3. Power of court in respect of children needing care or protection.
(1)Any police officer or other person authorized in this behalf in the manner prescribed may bring before a court any person apparently under the age of sixteen years who -(a)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 having a parent or guardian who is incapable of exercising or does not ordinarily exercise proper care and guardianship over him, or(b)is found begging or receiving alms (whether or not there is any pretence of singing, playing, performing, offering anything for sale or otherwise) or being in any street, premises or place for the purpose of so begging or receiving alms, or(c)is found destitute, and whose parents or surviving parent, and in the case of an illegitimate child whose mother, or other guardian are or is, undergoing a sentence of transportation or imprisonment, or .(d)is under the care of a parent or guardian who, by reason of criminal or drunken habits, is unfit to have the care of the child or who habitually neglects or cruelly ill-treats child, or(e)frequents the company of any reputed thief, or(f)is living lodging or residing in a house or part of a house used by any prostitute for the purposes of prostitution or is otherwise in circumstances calculated to cause, encourage or favour his seduction or prostitution, or(g)is otherwise likely to fall into bad association or to be exposed to moral danger, or to enter upon a life of crime :Provided that where any such child has a parent or guardian who has actual charge or control over the child, the person or the officer aforesaid, as the case may be, shall in the first instance make a report to the nearest Court and such Court; may call upon such parent or guardian to show cause why the child should not during the pendency of the proceedings be removed from his care and may, on suitable sureties being offered for the safety of such child and for his being brought before the Court, permit the child to remain in the actual charge of his parents or guardian or may order his removal till the Court passes orders under this Act.Explanation. - A child shall not be treated as corning within the description contained in sub-clause (f), if the house in which he is lodging or-residing is the house of his mother, who is a prostitute.(2)If the Court is satisfied on enquiry that such person is a child and is as described within the provisions of sub- section. (1) and that it is expedient to deal with him the Court may either-(a)order him to be sent to an approved school or to the care of any fit person, whether a relative or not, who is willing to undertake the care until such child attains the age of 18 years or for such shorter period as may be specified, or ;(b)order his parent or guardian, if any, to enter into a recognizance to exercise proper care and guardianship for specified period not exceeding three years, or(c)without making any other order, or in addition to making an order under either of the preceding paragraphs, make an order placing him for a specified period, not exceeding three years, under the supervision of a Reformation Officer or of some other person appointed for the purpose by the Court.(3)If, after enquiry, the Court is satisfied that the child has been living by begging at the instance of and for the profit of any person who is a professional keeper of begging children, the Court may direct such person to appear before it and, after hearing him, may direct him to pay toward the cost of proceedings any amount not exceeding twenty-five rupees and such cost shall be realizable under the provisions of the Code of Criminal Procedure, 1898, as if it were a fine.
