2.          Definitions.--In this Act, unless there is anything repugnant in the subject or context,-‑

(a) "adult" means n person who is not a child ;

                (b) "approved home" means any institution which is established by any association or body of individuals and recognised by the Government for the reception or protection of, or prevention of cruelty to, children and which undertakes to bring up, or give facilities for bring up, any child entrusted to its care in conformity with the religion of his birth ;

(c) "begging means‑

(i)         soliciting or receiving alms in a public place, whether or not under any pretence such as singing, dancing, fortune-telling, reciting holy verse or performing tricks;

(ii)        entering in any private premises for the purpose of soliciting or receiving alms ;

                                                             (iii) exposing or exhibiting with the object of obtaining or extorting alms
any sore, wound, injury, deformity or disease ;


 

(iv)        having no visible means of subsistence and wandering about and remaining in any public place in such condition or manner as makes it likely that the person doing so exists by soliciting or receiving alms ; and

(v)          allowing oneself to be used as an exhibit for the purpose of soliciting or receiving alms ;

(d)       "certified institute" means a training institute established or any training institute, industrial school or educational institution certified by the Government under section 19 ;

(e)        "Chief Inspector" means Chief Inspector of certified institutes appointed under section 30 ;

(f)         "Child" means a person under the age of sixteen years, and when used with reference to a child sent to a certified institute or approved home or committed by a Court to the custody of a relative or other fit person means that child during the whole period of his detention notwithstan­ding that he may have attained the age of sixteen years during that period ;

(g)        "Code" means the Code of Criminal Procedure, 1898 (V of 1898)

(h)       "guardian", in relation to a child or youthful offender includes any person who, in the opinion of the Court having cognizance of any proceeding in relation to the child or youthful offender, has for the time being the actual charge of, or control over, the said child or youthful offender ;

(1) "Juvenile Court" means a Court establish under section 3

(j)       "place of safety" includes a remand home, or any other suitable place or institution, the occupier or manager of which is willing temporarily to receive a child or where such remand home or other suitable place or institution is not available, in the case of a male child only, a police-station in which arrangements are available or can be made for keeping children in custody separately from the other offenders ;

(k)     "prescribed" means prescribed by rules made under this Act ;

(1) "Probation Officer" means a Probation Officer appointed under section 31 ;

(m)     "supervision" means the placing of a child under the control of a Probation Officer or other person for the purpose of securing proper care and protection of the child by his parent, guardian, relation or any other fit person to whose care the child has been committed ; and

(n)       "°youthful offender" means any child who has been found to have committed an offence.



PART II

 

 

POWERS AND FUNCTIONS OF COURTS HAVING JURISDICTION
UNDER THE ACT

3. Juvenile Courts.--Notwithstanding anything contained in the Code, the Government may, by notification in the official Gazette, establish one or more Juvenile Courts for any local area.

4. Courts empowered to exercise powers of Juvenile Court.--The powers conferred on a Juvenile Court by this Act shall also be exercisable by‑

 

(a)      the High Court Division,

 

(b)     a Court of Session,

(c)   a Court of an Additional Sessions Judge and of an Assistant Sessions Judge,

(d)       a Sub-Divisional Magistrate, and

 

(e)        a Magistrate of the first class, whether trying any case originally or on appeal or in revision.

5. Powers of Juvenile Courts, etc.--(1) When a Juvenile Court has been established for any local area, such Court shall try all cases in which a child is charged with the commission of an offence and shall deal with and dispose of all other proceedings under this Act, but shall not have power to try any case in which an adult is charged with any offence mentioned in Part VI of this Act.

 

(2)     When a Juvenile. Court has not been established for any local area, no Court other than a Court empowered under section 4 shall have power to try any case in which a child is charged with the commission of an offence or to deal with or dispose of any other proceeding under this Act.

(3)     When it appears to a Juvenile Court or a Court empowered under section 4, such. Court being subordinate to the Court of Session, that the offence with which a child is chimed is triable exclusively by the Court of Session, it shall immediately transfer the case to the Court of Session for trial in accordance

 

with the procedure hid down in this Act.

 

 6. No joint trial of child and adult.—(1) Notwithstanding anything contained in section 239 of the Code or any other law for the time being in force, no child shall be charged with, or tried for any offence together with an adult.

(2) If a child is accused of an offence for which under section 239 of the Code or any other law for the time being h force such child but for the provisions of sub-section (1) could have been tried together with an adult, the Court taking cognizance of the offence shall direct separate trials of the child and the adult.

7. Sittings, etc. of Juvenile Courts.--(1) A Juvenile Court shall hold its sittings at such place, on such days and in such manner as may be prescribed.


 

(2) In the trial of a case in which a child is charged with an offence a Court shall, as far as may be practicable, sit in a building or room different from that in which the ordinary sittings of the Court are held, or on different days or at different times from those at which the ordinary sitting of the Court are held.

8. Adult to be committed to sessions in a case to be committed to sessions.--(1) When a child is accused along with an adult of having committed an offence and it appears to the Court taking cognizance of the offence that the case is a fit one for committal to the Court of Session, such Court shall, after separating the case in respect of the child from that in respect of the adult, direct that the adult alone be committed to the Court of Session for trial.

(2) The case in respect of the child shall then be transferred to a Juvenile Court if there is one or to a Court empowered under section 4, if there is no Juvenile Court for the local area, and the Court taking cognizance of the offence is not so empowered :

Provided that the case in respect of the child shall be transferred to the Court of Session under section 5(3) if it is exclusively triable by the Court of Session in accordance with the Second Schedule of the Code.

9. Presence of persons In Juvenile Courts.--Save as provided in this Act, no person shall be present at any sitting of a Juvenile Court except‑

 

(a)      the members and officers of the Court ;

 

(b)     the parties to the case or proceeding before the Court and other persons directly concerned in the case or proceeding including the police officers ;

 

(c)      parents or guardians of the child ; and

 

(d)     such other persons as the Court specially authorises to be present.

10. Withdrawal of persons from Courts.---If at any stage during the hearing of a case or proceeding, the Court considers it expedient in the interest of the child to direct any person, including the parent, guardian or the spouse of the child, or the child himself to withdraw, the Court may give such direction and thereupon such person shall withdraw.

11. Dispensing with attendance of child.--If at any stage during the hearing of case or proceeding, the Court is satisfied that the attendance of a child is not essential for the purpose of the hearing of the case or proceeding, the Court may dispense with his attendance and proceed with the hearing of the ease or of the proceeding in the absence of the child.

12. Withdrawal of person from Court when child is examined as witness,--If at any stage during the hearing of a case or proceeding in relation to an offence against or any conduct contrary to decency or morality, a child is summoned as a witness, the Court hearing the case or proceeding may direct such persons as it thinks fit, not being parties to the case or proceeding, their legal advisers and the officers concerned with the case or proceeding, to with. draw and thereupon such persons shall withdraw.


 

13. Attendance at Court of parent of a child charged with offence, etc.--(1) Where a child brought before a Court tinder this Act has a parent or guardian, such parent or guardian may in any case, and shall, if he can be found and if he resides within a reasonable distance, be required to attend the Court before which any proceeding is held under this Act, unless the Court is satisfied that it would be unreasonable to require his attendance.

(2)     Where the child is arrested, the officer in charge of the police-station to which he is brought shall forthwith inform the parent or guardian, if he can be found, of such arrest, and shall also cause him to be directed to attend the Court before which the child will appear and shall specify the date of such appearance.

(3)     The parent or guardian whose attendance shall be required under this section shall he the parent or guardian having the actual charge of or control over, tho child ;

 

Provided that if such parent or guardian is not the father, the attendance of the father may also be required.

 

(4)     The attendance of the parent of a child shall not be required under this section in any case where the child was, before the institution of the proceeding, removed from the custody or charge of his parent by an order of a Court.

 

(5)     Nothing in this section shall be deemed to required the attendance of the mother or female guardian of a child, but any such mother or female guardian may appear before the Court by an advocate or agent.

14.       Committal to approved place of child suffering from dangerous disease.---(1) When a child who has been brought before a Court under any of the provisions of this Act, is found to be suffering from a disease requiring prolonged medical treatment, or a physical or mental complaint that is likely to, respond to treatment, the Court, may send the child to a hospital or to any other place recognised to be an approved place in accordance with the rule made this Act for such period as it may think necessary for the required treatment.

(2) Where a Court has taken action under sub-section (1) in the case of child suffering from an infections or contagious disease, the Court, before restoring the said child to his partner in marriage, if there is one, or to the guardian, as the case may be, shall, where it is satisfied that such action will be in the interest of the said child, call upon his partner in marriage or the guardian, as the case may be, to satisfy the Court by submitting to medical examination that such partner or guardian will not re-infect the child in respect of whom the order has been passed.

15.       Factors to be taken into consideration in passing orders by Court.--For the purpose of any order which a Court has to pass under this Act, the Court shall have regard to the following factors :-‑

 

(a)      the character and age of the child ;

 

(b)     the circumstances in which the child is living;



(c)        the reports made by the Probation Officer ; and

 

(d)       such other matters as may, in the opinion of the Court, require to be taken into consideration in the interest of the child :

Provided that where a child is found to have committed an offence, the above factors shall be taken into consideration after the Court has recorded a finding against him to that effect.

 

16.       Reports of Probation Officers and other reports to be treated confidential.-The report of the Probation Officer or any other report considered by the Court under section 15 shall be treated as confidential :

 

Provided that if such report relates to the character, health or conduct of, or the circumstances in which, the child or the parent or guardian of such child is living, the Court may, if it thinks expedient, communicate the substance thereof to the child, or the parent or guardian concerned and may give the child or the parent or guardian of such child an opportunity to produce evidence as may be relevant to the matters stated in the report.

 

17.       Prohibition on publication of report disclosing identity, etc., of child involved in cases. No report in any newspaper, magazine or news-sheet nor any news giving agency shall disclose any particular of any case or proceeding in any Court under this Act in which a child is involved and which leads directly or indirectly to the identification of such child, nor shall any picture of such child be published :

 

Provided that, for reasons to be recorded in writing, the Court trying the case or holding the proceeding may permit the disclosure of any such report, 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.

 

18.       Provisions of Criminal Procedure Code. 1898, to apply unless excluded.-Except as expressly provided under this Act or the rules made thereunder, the procedure to be followed in the trial of cases and the holding of proceedings under this Act shall be in accordance with the provisions of the Code.

PART III
CERTIFIED INSTITUTES AND OTHER INSTITUTIONS

19. Establishment and certification of Institutes.-(1) The Government may establish and maintain training institute for the reception of children and youthful offenders.

 

(2) The Government may certify that any training institute not established under sub-section (1) or any industrial school or other educational institution is fit for the reception of children or youthful offenders.

 

20. Remand Homes.-The Government may establish and maintain remand homes for the purposes of detention, diagnosis and classification of children committed to custody by any Court or Police.


21.          Conditions for certification or recognition of institutes, etc.-The Government may prescribe conditions subject to which any training institute, industrial school, educational institution or approved home shall be certified or recognised, as the case may be, for the purposes of this Act.

22.          Management of certificate institutes.-(1) For the control and manage­ment of every training institute established under section 19(1), a superintendent and a committee of visitors shall be appointed by the Government, and such superintendent and committee shall be deemed to be managers of the institute for the purposes of this Act.

(2) Every institute, school or institution certified under section 19(2) shall be under the management of its governing body, the members of which shall be deemed to be the managers of the institute, school or institution for the purpose of this Act.

23.          Consultation with managers.-The managers of a certified institute shall be consulted by the Court before any child is committed to it.

24.          Medical inspection of certified institutes and approved homes.-Any registered medical practitioner empowered in this behalf by the Government way visit any certified institute or approved home at any time with or without notice to its managers or other persons in charge thereof in order to report to the Chief Inspector on the health of the inmates and the sanitary condition of the certified institute or approved home.

25.          Power of the Government to withdraw certificate.-The Government, if dissatisfied with the management of a certified institute, may at any time by notice served on the managers of the institute declare that the certificate of the institute is withdrawn as from a date specified in the notice and on such date the withdrawal of the certificate shall take effect and the institute shall cease to be certified institute :

Provided that before the issue of such notice a reasonable opportunity shall he given to the managers of the certified institute to show cause why the certificate shall not be withdrawn.

26.          Registration of certificate by managers.-The managers of a certified institute may, on giving six months' notice in writing to the Government through the Chief Inspector of their intention so to do, resign the certificate of the institute and accordingly at the expiration of six months from the date of notice, unless before that time the notice is withdrawn the resignation of the certificate shall take effect and the institute shall cease to be a certified institute.

27.          Effect of withdrawal or resignation of certificate.--A child or youthful offender shall not be received into a certified institute under this Act after the (late of receipt by the managers of the institute of a notice of withdrawal of the certificate or after the date of a notice of resignation of the certificate :

Provided that the obligation of the managers to teach, train, lodge, cloth and feed any child or youthful offender detained in the institute at the respective dates aforesaid shall, except so far as the Government otherwise directs; continue until the withdrawal or resignation of the 'certificate takes effect.


 

 28. Disposal of Inmates on `withdrawal or resignation of certificate..--When an institute ceases to be a certified institute the children or youthful offenders detained therein shall be either discharged absolutely or on such condi­tions as the Government may impose or, may be transferred by order of the Chief Inspector to some other certified institute in accordance with the provisions of this Act relating to discharge and transfer.

29. Inspection of certified institute and approved homes.-Every certified institute and approved home shall be liable to inspection at all times and in all its departments by the Chief Inspector, Inspector or Assistant Inspector of institutes and shall be so inspected at least once in every six months

Provided that where any such certified institute is for the reception of girls only and such inspection is not made by the Chief Inspector, the inspection shall, wherever practicable be made by a woman authorised by the Chief Inspector in that behalf.

 

PART IV
OFFICERS AND THEIR POWERS AND DUTIES

30. Appointment of Chief Inspector, etc.-(1) The Government may appoint a Chief Inspector of certified institutes and such number of Inspectors and Assistant Inspectors of certified institutes as it thinks fit to assist the Chief Inspector.

(2)     The Chief Inspector shall have such powers and duties as this Act specifies and as may be prescribed.

 

(3)     Every Inspector or Assistant Inspector shall have such of the powers and duties of the Chief Inspector as the Government may direct and shall act under the direction of the Chief Inspector.

31. Appointment of Probation Officers.--(1) The Government may appoint a Probation Officer in each district :

Provided that where there is no person so appointed in. a district any other person may be appointed as a Probation Officer from time to time by a Court in that district for any particular case.

 

(2)     A Probation Officer, in the performance of his duties under this Act, shall be under supervision and guidance of the Juvenile Court where such Court exists or, where there is no such Court, the Court of Session.

 

(3)     A Probation Officer shall, subject to the rules made under this Act and to the directions of the Court‑

(a)        visit or receive visits from the child at reasonable intervals ;

(b)       see that the relative of the child or the person to whose 'care such child is committed observes the conditions of the bond ;

(c)        report to the Court as to -the behaviour of the child ;

(d)       advise, assist and be fiend the child and, where necessary, endeavour to find him suitable employment ; and

(e)        perform any other duty which may be prescribed.


 PART V

MEASURES FOR THE CARE AND PROTECTION OF DESTITUTE
AND NEGLECTED CHILDREN

32. Children found homeless, destitute etc.-A Probation Officer or a Police Officer not below the rank of Sub-Inspector of Police or any other person authorised by the Government in this behalf may bring before a Juvenile Court or a court empowered under section 4 any person who, in his opinion, is a child and who-‑

 

(a)        has no home, settled place of abode or visible means of subsistence, or no parent or guardian exercising regular and proper guardianship ; or

(b)       is found begging or is found doing for a consideration any act under circumstances contrary to the wellbeing of the child ; or

(e) is found destitute and his parent or other guardian is undergoing transportation or imprisonment ; or

(d)     is under the care of a parent or guardian who habitually neglects or cruelly ill-treats the child ; or

(e)     is generally found in the company of any reputed criminal or prostitute not being his parent or guardian ; or

(f)      is residing in or frequenting a house used by a prostitute for the purpose of prostitution and is not the child of that prostitute ; or

 

(g)     is otherwise likely to fall into bad association or to be exposed to moral danger or to enter upon a life of crime.

 

(2)          The Court before which a child referred to in sub-section (1) is brought shall examine the information and record the substance of suet examination, and, if it thinks there are sufficient grounds for making further inquiry, it shall fix a date for the purpose.

 

(3)          On the date fixed for the inquiry under sub-section (2) or on an} subsequent date to which the proceeding may be adjourned, the Court shall hear and record all relevant evidence which may be adduced for and again, any action that may be taken under this Act and may make any further inquiry it thinks fit.

 

(4)          if the Court is satisfied on such inquiry that such person is a child as described in sub-section (1) and that it is expedient so to deal with him the Court may order him to be sent to a certified institute or approved home or may order him to be committed in the prescribed manner to the care of i relative or other fit person named by the Court and willing to undertake such care, until such child attains the age of eighteen years, or for any shorter period

 

(5)          The Court which makes an order committing a child to the care of i relative or other fit person may, when making such order, require such relative or other person to execute a bond, with or without sureties, as the Court mad require, to be responsible for the good behaviour of the child and for the observance of such other conditions as the Court may impose for securing that the child may lead an honest and industrious life.


(6) The Court which makes an order committing a child to the care of a relative or other fit person under this section may, in addition order that he be placed under the supervision of a Probation Officer or other fit person named by the Court.

 

33.            Un-controllable children.-(l) Where the parent or guardian of a child complains to a Juvenile Court or to a Court empowered under section 4 'that he is unable to control the child the Court may, if satisfied on inquiry that it is expedient so to deal with the child, order the child to be committed to a certified institute or an approved home for a period not exceeding three years.

 

(2) The Court may also, if satisfied that home conditions are satisfactory and what is needed is supervision, instead of committing the child to a certified institute or approved home, place him under the supervision of a Probation Officer for a period not exceeding three years.

PART VI

 

SPECIAL OFFENCES IN RESPECT OF CHILDREN

34.            Penalty for cruelty to child.-If any person over the age of sixteen years, who has the custody, charge or care of any child assaults, ill-treats, neglects, abandons or exposes such child or causes such child to be assaulted, ill-treated, neglected, abandoned or exposed in a manner likely to cause such child unnecessary suffering or injury to his health, including loss of sight or hearing or injury to limb or organ of the body and any mental derangement, such person shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to Taka one thousand or with both.

 

35.            Penalty for employing children for begging.-Whoever employs any child for the purpose of begging, or causes any child to beg, or whoever having the custody, charge or care of a child, connives at, or encourages his employment for the purpose of begging, or whoever uses a child as an exhibit for the purpose of begging, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to Takao three hundred, or with both.

 

36.            Penalty for being drunk while in charge of child.-If any person is 4ound drunk in any public place, whether a building or, not, while having the charge of a child, and if such person is incapable by reason of his drunkenness of taking due care of the child, such person shall be punishable with fine which may extend to Taka one hundred.

 

37.            Penalty for giving intoxicating liquor or dangerous drug to child.-Whoever in any public place, whether a building or not, gives or causes to be given to any child any intoxicating liquor or dangerous drug except upon the eider of a duly qualified medical practitioner in case of sickness or other urgent reuse shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to Taka five hundred, or with both.

 

38. Penalty for permitting child to enter places where liquor or dangerous drug are sold.--Whoever takes a child to any place where intoxication liquor or dangerous drugs are sold, or being the proprietor, owner or a person in


change of such place, permits it child to enter such place, or whoever causes or procure a child to go to such plaice, shall be punishable with fine which may extend to Taka five hundred.

39.          Penalty for inciting child to bet or borrow.--Whoever by words either spoken or written or by signs or otherwise incites or attempts to incite a child to make any bet or wager or to enter into or take any share or interest in any betting or wagering transaction or so incites a child to borrow money or to enter into any transaction involving the borrowing of money shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to Taka two hundred, or with both.

40.          Penalty for taking on pledge or purchasing article from child.--Whoever takes an article on pledge from a child, whether offered by that child on his own behalf or or, behalf of any person, shall be punishable with imprison­ment for a term which may extend to one year, or with fine which may extend to Taka five hundred, or with both.

41.          Penalty for allowing child to be in brothel.-Whoever allows or permit a child over the age of four years to reside in or frequently to go to a brothel shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to Taka one thousand, or with both.

42.          Penalty for causing or encouraging seduction.---Whoever having the actual charge of, or control over, a girl under the age of sixteen years causes or encourages the seduction or prostitution of that girl or causes or encourages any person other than her husband to have sexual intercourse with her shall be punishable with imprisonment for a term which may extend to two years, or with me which may extend to Taka one thousand, or with both.

Explanation.--For the purposes of this section, a person shall be deemed to have caused or encouraged the seduction or prostitution of a girl if he has knowingly allowed the girl to consort with, or to enter or continue in the employment of, any prostitute or person of know immoral character.

43.          Young girls exposed to risk of seduction.-If it appears to a Court on the complaint of any person that a girl under the age of sixteen years is with or without the knowledge of her parent or guardian, exposed to the risk of seduc­tion or prostitution, the Court may direct the parent or guardian to enter into a recognisance to exercise due care and supervision in respect of such girl.

44.          Penalty for exploitation of child employees.-(1) Whoever secures a child ostensibly for the purpose of menial employment or for labour in a factory or other establishment, but in fact exploits the child for his own ends, withholds or lives on his earning, shall be punishable with fine which may extend to Taka one thousand.

(2) Whoever secures a child ostensibly for any of the purposes mentioned ?n Sub-section (1), but exposes such child to the risk of seduction, sodomy, prostitution or other immoral conditions shall be punishable with imprisonment for a tern which may extend to two years, or with fine which may extend to Taka one thousand, or with both.


 

(3) Any person who avails himself of the labour of a child 'exploited in the manner referred to in sub-section (1) or sub-section (2), or for whose immoral gratification such child is used, shall be liable as an abettor.

 

45. Penalty for abetting escape of child or youthful offender.-Whoever‑

 

(a)     Knowingly assists or induces, directly or indirectly, a child or youthful offender detained in or placed out on license from a certified institute or approved home to escape from the institute or home or from any person with whom he is placed out on license or any child to escape from the person to whose custody he is committed under this Act ; or

 

(b)     Knowingly harbours, conceals or prevents from returning to certified institute or approved home or to any person with whom he is placed out on license or to the person to whose custody he is committed under this Act a child or youthful offender who has so escaped, or knowingly assist in so doing.

shall be punishable with imprisonment for a term which may extend to two months, or with fine which may extend to Taka two hundred, or with both.

46. Penalty for publication of report or pictures relating to child,--Whoever publishes any report or picture in contravention of the provisions of section 17 shall be punishable with imprisonment for a term which may extend to two months, or with fine which may extend to Taka two hundred, or with both.

 

47. Offence under this part cognizable.—Notwithstanding anything
contained in the Code all offences under this part shall be cognizable.

PART VII YOUTHFUL OFFENDERS

 

48. Bail of child arrested.--Where a person apparently under the age of sixteen years is arrested on a charge of a non-bailable offence and cannot be brought forthwith before a Court, the officer-in-charge of the police-station to which such person is brought may release him on bail, if sufficient security is forthcoming, but shall not do so where the release of the person shall bring him into association with any reputed criminal or expose him to moral danger or where his release would defeat the ends of justice.

 

49. Custody of child not enlarged on bail.-(1) Where a person apparently under the age of sixteen years having been arrested is not released under section 4$. the officer-in-charge of the police-station shall) cause him to be detained in a remand home or. a place of safety until lie can be brought before a Court.

 

(2) A Court. on remanding for trial a child who is not released on bail, shall order him to be detained in a remand home or a place of safety.

50. S3ibmission of information to Probation Officer by police after arrest.-Immediately after the arrest of a child. it shall be the duty of the police-officer. or any other person affecting the arrest to inform the Probation Officer of such arrest in order to enable the said Probation Officer to proceed forthwith in


obtaining information regarding his antecedents. and family history and other material circumstances likely to assist the Court in making its order.

51.          Restrictions on punishment of Child—(1) Notwithstanding anything "to the contrary contained in any law, no child shall be sentenced to death, trans­portation or imprisonment :

Provided that when a child is found to have committed an offence of so serious a nature that the Court is of opinion that no punishment, which under the provisions of this Act it is authorised to inflict, is sufficient or when the Court is satisfied that the child is of so unruly or of so, depraved character that be cannot be committed to a certified institute and that none of the other methods in which the case may legally be dealt with is suitable, the Court may sentence the child to imprisonment or order him to be detained in such place and on such conditions as it thinks fit :

 

Provided further that no period of detention so ordered shall exceed the maximum period of punishment to which the child could have been sentenced for the offence committed :                                                    

Provided further that at any time during the period of such detention the Court may, if it thinks fit. direct that lieu of such detention the youthful offender be kept in a certified institute until he has attained the age of eighteen years.

(2) A youthful offender sentenced to imprisonment shall not be allowed to associate with adult prisoners.

52.          Commitment of child to certified institute.--Where a child is convicted of an offence punishable with death, transportation, or imprisonment, the Court may, if it considers expedient so to deal with the child, order him to be committed to a certified institute for detention for a period which sh211 be not less than two and not more than ten years, but not in any case extending beyond the time when the child will attain the age of eighteen years.

53.          Power to discharge youthful offenders or to commit him to suitable custody.--(l) A Court may, if it thinks fit, instead of directing any youthful offender to be detained in a certified institute under section 52 'order him to he-‑

 

(a)       discharged after due admonition, or

(b)    released on probation of good conduct and committed to the care of his parent or guardian or other adult relative or other fit person on such parent, guardian, relative or person executing a bond, with or without sureties, as the Court may require, to be responsible for the rood behaviour of the youthful offender for any period not exceeding three years, and the Court may also order that the youthful offender be placed tinder the supervision of a Probation Officer.

 

(2) If it appears to the Court on receiving a report from the Probation officer or otherwise that the youthful offender has not been of good behaviour during the period of his probation. it may, after making such inquiry as it deems fit, order the youthful offender to be detained in a certified institute for the unexpired of probation,                                              _


 

54. Power to order parent to pay fine, etc(1) Where it child is convicted of an offence punishable with fine the Court shall order that the fine

be paid by the parent or guardian of the child, unless the Court is satisfied that the parent or guardian cannot be found or that he has not conduced to the

commission of the offence by neglecting to exercise due care of the child.

 

(2) Where a parent or guardian is directed to pay a fine under sub-section (1), the amount may be recovered in accordance with the provision of the Code.

PART VIII

MEASURES FOR DETENTION, ETC., OF CHILDREN AND YOUTHFUL OFFENDERS

55. Detention of child in place of safety.--(1) Any Probation Officer or police officer not below the rank of Assistant Sub-Inspector or a person authorised by the Government in this behalf may take to a place of safety any

child in respect of whom there is reason to be believe that an offence has been or is likely to be committed.

(2)          A child so taken to a place of safety and also any child who seeks refuge in a place of safety may be detained until he can be brought before a Court:

Provided that such detention shall not, in the absence of a special order of the Court, exceed a period of twenty-four hours exclusive of the time necessary for journey from the place of detention to the Court.

 

(3)          The Court may thereupon make such order as hereinafter provided.

 

56. Court's power for care and detention of child.-(1) Where it appears to the Court that there is reason to believe that an offence as stated in section 55 has been committed or is likely to be committed in respect of any child who is brought before it and that it is expedient in the interest of the child that action should be taken under this Act, the Court may make such order as circumstances may admit and require for the care and detention of the child until a reasonable

time has elapsed for the institution of proceedings against the person for having committed the offence in respect of the child or for the purpose of taking such other lawful action as may be necessary.

 

(2)        The order of detention made under sub-section (1) shall remain in force until such time as the proceedings instituted against any person for an offence referred to in sub-section (1) terminate in either conviction, discharge or acquittal.

(3)        An order passed under this section shall be given effect to notwithstand­ing that any person claims the custody of the child.

 

57. Victimised child to be sent to Juvenile Court.-Any Court by which a person is convicted of having committed an offence in respect of a child or before which a person is brought for trial for any such offence shall direct the child concerned to be produced before a Juvenile Court or where there is no


Juvenile Court, a Court empowered under section 4 for making such orders as it may deem proper.

 

58. Order for committal of victimised children.-The Court before which child is produced in accordance with section 57 may order the child‑

(a)        to be committed to a certified institute or an approved home until such child attains the age of eighteen years or, in exceptional cases, for a shorter period, the reasons for such shorter period to be recorded in writing, or

 

(b)       to be committed to the care of a relative or other fit person on such bond, with or without surety, as the Court may require, such relative or fit person being willing and capable of exercising proper care, control and protection of the child and of observing such other conditions including, where necessary, supervision for any period not exceeding three years, as the Court may impose in the interest of the child:

 

Provided that, if the child has a parent or guardian fit and capable, in the opinion of the Court, of exercising proper care, control and protection, the Court may allow the child to remain in his custody or may commit the child to his care on bond, with or without surety, in the prescribed form and for the observance of such conditions as the Court may impose in the interest of the child.

 

59. Supervision of victimized children.--The Court which makes an order committing a child to the care of. his parent, guardian or other At person under the foregoing provisions may, in addition, order that he be placed under supervision.

60. Breach of supervision.---If it appears to the Court on receiving a report from the Probation Officer or otherwise that there has been a breach of the supervision order relating to the child in respect of whom the supervision order had been passed, it may, after making such inquiries as it deems fit, order the child to be detained in a certified institute.

 

16. Warrant to search for child.-(1) If it appears to a Juvenile Court or a Court empowered under section 4 from information on oath or solemn affirmation laid by any person who, in its opinion, is acting in the interest of the child that there is reasonable cause to suspect that an offence has been or is being committed or unless immediate steps be taken will be committed in respect of the child, the Court may issue a warrant authorising any police officer named therein to search for such child and if it is found that he has been or is being willfully ill-treated or neglected in the manner hereinbefore stated or that any offence has been or is being committed in respect of the child, to take him to and detain him in a place of safety until he can be brought before it and the Court before which the child is brought may, in the first instance, remain him in the prescribed manner to a place of safety.

 

(2) The Court issuing a warrant under this section may, by the same warrant, direct that any person accused of any offence in respect of the child be apprehended and brought before it or direct that if such person executes a bond with sufficient sureties for his attendance before the Court at a specified time and thereafter until otherwise directed by the Court the officer to whom the warrant is directed shall take such security and shall release such person from custody.


 

(3) The police officer executing the warrant shall be accompanied by the person laying the information if such person so desires and may also, if the Court by which the warrant is issued. so directs, be accompanied by a duly qualified medical practitioner.

(4) In any information or warrant under this section the name of the child shall be given, if known.

PART IX

 

MAINTENANCE AND TREATMENT OF COMMITTED CHILDREN

62. Contribution of parent.--(1) The Court which makes an order for the detention of a child or youthful offender in a certified institute or approved home or for the committal of a child or youthful offender to the care of a relative or fit person may make an order on the parent or other person liable to maintain the child or youthful offender, to contribute to his maintenance, if able to do so, in the prescribed manner.

(2)        The Court before making any order under sub-section (1) shall enquire into the circumstances of the parent or other person liable to maintain the child or youthful offender and shall record evidence, if any, in the presence of the Parent or such other person, as the case may be.

(3)        Any order made under this section may be varied by the Court on an application made to it by the party liable or otherwise.

(4)        The person liable to maintain a child or youthful offender shall„ for the purpose of sub-section (1), include in the case of illegitimacy his putative father :

Provided that, where the child or youthful offender is illegitimate and an order for maintenance has been made under section 488 of the Code, the Court shall not ordinarily make an order for contribution against the putative father but may order the whole or any part of the sums accruing due under the said order for maintenance to be paid to such person as may be named by the Court and such sums shall be applied by him towards the maintenance of the child or youthful offender.

(5)        Any order under this section may be enforced in the same manner as an order under section 488 of the Code.

63. Provision as to religion.-(1) In determining the certified institute, approved home or fit person or other person to whose custody a child is to be committed under this Act, the Court shall ascertain the religious denomination of the child and shall, if possible, in selecting such certified institute, approved home or fit person have regard to the facilities which are afforded for instruction in his religion.

(2) When a child is committed to the care of a certified institute or approved home in which facilities for instruction in his religion are not afforded, or is entrusted to the care of a fit person who has no special facilities for the


 

bringing up of the child in his religion, the authorities of such certified institute or approved home, or such fit person shall not bring the child up in any religion other than his own.

 

3) Where it is brought to the notice of the Chief Inspector that a breach of sub-section (2) has been committed, the Chief Inspector may transfer the child from the custody of such certified institute, approved home or fit person to any other certified institute or approved home as he may deem proper.

 

64. Placing out on licence.-(1) When a youthful offender or child is detained in a certified institute or approved home, the managers of the institute or home may, at any time with the consent in writing of the Chief Inspector, by licence, permit the youthful offender or child, on such conditions as may be prescribed, to live with ay trustworthy and respectable person named in the licence, permit the youthful offender or child, on such conditions as may be some useful trade or calling.

 

(2) Any licence so granted shall be in force until revoked or forfeited for the breach of any of the conditions on which it was granted.

(3) The tanagers of the certified institute or approved home may, at any time by order in writing, revoke any such licence and order the youthful offender or child to return to the institute or home, as the case may be, and shall do so at the desire of the person to whom the youthful offender or child is licenced.

 

(4)        if the youthful offender or child refuses or fails to return to the certified institute or approved home, the managers of the institute, or home as the case may be, may, if necessary, arrest him, or cause him to be arrested, and may take him, or cause him to be taken, back to the institute or home, as the case may be.

 

(5)        The time during which a youthful offender or child is absent from a certified institute or approved home in pursuance of a licence under this section shall be deemed to be part of the time of his detention in the institute or home as the case may be:

    Provided that, when a youthful offender or child has failed to return to the institute or home, as the case may be, on the licence being revoked or forfeited, the time which elapses after his failure so to return shall be excluded in com­puting the time during which he is to be detained in the institute or home, as the case may be.

 

65. Action by police with escaped children.--{1) Notwithstanding anything to the contrary contained in any law for the time being in force, any police officer may arrest without a warrant a child or youthful offender who has escaped from a certified institute or approved home or from the supervi­sion of a person under whose supervision he was directed to remain, and shall send the child or youthful offender back to the certified institute or approved home or the person, as the case may be, without registering any offence or prose­cuting the child or youthful offender and the said child or youthful offender shall not be deemed to have committed any offence by reason of such escape.

 

(2) When a child absconding from a certified institute or approved home has been arrested, he shall be detained in a place of safety pending his removal to the certified institute or approved home as the case may be.


 


PART X MISCELLANEOUS

66.          Presumption and determination of age.-(1) Whenever a person whether charged with an offence or not, is brought before any criminal Court otherwise than for the purpose of giving evidence, and it appears to the Court that he is a child, the Court shall make an inquiry as to the age of that person and, for that purpose, shall take such evidence as may be forthcoming at the hearing of the case, and shall record a finding thereon, stating his age as nearly as may be.

(2) An order or judgment of the Court shall not be invalidated by any subsequent proof that the age of such person has not been correctly stated by the Court, and the age presumed or declared by the Court. to be the age of the person so brought before it shall, for the purposes of this Act be deemed to be the true age of that person and where it appears to the Court that the person so brought before it is of the age of sixteen years or upwards, the person shall, for the purpose of this Act, be deemed not to be a child.

 

67.          Discharge.-(1) The Government may, at any time, order a child or youthful offender to be discharged from a certified institute or approved home, either absolutely or on such condition as the Government may specify.

(2) The Government may, at any time, discharge a child from the care of any person to whose care he is committed under this Act, either absolutely or on such conditions as the Government may specify.

 

68.          Transfer between institutions.--(1) The Government may order any child or youthful offender to be transferred from one certified institute or approved home to another.

 

(2) The Chief Inspector may order any child to be transferred from one certified institute or approved home to another.

 

69.          Compensation for false information.-(1) If in any case in which information has been laid by any person under the provisions of section 61, the Court after such inquiry as it may deem necessary is of opinion that such informa­tion is false and either frivolous or vexatious, the Court may, for reasons to be recorded in writing, direct that compensation to such an amount not exceeding Taka one hundred as it may determine be paid by such informer to the person against whom the information was laid.

 

(2)        Before making any order for the payment of the compensation, the Court shall call upon the informer to show-cause why he should not pay compen­sation and shall consider any cause which such informer may show.

(3)        The Court may by the order directing payment of the compensation further order that in default of payment the person ordered to pay such compen­sation shall suffer simple imprisonment for a term not exceeding thirty days.

 

(4)        When any person is imprisoned under sub-section (3), the provisions of sections 68 and 69 of the Penal Code (XLV of 1860), shall so far as may be, apply.


(5)        No person who has been directed to pay 'compensation under this section :.hall by reason of such order be exempted from any civil liability in respect of the information, but any amount paid as compensation shall be taken into account in any subsequent civil suit relating to such matter.

70.            Removal of disqualification attaching to conviction.--When a child is found to have committed any offence, the fact that he has been so found shall rut have any effect under section 75 of the Penal Code (XLV of 1860), or section 565 of the Code or operate as a disqualification for any office, employment or election under any law.

71.            Words conviction' and 'sentenced' not to be used in relation to children.--Save as provided in this Act, the words 'conviction' and 'sentenced' shall cease to be used in relation to children or youthful offenders dealt with under this Act, and any reference in any enactment to a person convicted, a conviction or a sentence shall, in the case of a child or youthful offender be construed as a reference to a person found guilty of an offence a finding of guilty or an order made upon such a finding, as the case may be.

72.            Custodian's control over child. Any person to whose care a child k committed under the provisions of this Act shall, while the order is in force, have the like control over the child as if he were his parent, and shall be responsible for his maintenance, and the child shall continue in his care for the period stated by the  Court notwithstanding that he is claimed by his parent or any other person.

73.            Bonds takes under the Act.--The provisions of Chapter XLII of the Code shall, so far as may be, apply to bonds taken under this Act.

74.            Chief Inspector; Probation Officers, etc. to be public servants.--The Chief Inspector, Inspectors, Assistant Inspectors, Probation Officers and other persons authorised or entitled to act under any of the provision of this Act shall be deemed to be public servants within the meaning of section 21 of flip Penal Code (XLV of 1860).

75.            Protection of action taken under the Act. No suit, prosecution or other legal proceedings shall be instituted against any person for anything which is in good faith done or intended to be done under this Act.

76.            Appeals and revisions.-(1) Notwithstanding anything contained in the Code, an appeal from an order remade by a Court under the provision of this Act shall lie‑

(a)     if the order passed by a Juvenile Court or a Magistrate empowered under section 4, to the Court of Session; and

(b)     if, the order is passed by a Court of Session or Court of an Additional Sessions Nudge or of an Assistant Sessions Judge, to the High Court Division.

(2) Nothing in this Act shall affect the powers of the High Court Division to revise; any order passed by a court under this Act.


77. Power to make rules.-(1) The Government may make rules for carrying out the purposes of this Act,


 

(2) In particular, and without prejudice, to the generality of the foregoing power, such rules may provide for-‑

(a)     the procedure to be followed by Juvenile Courts and other Courts empowered under section 4 in the trial of cases and the hearing of proceedings under this Act;

(b)     the places at which, dates on which and the manner in which a Juvenile Court shall hold is sitting under, section 7(1).

 

(e) the conditions subject to which institutions, industrial schools or other educational institutions shall be certified or approved home shall be recognised for the purposes of this Act ;

(d)     the establishment, certification, management, maintenance, records and accounts of certified institutes ;

(e)     the education and training of inmates of certified institutes and the leave of absence of such inmates ;

 

(f)      the appointment of visitors and their tenure of office ;

(g)     the inspection of certified institutes and approved homes ;

 

(h)     the internal management and discipline of certified institutes and approved homes ;

 

(i)       the conditions subject to which institutions shall be recognised as approved places for the purpose of section 14(1) ;

 

(j)       the powers and duties of the Chief Inspector and Probation Officers ;

(k)     the manner of authorising persons for the purposes of section 32 and 55 ;

 

(1) the form of bond under the proviso to section 58 .

 

(m)      the manner in which a child shall be remanded to a place of safety under section 61(1) ;

 

(n)       the manner in which contribution for the maintenance of child may be ordered to be paid under section 62(l.) ;

 

(o)       the condition under which a child may be released on license and the form of such licence under section 64 ;

 

(p)       the conditions subject to which a child may be committed to the care of any person under this Act and the obligations of such person towards the child so committed ; and

 

(q)       the: manner of detention of a child under arrest or remanded to police custody or committed for trial.

78. Repeals etc--(1) The Bengal Children Act, 1922 (Ben. Act II of 1922), is hereby repealed.


(2)             The Reformatory Schools Act, 1897 (VIII of 1897), shall be deemed 4) be repealed in any area in which this Act is brought into force under section 1 (3) from the date of such enforcement.

(3)             The provisions of section 29-B and 399 of the Code shall cease to apply to any urea in which this Act shall be brought into force.

S. M. RAHMAN, Secretary.

GOVERNMENT OIF THE PEOPLE'S REPUBLIC OF BANGLADESH MINISTRY OF HEALTH, POPULATION CONTROL AND LABOUR Labour and Social Welfare Division

Section IV

NOTIFICATION

Dacca, the 11th March, 1976.

No. S.R.Q. 1.03-L/76.-In exercise of the powers conferred by section 77 of the Children Act, 1974 (XXXIX of 1974), the Government is pleased to make the following rules, namely :-‑

 

1. Short title---These rules may be called the Children Rules, 1976.

 

2. Definitions.---In these rules, unless there is anything repugnant in the subject or context,‑

 

(a)     "Act" means the Children Act, 1974 (XXXIX of 1974);

(b)     "Director." means the head of the Department of Social Welfares,

 

(c)     "Form" means Form appended to these rules;

 

(d)     "inmate" means an inmate of a certified institute or approved home;

 

(e)     "Medical Officer" means a medical practitioner empowered by the Government under section 24 to visit any certified institute or approved home;

(f)      "section" means a section of the Act;

 

(g)     "Superintendent" means the Superintendent of a training institute established under sub-section (i) of section 19 and includes the principal "officer-in-charge" of a certified institute or an approved home.

3. Sitting and adjournment of Court.-A Court shall hold its sittings at least 01.c„ in a week or as often as may be necessary for the purpose of expeditions disposal of all cases and proceedings instituted under the Act and may adjourn the hearing of a case or proceeding from time to time as may be necessary.



 

4. Procedure to be followed by Court.---(1) The hearing of all cases and proceeding shall be conducted in as simple a manner as possible without observing any formality grid care shall be taken to ensure that the child against whom the case or proceeding has been instituted feels home-like atmosphere, during the hearing.

(2) The Court shall see that the child brought before it is not kept under the close guard of a police officer but sits or stands by himself or in the company of a relative or friend of a Probation Officer at some convenient place.

 

(3)     When witnesses are produced for examination, the Court shall freely exercise the powers conferred on it by section 165 of the Evidence Act, 1872, so as to bring out any point that may go in favour of the child.

 

(4)     In examining a child and recording his statement, the Court shall be free to address the child in any manner that may seem suitable in order to put the child at ease and to elicit true facts not only in respect of the offence of which the child is accused of but also in respect of the home surroundings and the influence to which the child has been subjected to and the record of the examina­tion shall be in such form as the Court may consider suitable having regard to the contents of the statement and circumstances in which it was made.

 

(5)     Where a child has pleaded guilty or has been found guilty, the Court, instead of making an order upon such finding, may direct the Probation Officer or such other person as may be deemed fit by the Court in Form A for submission of a report which, among other things, shall contain family background of the child, his character and antecedents. his physical and mental conditions and the circumstances under which the offence was committed or any other informa­tion considered important in the interest of the child concerned.

 

(6)     After considering the report submitted under sub-rule (5) and hearing persons referred to in clauses (b), (c) and (d) of section 9, the Court may give such direction or order for the detention or otherwise of the child as it considers fit.

 

(7)     While giving the order, the Court shall fix‑

(a)     the amount of contribution, if any, to be made by the parent or other person liable to maintain the child for his maintenance ; and

(b)     the mode of payment of such contribution.

 

5. Certification or recognition of institute.--No training institute industrial school, educational institution, or approved home shall be certified or recognised, as the case may be, for the purposes of the Act unless the Government is satisfied that‑

(a)     the object of such institute, school, institution or home is the welfare of children;

(b)     there is suitable accommodation for using such institute, school, institu­tion or home as dormitory and for conducting training programmes for the children or youthful offenders ;

(c)     the management of such institute, school, institution or home is efficient and it has adequate fund to conduct the programmes ;

(d)     it has adequate number of trained personnel for running its programmes,


6. Procedure for certification or recognition of institutes, etc.-(1) The managers of a training institute, industrial school, educational institute or approved home may, for the purpose of obtaining certificate or recognition, as the case may be, apply to the Director in Form B.

 

(2) On receipt of an application under sub-rule (1), the Director shall, after getting the institute, school institution or home inspected, forward the application to the Government with his recommendation, whereupon the certificate or, as the case may be, recognition may be granted to such institute, school, institution or home.

 

(3) The certificate or, as the case may be, recognition shall be granted in Form C.

 

7. Committing destitute, neglected or victimized children to the care of a relative

or other fit person.---(1) If the Court is satisfied that a child brought bef,1ic it under sub-section (1) of section 32 should be committed to the care of a relative or other fit person, such relative or fit person, shall be directed in writing to express his willingness to take care of the child on such conditions as may be specified by the Court.

(2) On receipt in writing of the willingness, the Court shall direct the relative, or fit person to execute a bond in Form D.

 

(3) The Court may, if it thinks fit in the interest of the child, withdraw the child from the care of the relative or fit person any time before the expiry of the period for which the child was committed to his care and make an order for committing the child to a certified institute or approved home for the unexpired period.

(4) When a child is committed to the care of a relative or other fit person and the Court deems it expedient to place the child under the supervision of a Proh ti<m Officer, it shall issue an order in that behalf in Form E.

 

8. Observation of the inmate.-(1) After admission into the certified institute or approved home, an inmate shall be kept under observation for at least fourteen days during which period he shall be carefully observed and studied with special reference to his mental disposition, conduct, aptitude and other related matters for formulating an effective treatment plan.

 

 (2) On the basis of the assessment made under sub-rule (1), an inmate shall be assigned one or more trades or vocation or he may be recommended suitable for general education, religious instructions or moral guidance.

 

9. Management of certified institutes.--(1) The Superintendent shall main­tain case file for each inmate separately containing detailed information about the family background, character, aptitude, performance in education, training and such other matters as he may consider necessary.

(2) The governing body of a certified institute shall exercise such powers and shall conduct its business in such manner as the Director may determine and the. decisions of the governing body shall require approval of the Director.

 

10. Committee of Visitors--(1) The Committee of visitors for a training institute shall consist of six members who shall be appointed by the Government


Text Box: 7.	A

 

from amongst the following category of persons, namely :_

 

(a)        reputed social workers;

 

(b)       medical practitioners;

 

(c)        retired police or prison officers.

 

(2)          The members of the committee shall elect one from amongst theta as Chairman of the committee and the Superintendent of the training institute shall act as the Secretary of the Committee.

 

(3)          The tenure of office of the members of the committee shall, unless the committee i3 earlier dissolved by the Director, be three years.

(4)          The committee shall sit at least once in three months for conducting its business.

 

(5)          The Government may remove any member of the committee so appointed.

 

(6)          A casual vacancy caused, by death, resignation or removal shall be filled by appointment by the Government and the person appointed to fill the vacancy shall hold office for the remainder of the term of his predecessor.

(7)          No business shall be transacted at the meeting of the committee unless the Superintendent and two members are present.

11. Functions of the Committee of Visitors.-The committee of visitors shall be responsible for the management of a training institute established under sub-section (1) of section 19 and shall discharge such duties and perform such functions as may be specified in writing by the Director.

 

12. Placing out on licence.--(1) A youthful offender or child may be permitted by licence to live with any trustworthy or respectable person named in the licence on condition that‑

(a)        he shall faithfully obey the instructions of the person to whom he is licenced to live ;

 

(b)       he shall keep himself away from bad associations and abstain from taking intoxicants; and

 

(c) he shall not leave the place of his residence or area without the prior
permission of the person under whose care he has been placed.

 

(2) The licence to be granted for the purpose of this rule shall be in Form F.

13. Maintenance of records. Every certified institute and approved home shall maintain, besides such other records or registers as the Director may specify


 

 

from time to time, the following records and registers, namely:—                            

 

(a)     Admission and Discharge register for the inmates;

(b)     Attendance register for the inmates ;

(c)     Leave register of the inmates;

(d)     Register for the sick inmates;

(e)     Case file for each inmate;

(f)      Punishment register;

(g)     Register showing the personal effects of the inmates;

(h)     Cash book;

(i)       Voucher file;                                                                                  

(j)       Bank accounts book;

(k)     Stock register;

(1) Daily consumption register;

(m) Inspection book;

(n) Visitors book;

(o)       Attendance register for the staff;                                                                             

(p)       Leave register of the staff;

(q)       Notice book for meeting of the committee of visitors or. governing body, as the case may be ;

(r) Proceeding book of the committee of visitors or governing body, as the case may be.

 

14.       Accounts and audit.--(1) An Annual statement of the accounts shall be prepared by each certified institute or approved home after the close of every financial year shall be forwarded to the Director.

 

(2) The accounts of the certified institute or approved home shah be audited every by an auditor, being as chartered account and within-the meaning of the Bangladesh Chartered Accountants Order, 1973, who shall he appointed by the managers of the certified institute or approved home.

 

15.       Medical facilities of the inmates.--(1) An inmate shall, immediately after his detention in certified institute or approved home, be medically examined in such manner and by such physician as may be specified by the Director.       


 

(2)          An inmate suffering from any contagious disease shall be kept in segregation from other inmates and special arrangement shall be made for his treatment by the Superintendent or by the managers of the certified institute or approved home as the case may be.

 

(3)          Arrangement shall also be made for medical check up of the inmates at regular intervals.  

 

16. Children suffering from dangerous disease.-(1) A child suffering front a disease requiring prolonged medical treatment, or a physical or mental com­plaint that is likely to respond to treatment, shall ordinarily be sent to Govern­ment hospitals.

 

(2) Any private clinic or hospital offering specialised treatment not avail-able in Government hospitals and having reasonable security arrangements may also be selected fof the treatment of the child and recognised to be an approved place for the purposes of the Act.


(2)             The Chief Inspector, if he thinks fit in the interest of any child, may

order any inmate to be transferred from one certified institute or approved home to another.

(3)             Subject to such general or special order as may be given by the Director from time to time, the Chief Inspector shall‑

(a)     supervise and exercise general control over the work of the Inspectors, Assistant Inspectors. Superintendents and other officers and staff of the certified institutes or approved homes;

(b)     visit and inspect certified institutes and approved homes at least once in two months;

(c)     perform, such other duties as may be assigned to him by the Director from time to time.


21. Powers and duties of a Probation Officer.-A Probation Officer shall,

17. Diet, clothing, etc. of inmates.-(I) The inmates shall be supplied                                   subject to the provisions of subsection (3) of section 31,--with such scale of diet and clothing as laid down in the Schedule.

(2) Special diets, according to the suggestion of the attending physician,                                   (a) meet the child frequently and make inquiries about his home and school conditions, conduct, mode of life, character, health, environ‑

shall be supplied to the inmates during their illness.                                                                                       ment and explain to the child the conditions of his probation;


(3)             Arrangement for supply of improved diet to the inmates may, with the prior approval of the Director, be made on the occasion of festivals.

(4)             Inmates in the star grade may be allowed such extra food as the Director may decide.

(5) The inmates shall be provided with necessary toilet articles.


(b) attend Court regularly and submit report (c) maintain dairy, case files, and such registers as may be specified by the Director or Court from time to time;

(d) meet the guardian and other relations of the child frequently in the process of correction, reformation and rehabilitation of the child ;


18.          Text Box: 20. Powers and duties of Chief Inspector.--(1) The Chief Inspector shall be responsible for the control and supervision of the certified institutes or approved beatenEducation and training of Inmates.-(1) Arrangement shall be made for providing the inmates with primary standard of education and, in special cases, they may be given facilities to prosecute higher education outside the premises of the certified institute or approved home.

 

(2) There shall be arrangements for such vocational training for the inmates as may be suitable for their economic rehabilitation.

 

19.          Leave of absence of inmates.-The inmates of a certified institute or approved home may be granted leave in such manner and in such scale as may be specified by the Director :

Provided that no inmate shall normally be granted any leave within six months of his admission into the certified institute or approved home except on emergent circumstances, such as, serious illness or death of his very near rela­tions.


(e)        issue warning to the person under whose care the child is placed if such person is found to have committed any breach of the terms of the bond ;

(f)         visit regularly the child placed under his supervision and also place of employment or school attended by such child and to submit regular monthly reports to the Director in Form G;

(g)       encourage the child to make use of any opportunity that might be made available from any social welfare organisation or agency;

(b) advise the child to disassociate himself from a society which in the opinion of the Probation Officer, may spoil the character of the child;

(i)       endeavour to find suitable employment for the child. if such child be out of employment, and strive to improve his conduct and general conditions of living; and

(j)       perform such other functions as may be assigned to him by the Director . or by the Court from time to time.


22. Division of inmates into grades.---(1) The inmates of the certified institute shall be divided into three grades, namely:--‑

 

(a)        the penal, grade;

(b)       the general grade; and

(c)        the star grade.

The privileges of each grade in the above order shall be higher than those of the immediately preceding grade.

 

(2) All the inmates after admission into a certified institute or approved home shall be placed in the general grade.

(3)          Promotion to the star grade shall be regulated by close personal obser­vation of the inmates, attention being specially paid to their general behaviour, amenability to discipline and performance in general education, vocational train­ing'-tend other activities organized for them from time to time.

(4)          When the Superintendent on the basis of close observation as mentioned above is satisfied that an inmate in the general grade way be safely placed in a position of 'special trust, he may be promoted to the star grade with the previous approval of the Chief Inspector. Such inmate shall wear a distinctive dress and may act as monitor in different capacities, and may be placed in authority over other inmates in parade, in the workshop, in recreation and in other situations where. he can assist the administration in various ways.

(5) An inmate in the general grade, subject to good behaviour, shall be allowed to write and receive one letter and to have two interviews with his parents or guardians in a month.

(6) An inmate in the star grade shall be allowed to write and receive two letters and to have an interview with his parents or guardians once in every ten days. He can by exemplary conduct earn badge money of Tk. 10.00 (Taka ten) only per month.

(7) The badge money awarded to the inmates in the star grade may be spent by them in such manner as may be approved by the Superintendent.

 

(8)        Where an inmate is believed to be exercising a bad influence, he shall be placed by the Superintendent in the penal grade for such period as the Superintendent considers necessary in the interest of the inmate himself and of other inmates. An inmate in the penal grade shall be employed in hard and labourious work and he shall forfeit all privileges. The Superintendent shall record in the punishment register the particulars of the case of every inmate ordered by him to be placed in the penal grade, with the reasons for such order and stating the period during which the inmate is to remain so placed

Provided that no inmate shall be placed in the penal grade for a period exceeding three months without the previous sanction of the Director.

(9)        If an inmate is in the opinion of the Superintendent guilty of any act or omission referred to in rule 22, the Superintendent may place him, for such period as he may deem necessary in the penal grade ; but if he had previously been in the star grade such inmate may be placed either in the general grade or in the penal grade.

(10)     Inmates in the penal grade shall be kept separate at night from those in the other grades.

 

11) Inmates over the age of 14 years of age shall be kept separate at night from those of and below 14 years of age.

 

23. Forbidden acts. --The inmate of a certified institute or approved home committing any of these acts shall render himself liable to punishment, namely:‑

 

(i)    omitting to do or refusing to learn, any work or to do it improperly or neglecting the      lessons or refusing to avail of the facilities for education and training ;

 

(ii)          doing and omitting to do anything with intent to cause to himself or to others any illness injury or disability ;

 

(iii)         causing or omitting to assist in suppressing insubordination, disorderly conduct, violence or rioting of any kind ;

 

(iv) taking part in any attack upon any inmate or officer

 

(v)          omitting or refusing to help any officer in preventing attempted escape or attack upon an officer or another inmate ;

 

(vi)        omitting to report any plot to escape or of conspiracy against the authorities ;

 

(vii) refusing to submit to counting by officers whenever required ;

 

(viii)        instigating others to break the rules or regulations ;

 

(ix)            disobeying any lawful order of the officer or omitting or refusing to per-form duties in the manner directed ;

 

(x) indecent behaviour and using objectionable or filthy language towards anybody or doing or saying anything which may be calculated to wound or offend the feelings of a fellow inmate

 

(xi) doing any act calculated to create unnecessary alarm in the minds of other inmates or officers ;

 

(xii)          refusing to submit to medical examination or vaccination or inoculation, or to take any other medical treatment, whenever required ;

 

(xiii)         throwing away food or refusing to eat food prepared according to the prescribed diet scale or appropriating any food not assigned to him or disobeying any order as to the issue or distribution of food and drink or mixing any undesirable foreign matter to food while being cooked or distributed ;

 

(xiv) omitting or refusing to wear the clothing given to him or losing, dis­carding, damaging or altering any part of it;


 

 

 

(xv)

removing or defacing any distinctive number, mark or badge attached

(3) An inmate shall not be placed in separate confinement unless the medical

 

to or required to be worn on the clothing issued ;

officer has certified that lie is in a fit state of health to undergo such punishment.

(xvi)

omitting or refusing to keep himself clean or disobeying any order

(4) Caning shall be on the palm of the hand or on the buttocks. The

 

regulating the cutting of hair or nails or the washing of clothings ;

medical officer shall be present at the time when an inmate is caned. The

(xvii)

omitting or refusing to keep clean and properly arranged his clothing

                     

number of stripes shall very according to the age and nature of offence of the

inmate.  The medical officer may stop the caning on medical grounds.

 

blanked, beddings and other articles issued to him;

 

(xviii)

tempering with any property of the certified institute or approved home;

25.      Working hours.-All inmates, provided they are medically fit, shall be

 

 

required to work for eight hours every working day.  The days, work shall

(xix)

committing nuisance or soiling any part of the certified institute or

ordinarily be divided as follows.‑

 

approved home or spitting anywhere except in the places provided for

Drill and physical exercise                                    1 hour.

physical

 

the purposes ;

 

(xx)

 willfully befouling the walls latrines, washing and bathing places and

Literary instructions                                                                                                                      3 hours.

 

the buildings and the compound ;

Manual work (including agriculture)                                                                                                          4 hours.

(xxi)

washing water or other articles of use ;

 

 

 

(Besides, they will remain engaged in recreational activities for one hour

(xxii)

quarrelling with or assaulting any other inmate ;

daily)

(xxiii)

showing disrespect towards any officer or visitor or assaulting or

Provided that in the case of an inmate who is a candidate for the Secondary

 

attempting to assault any of them ;

School Certificate Examination, the periods of literary instructions and manual

(xxiv)

stealing of any article ;

work for eight months immediately preceding the examination shall be 5 hours

 

 

and 2 hours respectively.

(xxv)

making groundless or frivolous complaints.

 

(xxvi)

answering untruthfully any question put by an officer or a visitor ;

 

(xxvii)

communicating (written or otherwise) with an outsider or with an

 

 

inmate of another certified institute or approved home without per‑

 

 

mission of the Superintendent ;

 

(xxviii)

talking unnecessarily loudly when at work or at latrine or when bathing,

 

 

feeding and counting parades; and

 

(xxix)

talking or singing at night after 9 P. M.

 

24.

Punishments.--(1)         An inmate committing any of the acts specified in

 

Rule 23 shall be liable to any or combination of these punishments, namely :-‑

 

(a)

formal warning ;

 

(b)

deprivation of any of the privileges of the grade ;

 

(c)

reduction in grade;

 

(d)

separate confinement ;

 

(e)

caning not exceeding ten stripes.

 

(2)

No punishment shall be awarded to any inmate by any officer except

 

The Superintendent of the certified institute or approved home, or in his absence,

 

The officer appointed to act for him.

 

Text Box: To

FORM A

[See' rule 4(5)]

Order requiring a Probation Officer to make enquiries.

PROBATION OFFICER, Whereas

 

(1)          a report/complaint under section .. of the Children

Act, 1974, has been received from ............... in respect

of ....................................... son of/daughter of .................................
(Name of the child)

.. .. residing at .................

....            ..     ....      ....       ....

of,

(2)          ............................................. son of/daughter of...............................

(Name of the child)

............................. residing at .

has been produced before the Court under sub-section (1) of section 32 of the Children Act. 1974

Now, therefore, you are hereby directed to inquire into the character and social antecedents of the said child and submit your report of social enquiries on or before or within such further time as may be allowed to
you by the Court.

Date this ........................................... day of ............................................................ 19 ..............

SEAL .....................................................................

Signature

Juvenile Coact

 


 

FORM B

 

[See rule 6(l)]

Application form for certification/recognition of an institute To

THE DIRECTOR, Department of Social Welfare,

Government of the People's Republic of Bangladesh.

 

Sir,

We. the undersigned, on behalf of .. . beg to request you kindly to certify/recognise our institute/school/institution/home for the reception of children and/or youthful offenders.

The detail information in respect of our institute/school/institution/home are as under:-‑

1. Name.

2. Date of establishment :

3. Address :

4. Accommodation (please specify types of accommodation and size in square feet)

(a)       Dormitory

(b)       School section

(c)       Training section

(d)       Administration section

5. Capacity (please state number of inmates. who can be accommodated) :

 

6. Number of personnel

(a)       Designation :

(b)       Qualification :

(c)       Pay :

 

7. Members of the governing body (please state name, designation, address and experience of the members) ;

A., Sources of income :

9. Training programmes (please specify the number of trades and the standard of the training) :

 

10, other facilities (recreation, etc)


We do hereby affirm that we shall abide by the provisions of the Children Act, 1974, and the rules made thereunder and also such other directions as the Government may give in respect of management and control of the certified institute and approved homes.

A copy of the constitution of our institute/school/institution/home is appended herewith for favour of kind consideration.

Yours obediently, Chairman.

Secretary.

For and on behalf of the Governing body.

FORM C
[See rule 6(3)]

 

Certificate

This is to certify that ............................................................................................................

of ....................................................................................................................................................

.................... in the district of ......................... is certified

recognised as a fit institution/home for the reception of ......................................................
children and/or youthful offenders under the Children Act, 1974.

Even under my hand and seal this

day of ................................... Nineteen hundred and

Secretary,

Ministry of Labour and Social Welfare, Government of the People's Republic of Bangladesh.




FORM D [See rule 7 (2) ]

Bond to be executed by relation or fit person.

Wereas .............................................................. son of ...                          .                           

of .............................................................. P.S...................................... District...........................

leas been ordered to be placed /committed in or to my care by the Court for a period of                 under rule               of the Children
Act, 1974, on the condition of my entering into a bond with/without sureties, I hereby bind myself as follows :-‑

(1)        that I shall maintain him in a wholesome atmosphere according to his own religious belief ;

(2)        that I shall make every endeavour to keep him away from bad associations and make him law-abiding and productive citizen ;

 

(3)        that I shall provide him with facilities for his gainful occupations and development of potentialities ;

(4)        that I shall produce him before the Court in case of his willful violation of law or breach of peace for taking such appropriate actions against him as the Court may deem fit.

In case of my making default in any of the above conditions, I hereby bind myself to forfeit to the Government a sum of Taka

Date this day of ...................................... 19...................

Signature ......................................

  Frill address ..           . . Sureties

 

(Where bond with sureties is to be executed)

 

I/ We ...                ...................................................... do hereby declare myself/ourselves

as surety/sureties for the above named ............................................... son of .........................

     ... of.................................... P.S............................... District.........................
and undertake :

 

(a) that he will maintain the child in a wholesome atmosphere and observe the conditions as laid down by the Court in this respect.


FROM E

[See rule 7(4)] Supervision order

 

Case No ......................................................... of ...................................... 19 ..                 .. to be neglected

Whereas ........................................................................................... has this day been found

to have committed

child                              ----under section of the Children Act, 1974, and has been
an offence.

placed under the care of                                                       address              
(name)

....................................................... on executing a bond by the said ...........................................

And whereas the Court is satisfied that it is expedient to deal with the said child by making an order placing him under supervision ;

 

Now, therefore, it is hereby ordered that the said child be placed under the supervision of    a Probation Officr for period

of ............................................ subject to the following conditions, namely

(1)     that the child along with copies of the order and the bond executed by the said           will be produced before the Probation Officer named therein ;

(2)     that the child will be submitted to the supervision of the Probation Officer ;

(3)     that the child will reside at ................................. for a period of.................................

(4)     that the child will not be allowed to quit the Jurisdiction of ....................................

..................... without the written permission of the Probation Officer

(S) that the child will not be allowed to associate with bad character ;

(6)     that the child will live honestly and peacefully ;

(7)     that the person under whose care the child is placed will arrange for the proper care, education and welfare of the child

(8)     that preventive measures will be taken by the person under whose care the child is placed to see that the child does not commit any offence punishable by law in force in Bangladesh ;

(9)     that the child will be prevented from taking intoxicants ;

'x(10)                                                                                                                 
"(11)

**(12) that the directions given by the Probation Officer from time to time, for the due observance of the conditions mentioned above will be carried out.


Text Box: Dated	day of 	19	Juvenile Court.In ease of his making default therein I/We bind myself/ourselves jointly/ severally to pay to the Government a sum of Taka      on demand by the Court.

Signature .................................................. *Additional conditions, if any, may be inserted by the Court

Dated this day of ..................................... 19....                    Full address............................................ **To be renumbered, if necessary.


 

 

 

 

 

FORM G

FORM F

[See rule 21(f)]

[See rule 12(2)]

Monthly Report of Progress

Form of License

PART I

 

Name of the Probation officer

We, the Managers of the Certified Institute/Approved Home, with the consent

Name of the month

in writing of the thief Inspector, do by this licence permit ......................................

Register No.

detained/ committed at/to ................................

under section................................................ of the Children Act, 1974, for a period of ..................................................................

Name of the Juvenile Court

.. years/months with effect from............................................................................................................. to,

Case No.

be discharged from the said institute/home on condition that he be placed under

Name of the child

the care, supervisioe and guidance of ................................................... during the remaining portion of

Date of supervision order

the aforesaid detention/commitment.

 

 

Address of the child

This licence is granted subject to the conditions endorsed hereon, upon the

Period    of supervision

breach of any of which it will be liable to be revoked or forfeited.

 

 

PART U

 

Places of interview

For and on behalf of the Managers.

 

CONDITIONS

.        .............       .

 

1.       Where the child is residing

(1) That I shall faithfully obey the instructions of the person to whom

2.       Progress made, if any, in educational/

I have been licenced ;

training course.

 

3.       What work he is doing and his

(2) that I shall keep myself away from bad associations and abstain from

r

monthly average earning, if

taking intoxicants ;

employed.

(3) that I shall abstain from any violation of the law and shall lead a

4.       Savings kept in the Post Office Saving

Bank Account in his name.

sober and industrious life ; and

 

 

5.     Health of the child

(4) that I shall not leave the place of my residence or area without the

G.     Remarks on his general conduct and

prior permission of the person under whose care I have been licenced.

progress.

 

7.     Whether properly cared for

I do hereby solemnly affirm that I have                        clearly       understood                                                                                          the            above

PART III

conditions which have been explained to me in simple language.

8.       Any proceeding before the Court for‑

 

(a) variation of condition of bond                                                                                                               r

 

(b) change of residence

 

(c) other matters

 

9 Period of supervision completed on

Signature of Inmate/Certified

10.       Result of supervision with remarks

Institute/Approved Home.

(if any).

 

11.       Name and address of the parent or

 

guardian or fit person under whose

 

care the child is to live after the

 

supervision period is over Date of Report.

 

Signature of the Probation Officer.

 


40

 

41

 

 

SCHEDULE

 

Penal Grade:

 

`

 

 

Nome of articles.

Number

Period.

For Children aged 12 and below

 

Banyans

1 pair,

One year.

Early morning meal                                 Chira       or ~-muri

1 ch,

Woollen jersey/Court (during winter)

One

Two years.

our          ...

} ch.

L.ungi

1 pair

One year.

Mid-day and evahing                            Rica or Atta

6 ch.

Durri

1 pair

One year.

Meat or Fish

1 ch.

Blanket    (ordinary)

1 pair

One year.

Dal

ii oh

Mosquito net

One

Two years.

Potato and green

4 ch,

Pillow with cover

1 pair

One year.

vegetables

 

General Grade :

 

 

 

4

 

 

 

Mustard oil

---ch.

Khaki Cap

1 pair

One year.

 

15

Khaki    jacket

1 pair

One year.

Salt

as may be necesary.

Khaki shorts or trouser

1 pair

One year,

Condiment

} ch,

Khaki half pant (for those who have no shorts)

1 pair

One year.

Tamarind. Lemon,

not exceeding

Gamcha

1 pair

One year.

etc.

2J pieces,

Underwears

1 pair

One year.

Wood fuel

as may be necessary.

Banyans

1 pair

One year.

For Children above 12 years

 

Woollen iersey/Coat (during winter)

One

Two years.

Early morning meal                          ..       Chira or muri

1 ch,

Lung!

1 pair

One year,

Our

} ch.

Coir Mat/Matress

One

Three years.

Mid-day and evening meal           ..        Rice or Atta ..

8 ch.

Pillow

One

One           year.

Fish or Meat

1+ ch.

Pillow cover

1 pair

One year.

Potato and green

4 eh.

Bed sheet

1 pair

One year.

vegetable

 

Blanket

1 pair

Three years.

Dal

21 ch.

Mosquito net

One

Two years.

 

5

P.T. Shose (Canvas)

2 pairs

One year.

Mustard oil

--------- ch.

Sol--ks                                               -

2 pairs

One year.

 

15

Shoe polish

4 packets

One year.

Salt

as maybe necessary.

Chappals

2 pairs

One year.

Condiment

ch.

 

 

 

Ante-scorbuties

ch.

`star Gracie

 

 

Brood fuel

as may be necessary

White cap

1 pair

One year.

 

 

White Jacket with brass star on the left breast

1 pair

One year.

Scala of clothing

 

Khaki short or trousers

1 pair

One year.

Penal Grade :

 

Khaki half pant (for those who have no shorts)

1 pair

One year.

Name of articles.                                                                                         Number

Period.

Towel                                                                     ..

1 pair

One year.

Khaki Jacket                                                                      1 pair

One year.

Underwear                                                     ..

1 pair

One year.

Khaki shorts or trousers                                                 1 pair

One year.

Banyans (Ganji)

1 pair

One year.

Khaki half pant (for those who have no shorts) 1 pair

One year.

Panjabi

1      pair

T\,,,,o years,

Gamcha                                                                              1 pair

One year.

Pajama

1      pair

Two years.

Underwear                                                                         1 pair

One year,

Woollen Jersey or Coat (during winter)

l      pair

Two years.

 

 

Lungi                                              ..                     • .

1 pair

One year.

 

 

6

 

 

 


 Star Grade ;

,Name of Artieles.

Number,

Period.

Handkerchief                      ..

..                                ..           1   pair

One year.

Coir mat/matr'ess ,            ..

..                                                One

Three years.

Pillow                                  ..

..                                                One

One              year.

Pillow cover                        ..

1 pair

One               year.

Bed sheet

..                                             1 pair

One               year.

Bed Cover

One

One              year.

Blanket                                ..

One

Three years.

Quilt     with cover

one

Three years.

Mosquito net

..                                                One

Two years.

Shoes

1                                                 hair

One year.

P.T. Shoes (canvas)

2 pairs

One year.

Socks, woollen

1 pair

One year.

Socks, nylon

2 pairs.

One year.

Boot polish

3 this

One year.

Shoe polish (canvas)

4 packets

One year,

Chappals

..                                              2 pairs

One year.

 

By order

of the President

 

S. Iq. CHOWDHURY

 

Deputy Secretary.

MINISTRY OF LAW AND PARLIAMENTARY

AFFAIRS

 

(Justice Branch)

 

 

Section IV

 

 

CORRIGENDUM

 

Dacca, the 17th March 1976.

 

No. 191-IIV/Con-4/75.-In

the Ministry of Law and Parliamentary Affairs

notification no. 128•.IIV/Con-4/75, dated the 25th February

1976,         published

in Bangladesh Gazette,

Extraordinary, dated February 26,

1976,     (page 906)

in entry (1) in the second

column against entry 3 in the first

column, for "BA‑

8921" read "BA-6921"

 

 

S. M. HOSSAIN Deputy Secretary.

BGP--87/88--2305 11-7,000 Rks.