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07/12/2024
The Children Act, 1974

The Children Act, 1974

( ACT NO. XXXIX OF 1974 )

এই আইনটি শিশু আইন, ২০১৩ (২০১৩ সনের ২৪ নং আইন) দ্বারা রহিত করা হইয়াছে ।

Short title and commencement
1. (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.
Definitions
2. In this Act, unless there is anything repugnant in the subject or context,-
 
 
 
 
(a) “adult” means a 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 bringing 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 proceedings 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;
 
 
 
 
(i) “Juvenile Court” means a Court established under section 3;
 
 
 
 
(j) “place of safety” includes a remand home, or any other suitable place or institution, the occupier or manger 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;
 
 
 
 
(l) “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.
 
 

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Ministry of Law, Justice and Parliamentary Affairs