The
Children's Act 1974
Definition
of Children and Age Determination
Section 2(f): A child means a person under the age of 16 years
Section 66: Whenever a person is brought before any
criminal court and it appears to the court that he is a child, the court
shall make an inquiry as to the age of that person and, for the purpose
shall take such evidence as may be forthcoming at the hearing of that
case, and shall record a finding thereupon, stating his age as nearly
as may be.
Initial Contact with Law Enforcing Agencies
and Bail
Section 48: Where a person apparently under the age of 16 years is arrested
on a charge of non-bailable offence and cannot be brought forthwith
before a court, the officer-in-charge of the police station may release
him/her on bail.
Section 49: Where a person apparently under the age
of sixteen years having been arrested is not released on bail, the officer-in-charge
of the police station shall cause him/her to be detained in a remand
home or a place of safety until he can be brought before a court.
A court, on remanding for trial a child who is not released
on bail, shall order him to be detained in a remand home or a place
of safety.
Section 50: Immediately after the arrest of a child,
it shall be the duty of the police officer or any other person affecting
the arrest to inform the Probation Officer of such arrest in order to
enable the Probation Officer to proceed forthwith in obtaining information
regarding the antecedents and family history and other material circumstances
likely to assist the Court in making its order.
Section: 13(2): Where the child is arrested, the officer-in-charge
of the police station to which he/she is brought shall forthwith inform
the parent or guardian of such arrest, if found and shall also cause
them to be directed to attend the court before which the child will
appear and specify the date of such appearance.
Jurisdiction and Trial
Section 4: The powers conferred on a Juvenile Court shall be exercisable
by the High Court Division a court of Session, a Court Additional Sessions
Judge and of an Assistant Sessions Judge and a Magistrate of the first
class.
Section 6: No child shall be charged with or tired for
any offence together with an adult.
Section 7: In the trial of a case in which a child is
charged with an offence Court shall sit in a building, or a room different
from that in which the ordinary sittings of the Court are held, or on
different days, or at different times from those at which the ordinary
sitting of the Court are held.
Section 8: When a child is accused along with an adult
of having committed an offence, the case shall be separated and transferred
to the Juvenile Court or the Court empowered to exercise the powers
of a Juvenile Court.
Punishment
Section 51: No child shall be sentenced to death, transportation, or
imprisonment unless the court is of the opinion that the crime committed
is of so serious nature or the child is so unruly or depraved that he
can not be committed to a certified institute, the child can be sentenced
to imprisonment.
A youthful offender sentenced to imprisonment shall
not be allowed to associate with the adult prisoners.
Section 15: For the purpose of any order with a Court
has to pass under the Children's Act, the Court shall have regard to
the following factors: the character and age of the child; the circumstances
in which the child is living; the reports made by the probation officer;
and such other matters required to be taken into consideration in the
interests of the child.
Section 53: A court may discharge any young offender
after due admonition, release on probation of good conduct or commit
a child to the care of a fit person executing a bond with or without
sureties.
Confidentiality and Non-stigmatization
Section 9 & 10: The trial of juveniles shall be held in camera i.e.
only people directly involved in the case and the officers of the court
can be present during the trial. The Court may also ask people not involved
with the case to withdraw.
Section 16 & 17: The report of Probation Officer
or any other report considered by the Court under 15 shall be treated
as confidential and publication of report of proceedings, photograph
of child leading directly or indirectly the identity of such child is
prohibited and punishable by a fine of tk 200.
Section 70 & 71: Words convictions and sentenced
can not be used in relation to children and when a child is found to
have committed any offence, the fact that she/he has been so found shall
not operate as a disqualification for any office, employment or election
under any law.
Probation Officer for Specialized Assistance
Section 31: A Juvenile Court may appoint Probation Officers from among
suitable persons in the district, if there is no Probation Officer in
its area and may appoint a Probation Officer for a particular juvenile.
His duties to be under the supervision of the Juvenile Court and where
no court exists, the Court of Sessions.
Duties of the Probation Officer include: visit or receives
visits from the child at reasonable intervals; see that the conditions
of bond are fulfilled; report to the Court as to the behaviour of the
child; advise assist and befriend the child and, where necessary, endeavor
to find him suitable employment; and perform and any other duty which
may be prescribed.
Institution and Accommodations
Section 2(j): Place of safety includes remand home, or any other suitable
place or institution and where such institution is not available, in
the case of male children only, a police station in which arrangements
are available or can be made for keeping children in custody separately
from other offenders.
Section 20: "Remand Home" is a place established
and maintained by government for the purposes of detention, diagnosis,
and classification of children committed to custody by the Court or
Police.
