Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 1] [Entire Act]

State of Punjab - Section

Section 22 in The East Punjab Children Act, 1949

22. Warrant to search for child ill-treated.

(1)If it appears to a [judicial magistrate] [Substituted for the word 'magistrate' by Punjab Act 25 of 1964, section 2 and Schedule, Part III.] duly empowered under this Act from information on oath or solemn affirmation laid by any person who, in the opinion of the [judicial magistrate] [Substituted for the word 'magistrate' by Punjab Act 25 of 1964, section 2 and Schedule, Part III.] is acting in the interests of a child, that there is reasonable cause to suspect that -
(a)a child has been or is being wilfully ill-treated or wilfully neglected in anyplace within its jurisdiction in a manner likely to cause the child unnecessary suffering or to be injurious to his health; or
(b)that an offence punishable under this Act or under Chapter XVI of the Indian Penal Code, has been or is being committed in respect of the child, the [judicial magistrate] [Substituted for the word 'magistrate' by Punjab Act 25 of 1964, section 2 and Schedule, Part III.] 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 authorising any police officer named therein to search for such child and if it is found that he has been or is being wilfully ill- treated or neglected in manner aforesaid or that any offence as aforesaid has been or is being committed in respect of the child, to take him to, and detain him in, place of safety until he can be brought before the [judicial magistrate] [Substituted for the word 'magistrate' by Punjab Act 25 of 1964, section 2 and Schedule, Part III.], or authorising 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 [judicial magistrate] [Substituted for the word 'magistrate' by Punjab Act 25 of 1964, section 2 and Schedule, Part III.] and the [judicial magistrate] [Substituted for the word 'magistrate' by Punjab Act 25 of 1964, section 2 and Schedule, Part III.] 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, had been commuted 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 [judicial magistrate] [Substituted for the word 'magistrate' by Punjab Act 25 of 1964, section 2 and Schedule, Part III.] 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 curt she causes the said child to be produced in court.
(2)A [judicial magistrate] [Substituted for the word 'magistrate' by Punjab Act 25 of 1964, section 2 and Schedule Part III.] 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 [judicial magistrate] [Substituted for the word 'magistrate' by Punjab Act 25 of 1964, section 2 and Schedule, Part III.] at a specified time and thereafter until otherwise directed by the [judicial magistrate] [Substituted for the word 'magistrate' by Punjab Act 25 of 1964, section 2 and Schedule, Part III.] 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 [judicial magistrate] [Substituted for the word 'magistrate' by Punjab Act 25 of 1964, section 2 and Schedule, Part III.] 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.