(1)Where any person having the actual charge of or control over a child has been -(a)convicted of committing in respect of such child an offence punishable under this Act or under Chapter XVI of the Indian Penal Code; or(b)committed for trial for any such offence; or(c)bound over to keep the peace towards such child by any court; that court may either at the time when the person is so convicted, committed for trial or bound over or at any other time, order that the child be taken out of the charge and control of the person so convicted, committed for trial or bound over and be committed to the care of a relative of the child or other fit person named by the court (such relative or other person being willing to undertake such care) until he attains the age of sixteen years or for any shorter period and that court or any court of like jurisdiction may, of its own motion or on the application of any person, from time to time by order re-new, vary and revoke any such order.(2)The court which makes an order committing a child to the care of the relative or other fit person under this section may require such relative or other person to execute a bond with or without sureties, to be responsible for the good behaviour of the child and for the observance of such other conditions as the court may impose for securing that the child may lead an honest and industrious life, and may further order that the child be placed under the supervision of a probation officer or other person named by the court.(3)If the child has a parent or legal guardian, no order shall be made under this section unless -(i)the parent or legal guardian has been convicted of, or committed for trial for the offence or has been bound over to keep the peace towards the child or cannot be found; or(ii)the court has reason to believe that the parent or legal guardian has either been party or privy to the offence or has by any act or omission facilitated the offence, or is, otherwise unfit to have the care of the child;Provided that if the court thinks fit, it may on such parent or guardian giving an undertaking with or without sureties in a prescribed form to the court allow such child to remain in the custody of such parent or legal guardian subject to the supervision of a probation officer or other person named by the court.(4)Every order this section shall be in writing and any such order may be made by the court in the absence of the child; and the consent of any person to undertake the care of the child in pursuance of any such order shall be taken in such manner as the court may think sufficient to bind him.(5)Where an order is made under this section and the conviction or order binding the person to keep the peace is set aside or the person is acquitted, the order shall forthwith be void except with regard to anything that may have been lawfully done under it.(6)The court may instead of ordering the child to be committed to the care of a relative or other fit person, order that the child shall be sent to a certified school.
