19. Powers of Children’s Court.—
(1) After the receipt of preliminary assessment from the Board
under section 15, the Children’s Court may decide that—
1. Ins. by Act 23 of 2021, s. 8, (w.e.f. 1-9-2022).
18
(i) there is a need for trial of the child as an adult as per the provisions of the Code of Criminal
Procedure, 1973 (2 of 1974) and pass appropriate orders after trial subject to the provisions of this
section and section 21, considering the special needs of the child, the tenets of fair trial and
maintaining a child friendly atmosphere;
(ii) there is no need for trial of the child as an adult and may conduct an inquiry as a Board and
pass appropriate orders in accordance with the provisions of section 18.
(2) The Children’s Court shall ensure that the final order, with regard to a child in conflict with law,
shall include an individual care plan for the rehabilitation of child, including follow up by the probation
officer or the District Child Protection Unit or a social worker.
(3) The Children’s Court shall ensure that the child who is found to be in conflict with law is sent to a
place of safety till he attains the age of twenty-one years and thereafter, the person shall be transferred to
a jail:
Provided that the reformative services including educational services, skill development, alternative
therapy such as counselling, behaviour modification therapy, and psychiatric support shall be provided to
the child during the period of his stay in the place of safety.
(4) The Children’s Court shall ensure that there is a periodic follow up report every year by the
probation officer or the District Child Protection Unit or a social worker, as required, to evaluate the
progress of the child in the place of safety and to ensure that there is no ill-treatment to the child in any
form.
(5) The reports under sub-section
(4) shall be forwarded to the Children’s Court for record and follow
up, as may be required.
20. Child attained age of twenty-one years and yet to complete prescribed term of stay in place
of safety.—
(1) When the child in conflict with the law attains the age of twenty-one years and is yet to
complete the term of stay, the Children’s Court shall provide for a follow up by the probation officer or
the District Child Protection Unit or a social worker or by itself, as required, to evaluate if such child has
undergone reformative changes and if the child can be a contributing member of the society and for this
purpose the progress records of the child under sub-section
(4) of section 19, along with evaluation of
relevant experts are to be taken into consideration.
(2) After the completion of the procedure specified under sub-section
(1), the Children’s Court may—
(i) decide to release the child on such conditions as it deems fit which includes appointment of a
monitoring authority for the remainder of the prescribed term of stay;
(ii) decide that the child shall complete the remainder of his term in a jail:
Provided that each State Government shall maintain a list of monitoring authorities and monitoring
procedures as may be prescribed.
21. Order that may not be passed against a child in conflict with law.—No child in conflict with
law shall be sentenced to death or for life imprisonment without the possibility of release, for any such
offence, either under the provisions of this Act or under the provisions of the Indian Penal Code
(45 of 1860) or any other law for the time being in force.
22. Proceeding under Chapter VIII of the Code of Criminal Procedure not to apply against
child.—Notwithstanding anything to the contrary contained in the Code of Criminal Procedure, 1973
(2 of 1974), or any preventive detention law for the time being in force, no proceeding shall be instituted
and no order shall be passed against any child under Chapter VIII of the said Code.
23. No joint proceedings of child in conflict with law and person not a child.—
(1)
Notwithstanding anything contained in section 223 of the Code of Criminal Procedure, 1973 (2 of 1974)
or in any other law for the time being in force, there shall be no joint proceedings of a child alleged to be
in conflict with law, with a person who is not a child.
(2) If during the inquiry by the Board or by the Children’s Court, the person alleged to be in conflict
with law is found that he is not a child, such person shall not be tried along with a child.
19
24. Removal of disqualification on the findings of an offence.—
(1) Notwithstanding anything
contained in any other law for the time being in force, a child who has committed an offence and has been
dealt with under the provisions of this Act shall not suffer disqualification, if any, attached to a conviction
of an offence under such law:
Provided that in case of a child who has completed or is above the age of sixteen years and is found to
be in conflict with law by the Children’s Court under clause
(i) of sub-section
(1) of section 19, the
provisions of sub-section
(1) shall not apply.
(2) The Board shall make an order directing the Police, or by the Children’s Court to its own registry
that the relevant records of such conviction shall be destroyed after the expiry of the period of appeal or,
as the case may be, a reasonable period as may be prescribed:
Provided that in case of a heinous offence where the child is found to be in conflict with law under
clause
(i) of sub-section
(1) of section 19, the relevant records of conviction of such child shall be
retained by the Children’s Court.
25. Special provision in respect of pending cases.—Notwithstanding anything contained in this Act,
all proceedings in respect of a child alleged or found to be in conflict with law pending before any Board
or court on the date of commencement of this Act, shall be continued in that Board or court as if this Act
had not been enacted.
26. Provision with respect of run away child in conflict with law.—
(1) Notwithstanding anything
to the contrary contained in any other law for the time being in force, any police officer may take charge
of a child in conflict with law who has run away from a special home or an observation home or a place
of safety or from the care of a person or institution under whom the child was placed under this Act.
(2) The child referred to in sub-section
(1) shall be produced, within twenty-four hours, preferably
before the Board which passed the original order in respect of that child, if possible, or to the nearest
Board where the child is found.
(3) The Board shall ascertain the reasons for the child having run away and pass appropriate orders
for the child to be sent back either to the institution or person from whose custody the child had run away
or any other similar place or person, as the Board may deem fit:
Provided that the Board may also give additional directions regarding any special steps that may be
deemed necessary, for the best interest of the child.
(4) No additional proceeding shall be instituted in respect of such child.
CHAPTER V
CHILD WELFARE COMMITTEE
27. Child Welfare Committee.—
(1) The State Government shall by notification in the Official
Gazette constitute for every district, one or more Child Welfare Committees for exercising the powers and
to discharge the duties conferred on such Committees in relation to children in need of care and protection
under this Act and ensure that induction training and sensitisation of all members of the committee is
provided within two months from the date of notification.
(2) The Committee shall consist of a Chairperson, and four other members as the State Government
may think fit to appoint, of whom at least one shall be a woman and another, an expert on the matters
concerning children.
(3) The District Child Protection Unit shall provide a Secretary and other staff that may be required
for secretarial support to the Committee for its effective functioning.
1
[
(4) No person shall be appointed as a member of the Committee unless he has a degree in child
psychology or psychiatry or law or social work or sociology or human health or education or human
development or special education for differently abled children and has been actively involved in health,
1. Subs. by Act 23 of 2021, s. 9, for sub-section
(4) (w.e.f. 1-9-2022).
20
education or welfare activities pertaining to children for seven years or is a practicing professional with a
degree in child psychology or psychiatry or law or social work or sociology or human health or education
or human development or special education for differently abled children.
(4A) No person shall be eligible for selection as a member of the Committee, if he—
(i) has any past record of violation of human rights or child rights,
(ii) has been convicted of an offence involving moral turpitude, and such conviction has not been
reversed or has not been granted full pardon in respect of such offence,
(iii) has been removed or dismissed from service of the Government of India or State
Government or an undertaking or corporation owned or controlled by the Government of India or
State Government,
(iv) has ever indulged in child abuse or employment of child labour or immoral act or any other
violation of human rights or immoral acts, or
(v) is part of management of a child care institution in a District.]
(5) No person shall be appointed as a member unless he possesses such other qualifications as may
be prescribed.
(6) No person shall be appointed for a period of more than three years as a member of the Committee.
(7) The appointment of any member of the Committee shall be terminated by the State Government
after making an inquiry, if—
(i) he has been found guilty of misuse of power vested on him under this Act;
(ii) he has been convicted of an offence involving moral turpitude and such conviction has not
been reversed or he has not been granted full pardon in respect of such offence;
(iii) he fails to attend the proceedings of the Committee consecutively for three months without
any valid reason or he fails to attend 1[minimum] three-fourths of the sittings in a year.
2
[
(8) The Committee shall submit a report to the District Magistrate in such form as may be
prescribed and the District Magistrate shall conduct a quarterly review of the functioning of the
Committee.]
(9) The Committee shall function as a Bench and shall have the powers conferred by the Code of
Criminal Procedure, 1973 (2 of 1974) on a Metropolitan Magistrate or, as the case may be, a Judicial
Magistrate of First Class.
3
[
(10) The District Magistrate shall be the grievance redressal authority to entertain any grievance
arising out of the functioning of the Committee and the affected child or anyone connected with the child,
as the case may be, may file a complaint before the District Magistrate who shall take cognizance of the
action of the Committee and, after giving the parties an opportunity of being heard, pass appropriate
order.]
28. Procedure in relation to Committee.—
(1) The Committee shall meet at least twenty days in a
month and shall observe such rules and procedures with regard to the transaction of business at its
meetings, as may be prescribed.
1. Subs. by Act 23 of 2021, s. 9, for “less than” (w.e.f. 1-9-2022).
2. Subs. by s. 9, ibid., for sub-section
(8) (w.e.f. 1-9-2022).
3. Subs. by s. 9, ibid., for sub-section
(10) (w.e.f. 1-9-2022).
21
(2) A visit to an existing child care institution by the Committee, to check its functioning and well
being of children shall be considered as a sitting of the Committee.
(3) A child in need of care and protection may be produced before an individual member of the
Committee for being placed in a Children’s Home or fit person when the Committee is not in session.
(4) In the event of any difference of opinion among the members of the Committee at the time of
taking any decision, the opinion of the majority shall prevail but where there is no such majority, the
opinion of the Chairperson shall prevail.
(5) Subject to the provisions of sub-section
(1), the Committee may act, notwithstanding the absence
of any member of the Committee, and no order made by the Committee shall be invalid by reason only of
the absence of any member during any stage of the proceeding:
Provided that there shall be at least three members present at the time of final disposal of the case.
29. Powers of Committee.—
(1) The Committee shall have the authority to dispose of cases for the
care, protection, treatment, development and rehabilitation of children in need of care and protection, as
well as to provide for their basic needs and protection.
(2) Where a Committee has been constituted for any area, such Committee shall, notwithstanding
anything contained in any other law for the time being in force, but save as otherwise expressly provided
in this Act, have the power to deal exclusively with all proceedings under this Act relating to children in
need of care and protection.
30. Functions and responsibilities of Committee.—The functions and responsibilities of the
Committee shall include—
(i) taking cognizance of and receiving the children produced before it;
(ii) conducting inquiry on all issues relating to and affecting the safety and well-being of the
children under this Act;
(iii) directing the Child Welfare Officers or probation officers or District Child Protection Unit or
non-governmental organisations to conduct social investigation and submit a report before the
Committee;
(iv) conducting inquiry for declaring fit persons for care of children in need of care and
protection;
(v) directing placement of a child in foster care;
(vi) ensuring care, protection, appropriate rehabilitation or restoration of children in need of care
and protection, based on the child’s individual care plan and passing necessary directions to parents
or guardians or fit persons or children’s homes or fit facility in this regard;
(vii) selecting registered institution for placement of each child requiring institutional support,
based on the child’s age, gender, disability and needs and keeping in mind the available capacity of
the institution;
(viii) conducting at least two inspection visits per month of residential facilities for children in
need of care and protection and recommending action for improvement in quality of services to the
District Child Protection Unit and the State Government;
(ix) certifying the execution of the surrender deed by the parents and ensuring that they are given
time to reconsider their decision as well as making all efforts to keep the family together;
(x) ensuring that all efforts are made for restoration of abandoned or lost children to their families
following due process, as may be prescribed;
(xi) declaration of orphan, abandoned and surrendered child as legally free for adoption after due
inquiry;
22
(xii) taking suo motu cognizance of cases and reaching out to children in need of care and
protection, who are not produced before the Committee, provided that such decision is taken by at
least three members;
(xiii) taking action for rehabilitation of sexually abused children who are reported as children in
need of care and protection to the Committee by Special Juvenile Police Unit or local police, as the
case may be, under the Protection of Children from Sexual Offences Act, 2012 (32 of 2012);
(xiv) dealing with cases referred by the Board under sub-section
(2) of section 17;
(xv) co-ordinate with the police, labour department and other agencies involved in the care and
protection of children with support of the District Child Protection Unit or the State Government;
(xvi) in case of a complaint of abuse of a child in any child care institution, the Committee shall
conduct an inquiry and give directions to the police or the District Child Protection Unit or labour
department or childline services, as the case may be;
(xvii) accessing appropriate legal services for children;
(xviii) such other functions and responsibilities, as may be prescribed.
CHAPTER VI
PROCEDURE IN RELATION TO CHILDREN IN NEED OF CARE AND PROTECTION
31. Production before Committee.—
(1) Any child in need of care and protection may be produced
before the Committee by any of the following persons, namely:—
(i) any police officer or special juvenile police unit or a designated Child Welfare Police Officer
or any officer of District Child Protection Unit or inspector appointed under any labour law for the
time being in force;
(ii) any public servant;
(iii) Childline Services or any voluntary or non-governmental organisation or any agency as may
be recognised by the State Government;
(iv) Child Welfare Officer or probation officer;
(v) any social worker or a public spirited citizen;
(vi) by the child himself; or
(vii) any nurse, doctor or management of a nursing home, hospital or maternity home:
Provided that the child shall be produced before the Committee without any loss of time but within a
period of twenty-four hours excluding the time necessary for the journey.
(2) The State Government may make rules consistent with this Act, to provide for the manner of
submitting the report to the Committee and the manner of sending and entrusting the child to children’s
home or fit facility or fit person, as the case may be, during the period of the inquiry.
32. Mandatory reporting regarding a child found separated from guardian.—
(1) Any individual
or a police officer or any functionary of any organisation or a nursing home or hospital or maternity
home, who or which finds and takes charge, or is handed over a child who appears or claims to be
abandoned or lost, or a child who appears or claims to be an orphan without family support, shall within
twenty-four hours (excluding the time necessary for the journey), give information to the Childline
Services or the nearest police station or to a Child Welfare Committee or to the District Child Protection
Unit, or hand over the child to a child care institution registered under this Act, as the case may be.
1
[
(2) The information regarding a child referred to in sub-section
(1) shall be uploaded by the
Committee or the District Child Protection Unit or the child care institution, as the case may be, on a
portal as may be specified by the Central Government in this behalf.]
1. Subs. by Act 23 of 2021, s. 10, for sub-section
(2) (w.e.f. 1-9-2022).
23
33. Offence of non-reporting.—If information regarding a child as required under section 32 is not
given within the period specified in the said section, then, such act shall be regarded as an offence.
34. Penalty for non-reporting.—Any person who has committed an offence under section 33 shall
be liable to imprisonment up to six months or fine of ten thousand rupees or both.
35. Surrender of children.—
(1) A parent or guardian, who for physical, emotional and social factors
beyond their control, wishes to surrender a child, shall produce the child before the Committee.
(2) If, after prescribed process of inquiry and counselling, the Committee is satisfied, a surrender deed
shall be executed by the parent or guardian, as the case may be, before the Committee.
(3) The parents or guardian who surrendered the child, shall be given two months time to reconsider
their decision and in the intervening period the Committee shall either allow, after due inquiry, the child
to be with the parents or guardian under supervision, or place the child in a Specialised Adoption Agency,
if he or she is below six years of age, or a children’s home if he is above six years.
36. Inquiry.—
(1) On production of a child or receipt of a report under section 31, the Committee
shall hold an inquiry in such manner as may be prescribed and the Committee, on its own or on the report
from any person or agency as specified in sub-section
(2) of section 31, may pass an order to send the
child to the children’s home or a fit facility or fit person, and for speedy social investigation by a social
worker or Child Welfare Officer or Child Welfare Police Officer:
Provided that all children below six years of age, who are orphan, surrendered or appear to be
abandoned shall be placed in a Specialised Adoption Agency, where available.
(2) The social investigation shall be completed within fifteen days so as to enable the Committee to
pass final order within four months of first production of the child:
Provided that for orphan, abandoned or surrendered children, the time for completion of inquiry shall
be as specified in section 38.
(3) After the completion of the inquiry, if Committee is of the opinion that the said child has no
family or ostensible support or is in continued need of care and protection, it may send the child to a
Specialised Adoption Agency if the child is below six years of age, children’s home or to a fit facility or
person or foster family, till suitable means of rehabilitation are found for the child, as may be prescribed,
or till the child attains the age of eighteen years:
Provided that the situation of the child placed in a children’s home or with a fit facility or person or a
foster family, shall be reviewed by the Committee, as may be prescribed.
(4) The Committee shall submit a quarterly report on the nature of disposal of cases and pendency of
cases to the District Magistrate in the manner as may be prescribed, for review of pendency of cases.
(5) After review under sub-section
(4), the District Magistrate shall direct the Committee to take
necessary remedial measures to address the pendency, if necessary and send a report of such reviews to
the State Government, who may cause the constitution of additional Committees, if required:
Provided that if the pendency of cases continues to be unaddressed by the Committee even after three
months of receiving such directions, the State Government shall terminate the said Committee and shall
constitute a new Committee.
(6) In anticipation of termination of the Committee and in order that no time is lost in constituting a
new Committee, the State Government shall maintain a standing panel of eligible persons to be appointed
as members of the Committee.
(7) In case of any delay in the constitution of a new Committee under sub-section
(5), the Child
Welfare Committee of a nearby district shall assume responsibility in the intervening period.
37. Orders passed regarding a child in need of care and protection.—
(1) The Committee on being
satisfied through the inquiry that the child before the Committee is a child in need of care and protection,
24
may, on consideration of Social Investigation Report 1[***] and taking into account the child’s wishes in
case the child is sufficiently mature to take a view, pass one or more of the following orders, namely:—
(a) declaration that a child is in need of care and protection;
(b) restoration of the child to parents or guardian or family with or without supervision of Child
Welfare Officer or designated social worker;
(c) placement of the child in Children’s Home or fit facility or Specialised Adoption Agency for
the purpose of adoption for long term or temporary care, keeping in mind the capacity of the
institution for housing such children, either after reaching the conclusion that the family of the child
cannot be traced or even if traced, restoration of the child to the family is not in the best interest of the
child;
(d) placement of the child with fit person for long term or temporary care;
(e) foster care orders under section 44;
(f) sponsorship orders under section 45;
(g) directions to persons or institutions or facilities in whose care the child is placed, regarding
care, protection and rehabilitation of the child, including directions relating to immediate shelter and
services such as medical attention, psychiatric and psychological support including need-based
counselling, occupational therapy or behaviour modification therapy, skill training, legal aid,
educational services, and other developmental activities, as required, as well as follow-up and
coordination with the District Child Protection Unit or State Government and other agencies;
(h) declaration that the child is legally free for adoption under section 38.
(2) The Committee may also pass orders for—
(i) declaration of fit persons for foster care;
(ii) getting after care support under section 46 of the Act; or
(iii) any other order related to any other function as may be prescribed.
38. Procedure for declaring a child legally free for adoption.—
(1) In case of orphan and
abandoned child, the Committee shall make all efforts for tracing the parents or guardians of the child and
on completion of such inquiry, if it is established that the child is either an orphan having no one to take
care, or abandoned, the Committee shall declare the child legally free for adoption:
Provided that such declaration shall be made within a period of two months from the date of
production of the child, for children who are up to two years of age and within four months for children
above two years of age:
Provided further that notwithstanding anything contained in this regard in any other law for the time
being in force, no first information report shall be registered against any biological parent in the process
of inquiry relating to an abandoned or surrendered child under this Act.
(2) In case of surrendered child, the institution where the child has been placed by the Committee on
an application for surrender, shall bring the case before the Committee immediately on completion of the
period specified in section 35, for declaring the child legally free for adoption.
(3) Notwithstanding anything contained in any other law for the time being in force, a child of a
mentally retarded parents or a unwanted child of victim of sexual assault, such child may be declared free
for adoption by the Committee, by following the procedure under this Act.
(4) The decision to declare an orphan, abandoned or surrendered child as legally free for adoption
shall be taken by at least three members of the Committee.
1. The words “submitted by Child Welfare Officer” omitted by Act 23 of 2021, s. 11 (w.e.f. 1-9-2022).
25
(5) The Committee shall inform 1 [the District Magistrate] the State Agency and the Authority
regarding the number of children declared as legally free for adoption and number of cases pending for
decision in the manner as may be prescribed, every month.
CHAPTER VII
REHABILITATION AND SOCIAL RE-INTEGRATION
39. Process of rehabilitation and social re-integration.—
(1) The process of rehabilitation and
social integration of children under this Act shall be undertaken, based on the individual care plan of the
child, preferably through family based care such as by restoration to family or guardian with or without
supervision or sponsorship, or adoption or foster care:
Provided that all efforts shall be made to keep siblings placed in institutional or non-institutional care,
together, unless it is in their best interest not to be kept together.
(2) For children in conflict with law the process of rehabilitation and social integration shall be
undertaken in t
