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The Children Act, 1974

( ACT NO. XXXIX OF 1974 )

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

Juvenile Courts
3. 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.
Courts empowered to exercise powers of Juvenile Court
4. 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.
Powers of Juvenile Courts, etc.
5. (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 charged 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 laid down in this Act.
No joint trial of child and adult
6. (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 in 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.
Sittings, etc. of Juvenile Courts
7. (1) A Juvenile Court shall hold its sittings at such places, 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 sittings of the Court are held.
Adult to be committed to sessions in a case to be committed to sessions
8. (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.
Presence of persons in Juvenile Courts
9. 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.
Withdrawal of persons from Courts
10. 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.
Dispensing with attendance of child
11. If at any stage during the hearing of a 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 case or of the proceeding in the absence of the child.
Withdrawal of persons from Court when child is examined as witness
12. 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 withdraw and thereupon such persons shall withdraw.
Attendance at Court of parent of a child charged with offence, etc.
13. (1) Where a child brought before a Court under 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 be the parent or guardian having the actual charge of, or control over, the 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 proceedings, removed from the custody or charge of his parent by an order of a Court.
 
 
 
 
(5) Nothing in this section shall be deemed to require 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.
Committal to approved place of child suffering from dangerous disease
14. (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 rules made under 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 infectious 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.
Factors to be taken into consideration in passing orders by Courts
15. 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.
Reports of Probation Officers and other reports to be treated confidential
16. 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.
Prohibition on publication of report disclosing identity, etc., of child involved in cases
17. 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.
Provisions of Criminal Procedure Code, 1898, to apply unless excluded
18. 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.
 
 

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