20. Orders that may be passed regarding delinquent children.
(1)Where a children's court is satisfied on inquiry that a child has committed an offence, then notwithstanding anything to the contrary contained in any other law for the time being in force, the children's court may, if it thinks fit, -(a)allow the child to go home after advice or admonition;(b)direct the child to be released on probation of good conduct and placed under the care of any parent, guardian, or other fit person on his executing a bond with or without surety as the court may require for the good behaviour and well-being of the child for any period not exceeding three years;(c)make an order directing the child to be sent to a special school -(i)in the case of a boy over fourteen years of age or of a girl over sixteen years of age, for a period of not less than three years;(ii)in the case of any other child, for the period until he ceases to be a child:Provided that the children's court may, if it is satisfied that having regard to the nature of the offence and the circumstances of the case it is expedient so to do, for reasons to be recorded, reduce the period of stay of such period as it thinks fit:Provided further that the children's court may, for reasons to be recorded, extend the period of such stay, but in no case the period of stay shall extend beyond the time when the child attains the age of eighteen years, in the case of a boy, or twenty years, in the case of a girl;(d)order the child to pay a fine if he is over fourteen years of age and earns money.(2)Where an order under clause (b) or clause (d) of sub-section (1) is made, the children's court may, if it is of opinion that in the interest of the child and of the public it is expedient so to do, in addition make an order that the delinquent child shall remain under the supervision of a probation officer named in the order during such period, not exceeding three years, as may be specified therein, and may in such supervision order impose such conditions as it deems necessary for the due supervision of the delinquent child :Provided that if at any time afterwards it appears to the children's court on receiving a report from the probation officer or otherwise, that the delinquent child has not been of good behaviour during the period of supervision, it may, after making such inquiry as it deems fit, order the delinquent child to be sent to a special school.(3)The children's court making a supervision order under sub-section (2) shall explain to the child and the parent, guardian or other fit person, as the case may be, under whose care the child has been placed, the terms and conditions of the order and shall forthwith furnish one copy of the supervision order to the child, the parent, guardian or other fit person, as the case may be, the sureties, if any, and the probation officer.(4)In determining the special school, or any person to whose custody a child is to be committed or entrusted under this Act, the court shall pay due regard to the religious persuasion of the child to ensure that religious instruction contrary to the religious persuasion of the child is not imparted to him.(5)Where a child is found to have committed an offence punishable with fine and the children's court is of the opinion that the case would be best met by the imposition of a fine, whether with or without any other punishment, the court may in any case, and shall if the child is under fourteen years of age, order that the fine be paid by the parent or guardian of the child, unless the court is satisfied that the parent or guardian cannot be found or that he has not caused the commission of the offence by neglecting to exercise due care of the child.(6)An order under this section may be made against a parent or guardian, who, having been required to attend, has failed to do so, but save as aforesaid no such order shall be made without giving the parent or guardian an opportunity of being heard.(7)Where a parent or guardian is directed to pay a fine under this section, the amount may be recovered in accordance with the provisions of the Code of Criminal Procedure, 1989 (Central Act 5 of 1989).(8)A parent or guardian may appeal against any such order as if the order were a sentence passed in the proceedings against him.
