Section 21(3) in The East Punjab Children Act, 1949
(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.
