26. Orders that may be passed regarding juvenile delinquents.
(1)Where the Court is satisfied on inquiry that a child has committed an offence, then notwithstanding any provision to the contrary relating to the punishment for such offence contained in any law for the time being in force, [he Court may-(a)make an order directing the juvenile delinquent to be sent to a reformatory or borstal school, as the case may be, to be detained there far a period which shall not be less than two or more than five years:Provided that where a juvenile delinquent attains the age of fourteen years before the expiry of the period of his stay in a reformatory school he shall be transferred to a borstal school to be detained there for the unexpired period:Provided further that the Stale Government may, if satisfied on the report of the managers of a school about the need for further detention of a child who has been dealt with as a juvenile delinquent, extend the term of his detention to any period not beyond the age of twenty-one years and may transfer him, if necessary, having regard to his age, from a reformatory to a borstal school; or(b)make an order discharging the juvenile delinquent after due admonition; or(c)direct the juvenile delinquent to be released on probation of good conduct and placed under the care of a parent, guardian or other person considered by the Court to be a fit person on such parent, guardian or other person executing a bond, with or without sureties as a Court may require, for the good behaviour and proper training of the juvenile delinquent for a period not exceeding three years; or(d)order the juvenile delinquent, if he is above the age of fourteen years and is lawfully employed, to pay such fine not exceeding one hundred rupees as the Court may think fit to impose and in default of payment to be detained in a borstal school for such period as the Court may direct; or(e)order the parent or guardian of the juvenile delinquent, if such delinquent be under fourteen years of age, to pay such fine not exceeding 'one hundred rupees as the Court may think fit to impose, provided that no such order shall be passed unless the Court is satisfied that the parent or guardian has failed to exercise proper control or has neglected the juvenile delinquent and that he has sufficient means to pay the fine imposed.(2)Where the Court makes an order under clause (c) of sub-section l), it may further direct that the juvenile delinquent be placed under the supervision of a person to be appointed by the Court with his consent for such period as may be specified in the order:Provided that if at any time within three years of such order it appears to the Court on receiving information from the person appointed by the Court or otherwise that the juvenile delinquent has not been of good behaviour, it may, after such inquiry as it deems fit, order the juvenile delinquent to be sent to a reformatory or borstal school to be detained there for such period, as the Court may direct.(3)An order under clause (c) of sub-section (1) 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.(4)Any order directing that a parent or guardian shall pay a fine under this section may be executed in accordance with the provisions of the Code of Criminal Procedure, 1898.
