Judicial Magistrate]; and the #[ Judicial Magis- — 1949 : East Pb. Act XXXIX CHILDREN 457

4 Judicial Magistrate]; and the #[ Judicial Magis- te] before whom the child is brought 4 Judicial Magistrat trate] before whom im to nd the #[ Judicial Magis- the child is brought a relative or trate] before whom the child is br may commit him to the care of a relative or er fit person in like manner as if the person 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 other fit person in like manner as if the person in whose charge or control he was, had been ted for trial for an offence punishable in whose charge or control he was, had been committed for trial for an offence punishable under this Act: committed for under this Act: child to be produced in court. (2) A [Judicial Magistrate] issuing a warrant under section may in his discretion by the same warrant direct (2) A [Judicial Magistrate] issuing a warrant this section may in his discretion by the same warrant that any person accused of any offence in respect ofthe t under direct child ( this section may in his discretion by the same warrant direct that any person accused of any offence in respect ofthe child be apprehended and brought before him, or direct that_if es for this secti that any person accused of any offence in respect ofthe child be apprehended and brought before him, or direct that_if such person executes a bond with sufficient sureties for at a tha be apprehended and brought before him, or direct that such person executes a bond with sufficient sureties is attendance before the 1Judicial Magistrate] a _if for a b such person executes a bond with sufficient suret his attendance before the 1Judicial Magistrate] specified time and thereafter until otherwise direc for at a by is attendance before the 1Judicial Magistrate] specified time and thereafter until otherwise directed Magistrate] the officer to whom the warra le a by specified time and thereafter until otherwis the 1[Judical Magistrate] the officer to whom the is directed shall take such security and shall warrant release speci the 1[Judical Magistrate] the officer to whom the warrant is directed shall take such security and shall release such person from custody. all be is directed shall take such such person from custody. The police officer e shall be if such strate] unde Provided that if the said child is in the custody or con- of a parent or guardian who, being a female does Provided that if the said trol of a parent or guardian not according to the customs ld is in the custody or con- who, being a female does nd manners of the country trol of a parent or guardian who, being a female does not according to the customs and manners of the country ar in public, the 1 Judicial Magistrate] shall ordinarily not according to the customs and manners of the country appear in public, the 1 Judicial Magistrate] shall ordinarily issue a Summons and the person to whom such summons 1S appear in public, the 1 Judicial Magistrate] shall ordinarily issue a Summons and the person to whom such summons 1S issued shall be deemed to have complied with the summons issue a Summons and the person to whom such summons 1S issued shall be deemed to have complied with the summons if instead of personally attending 1n court she causes the issued shall be deemed to have complied with the summons if instead of personally attending 1n court she causes the said child to be produced in court. if instead of personally attending said child to be produced in court. gistrate] is person from custody. (3) The police officer executing the warrant i laying the information mpanied. by the person lay! Ee aatgicial ion he i d d such person (3) The police officer executing the warrant shall be i laying the information if such accompanied. by the person lay! Ee aatgicial ion strate] son so desires, and may a!so, J, nied by i lay accompanied. by the pe person so desires, and may a!so, whom the warrant is issued, J, i person so desires, and may a!so, J, by whom the warrant is issued, SO irects, a duly qualified medical practitioner. — be accompanied by by whom the warrant is issued, SO a duly qualified medical practitioner. —ea Compensation for alse Compensation for alse and frivolous or vexatious information. 'N t under th; ny information or warrant iS the child shall be given if known, iS sec t under th ny information or warrant the Oe of the child shall be given if known, "tig, in any case in which an informat p u t l been laid - any persen under the last precedj the magistrate, after such enquiry as he may de been laid - any persen under the last precedj the magistrate, after such enquiry as he may de sary, is of opinio th the magistrate, after such enquiry as he may de sary, is of opinion that such information was either frivolous or vexatious the magistrate sary, is of opinion that such information wa either frivolous or vexatious the magistrate reasons to be recorded in writing direct that co r rivolous or vexatious the magistrate reasons to be recorded in writing direct that compensation to such an amount not exceeding one hundred TUpzes 9¢ may fo, reasons to be recorded in writing direct that compensation to such an amount not exceeding one hundred TUpzes 9¢ he may determine be paid by such informer to the Person to such an amount not exceeding one hundred TUpzes 9¢ he may determine be paid by such informer to the Person against whom the information was laid. may determine be paid by such informe against whom the information was laid. lon h at lon h a ng SCCtign em N€Ceg, false and em N€Ceg, false and may fo, ensation and may fo, (2) Before making any order for the payment of com, tion, the magistrate shall call upon (2) Before making any order for the payment of co pensation, the magistrate shall call upon the informer Show cause why he should not pay co pensation, the magistrate shall call upon the informer Show cause why he should not pay compensation and shal consider any cause which such informer may show. Show cause why he should not pay compensation and consider any cause which such informer may show. (3) The magistrate shall by the order dir-cting pay- of the compensation further order that in default (3) The magistrate shall by the order dir-cting pay- ment of the compensation further order that in default of payment the person ordered to pay such com 1 ord Compensat ent of the compensation further order that in payment the person ordered to pay such com 1 ord Compe Shall suffer simple imprisonment for in default of com Compensation iod of thirty ayment the person ordered to pay such com 1 ord Compensation Shall suffer simple imprisonment for a period of thirty days. days. (4) When any person on (3) the provisions (4) When any person section (3) the provisions of s Penal Code, 1860, the provisions of Penal Code, 1860, shall, so is imprisoned under sub- ections 68 and 69 of the Indian is imprisoned under sub- ections 68 and 69 of the Indian | far as may be, apply. ih ections 68 and 69 of the far as may be, apply. | ih i (5) No person who has ation under this section (5) No person who has pensation under this section s be exempted from any civil under this section s be exempted from any civil o of the information given by be exempted from any civil of the information given by compensation shall be the information given by compensation shall be take quent civil suits relating shall be take quent civil suits relating t been directed to pay com- hall by reason of such order directed to pay com- hall by reason of such order t criminal liability in res all by reason of such order t criminal liability in respect him, but any amount riminal liability in respect him, but any amount paid as into account in any subse him, but any amount paid as N into account in any subse o such matter. N into account Oo such matter. been ordered to pay com- eS may appeal from been ordered to pay com- eS may appeal from the order as if such informer had been convicted on a trial from the on a trial compens#ti i on a trial i e directing the payment of compens#- ion. f m f &r tor the payment of compensatie" ubject to appeal under SU section (6) the &r tor the payment of compensatie" ubject to appeal under SU compensation XXXIX.] c PART Iv. YOUTHFUL OFFENDERS. Where a person appar i Provided that when any girl apparently under the age ixteen years is arrested the officer-in-charge of a polic hen any girl apparently under the age of sixteen years is arrested the officer-in-charge of a police station who has made the arrest or before whom the girl en years is arrested the officer-in-charge of a police station who has made the arrest or before whom the girl is produced shall release her at once if any person who in station who has made the arrest or before whom the girl is produced shall release her at once if any person who in his opinion is a sufficient surety enters into a bond for such oduced shall release her at once if any person who in his opinion is a sufficient surety enters into a bond for such sum of mone as the office consid suffici to produc nion icient ty s sum of money as the officer considers sufficient to produce i h s i her before the court and to appear in her stead if-required at the polic statio re at the police station. ake t. Oe ak _bailafter arrest. Where a person apparently under the age of six- Oe (1) Where a child is charged with any offence Ae dat ofehild ild l i is ild i -in-charge (2) Where the child is arrested, the officer-in-c tation to which he is brought shall cast the ild i -in-char (2) Where the child is arrested, the officer-in-c of the sole station to which he is brought shall cast the Parent or guardian of the child, if he can be foun AO ill of the sole station to which he is brought shall cast Parent or guardian of the child, if he can be foun AO ill warned to attend at the court before which the chi Parent or guardian of the child, if he can be warned to attend at the court before which the chi appear. Sion child. Sio child. Provided that a child who is fourteen years rds may be committed to prison where t raved of age or he court Provided that a child who is fourtee upwards may be committed to prison iff at he is of so unruly or of so n years of age or where the court depraved a chat: ard iff r t ay be committed to prison where the at he is of so unruly or of so depraved he is not a fit person to be sent to a c i court a chat: rtifie upw iff at he is of so unruly or of so de acter that he is not a fit person to be sent school and that none of the othe: methods praved a chat to a certifie in which the iff acter that he is not a fit person to be sent t school and that none of the othe: methods case may legally be dealt with is sutaible. o a certifie in which the school and that none of the othe: method case may legally be dealt with is sutaible. 176 t or guardian whose attenda nis section shall be the pa f orc t or guardian whose attenda (3) The paren nis section shall be the patent all equired under f orc : ual charge Ol, ontrol over, th (3) The paren be required under ouardian having th l be f orc l, o ll : th (3) The paren nis sectio be required under f ouardian having the actual charge Ol, the patent all : ontrol over, th child : The attendance of the parent of a child Provided that if such parent r, the attendance of the father oF guardian is not may also be re quire Provided that if such parent father, the attendance of the father oF guardian is not may also be re quire Nothing in this section shall be deemed Notwithstanding anything to any law, no perso" who was all ] eth con at the date Notwithstanding anyt tained in any law, no perso" isSi f f the commission of the off thing to who was a child fence shall be ] eth con at the date ntenced to isSi ss sp who was a child at the fence shall be sentenced f ] tted to prison for any offen date to e tained in any law, no perso" isSi f of the commission of the off death or transported or committ l ] is tained i isSi fence shall be se of the commission of the off ] death or transported or committed to prison for in default of payment of fine, damages or entenced to any offence sts : death or transported or committed to pris or in default of payment of fine, damages for any or costs : No, proceedings the Cocaeaat No, proceedings 28. Notwithstanding anythi vethe Cocaeaat tained in the Code, no proceedings no order shall be passed against a chi a child. Notwithstanding hild t c hild to Commit h c chi ifi ifie hild t c ifi e ; child toa certified an offence punishable with transportation ment the court if satisfied on enquiry that i may order him to b Commitment of 29. (1) Where a child is found to have e an offence punishable with transportation ment the court if satisfied on enquiry that to deal with the child may order him to ment the court if satisfied on enquir so to deal with the child may order rtified school. hild t ifi ld toa certified Commitment of | j on amit : { impris C e is e ; it il o : i C it { ri -on amit : { - or impris

Section 4