23. 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 who has attained the age of fourteen years has committed an offence and the Children's Court is satisfied that the offence committed is of so serious 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 safe custody in such place and manner as it thinks fit and shall report the case for the orders of the Government.(2)On receipt of the report from the Children's Court under Sub-section (1), the Government may make such arrangement in respect of the child as they deem proper and may order such delinquent child to be detained at such place and on such conditions as they think 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.
