(1)If it appears to a magistrate duly empowered under this Act, from information on oath or solemn affirmation laid by any person who in the opinion of the magistrate is acting in the interests of a child that there is reasonable cause to suspect that-(a)the child has been or is being willfully ill-treated or neglected in any place within its jurisdiction in a manner likely to cause the child unnecessary suffering or to be injurious to health; or -(b)an offence punishable under this Act, or under Chapter XVI of the Indian penal Code, 1860, has been or is being committed in respect of the child;the Magistrate may issue a summons in the first instance against the person or persons in whose care, custody or control such child is, to produce forthwith the said child in court, or may issue a warrant authorizing any police officer named therein to search for such child and if it is found that he has been or is being willfully ill-treated or neglected in the manner aforesaid or that any offence as aforesaid has been as is being committed in respect of the child to take him to and detain him in a place of safety until he call be brought before the Magistrate, or authorizing any police officer to remove the child with or without search, to a place of safety and detain him there until he can be brought before the Magistrate and the Magistrate before whom the child is brought may commit him to the care of a relative or other fit person in like manner as if the person in whose charge or control he was committed for trial for an offence punishable under this Act :Provided that if the said child is in the custody or control of a parent or guardian who being a female does not according to the customs and manners of the country appear in public the Magistrate shall ordinarily issue a summons and the person to whom such summons is issued shall be deemed to have complied with the summons if instead of personally attending in court she causes the aid child to be produced in court.(2)A Magistrate issuing a warrant under this section may in his discretion by the same warrant direct that any person accused of any offence in respect of the child be apprehended and brought before him, or direct that, if such person executes a bond with sufficient sureties for his attendance before the Magistrate at a specified time and thereafter until otherwise directed by the Magistrate, the officer to whom the warrant is directed shall take such security and shall release such person from custody.(3)The police officer executing the warrant shall be accompanied by the person laying the information if such person so desires and may also if the Magistrate by whom the warrant is issued so directs be accompanied by a duly qualified medical practitioner.(4)In any information or warrant under this section the name of the child shall be given if known.
