Chapter V – Miscellaneous
Section 46 – Attendance of parent or guardian of juvenile or child
Any competent authority before which a juvenile or the child is brought under any of the provisions of this Act, may, whenever it so thinks fit, require any parent or guardian having the actual c charge of or control over the juvenile or the child to be present at any proceeding in respect of the juvenile or the child.
Section 47 – Dispensing with attendance of juvenile or child
If, at any stage during the course of an inquiry, a competent authority is satisfied that the attendance of the juvenile or the child is not essential for the purpose of inquiry, the competent authority may dispense with his attendance and proceed with the inquiry in the absence of the juvenile or the child.
Section 48 – Committal to approved place or juvenile or child suffering from dangerous diseases and his future disposal
- When a juvenile or the child who has been brought before a competent authority under this Act, is found to be suffering from a disease requiring prolonged medical treatment or physical or mental complaint that will respond to treatment, the competent authority may send the juvenile or the child to any place recognised to be an approved place in accordance with the rules made under this Act or such period as it may think necessary for the required treatment.
- Where a juvenile or the child is found to be suffering from leprosy, sexually transmitted disease, Hepatitis B, open cases of Tuberculosis and such other diseases or is of unsound mind, he shall be dealt with separately through various specialised re referral services or under the relevant laws as such.
Section 49 – Presumption and determination of age
- Where it appears to a competent authority that person brought before it under any of the provisions of this Act (otherwise than for the purpose of giving evidence) is a juvenile or the child, the competent authority shall make due inquiry so as to the age of that person and for that purpose shall take such evidence as may be necessary (but not an affidavit) and shall record a finding whether the person is a juvenile or the child or not, stating his age as nearly as may be.
- No order of a competent authority shall be deemed to have become invalid merely by any subsequent proof that the person in respect of whom the order has been made is not a juvenile or the child, and the age recorded by the competent authority to be the age of person so brought before it, shall for the purpose of this Act, be deemed to be the true age of that person.
Section 50 – Sending a juvenile or child outside jurisdiction
In the case of a juvenile or the child, whose ordinary place of residence lies outside the jurisdiction of the competent authority before which he is brought, the competent authority may, if satisfied after due inquiry that it is expedient so to do, send the juvenile or the child back to a relative or other person who is fit and willing to receive him at his ordinary place of residence and exercise proper care and control jurisdiction of the competent authority-; and the competent authority exercising jurisdiction over the place to which the juvenile or the child is sent shall in respect of any matter arising subsequently have the s over him, notwithstanding that such place of residence is outside the me powers in relation to the juvenile or the child as if the original order had been passed by itself.
Section 51 – Reports to be treated as confidential
The report of the probation officer or social worker considered by the competent authority shall be treated as confidential:
Provided that the competent authority may, if it so thinks fit, communicate the substance thereof to the juvenile or the child or his parent or guardian and may give such juvenile or the child, parent or guardian an opportunity of producing such evidence as may be relevant to the matter stated in the report.
Section 52 – Appeals
- Subject to the provisions of this section, any person aggrieved by an order made by a competent authority under this Act may, within thirty days from the date of such order, prefer an appeal to the Court of Session;
Provided that the Court of Session may entertain the appeal after the expiry of the said period of thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
- No appeal shall lie from-
- any order of acquittal made by the Board in respect of a juvenile alleged to have committed an offence; or
- any order made by a Committee in respect of a finding that a person is not a neglected juvenile.
- No second appeal shall lie from any order of the Court of Session passed in appeal under this section.
Section 53 – Revision
The High Court may, at any time, either of its own motion or on an application received in this behalf, call for the record of any proceeding in which any competent authority or Court of Session has passed an order for the purpose of satisfying itself as to the legality or propriety of any such order and may pass such order in relation thereto as it thinks fit:
Provided that the High Court shall not pass an order under this section prejudicial to any person without giving him a reasonable opportunity of being heard.
Section 54 – Procedure in inquiries, appeals and revision proceedings
- Save as otherwise expressly provided by this Act, a competent authority while holding any inquiry under any of the provisions of this Act, shall follow such procedure as may be prescribed and subject thereto, shall follow, as far as may be, the procedure laid down in the Code of Criminal Procedure, 1973 (2 of 1974) for trials in summons cases.
- Save as otherwise expressly provided by or under this Act, the procedure to be followed in hearing appeals or revision proceedings under this Act shall be, as far as practicable, in accordance with the provisions of the Code of Criminal Procedure, 19 3 (2 of 1974).
Section 55 – Power to amend orders
- Without prejudice to the provisions for appeal and revision under this Act, any competent authority may, on an application received in this behalf, amend any order as to the institution to which a juvenile or the child is to be sent or as to the person under whose care or supervision a juvenile or the child is to be placed under this Act;
Provided that there shall be at least two members and the parties or its defence present during the course of hearing for passing an amendment in relation to any of its order.
- Clerical mistakes in orders passed by a competent authority or errors arising therein from any accidental slip or omission may, at any time, be corrected by the competent authority either on its own motion or on an application received in this behalf
Section 56 – Power of competent authority to discharge and transfer juvenile or child
The competent authority or the local authority may, notwithstanding anything contained in this Act, at any time, order a child in need of care and protection or a juvenile in c conflict with law to be discharged or transferred from one children’s home or special home to another, as the case may be, keeping in view the best interest of the child or the juvenile, and his natural place of stay, either absolutely or on such condition as it may think fit to impose:
Provided that the total period of stay of the juvenile or the child in a children’s home or a special home or a fit institution or under a fit person shall not be increased by such transfer.
Section 57 – Transfer between children’s homes, under the Act, and juvenile homes, of like nature in different parts of India
The State Government or the local authority may direct any child or the juvenile to be transferred from any children’s home or special h me outside the State to any other children’s home, special home or institution of a like nature with the prior intimation to the local Committee or the Board, as the case may be, and such order shall be deemed to be operative for the competent authority of the area to which the child or the juvenile is sent.
Section 58 – Transfer of juvenile or child of unsound mind or suffering from leprosy or addicted to drugs
Where it appears to the competent authority that any juvenile or the child kept in a special home or a children’s home or shelter home or in an institution n pursuance of this Act, is suffering from leprosy or is of unsound mind or is addicted to any narcotic drug or psychotropic substance, the competent authority may order his removal to a leper asylum or mental hospital or treatment centre for drug addict or to a place of safety for being kept there for such period not exceeding the period for which he is required to be kept under the order of the competent authority or for such further period as may be certified by the medical officer necessary for the roper treatment of the juvenile or the child.
Section 59 – Release and absence of juvenile or child on placement
- When a juvenile or the child is kept in a children’s home or special home and on a report of a probation officer or social worker or of Government or a voluntary organisation, as the case may be, the competent authority may consider, the release of such juvenile or the child permitting him to live with his parent or guardian or under the supervision of any authorised person named in the order, willing to receive and take charge of the juvenile or the child to educate and train him for some useful trade or calling or to look after him for rehabilitation.
- The competent authority may also permit leave of absence to any juvenile or the child, to allow him, on special occasions like examination, marriage of relatives, death of kith and kin or the accident or serious illness of parent or any emergency of like nature, to go on leave under supervision, for maximum seven days, excluding the time taken in journey.
- Where permission has been revoked or forfeited and the juvenile or the child refuses or fails to return to the home concerned or juvenile to which he was directed so to return, the Board may, if necessary, cause him to be taken charge of and to be taken back to the concerned home.
- The time during which a juvenile or the child is absent from a concerned home in pursuance of such permission granted under this section shall be deemed to be part of the time for which he is liable to be kept in the special home;
Provided that when a juvenile has failed to return to the special home on the permission 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 liable to be kept in the institution.
Section 60 – Contribution by parents
- The competent authority which makes an order for sending a juvenile or the child to a children’s home or to a special home or placing the juvenile under the care of a fit person or fit institution may make an order requiring the parent or other person liable to maintain the juvenile or the child to contribute to his maintenance, if able to do so, in the prescribed manner according to income.
- The competent authority may direct, if necessary, the payment to be made to poor parent or guardian by the Superintendent or the Project Manager of the home to pay such expenses for the journey of the inmate or parent or guardian or both, from the home to his ordinary place of residence at the time of sending the juvenile as may be prescribed.
Section 61 – Fund
- The State Government or local authority may create a Fund under such name as it thinks fit for the welfare and rehabilitation of the juvenile or the child dealt with under this Act.
- There shall be credited to the Fund such voluntary donations, contributions or subscriptions as may be made by any individual or organisation.
- The Fund created under sub-section (1) shall be administered by the State advisory board in such manner and for such purposes as may be prescribed.
Section 62 – Central, State, district and city advisory boards
- The Central Government or a State Government may constitute a Central or a State advisory board, as the case may be, to advise that Government on matter relating to the establishment and maintenance of the homes, mobilisation of resources, provision of facilities for education, training and rehabilitation of child in need of care and protection and juvenile in conflict with law and co-ordination among the various official and non-official agencies concerned.
- The Central or State advisory board shall consist of such persons as the Central Government or the State Government, as the case may be, may think fit and shall include eminent social workers, representatives of voluntary organisation in the field of child welfare corporate sector, academicians, medical professionals and the concerned Department of the State Government.
- The district or city level inspection committee constituted under section 35 of this Act shall also function as the district or city advisory boards.
Section 63 – Special juvenile police unit
- In order to enable the police officers who frequently or exclusively deal with juveniles or are primarily engaged in the prevention of juvenile crime or handling of more effectively, they shall be specially instructed and trained. the juveniles or children under this Act to perform their functions
- In every police station at least one officer with aptitude and appropriate training and orientation may be designated as the ‘juvenile or the child welfare officer’ who will handle the juvenile or the child in co-ordination with the police.
- Special juvenile police unit, of which all police officers designated as above, to handle juveniles or children will be members, may be created in every district and city to co-ordinate and to upgrade the police treatment of the juveniles and the chi children.
Section 64 – Juvenile in conflict with law undergoing sentence at commencement of this Act
In any area in which this Act is brought into force, the State Government or the local authority may direct that a juvenile in conflict with law who is undergoing any sent sentence of imprisonment at the commencement of this Act, shall, in lieu of undergoing such sentence, be sent to a special home or be kept in fit institution in such manner as the State Government or the local authority thinks fit for the remainder of the per period of the sentence; and the provisions of this Act shall apply to the juvenile as if he had been ordered by the Board to be sent to such special home or institution or, as the case may be, ordered to be kept under protective care under sub-section (2) of section 16 of this Act.
Section 65 – Procedure in respect of bonds
Provisions of Chapter XXXIII of the Code of Criminal Procedure, 1973 (2 of 1974) shall, as far as may be, apply to bonds taken under this Act.
Section 66 – Delegation of powers
The State Government may, by the general order, direct that any power exercisable by it under this Act shall, in such circumstances and under such conditions, if any, as may be prescribed in the order, be exercisable also by an officer subordinate to that Government or the local authority.
Section 67 – Protection of action taken in good faith
No suit or legal proceedings shall lie against the State Government or voluntary organisation running the home or any officer and the staff appointed in pursuance of this Act in respect of anything which is i good faith done or intended to be done in pursuance of this Act or of any rules or order made thereunder.
Section 68 – Power to make rules
- The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
- In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely —
- the term of office of the members of the Board and the manner in which such member may resign under sub-section (4) of section 4;
- the time of the meetings of the Board and the rules of procedure in regard to the transaction of business at its meeting under sub-section (1) of section 5;
- the management of observation homes including the standards and various types of services to be provided by them and the circumstances in which and the manner in which, the certification of the observation home may be granted or withdrawn and such other matters as are referred to in section 8;
- the management of special homes including the standards and various types of services to be provided by them and the circumstances in which and the manner in which, the certification of the special home may be granted or withdrawn and such other matters as are referred to in section 9;
- persons to whom any juvenile in conflict with law may be produced before the Board and the manner of sending such juvenile, to an observation home under sub-section (2) of section 10;
- matters relating to removal of disqualification attaching to conviction of a juvenile under section 19;
- the qualifications of the Chairperson and members, and the tenure for which they may be appointed under sub-section (3) of section 29;
- the time of the meetings of the Committee and the rules of procedure in regard to the transaction of business at its meeting under sub-section (1) of section 30;
- the manner of making the report to the police and to the Committee and the manner of sending and entrusting the child to children’s home pending the inquiry under sub-section (2) of section 32;
- the management of children’s homes including the standards and nature of services to be provided by them, and the manner in which certification of a children’s home or recognition to a voluntary organisation may be granted or withdrawn under sub-sect on (2) of section 34;
- appointment of inspection committees for children’s homes, their tenure and purposes for which inspection committees may be appointed and such other matters as are referred to in section 35;
- facilities to be provided by the shelter homes under sub-section (3) of section 37;
- for carrying out the scheme of foster care programme of children under sub-section (3) of section 42;
- for carrying out various schemes of sponsorship of children under sub-section (2) of section 43;
- matters relating to after-care organisation under section 44;
- for ensuring effective linkages between various agencies for facilitating rehabilitation and social integration of the child under section 45;
- the purposes and the manner in which the Fund shall be administered under sub-section (3) of section 61;
- any other matter which is required to be, or may be, prescribed.
- Every rule made by a State Government under this Act shall be laid, as soon as may be after it is made, before the Legislature of that State.
Section 69 – Repeal and savings
- The Juvenile Justice Act, 1986 (53 of 1986) is hereby repealed.
- Notwithstanding such repeal, anything done or any action taken under the said Act shall be deemed to have been done or taken under the corresponding provisions of this Act.
Section 70 – Power to remove difficulties
- If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, not inconsistent with the provisions of this Act, remove the difficulty;
Provided that no such order shall be made after the expiry of the period of two years from the commencement of this Act.
- However, order made under the section shall be laid, as soon as may be after it is made, before each House of Parliament.