21. Orders that may not be passed against delinquent children.
(1)Notwithstanding anything to the contrary contained in any other law for the time being in force, no delinquent child shall be sentenced to death or imprisonment, or committed to prison in default of payment of fine or in default of furnishing security :Provided that where a child at the time of the commission of the offence was of the age of fourteen years or above and the children's court is satisfied that the offence committed is of so serious a nature or that his conduct and behaviour have been such that it would not be in his interest or in the interest of other children in a special school to send him to such special school and that none of the other measures provided under this Act is suitable or sufficient, the children's court may order the delinquent child to be kept in the observation home or with the parent, guardian or a fit person, on such conditions as may be imposed and shall report the case for the orders of the State Government.(2)On receipt of a report from a children's court under sub-section (1), the State Government may make such arrangement in respect of the child as it deems proper and may order such delinquent child to be detained at such place, on such conditions and for such period as it thinks fit :Provided that the period of detention so ordered shall not exceed the maximum period of imprisonment to which the child could have been sentenced for the offence committed.(3)Save as provided in this Act, the word "conviction" and "sentence" shall cease to be used in relation to children dealt with under this Act and any reference in any enactment to a person convicted, a conviction or a sentence shall, in the case of a child, be constructed as a reference to a person found guilty of an offence, a finding of guilt or an order made upon such a finding, as the case may be.
