27. Children liable to be sent to industrial schools.- (1) In any area to which the 1[State Government] may, by notification in the 3[Official Gazette], direct that this section or any portion of it shall apply, a Court having jurisdiction under this Act-
(i)upon receiving a petition in this behalf, or(ii)upon a police report, or(iii)upon its own knowledge or suspicion,may, either by a summons to the parent or guardian of a child apparently under the age of fourteen years or by a warrant lobe executed by a police-officer not below the rank of sub-inspector or by some other person authorized by the 1[State Government] in this behalf, order the production of such child on such a day as may be specified in the summons or warrant if the Court has reason to believe that the child-(a)lives by begging; or(b)is destitute, not being an orphan and having both parents or his surviving parent, or in the case of an illegitimate child his mother, undergoing transportation or imprisonment; or(c)is under the care of a parent or guardian who, by reason of criminal of drunken habits, is until to have the care of the child; or(d)is under the care of a parent or guardian who habitually neglects or cruelly ill-treats the child; or(e)frequents the company of any reputed thief or prostitute; or(f)is living in circumstances calculated to cause, encourage or favour the seduction or prostitution or the child.(2)In any such area, any person authorized by the 1[State Government] in this behalf may bring before a Juvenile Court or Court of a Magistrate having jurisdiction under this Act any child apparently under the age of fourteen years who-(a)is found in any street or place of public resort begging or receiving alms (whether or not there is any presence of, singing, playing, performing, offering anything for sale, or otherwise), or being in any such street or place for the purpose of so begging or receiving alms; or(b)is found wandering and not having any home or settled place of abode, or visible means of subsistence, or is found wandering and having no parent or guardian, or a parent or guardian who does not exercise proper guardianship; or.(c)is found destitute, not being an orphan and having both parents or his surviving parent, or in the case of an illegitimate child his mother, undergoing transportation or imprisonment; or(d)frequents the company of any reputed thief or prostitute; or(e)lives in houses of ill-fame; or(f)is subject to cruel treatment;and the Court before which a child is brought as coming within one of those descriptions shall examine the information and record the substance of such examination, and shall, if it thinks that there are sufficient grounds for inquiring further, fix a date for such inquiry.(3)On the date fixed for the production of the child under sub-section (1) or for the inquiry under sub-section (2), or on any subsequent date to which the proceedings may be adjourned, the Court shall hear and record all evidence which may be adduced and consider any cause which may be shown why an order sending the child to an industrial school should not be passed and make any further inquiry it thinks fit.(4)If, after inquiry, the Court is satisfied that it is expedient to send the child to an industrial school, it shall pass an order to that effect.(5)If, after inquiry, the Court is satisfied that the child has been living by begging at the instance or for the profit of any person who is a professional keeper of begging children, then the Court may direct such person to appear before it and, after hearing him in his defence, may, in its discretion, direct him to pay towards the cost of the proceedings any amount not exceeding twenty-five rupees, and such cost shall he realizable under the provisions of the Code of Criminal Procedure, 1898 (Act V of 1898), as if it were fit fine.
