 bill he 103 of 1986 th~ juvenile justice btll, 1988 arrangement of clauses chapter i preliminary clausfs1 short title, extent and commencement 2 definitions 3 continuation of inquiry in respect of juvenile who has ceased to be a juvenile  chapter ii competent a ui'hoiuti'es and institutrons for jtjv£niles4 juvenile welfare boards 5 juvenile courts {i procedure, etc, in relation to boards and juvenile cc)urts 7 power of board and juvenile court 8 procedure to be followed by a magistrate not empowered under the act 9 juvenile homes 10 special homes 11 observation homes 12 after-care organisations  thapteriii neglected juveniles13 production of neglected juveniles before boards 14 special procedure to be followed when neglected juvenile has parents 15 inquiry by board regarding neglected juveniles 16 power to ec;nunit neglected juvenile' to suitable custody 17 uncontrollable juveniles  chapter iv delinquent tuveniles1& bau and custody of juveniles 19- infonnation to parent or guardian or probation otftcer  clauses20 inquiry by juvenile court regarding delinquent juveniles 21 orders that may be passed regarding delinquent juveniles 22 orders that may not be passed against delinquent juveniles 23 proceeding under chaptet viii of the criminal procedure code not competent against juvenile 24 no joint trial of juvenile and person not a juvenile 25 r~moval of disqualiftcation attaching to conviction 26 special provision in respect of pending cases  chapter v procedure of competent authorities generally and appeals and revision from orders of suich authorities27 sittings, etc, of boards and juvenile courts 28 persons who may be present before competent authority 29 attendance of parent or guardian of juvenile 30 dispensing with attendance of juvenile 31 committal to approved place of juvenile suffering from dangerous disease and his future disposal 32 presumption and determination of age 33 circumstances to be taken into consideration in making orders under the act 34 sending a juvenile outside jurisdiction 35 reports to be treated as confidential 36 prohibition of publication of names, etc, of juveni]es involved i:1 any proceeding under the act 37 appeals 38 revision 39 procedure in inquiries, appeals and revision proceedings' 40 power to amend orders  chapter vi special offences in respect of juveniles41 punishment for cruelty to juvenile 42 employment of juveniles for bagging 43 penalty for giving intoxicating liquor or narcotic drugs or psychotropic substance to a juvenile 44 exploitation of juvenile employees 45 alternative punishments  chapter vii miscellanilous46 power of state government to discharge and transfer juveniles 47 transfers between juvenile homes, etc, under the act,and juvenile homes, etc, of like nature in djfferent'parbl 'of ,india  -  clauses48 transfer of juveniles of unsound mind or suffering from leprosy o~ addicted to drugs 49 placing out on licence 50 provision in respect of escaped juveniles 51 contribution by parents 52 fund 53 advisory board 54 visitors 55 control of custodian over juvenile 56 delinquent juvenile undergoing sentence at commencement of the act 57 appointment of officers 58 officers appointed under the act to be public servants 59 procedure in respect of bonds go delegation of powers 61 protection of action -taken in good faith 62 power to make rules 63 repeal and savings  a billto provide for the care, protection, treatment, development and rehabilitation of neglected or delinquent juveniles and for th"'? adjudication of certain matter ,elating to, and disposition oj, delinquent juveniles be it enacted by parliament in the thirty-seventh year of the republic of india as follows:- chaprer i puliminaky5 1 (1) this act may be called the juvenile justice act, 1986 (2) it extends to the whole of india except tlle state of jammu and kashmir (3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint, and different dates short title, extent alld com· mece· ment 10 may be appointed for cu1!erent provisions of this act and for different states z in thi~ act, unless the context otherwise requires,-defini· tions (a) "begging" means-15 (i) aoliclting or receiving alms in a public place or entering into any private premises for the purpose of soliciting or receiving alms, whether under the pretence of singing, dancing, fortunetelling, performing tricks or selling articles or otherwise; (ii) exposing or exhibiting, with the object of obtaining or extorting alm:;, any sore, wound, injury, deformity or disease, whether of himself or of any other person or of an animal; (iii) allowing oneself to be used as an exhibit for the purpose of soliciting or receiving alms; 5 (b) "board" means a juvenile welfare board· constituted under section 4; (c) "brothel", "prostitute", "prostitution" and "public place" shall have the meanings respectively assigned to them in tha suppression of immoral traftlc in women and girls act, 1956; 10 104ofl956 (dj "competent au lilolity" means, in relation to neglected juveniles, a board and, in relation to delinition juveniles, a juvenile court and 'where no such board or juvenile court has been constituted, includes any (;()urt empowered under sub-section (2) of section 7 to exercise the powers conferred on a board or juvenile court; 15 (e) "delinquent juv'enile" means a juvenile who has been found to have committed an offenee; <f> "fit person" or "fit institution" means any person or institution  (not being a police station o jail) found fit by the competent authority to leceive and take care of a juvenile entrusted to his or 20 its care and protection on the terms and conditions specified by the competent authority; (g) "guardian" in relation to a juvenile, includes any person who in the opinion of the competent authority, having cognizance of any proceeding in relation to a juvenile, has, for the time being, the 25 actual charge of, or control over, that juvenile; (h) "juvenile" means a boy who has not attained the age of sixteen years or a girl who has not attained the aga of eighteen years; (i) "juvenile court" means a court constituted under section 5, so (j) "juvenile home" means an institution established or certified by the state government under section 9 as a juvenile home; (k) "narcotic drug" and "psychotropic substance" shall have the meanings respectively assigned to them in the narcotic drugs and psychotropic substances act, 1985; 35 61 of 1985 (1) "neglected juvenile" means a juvenile who---(i) is found begging; or (ii) is found without hav~ng any home or setued place of abode and without any ostensible means of subsistence and is destitute; (iii) has a parent or guardian who is unftt or ;ncapacitated to exercise control over the juvenile; or (iv) liyes in a brothel or with a prostitute or frequently goes to any place used for the purpose of prostitution, or is found to associate with any prostitute or any other person who leae's an immoral, drunken or depraved life; (v) who is being or is likely to be abused or exploited forimmoral or illegal purposes or unconscionable gain; 5 (m) "observation home" means any institution or place established or recognised by the sbte government under sectioll 11 as an observation home; (n) "offence" means an offence punisha~le under any law for the time beirtg in force; 10 (0) "place of saf~ty" means any place or institution (not being  a police station or jail), the person in charge of which is willing temporarily to· receive and take care of a juvenile and which in the opinion of the competent authority maybe a place of safety for the juvenile; is (p) "prescribed" means prescribed by rules made under this  act: (q) "probation officer" means an officer appointed as a probation officer under this act or un,der the probation of offenders act, 1958; 20 of 1958 (r) "special home" means an institution established or certifiecj by the state government under section 10; (8) "supervision", in relation to a juvenile placed under the care of any parent, guardian or other fit person or· fit institution under this act" means the supervision of that juvenile by a probatidn officer for the purpose of ensuring that the juvenile is properly looked after and that the conditions imposed by the competent authority are complied with; 2 of 1974 (t) all words and expressions used but not defined in this act and defined· in the code of criminal procedure, 1973, shall have the meanings respectively assigned to them in that code ~o 3 where an inquiry has been initiated against a juvenile :md during the course of such inquiry the juvenile ceases to be such, then, notwithstanding anything contained in this act or in any other law for the time being in force, the inquiry may be continued and ore'ers may be made in respect of such person as if such person had continued to be a juvenije  35 chapter iicontinuation of inquiry in respect of juvenile who has ceased tobea juvenile  competent authorities and institutions for juveniies4 (1) the state government may, by notification in the official juvenile gazette, constitute fot any area specified in the notification, one or mot;e welfare juvenile welfare boards for exercising the pewers and discharging the boards 40 duties conferred or imposed on ~uch board in relahon to neglected juveniles under this aet (2) a board shall consist of a chairman and such other members as the state government thinks fit to appoint of whom not iess than one shall be a woman; and every such member shal1·be"vest~d with the powers 2 of 1974 45 of a magistrate under the· cod~ of crimhal·procedure, 1973 2 (if 1974 (3) the board shall function as a bench of magistrates and ehall have lhe powers conferred by the code of criminal procedure, 1973, on a metropolibm magistrate or, as the case may be, a judicial magistrate of the first class 5 (1) notwithstanding anything contained in the code of criminal 5 juvejllle courts procedure, 1973, the state government may, by notification in the official 2 of 1974 gazette, constitute for any area specified in the notification, one or more tuvenile courts for exercising the powers apd discharging the duties conferred or imposed on such court in relation to delinquent juveniles under this act ut (2) a juvenile court shall consist of such number of metropolitan magistrates or judicial magistrates of the first class, as the case may be, forming a bench as the state government thinks fit to appoint, of whom one shall be designated as the principal magistrate; and every such bench shall have the powers conferred by the code of criminal procedure, 1973 15 2 of 1974 on a metropolitan magistrate or as the case may be, a judicial magistrate of the first class (3) every juvenile court shall be assisted by a panel of two honorary social workers possessing such qualifications as may be prescribed, of whom at least one shall be a woman and such panel shall be appointed 20 by the state government procedure etc  in re· lation to boards 6 (1) in the event of any difference of opinion among the members of a board or among the magistrates of a juvenile court, the opinion of the majority shall prevail, but where there is no such majority, the opinion of the chairman or of the principal magistrate, as the case may 25 be, shall prevail ~nd juvenile courts (2) a board or juvenile court may act notwithstanding the flbsence of any member of the board or as the case may be, any magibtrate of the juvenile court, and no order'made by the board or juvenile court shall be invalid by reason only of the absence of any member or magis- 30 trate, as the case may be, during any stage of the proceeding (3) no person shall be appointed as a member of the board or as a magistrate in the juvenile court unless he has, in the opinion of the state government, special knowledge of child psychology and child welfare | powers    ||-----------|| board     || and       || juvenile  || court    |7 (1) where a board or a juvenile court has been constituted for 35 any area, such board or court shall, notwithstanding anything contained in any other law for the time being in force but save as otherwise expressly provided in this act, have power to deal exclusively with all proceedings under this act relating to neglected juveniles or delinquent juveniles, as the case may be: 40 provided that a board or a juvenile court may, if it is of opinion that it is necessary so to do having regard to the circumstances of the case, transfer any proceedings to any juvenile' court or board, as the case may be: provided further that where there is any difference of opinion between 45 a board and a juvenile court regarding the transfer of any proceedings under the first proviso, it shall be referred to the chief metropolitan magistrate or, as the case may be, the chief judicial magistrate for deci; sion, and in a case where the district magistrate is functioning as a board or a juvenile court, such difference of opinion shall be referred to the court of session, and the decision of the chief metropolitan magistrate 5 or chief judicial magistrate or, as the case may be, the court of session on such reference shall be final (2) where no board or juvenile court has been constituted for any area, the powers conferred on the board or the juvenile court by or' under this act shall be exercised in that area, only by the following, 10 namely:-(a) the district magistrate; or (b) the sub-divisional magistrate; or (c) any metro!>olitan magistrate or judicial first class, as the case may be magistrate of the 15 (3) the powers conferred on the board or juvenile court by or under this act may also be exercised by the high court and the court of sesllod, when the proceeding comes before them in appeal, revision or otherwise 8 (1) when any magistrate not empowered to exercise the powers of 8 board or a juvenile court under this act is of opinion that a person 20 urought before him under any of the provisions of this act (otherwise than for the purpose of giving evidence) is a juvenile, he shall record sueb opinion and forward the juvenile and the record of the proceeding to the competent authority having jurisdiction over the proceeding, procedui't to be followed by 8 maaistr  not em j)o\'wind under the act, (2) the competent authority to which the proceeding is forwarded 25 under sub-section (1) shall hold the inquiry all if the juvenile had originally been brought before it, i· i ,l juv~nile homes  9 (i) the state government may establish and maintain as many juvenile homes as may be necessary for the reception of neglected juveniles under this act ' f 30 (2) where the state government is of optnion that any institution other than a home established or maintained under sub-section (1) is fit for the reception of the neglected juveniles to be sent there under this act, it may certify such institution as a juvenile home for the purposes of this act 35 (3) every juvenile home to which a neglected juvenile is fent under this act shall not only provide the juvenile with accommodation, maintenance and facilities for education vocational training and rehabilitation, but also provide him with facilities for the development of his character and 40 labijities and give him necessary training for protecting himself against moral danger or exploitation and shall also perform such other functions as may be prescribed to ensure all round growth and development of his perflonality  ·(4) the state government may, by rules made under this act, pro-45 vide for the management of juvenile homes, including the standards add the nature of services to be maintained by them and the circumstances under which, and the manner in which, the certification of a juvenile home may be granted or withdrawn special homes to (1) the state government may establish and maintain as many special homes as may be necessary for the reception of delinquent juveniles under this act (2) where the state government is of opinion that any institution other than a home established or maintained under sub-section (1), is fit 5 for the reception of the delinquent juveniles to be sent there under this act, it may certify such institution as a special home for the purposes of this act (3) every special home to which a delinquent juvenile is sent under this act shall not' only provide the juvenile with accommodation, main io tenancl! and facilities for education, vocational training and rehabilitation, but also plovide him with facilities for the development of his character and abilities and give him necessary training for his reformation and shall also perform such other functions as may be prescjibed to ensure all round growth and development of his personality 15 (4) the state government may, by rules made under this act, provide for the management of special homes, including the standards and the nature of services to be maintained by them, and the circumstances under which, and the manner in which, the certification of a special home may be granted or withdrawn (5) the rules made under sub-section (4) may also provide for the 211 classification and separation of delinquent juveniles on the basis of age and nautre of offences committed by them , observation 11 (1) the state government may establish and maintain as many homes observation homes as may le necessary for the temporary reception of juveniles during the pendency of nny inquiry regarding them under this 25 act tlu  ;ti (2) where the state government is of opinion that any institution other than a home established or maintained under sub-section (1), is fit for the temporary reception of juveniles during the pendency of any inquiry regarding them under this act, it may recognise such institution as 30 an observation home for the purposes of this act (3) every observation home to which a juvenile is s~nt under this act shail not only provide the juvenile with accommodation, maintenance and facilities for medical examination and treatment, but also provide him with facilities for useful occupation t 35 (4) the state government may by rules made under this act, provide for the management of observation homes, including the standards and the nature of services to be maintained by them, and the circumstances under which, and the manner in which, an institution may be recognised as an observation home or the recognition m;'ly be withdrawn ~ 4° 12 the state government may, by rules made under this act, provide- after·care organisa· tions (a) for the establishment or recognition of after-care organi sations and the powers thdt may be exercis~d by them for effectively carrying out their functions under thi~ act; ~ 45 (b) for a scheme of after-care programme to be followed by suc1i after-care organisations for the purpose of taking care of juvenue after they leave juvenile homes or special homes ald for the purpose of enabling them to lead an honest, industrious and useful life; 5 (c) for the preparation or submission of a report by the probation officer in respect of each juvenile prior to his discharge from a juvenile home or special home, as the case may be, regarding the necessity and nature of after-care of such juvenile, the period of such after-care, supervision thereof and for the submission of report by the probation officer on the progress of each such juvenile; 10 (d) for the standards and the nature of services to be maintained by such after-care organisations; (e) for such other matters as may be necessary for the purpose of effectively carrying out the scheme of after-care programme of juveniles  chapter iii neglected juveniles13 (1) if any police officer or any other person or organisation authorised by the state government inthis behalf 1jy general or special order is of opinion that a person is apparently a neglected juvenile, such police officer or other person or organisation may take charge of that person for production of neglected juveniles before boards 20 bringing him before a board '  ~t: (2) when information is given to an ufficer-in-charge of a police station clbout any neglected juvenile found within the limits of such station, he shall enter in a book to be kept for the purpose the substance of such irformation and take such :lction thereon as he deems fit and if such 25 officer does not propose to t:lke charge of the juvenile he' shall forward a crpy of the entry made to the board j -, (3) every juvenile taken charge of under sub-section (i) shall be brought before the board without any loss of time but within a period of twenty-four hours of such charge taken ('xeluding the tim~ necessary for 30 the journey from the place where the juvenile h:ld been taken charge of to the board (4) every juvenile taken charge of under sub-section (1) shall, unless he is kept with his parent or guardian, be sent to an observation home (but not to a police station or jail) until he can be brought before a 35 board 14 (1) if a person, who in the opinion of the police officer or the authorised person or organisation is a neglected juvenile has a parent or guardian who has the actual charge of, or contro] over the ,iuvenile, the police officer or the authorised person or the organisation may, instead of 4(' taking charge of the juvenile make a report to the board for initiating an tnquiry regarding that juvenile 'i special pro cedure to be followed when neglected juvenile has pllrenl~ (2) on receipt of a report under sub-section (l), the board may call upon the parent or guardian to produce the juvenile before it and to show cause why the juvenile should not be dealt with as a,neglected juvenile 45 under the provisions of this act and if it appear$,to,thej~qard that, the juvenile is likely to be removed from its jurisdiction or to be concealed, it mlty immediately order his removal (if neces~ry by issuing a search warrant for the immediate production of the juvenile) to an observation home or a place of safety inquiry by board regardinl neglected jqvcniles  15 (1) when a person alleged to be a neglected juvenile is produced , before 8 board, it !ihall examine the police officer or the authorised person or the organisation who brought the juvenile or made the report and record the substance of such examination and hold the inquiry jn the prescribed manner and may make such orders in relation to the juvenile as it may deem fit llj (2) where a board is satisfied on inquiry that a juvenile is a neglected juvenile ann that it js expedient so to deal with him, the board may make an order directing the juvenlre'tode sent to a juvtnile home for the period until he ceases to be a juvenile: provided that the board may, for reasons to be recorded, extend the 15 period of such stay, but in no case the period of stay shall extend beyond the time when the juvenile attains the age of eighteen years, in the case of a boy, or twenty years, in the case of a girl: provided further that the board may, if it is satisfied that having regard to the circumstances of the case it is expedient so to do, for rea· 20 sons to be recorded, reduce the period of stay to such period as it thinks fit; -(3) during the pendency of any inquiry regarding a juvenile, the juvenile shall, unless he is kept with his p~rent or guardian, be sent to an observation home or a place of safety for such period as may be specifl· 25 ed in the order of the board: provided that no juvenile shall be kept with his parent or guardian if in the opinion of the board, !luch parent or guqrdian is unfit or unable to exercise 01' does not exercise proper care and control over the juvenile power to commit neglected juvenile to lujtabie custody 16 (1) if the board so thinks fit, it may, instead of making an order 30 under sub-section (2) of section'15, for sending the juvenile to a juvenile home, make an order placing the juvenile uiider the - care of a parent, guardian or other fit person, on such parent, guardian or fit person execut· ing a bond with or without surety jobe ~esponsible for the good behaviour and well-being of the juvenile and for the observance of such conditions 35 as the board may think fit to impose (2) at the time of making an order under sub-section (1) or at any' time subsequently the board may, in addition, make ~n order that the juvenile be placed under supervision for any period not exceeding three years in t~e first instan~e 40 (3) notwithstanding anything contained in sub-section (1) 01' subsection (2), if at any time it appears to the board, on receiving a report from the probation officei' or otherwise, that there has been a breach of any of the conditicma imposed by it in respect of the juvenile, it may, after ma'kint such iaquiry al it deems fit, order the juvenile to b sent 4~ to 8 juveqae home, " uncon trollable juveniles 17 where a parentor guardian ·of a juvenile complains to the l;!oard that he is not able to ehrcim prqpercare and control over the juvenile and the board is satisfied on inquiry that proceedings under this act should be initiated regarding the juvenile, it may send the juvenile to 5 an observation home or a place of safety and make such further inquiry as it may deem fit and the provisions of 'section 15 and section is shall~ as far as may be, apply to such proceedings  chapter iv delinquent juvenilesbail and custody of 2 of li74 juvenilc~ 10 18 (1) when any person accused of a bailable or non-bailable offence and apparently a juvenile is arrested or detained or awears or is brought before a juvenile court, such person shall, notwithstanding anything contained in the code of criminal procedure, 1973, or in any other law for the' time being in force, be released on bail with or without i ~ surety but he shall not be so released if there appear reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral danger or that his release would defeat the ends of justice (2) when such person havin~ been arrested is not released on bail 20 under sub-section (1) by the officer-in-charge of the police station, such officer shall cause him to be kept in an observation home or a place of safety in the prescribed manner (but not in a police station or jail) until he can be brought before a juvenile court (3) when such person is not released on bail under sub-section (1) :ls by the juvenile court, it shall, instead of committing him to prison make an order sending him to an observation home 0,1' a place of safety for such period during the pendency of the inquiry regarding him as may be specified in the-order 19 where a j,uvenile is arrested, the officer-in-charge of the police infor· ::10 station to which the juvenile is brought shan, as soon as may be after mati on the arrest, informto parent or (a) the parent or guardian of the juvenile, if he can be found, of such arrest and direct him to be present, at the juvenile court bpfore_ which the ju~enile will appear;and guardian or pro bation officer 35 '(b) the probation officer of such arrest in order to enable him to obtain information regarding the antecedents and family history of the juvenile and other material circumstances likely to be of assistance to the juvenile court for making the inquiry 20 where a iuvenile having been charged with an offence appel\rs ()r 4° is produced before a juvenile court, the juvenile court shall hold the inquiry in accordance with ~he privi'sions of 'section 39 and may, subjert to the provisions of this act make such order in relation to the juvenile all it deems ftt ! inquiry by juvcline court regarding' delinquent juveniles n (1) where a juvenile court is satisfied on inquiry that a juvenile has committed an offence, then, notwithstanding anything to the contrary contained in any other law for the time being in force, the juvenile court may, if it so thinks fit,-' (a) allow the juvenile to go home after advice or admonition; 5 orden tiwt may be passed regarding delinquent juveniles (b) direct the juvenile to be released on probation of good conduct and placed under the care of any parent, guardian or other fit person on such parent, guardian or other fit person executing a bond with or without surety as that court may require, for the good behaviour and well-being of the juvenile for a'dy period not 10 exceeding three years; (e) direct the juvenile to be released on probation of good conduct and placed under the care of any fit institution for the good behaviour and well-being of the juvenile for any period ;'lot exceed-15 i'dg three years; (d) make an <>rder directing the juvenile to be sent to a special home,--t" (i) in the case of a boy over fourteen years of age or of a girl over sixteen years of age, for a period of not less than three 20 years; ('ii) in the case of any other j,uvenile, for the period until he ceases to be a juvenile: provided that the juvenile court may if it is satisfied that having regard to the nature of the offence and the circumstances of the case it is expedient so to do, for reasons to be recorded, reduce the perion 25 of stay to such period as it thinks fit: provided further that the juvenile court may, for reasons to be recorded, extend the period of such stay, but in no case the pet:iod of stay shall extend beyond the time when the juvenile attains the age 0 of ei~hteen years, in the case of a boy or twenty years, in the case of 3 a girl; (e) order the juvenile to pay a flne if he is over fourteen years of age and earns money i (2) where an order unde,~ clause (b) clause (c) or clause (e) of sub-section (1) is made, the juvenile court may, if it is of opinion that 35 in thp interests of the juvenile and of the public it is' expedient so to do, in addition make an order that the' delinquent juvenile shllu remain under the supervision of a probation officer named in the order durin~! such period, not exceeding three years, as may be specified therein, and may in such supervision order impose 'such condition's as it deems 'deces· 40 sary ror the due su~el'visioh of the delinquent juvenile: provided that if at any timc afterwards it appears to the juvenile court on receiving a report from the probation officer or otherwise, that thc delinquent juvenile has not been of good behaviour during the period of supervi';;lon or that the fit institution under whose care the juvenile 45 was placed )s no longer able or wil1in~ to ensure th~ p,ood behaviour and well-being of the juvenile it may, after making such inquiry as it deems fit order the delinquent juvenile to be sent to a special home (3) the juveni1~ court making a supervision order under sub-section (2), shall explain to the juvenile and the parent, guardian or other fit person or fit institution, as the case may be, under whose care the juvenile has been placed, the terms and conditions of the order and shall 5 forthwith furnish one copy of the supervision order to the juvenile, the parent, guardian or other fit person or tit institution, a's the case may be, the sureties, if any, and the probation officer (4) in determining the special home, or any person or institution to whose custody a juvenile is to be committed or entrusted under this act, /0 the court shall pay due regard to the religious denomination of the juvenile to ensure that religious instruction contrary to the religious persuation of the juvenile is not imparted to him 22 (1) notwithstanding anything to the contrary contained in any other law for the time being in force, no delinquent juvenile shall be 15 sentenced to death or imprisonment, or committed to _prison in default af payment of fine or in default of furnishing security: orders that may not be passed against de linq:l'~nt jllvr'niles provided that where a juvenile who has attained the age of fourteen years has committed an offence and the juvenile court is satisfied that the offence committed is of so serious a nature or that his conduct and 20 behaviour have been such that it would not be in his interest or in the interest of other juvenile in a special home to send him to such special home and that none of the other measures provided under this act is suitable or sufficient, the juftnile court, may order the delinquent juvenile to be kept in safe eultody in such place and manner as it tljinks 25 fit and shall report the case  the orders of the state government (2) on receipt of a repolt from a juvenile court under sub-section (1), the state government _by make such arrangement in respect of the juvenile as it deems proper and may order such delinquent juvenile to be detained at such place _d on such conditions as it thinks fit: 2 of 1974 30 provided that the period ", detention so ordered shall not exceed the maximum period of imprisonment to which the juvenile could have been sentenced for the offence committed 23 notwithstanding anything to the contrary contained in the code of criminal procedure, 1973, no proceeding shall be instituted and no 35 order shall be passed against a juvenile under chapter viii of the said code 24 (1) notwithstanding anything eontaitled in section 223 of the code 2 of 1974 of criminal procedure, 1973 or iq any other ·law for the time being in force, no juvenile shall be charged with or tried for, any offence together 40 with a person who is not a juvenile proceeding, under chapter vrn of the code of criminal proeeciurl' not competent ngain:;t juvenile no joint trial of juvenile and person nol ii juvenile 2 of 19i4 (2) if a juvenile is accused of an offence for which under section 223 of the code of criminal procedure, 1973, or any other law for the time being in force, such juvenile and any person who is not· a juvenile would, but for the prohibition eontained in lu1hection (1), have been charged and tried together, the court taking copizance of that offence shall direct separate trials of the juvenile and the othel' person 25 notwithstanding anything contained in any other law, a juv~i1 who has committed an offence and has been dealt with under the pro- 5 visions of this act shall not suffer disqualtftcation, if any, attaching to a conviction of an offence under such law removal' of disqualification attaching to con-viction specilll provision in respeel of pending cases 26 notwith'standing anything contained in this act, all proceedings in respect of a juvenile pending in any court in any area on the date on which this act comes into force in that area, shall be continued in that 10 court as if this act had not been passed and if the court finds that the juvenile has committed an offence, it shall record such finding and instead of passing any sentence in respect of the juvenile, forward ·the juvenile to the juvenile court which shall pasa orders in l'espect of that juvenile in accol'dance with the provisions of this act as if it had been 15 satisfied on inquiry under this act that the juvenile has committed the offence  chapter v procedure of competent authoritirs generally and appeals ad20  revision from: orders of such authorities27 (1) a board or a juvenile court shall hold its sittings at such place, on such day and in such manner, as may be prescribed (2) a magistrate empowered to exercise the powers of a board or, sittings, etc, of boards and juvenile courts as the case may be, a juvenile court under sub-section (2) of section 7' shall, while holding any inquiry regarding a juvenile under this act, as 25 far as practicable, sit in a building or room different from that in which the ordinary sittings of civil and criminal courts are held, or on different days or at times different from those at which the ordinary sittings of such courts are held (3) an inquiry regarding a juvenile under this act shall be held 30 expeditiously and shall ordinarily be completed within a period of thrne months from the date of its commencement, unless, for special l'pa!;ons to be recorded in writing, the competent authority otherwi9~ directs 28 (1) save as provided in this act, no person shall be present at 35 any sitting of a competent authority, excel?t-(a) any officer of the competent authority, or persons who maybe present before compe~ tent llutho-rity (b) the parties to the inquiry before the competent authority, the parent or guardian of the juvenile and other persons directly concerned in the inquiry including police oftlcers and legal practi~ 40 tloners, and (c) such other persons as the competent authority may permit to be present (2) notwithstanding anything contained in sub-section (1), if at any stage during an inquiry, a competent authority considers it to be expedient in the interest of the juvenile or on grounds of decency or morality that any person including the police officers, legal practitioners, s the jarent, guardian or the juvenile himself should withdraw, the competent authority may give such direction, and if any person refuses to comply with such direction, the competent authority may have him l'emoveld and may, for this purpose, cause to be used such force as may be neceasary 10 (3) no legal practitioner ~ll be entitled to appear before a board in any ease or proceeding before it, except with the special permission of that board ' attend ance of parent or guardian of juvenile 29 any competent authority before which a juvenile is brought hnder any of the provisions of this act may, whenever it so thinks tit, is '-eq\1ire any parent or guardian having the actual charge of, or control over, the juvenile to be present at any proceeding in respect of the juvenile dispensingwith attend ance of juvenile 0 if, at any stage during the course of an inquiry, a competent authority is satisfied that the attendance of the juvenile is not essential 20 !:rlr tne purpose of the inquiry, the competent authority may dispense with his attendance and proceed with the inquiry in the absence of the juveline at (1) when a juvenile who has been brought before a competent luthority under this act is found to be suffering from a disease requiring 2s prolonged medical treatment or physical or mental complaint that will respond to treatment, the competent authority may send the juvenile to any place recognised to be an approved place in accordance with the rules made under this act for such period as it may think n~y for the required treatment commit tal to approvecf place of juvenile sufter ingfrom dangerous disease and his future dispol8l 30 (2) where a juvenile is found to be suffering from leprosy or is of unsound mind, he shan be dealt with under the provisions of the lepers act, 1898 or the indian lunacy act, 1912, as the case may be 3 of 1898 4 of 1912 (3) where a competent authority has taken action under subsection (1) in the case of juvenile suffering from an infectious or 35 contagious disease, the competent authority before restoring the said juvenile to bispartner in marriage, if there has been such, or to the guerdian~ as the case may be, shall, where it is satisfied that such action will be in the interest of the said juvenile call upon his partner in 40 narriage or the guardian, as the case may be, to satisfy the competent authority by submitting to medical examination that such partner or guardian win not re-infect the juvenile in respect of whom the order has been passed preeulftp tionand determination of  om t~nt authority that a person 32 (1) where it appears to a c pe 'ons of this act (otherwise :i '45 hrought before it un",er any 0 f the provlsl 'd )·s a l'uvenile the competent f  gevlence 1 , than tor the purpose 0 ~vln as to the age of that person and for authority shall make due lnqw~ b necessary and shan that rurpose shall take such evidence as may e record 8 finding whether the person is a juvenile or not, stating his age as nearly as may be (2) 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 heeu made is not a juvedile, ad the age s jeeorded by the competent authority to be the' qe of; the p4ftojl 10 brought before it shall, w the purposes of 'this ·act,be diemed to be the true age of that person  33 in making any order in respect 'of a juvenile under  this' act, a competent authority shall take into consideration the tollowing circum- 10 ~tances, namely:- (a) the age of the juvenile; (b) the state of physical and mental health of the juvenile; cil'c'uldlltances to betaken intoconaideration inmalrjn, ol'deirs udder the act (e) the circumstances in which the juvenile was and is ltving; (d) the reports made by the probation officer; 15 (e) the religious persuation of the juvenile; (j) such other circumstances as may, in ·the opinion of the competent authority, require to be taken into con&ideration in the inrerest of the welfare of the juvenile: provided that in the case of a delinquent juvenile, the above circtlm- 20 stances shall be taken into consideration after the juvenile court has recorded a finding against the juvenile that he has committed the i)ffence: provided further that if no report of the probation oftieer i8 reeeived within ten weeks of his being informed under ·'seetion 19, ft'18tiaube 25 open to the juvenile court to proceed without it sending a juveilue outside jurisdic tion 34 in the case of a neglected or delinquent juvenile whose ordinary place of residence lies outside th,e jurisdiction of the compent 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 back 30 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 over him, notwithstanding that such place of residence is outside the jurisdiction of! the competent authority; and the ~t authority exercising jurisdiction over the place to which the juvenile i sent shall 35 in respect of any matter arising subsequently have ~e same powers in relation to the juvenile as if the original order had been passed by itself ' 35 the report of the probation officer or any circumstance considered by the competent authority under section 33 shall be treated as 40 confidential: reporte to be treatedaa ·cozdlded-tiel provided that the competent ~uthority may, if it so thlnk~ ·1it, com· munlcate the substance thereof to thejuvenue or his :parent cir guirdian and may give such juveline, patent or guardiaft an opportunity of produeing,such eviqence as may be relevant to the matter stated in the repqrt 36 (1) no report in any newspaper, magazine or news sheet of any inquiry regardidg, a juve~e under this act shall d~8~ tbe name, s address or school or any otber particulars calculated' to lead to the identification of the juvenile n<;lr shall any picture of any such juvenile be pub1ished: provided that for reasons to be recorded in writing, the authority holding the inquiry may permit such disclosure, if in its opinion such 10 di!lclosure is in the interest of the juvenile prohibition of publi cation of names, etc of juvenilet involved in ally proceed ingunder the act (2) any person contravening the provisions of sub-section (1) shall be pun!sl)able with fiqe which may extend to one thousand rupees appeaj, 37, (1) subj~t to the provisions of this section, eny person aggrieved by an order made by a competent authority und~r this act may, within i s 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 aprellant was prevented by sufficient cause from filing the appeal in 20 time (2) no appeal sllall lie from-(a) any order of acquittal made by the juvenile court in respect of a juvenile alleged to have committed an offence; or (b) any order made by a board in respect of a finding that 3 2s person is not a neglected juvenile: (3) no second appeal shau lie from any order of the court of session passe4 in ap~~i under this section 38 the high court may, at any time, either of its own motion or revision od an app1i~ation rece~ve!i, in thi~ behalf, call for the rec~rd of any 30 proceeding in which any competent authority or court of session has passed an order for th~ p1lrpose of s~ti~fying itself as 10 th£!, le~a1ity or propriety' of any suc:h order and may pass such order in relation thereto as it' thfnks fit: p~'ovided that the high court shall not pass an order under this 3s c:echon prejudicial to any person without giving him a reasonable opportunity of being heard 39 (1) save as otherwise expressly provided by this act, a compet«!nt authority while holding any inquiry under any of the provisions of this act, shall follow such procedure as may be prescribed and 40 subiect thereto, shall follow, as far as may be, the procedure laid do\vn in the code of criminal procedure, 1973, for trials in summons cases 2 of 1974 (2) save as otherwise expresslv provided by or under this act the ~­dur~ 'in inquiries, appeals and revision pr~ - "rn~dure to be followed in hearing appeals or revision proceerti,1ls 45 unrler this act shan be, as far as prac~icablet in accordance with the 2 of 1974 provisions of the code of criminal procedure 1973 power to amend orders 40 (1) without prejudice to the provisions for appeal and revision under this act, any competent authority may, either on its own motion or on an application received in this behalf, amend any order as to the institution to which a juvenile is to be sent or as to the person under whose care or supervision a juvenile is to be placed under this act s (2) clerical mistakes in orders passed by a competent authority or errors arising therein from any accidental slip or omission may, at any time, be (:orrected by the competent authority either on its motion or on an application received in this behalf  chapter vi10  special oftences in respect of juv'enues41 (1) whover, having the actual charge of, our control over, n juvenile, assaults, abandons, exposes or wilfully neglects the juvenile punishmentior er-ieltyto juvenile or causes or procures him to be assaulted, abandoned, exposed or nep,lected in a manner likely to cause such juvenile unnecessary mental is or physical suffering shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both (2) no court shall take cognizance of an offence punishable under sub-section (1) unless the complaint is filed with the previous sanction of the state government or an officer authorised by it in thi!> behalf 20 42 (1) whoever employs or uses any juvenile for the purposes of begging or causes any juvenile to beg shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine employ_ mentof juveniles for begging (2) whoever, having the actual charge of, or control over, a 25 ;uvenile abets the commission of the offence punishable under subc:ection (1), shall be punishable with imprisonment for a term which may extend to one year and shall also be liable to fine  (3) the offence punishable under this section shall be cognizable43 whoever gives, or causes to be given, to any iuvenile, any 30 intoxicating liquor in a public place or any narcotic drug or psychotropic substance except upon the order of a duly qualified medical practitioner or in case of sickness shall be punishable with imprisonment for a term which may extend to three years, and shall also be liable to fine penalty for giving intoxicating liquor or narcotic drug or psychotropic substance to a juvenue exploitationof 'uvenile employees 44 whoever ostensibly procures a juvenile for the purpose- of any 35 employment and withholds the earnings of the juvenile or uses· such earnings for his own purposes shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine alter native punish ments 45 where an act or oliusslon constitutes an offence punishable under this act and also under any other central or state act, then, notwithstanding anything contained in any law for the time being in force, the offender found guilty of such offence shall be liable to punish ment only under such act as provides for punishment which is greater 5 jn degree  chapi'er vii miscellaneous46 (1) the state government may, notwithstanding anything con-10 tained in this act, at any time, order a neglected or delinquent juvenile to be discharged from the juvenile home or special home, either ahsolutely or on such conditions as it may think fit to impose power of state governmentto discharge and transfer iuveniles (2) the state government may, notwithstanding anything contained in this act, order-1 s (a) a neglected juvenile to be transferred from one juvenile home to another; (b) a delinquent juvenile to be transferred from one special home to another or from a special home to a borstal school where such school exists or from a special home to a juvenile home; 20 (c) a neglected juvenile or a delinquent juvenile to be transferred from a juvenile home or a special home to a fit person or a fit institution; 25 (d) a juvenile who has been released on licence which has been revoked or forfeited, to be sent to the special home or juvenile home from which be was released or to any other juvenile home or special home or borstal school: provided that the total period of the stay of the juvenile in a juveline home or a special home or a fit institution or under a fit person shall not be increased by such transfer 30 (3) the state govemment may, notwithstanding anvthinll containprj in this act, at any time, discharge a juvenile from the care of any person under whom he was placed under this act either absolutely or on such conditions as may think fit to impose 47 (1) the govemment of a state may direct nnv nel!le~te~ 3s il1"enile or delinquent juvenile to be transferred from any juvenile nome or special home within the state to any other juvenile home, spe('ial hn'11e or institution of a like nature in any other state with the consent of the government of that state transfen1 between juvenile homes, etc, under the act andjuvenile homes, etc, of like nature in different parts of inc1il (2) the government of a state may by general nr soecial o,der 40 provide for the reception in a )uvenile home or special hom~ within 1:he state of a neglected juvenile or delinquent juvenile detained in a iuvenilp- home 01' mecial home or institution of ii like n,tnrc in nnv other stilte where the government of that state makps an order for , - ,,,1, transfer, and upon sucli transfer the orovisions of thic; a"'f- ,,1,,11 45 aonlv to such juvenile as if he han been ori~nallv ordcred to be sent tn such juvenile home or special home under this act trad8i- ofj1lul8-nileiof unaound mind orau1ferin, from leprosy or addict echo drugs 48  (1) where it appears to the state governqlent that any juvenile kept in a special home or juvenile home or institution in pursunce of this act is suffering from leprosy or is of unsound mind, or is addicted to any narcotic drug or psychotropic substance, the state government may order his removal to a leper asylum or mental hospital or treat-5 ment centre for drug addicts or other place of safe custody for being kept there for such period not exceeding the period for which he is required to be kept in custody under the orders of the competent authority or for such further period as may be, certified by the medical officer to be necf!ss8l'y for the proper treatment ot the juvenile 10 (2) where it appears to the state government that the juvenile is cured of leprosy or of unsoundness of mind or drug addiction it may, if the juvenile is still liable to be kept in custody, order the person having charge of the juvenile to send him to the special home or juvenile home or institution from which he was removed or, if the 15 juvenile is no longer liable to be kept in custody, order him to be discharged placing out on licence 49 (1) when a juvenile is kept in a juvenile home or special home the state government may, if it so thinks fit, release the juvenile from the juvenile home or special home and grant him a written licence 20 for such period and qn such conditions as may be specified, in the licence permitting him to live with, or under the supervision of, any responsible person named in the licence willing to receive and take charge of him with a view to educate him and train him for some useful trade or calling '25 (2) any licence so granted under sub-section (1) shall be in force for the· period ~fied in the licence or until revoked or forfeited by the breach of any of the conditions on which it was grajlted (3) the state government may, at any ti~ by order in writing revoke any such licence and order the juvenile to return  to the 30 juvenile home or special home from which he was released or to any other juvenile home or special home, and shall do so at the desire of the person with whom or under whose supervision the juvenile has beer permitted to live in accordance with a licence granted under subsection (1) 35 (4) when a licence has been revoked or forleited and the juvenile refuses or fails to return to the special home or juvenile home to which he was directed so to return, the state govermnent may, if necessary cause him to be taken charge of and to be taken back to the 9peclal home· or juvenile home 40 (5) the time during which a juvenile is absent from a special home or juvenile home in 'pursuance of a licence granted under this section shall be deemed to be part of the time for which he is liable to be kept in custody in the special 'home or juvenile home: provid~ that when a juvenile has failed to relurn to the s~l home 4s or juvenile home on the licence being, revoked, or ,fcrlei~df the time which elapses after lus failure sq to return shall be·excluded in computing the time during which he is liable to be kept in custody provision in respect ofeocaped juveniles 5d~ notwitbsiaddibg anything to the contrary contained in any other law for the tuneeeing in force, -any police ofticer may take charge -, without warrant of a juvenile who has escaped from a special home or a juvenile home or from the care of a person under whom he was placed 5 under this act and shall send the juvenile back to the special home or , the juvenile hameor that person, as the case may be; and no proaeedldg shall be instituted in respect of the juvenile by reason of such escape but the 'special home, juvenile home or the person may, after giving the information to the competent authority which passed the order in respect 10 of the "juvenile,take such steps against the juvenile as may be deemed n~ssary 51 (1) the competent authority which makes an order for sending constitua neglected juvenile or a delinquent juvenile to a juvenile home or a tion by special home or placing the ju-venile under the care of a fit person or fit parents 15 ilistitution may make an order requiring the parent or other per~n liable to maintain the juvenile to contribute to his maintenance, if able to do so, in the prescribed mai'lner ' (2) the competent authority before making any order under subsection (1) shall inquire tntritbe eircumtances of the parent or other :!o person liable to maintain the juvenile and shall record evidence, if any, in the presence of the parent or 'sueh other· person, as the case may be (3) the person liable to maintain a juvenile shall, for the purposes of sub-section (1) i include in the case of illegitimacy, his putative father: 2 of 1974 provided-that where the juvenile is illegitimate and an order for his 25 maintenancehas'lteen made under section 125 of the code of criminal procedure, 1973, the competent authority shall not ordinarily make an order for contribution again'st the putative father, but may order the whole or -any part of the irims accruing due under the said order for maintenance to be pai~ to such person as may be named by the campe-30 tent authority and such sum shall be· paid by him towards the maintenance of the juvenile ' (4) any order made under this 'section may be' enforced in the same manner as an order under section 125 of the code of criminal procedure, 1973 -2 of 1974 35 d (1) the state -government may create a fund under such name fund as it thinks ftt for thewelfa~ and rehabilitation of the juveniles dealt with under this act (2) there shall be credited to the fund such voluntary donations, contributions' or subscriptions as may be made by any individual or 40 organisation -(3) the fund created tmder- aub-eection (1) shall be administered by such officers or authority; -in such mlllllller and for such purposes as may be prescribed 53(1)th~state gbvernment' may· ron'btitute an advisory board advisory 45 to advise it on matters relating to the establishment and maintenance board of homes, mobilisation of resources, provision of faciuties for education, training and rehabilitation of negiected and deunquent juvenlles and coordination among the various oftlcial and non-omcial agencies concerned i ~ < i -, i·!", ~_ i  ,' - - - (2) the advisory board shall consist of such number of o1bcera and other persons as the state government thinks ilt and may also include ~ and the representatives of volwltary organisations engaged tn the relevant areas visitors 54 (1) the state government may nominate not more than three non-officials to be visitor's for each of the homes established under this 5 act (2) a visitor nominated for a home under sub-section (l) shall periodically visit such home and make a report to the state government | control    ||------------|| custodian  || 'over      || juvenile  |55 any person in whose custody a juvenile is placed in pursuance of 10 this act shall, while the order is in force, have the like control over the juvenile as he would have if he were his parent, and shall be responsible for his maintenance, and the juvenile shall continue in his custody for the period stated by the competent authority, notwithstanding that he is claimed by his parent or any other person:' 15 provided that no juvenile while in such custody shall be carried except with the permission of the competent authority ! delinquentjuvenile undergoing sentence atcommen-cement of the act 56 l'n any area in which this act is brought into force, the state government may djrect that a delinquent juvenile who is undergoing any sentence of imprisonment at the commencement of this act shall, 20 in lieu of undergoing such sentence, be sent to a special home or be kept in safe custody in such place and manner as the state government thinks fit, for the remainder of the period of the sentence; and the provisions of this act shall apply to the juvenile as if he had been ordered by a juvenile court to be sent to such special home or, 88 the case may 25 be, ordered to be' detained under sub-section (2) of section 22 appointmentof officers 57 (1) the state government may appoint as many probation officers, officers for the inspection of special homes, juvenile homes, observation homes or after-care organisations and such other officers as it may deem necessary for carrying out the purposes of this act so (2) it shall be the duty of the probation o~ -(4) to inquire, in accordance with the direction of a competent authority, into the antecedents and family history of any juvenile accused of an offence, with a view to assist the authority in making the inquiry; 35 (b) to visit neglected and delinquent j,uveni1es at such intervals as the probation officer may think fit; (c) to report to the competent authority a8 to the behaviour of any neglected or delinquent ju~nue; i (d) to advi'se and assist neglected or delinquent juveniles and, 40 if necessary, endeavour to ftnd them suitable employment; (e) where a neglected or delinquent j,uveni1eis placed under the care of ally person or institution on certain condlt;tons to see whether such conditions are being compued with; and (f) to perform such other duties as may be prescribed 45 (3), any other empowered in this behalf by the state, government may enter any special home, juvenile home, observation home  or aftercare organisation and make a complete inspection, thereof in all its departments and of ali papers, registers and accounts relating theretc and 5 shall submit the report of such inspection to the state government -45 of 1860 58 probation officers and other oftlcers appointed in pursuance of this act shall be' deemed to be public servants within the meaning of \;ection 21 of the indian penal code ofticers appointed under the act to be public servants 59 the provisions of chapter xxxiii of the code of criminal pro-2 of 1974 10 cedure, 1973, shall, as far as may 'be, apply to bonds taken under this act procedurein r',:spect ofbondl3  delegation of powers  ) 60 the state government may, by general or special order direct that any power exercisable by it under this act shall, in such circumstances ~md under such conditions, if any, as may be specified in the 15 order, be exercisable also by an officer subordinate to that government 61 no suit or other legal proceeding shall lie against the state government or any probation officer or other ofticer appointed under this act in respect of anything which is in good faith done or intended to be done in pursuance of this act or of any rules or orders made thereunder protectionol action taken in lood faith 2(1 82 (1) the state government may, by notification in the official gazette, make rules to carry out the purposes of this act power to make rules (2) in particular, and without prejudice to the generality of the foregoing power, such l'ules may p:o'v'ide for all or any of the fol1ow-, , ing mattprs, namely:-25 (a) the places at which, the days on which, the time at which, and the manner in \vh:ch a competent authority may hold it sittings; (b) the procedure to be followed by a competent authority in holding inquiries under this act, and the mode of dealing with juveniles suffering from dangerous diseases, or mental complaints; ,'\ (c) the circumstances in which, and the conditiobs subj~ to which an institution may be certified as a special home or a juvenile's home or reco~ised as an observation home, and the cert1ftcatlon or recognition withdrawn; i (d) the internal management of special homes, juvenile homes and observation homes mnd the standards and the nature of services to be maintained by them; (e) the functions and responsibilities of special hornes, juvenue homes and observation homes; 5 <f) the inspection of special home&, juvenile homes, observation homes and after<are organisations; (g) the establishment, management and functions of after-cal:e organisations; the circulll'stances in which, and the conditions subject to which an institution may be recognised as an after-care organisa-10 tion and such other matters as are referred to in section 12; (h) the qualifications and duties of probation officers; (i) the recruitment and training of person's appointed to carry out the purposes of this act and the terms and conditions of their service 15 , (j) the conditions subject to which a girl who is a neglected or delinquent juvenile may be escorted from one place to another, and the manner in which a juvenile may be sent outside the jurisdiction of a competent authority; (k) the manner in which contribution for the maintenance of a 20 juvenile may be ordered to be paid by a parent or guardian; (l) the officers or authorities by whom, the manner in which and the ~e for which the fund created under section ~ shall be administered; (m) th,e conditions under which a juvenile may be placed out on 25 licence and the form and conditions of such licence; (fl) the conditions subject to which j,uveniles may be placed under the care of any parent, guardian or other fit person or fit institution under this act and the obligations of such persons or institutioqs towards the juveniles so placed; 30 (0) any other matter which has to be, or may be, prescribed; (3) every rule made by a state government under this act shall be laid, as soon a5; may be after it is made, before the legislature of that state repeal and savings 63 if, immediately before the date on which this act comes into 35 force in any state, there is in force in that state, any law corresponding to this act, that law shall stand repealed on the said date: provided that the' repeal shall not affect-(a) the previous operation of any law so repealed or anything duly done or suffered thereunder;· or 40 '_'  (b) any right, privilege, obugation or liability acquired, accrued or il)curred under any law so repealed; or (c) any penalty, forfeiture or punishment iimnl'red in ~ct of any offence committed against any law 'so repealed; or (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, ~) continued or enforced and any such penalty, forfeiture or purushment may be imposed, a's if this act had not been passed  statement of objects and reasonsa review of the working of the existing children acts would indio cate that much greater attention is required to be given to children who may be found in situations of social maladjustment, delinquency or neglect the justice system as available for adults is not considered suitabje for being applied to juvenile it is also necessary that a uniform juvenile justice system should be available throughout the country which should make adequate provision for dealing with all aspects in the changing social, cultural and economic situation in the country there is also need for larger irwolvement of informal systems and community based welfare agencies in the care protection, treatment, development and rehabilitation of such juveniles 2 in this context, the proposed legislation aims at achieving the following objectives:-(i) to lay down a uniform legal framework for juvenile justice in the country so as to ensure that no child under any circumstances is lodged in jail or police lock-up this is bebg ensured by establishing juvenile welfare boards and juvenile courts; (ii) to provide for a specialised approach towards the prevention and treatment of juvenile delinquency in its full range in keeping with the developmental needs of the child found in any situation of social maladjustment; (iii) to spell out the machinery and infrastructure required for the care, protection, treatment, development and rehabilitation of various categories of children coming within the 'piuview of the juvenile justice system this is proposed to be' achieved by estab, lishing observation homes juvenile homes for neglected juveniles and special homes for delinquent-juvenjles; (vi) to establish norms and standards for the administration of juvenile justice in terms of investigation and prosecution, adjudica tion and disposition and care treatment and rehabilitation; (v) to develop appropriate linkages and coordination between the formal system of juvenile justice and voluntary agencies engaged in the welfare of neglected or socially maladjusted children and to specifically define the 8l't!as of their responsibilities and roles; (vi) to constitute special oftences in relation to juveniles and provide' for punishments therefor; (vii) to bring the operation of the juvenile justice system in the country in conformity with the united nations standard minimum rule for the administrltion of juvenile justice 4 as its various provisions come into force in duferent parts of the country they would replace the corresponding laws on the subject such as the children act, 1960 and other state enactments on the subject the bill seeks to achieve the above objects new dmd; the 20th august, 1986 rajendra kumari bajpai  president's recommendation under article 117 of the constitution of india[copy of letter no 8-1/8lh)d, from dr (smt) rajendra kumari bajpai, minister of state of the ministry of welfare to tl)e secretary-general lok sabha] the president, having been informed of the subject matter of the proposed bill, namely the juvenile justice bill, 1986, recommends to lok sabha the consideration of the bill under article 117(3) of the constitution of india clause 2-this clause defines the various expressions used in the bill sub-clause (d) of this clause defines "juvenile" as to mean a boy who has not attained the age of sixteen years or a girl who has not ·attained the ale of eichteen· yean moat of the definitions of the expressions u-ct in the bill are based on the definitions in the children act 1960 subclause (h) defines the words "narcotic drug" and "psychotropic substance" these words shall have the meaning respectively assigned to them in the narcotic drugs and psychotropic substances act, 1985 clause 3-this clause provides for the continuation of inquiry in respect of a juvenile, who has ceased to be a juvenile clauses 4 to 12-these clauses provide for the constitution (if juvenile welfare boards (clause 4); juvenile courts (clause 5); juvenile homes (clau8e 9); special homes (dause 10): observation homes (clause 11) and after-care organisations (clause 12) aause 6 provides for the procedure in relation to powers of juvenile courts clause 7 specifies the powers of the boards and juvenile courts clause 8 preseribes the procedure to be followed by a magistrate not empowered under the pl'l  posed legislation clauses 13 to 17-these clauses pl'ovide igr the produetwn of nealected juveniles before &arda (claue 13), apeeial proeedure to be fejlowed when neglected juvenile has parents (clause 14), inquiry of board regarding neglected juvenile (clause 15) and power to commit neglected juvenile to suitable custody (clause 16) clause 17 deals with uncontrollable juveniles clauses 18 to 26-these clauses deal with delinquent jm'eniles in matters relating to their bail and custody, information as to their arrest 10 parent or guardian or probation officer; orders that mayor may not be passed against them clause 26 provides special provisions in r":r-pect of pending cases in any court, etc clatl'le~; 27 to 4o-these clauses provide for the procedure to be followed by the boards and juvenile courts in disposing of caf'les relating to juvnliles clause 36 prohibits the publication of name address or school of any juvenile involved in any proceedings clauae 37 makes provision for appeal against the order made by a competent authority clause 38 empowers the high court to revise the orders which any competent authority or court of session has passed it furthel' pro·vides that the high court shall not pass an order which is prejudicial to any person without giving him a reasonable opportunity of b~ing heart' clause 39 provides' for the procedure to be followed in inquiries anneals and revision proceedings clause 40 empowers the competent authorit" to amend orders, etc clauaes 41 to 45-cllluse 41 provides for punishment for cruelty to juvenile by penons having actual charge or control clause 42 provides punishment to persons who employ juvenile for begging clause 43 prescribes penalty for giving intoxicating liquor or narcotic drugs or psychotropic substances to a juvenile clause 44 provides punishment for a person who employs a juvenile for the purpose of exploitation and withholds the earnings of the juvenile clause 45 provides that in cases where an act or omission constitutes an offence punishable under this law and also in any other act for the time being in force, then in that case the punishment which is greater in degree under this law or under the other act, shall be awarded to the offender c~tlses 46 to 48-these clauses empower the state government to order discharge and transfer of juveniles from one juvenile home to another, etc clause 49-this clause empowers the state government to release the juvenile from the juvenile home or special home and grant him a written licence permitting him to live with or under the supervision of any responsible person named in the licence, who is willing to receive such juvenile clause 5q-this clause makes the provision in respect of juvenile who have escaped from the special home or juvenile home or from the care of a person under whom he was placed clause 51-:-this clause empowers the competent authority to make an order requiring the parent or other person liable to maintain the juvpnile to contribute to his maintenance clause 52-this ciauseauthorises the state government to create a fund under such name as it thinks fit for the welfare and rehabilitation of juveniles dealt with under the proposed law clause 53-this clause empowers the state government to constitute an advisory board to advise the state government on the matters relating to the establishment and maintenance of homes, mobilisation of resources, provision of facilities for education, training and rehabilitation of neglected and delinquent juveniles, etc clau~ 54-under this clause the state government is authorised to nominate not more than three non-officials to be the visitors for each  of the homes established under the proposed law and the visitor is requ~red to submit a periodical report of his visit to the home to the state government clause 55-this clause provides for control of the custodian over juveniles clause 56-this clause makes a provision for delinquent juvenile undergoing sentence on the date of the commencement of this law clause 57-this clause empowers the state government to appoint officers, etc, for carrying out the purposes of this law clause 58-this clause declares the officers appointed under the provisions of this law to be public servants within the meaning of section 21 of the indian penal code clause m-this clause makes the provision of chapter xxxiii of the code of criminal procedure, 1973 applicaple to bonds taken under this law clause 60-this clause empowers the state government to delegate it~ powers clause 61-this clause provides for protection of acts of theofticers appointed under this law clause 62-this clause deals with the powers of the state government to make rules clause 63-this is a usual clause of repeal and savings the proposed legislation aims at bringing about a basic uniformity in the implementation of the various legislative provisions and in bringing about a qualitative improvement in the functioning of institutions set up under the children's act, 1960 and analogous laws enacted by the st'\te governments thus, this legislation would be implemented largely by the states and similarly in respect of union territories the existing infrastructure available under the children's act, 1960 as amended in 1978 passed by parliament would be reorganised and utilised the emphasis would be shifted from institutional care to bringing in family and the community in the task of care, protection, treatment, development and rehabilitation of neglected anddeunquent children expenditure incurred on this by the states will be met out of their respective consoudated funds expenditure incurred on this by union territories will be met out of consolidated fund of india and it is expected to be of the same order as at present of about rs 100 crore 30 lakhs of recurring nature and 15 lakhs of non-recurring nature for the children's act, 1960 which will be replaced by this law  clause 62 of the bill empowers the state governinent to make rules to caity out the purposes of the bill when enacted sub-claulle (2) 'of that clause enumerates the various matters in fespect of which rules may be made these matters relate,· among others, to the procedure to be followed by a competent authority in holding sittings, inquiries and mode of deallng wtthjuvmi1es suffering from dangerous diseases or :mental compl8ints, certification and recognition of institutions as special homes, juvenne homes, obsej;vation hcnnes, aft~r-care homes and inspection of \'arious in·stitutions set up or recognised under this act, the recruitment, training, qualifications and duties of probation officers and other persons appointed to carry outtbe 'purposes of this act, the manner in which a juvenile may be sent outside the jurisdiction of a court the ccnditions under which a juvenile may be placed out on licence and the form and conditions subject to which· juveniles may be placcd under the care of parents, guardian or any other person, af> well as the obligation of such person towards the juveniles, t1)e manner in which and the purposes for which, the fund is to be administered ~ the matters in respect of which rules may be made are matters of procedure or detail the delegation of legislative power is thus of a normal character  a billto provide f~r the care, protection, treatment, development and rehabilitation of neglected or delinquent juveniles and for the adjudication of certain matters relating to, and disposition of, delinquent juveniles (dr ~ (smt) r4jendra kumgri bajpai minister of state of the ministry of welfare) 