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Bombay Presidency - Section

Section 40 in The Bombay Children Act, 1948

40. Children found homeless, destitute, etc.

- Any police officer [or any Child Welfare Officer (Probation)] [These words and brackets were inserted by Maharashtra 54 of 1975, Section 23.] or other person authorised in this behalf in accordance with the rules made by the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government, may bring -
(i)before a juvenile court if such court is established for the area and is sitting,
(ii)if a juvenile court is not established for the area or if it is not sitting before a Magistrate empowered under section 8 with the powers of a juvenile court, or
(iii)if there is no court of the kind specified in items (i) and (ii) above, before any Magistrate.
any person, who in his opinion is a child and who -
(a)has no home, or is found wandering without any settled place of abode and without visible means of subsistence, or is found begging or is found doing for a consideration any act under circumstances contrary to the well-being of the child; or
(b)is destitute or is illegitimate without means of subsistence, other than that of charity, or has no parent or guardian, or has a parent or guardian unfit to exercise or incapable of exercising proper care and guardianship, or who is not exercising proper care and guardianship: or
(c)is known to associate or live with any prostitute or person or persons of criminal or drunken habits; or
(d)is lodging or residing in or frequently going to a place or places used for the purposes of prostitution; or
(e)is otherwise likely to fall into bad association or to be exposed to moral danger, or to enter upon a life of crime.