Draft on amendment of Children Act placed to HC

The law ministry today submitted to the High Court a draft on the amendment of the Children Act, 2013 incorporating a provision for the police to prepare separate inquiry or investigation reports of an offence in which an adult and a child are involved.

If any child commits the offence, the case documents will be sent to the Shishu Adalot (Juvenile Court) and if any adult commits the offence, the relevant papers of the case will be sent to the conducting court having relevant jurisdiction, according to the draft.

The public prosecutor concerned will be informed about sending the case documents to the courts, the law ministry said in the draft, adding that one or more Juvenile Courts will be established in every district for trying the offence committed by the children. 

The law ministry placed the draft of the amendment to the HC through Deputy Attorney General Farhad Ahmed, as this court had earlier order the government to amend the Children Act, 2013 through removing the ambiguity over trying an adult under the law.

After receiving the draft of the amendment, the HC bench of Justice M Enayetur Rahim and Justice Shahidul Karim fixed February 12 for passing an order on this issue.

Under the Children Act, 2013, only the Child Court is empowered to hold trial of an offence if a child is a victim or a witness in a case. However, the law does not specify which court is supposed to hold the trial if an adult is accused in a case under this law.

Earlier, on August 14, 2016 during hearing four bail petitions, the HC had ordered secretaries to the law and justice; and legislative and parliamentary affairs divisions under the law ministry, and the social welfare ministry to explain the “ambiguity” in the Children Act, 2013 over the holding of trial of an adult accused in a case filed under this law.