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State of West Bengal - Section

Section 45 in West Bengal Children Act, 1959

45. Children accompanying mothers in prison.

(1)When any woman having children is remanded to jail custody being accused of an offence or on conviction for an offence or on any other around, the Court or other authority remanding her to such custody, on being satisfied that the father of the children, if living, is unable to take charge of or to look after them, or that there is no suitable friend or relation who can take charge of and look after them, may notwithstanding anything in any other law, order that-
(a)any such children not being more than two years of age, may
(b)any such children above two years of age may be sent to and kept in a reception home or a reformatory school for children other than juvenile delinquents or an industrial school, as the Court or other authority may think fit, as if such children were neglected children.
(2)If any such woman as aforesaid is released from prison on bail or otherwise, the Court or other authority may, on application made by her, direct the release of the children kept in a reception home, or a reformatory or industrial school in pursuance of an order made under sub-section (1).