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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 ।

Bail of child arrested
48. 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.
Custody of child not enlarged on bail
49. (1) Where a person apparently under the age of sixteen years having been arrested is not released under section 48, the officer-in-charge of the police-station shall cause him to be detained in a remand home or a place of safety until he 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.
Submission of information to Probation Officer by police after arrest
50. 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.
Restrictions on punishment of child
51. (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 he 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 in 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.
Commitment of child to certified institute
52. 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 shall 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.
Power to discharge youthful offenders or to commit him to suitable custody
53. (1) 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 be-
 
 
 
 
(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 good behaviour of the youthful offender for any period not exceeding three years, and the Court may also order that the youthful offender be placed under 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.
Power to order parent to pay fine, etc.
54. (1) Where a 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.

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Ministry of Law, Justice and Parliamentary Affairs