The Assam Children Act, 1970

{
    "id": 13921,
    "slug": "the-assam-children-act-1970",
    "title": "The Assam Children Act, 1970",
    "short_title": "The Assam Children Act, 1970",
    "act_number": "Assam Act 12 of 1970",
    "act_year": 1970,
    "act_type": "STATE",
    "location": "Assam",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Assam Children Act, 1970",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title extent and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) \"Begging\" means begging as defined in the Assam Prevention of Begging Act, 1964 (Assam Act XVIII of 1964);\n(b) \"Board\" means a Child Welfare Board constituted under Section 4;\n(c) \"Brothel\" , \"prostitute\" , \"prostitution\" and \"public place\" shall have the meaning respectively assigned to them in the Suppression of Immoral Traffic in Women and Girls Act, 1956 (Central Act 104 of 1956);\n(d) \"Child\" means a boy who has not attained the age of sixteen years or a girl who has not attained the age of eighteen years;\n(e) \"Children's Court\" means a Court constituted under Section 5;\n(f) \"Children's Home\" means an institution established or certified by the State Government under Section 9 as a Children's Home;\n(g) \"Competent authority\" means in relating to neglected children, a Board constituted under Section 4 and in relation to delinquent children a Children's Court constituted under Section 5, and where no such Board or Children's Court has been constituted, includes any Court empowered under sub-section (2) of Section 7 to exercise the powers conferred on a Board or Children's Court;\n(h) \"Dangerous drug\" shall have the meaning assigned to it in the Dangerous Drugs Act, 1930 (2 of 1930);\n(i) \"Delinquent child\" means a child who has been found to have committed an offence;\n(j) \"Guardian\" in relation to a child, includes any person who, in the opinion of the competent authority having cognizance of any proceeding in relation to a child has, for the time being, the actual charge of, or control over, that child;\n(k) \"Neglected child\" means a child who-\n(i) is found begging; or\n(ii) is found without having any home or settled place of abode or any ostensible means of subsistence or is found destitute, whether he is an orphan or not; or\n(iii) has a parent or guardian who is unfit to exercise or does not exercise proper care and control over the child; or\n(iv) lives in a brothel or with a prostitute or frequently goes to any place used for the purpose of prostitution, or is found to associate with an prostitute or any other person who leads an immoral, drunken or deprived life;\n(l) \"Observation Home\" means any institution or place established or recognised by the State Government under Section 11 as an Observation Home;\n(m) \"Offence\" means an offence punishable under may law for the time being in force;\n(n) \"Prescribed\" means prescribed by rules made under this Act;\n(o) \"Prohibition Officer\" means an Officer appointed as a Prohibition Officer under this Act or under the Prohibition of Offenders Act, 1958 (20 of 1958);\n(p) \"Special School\" means an institution established or certified by the State Government under Section 10;\n(q) \"Supervision\" , in relation to a child placed under the care of any parent guardian or other fit person under this Act, means the supervision of that child by a Prohibition Officer for the purpose of ensuring that the child is properly looked after and that the conditions imposed by the competent authority are complied with;\n(r) all words and expressions used but not defined in this Act and defined in the Code of Criminal Procedure, 1898 (Act V of 1898) shall have the meanings assigned to them in that Code.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Continuation of inquiry in respect of child who has ceased to be a child.",
            "chapter": null,
            "content": "Chapter II\nCompetent Authorities and Institution for Children",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Child Welfare Boards.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Children's Courts.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Procedure in relation to Boards and Children's Courts.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Power of the Board and Children's Court.",
            "chapter": null,
            "content": "(a) the District Magistrate; or\n(b) the Sub-Divisional Magistrate; or\n(c) any Magistrate of the First Class.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Procedure to be followed by the Magistrate not empowered under this Act.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Children's Home.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Special Schools.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Observation Homes.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. After-care Organisations.",
            "chapter": null,
            "content": "Chapter III\nNeglected Children",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Production of neglected children before Boards.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Special procedure to be followed when neglected child has parent.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Enquiry by Board regarding neglected children.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Power to commit neglected child to suitable custody.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Uncontrollable children.",
            "chapter": null,
            "content": "Chapter IV\nDelinquent Children",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Bail and custody of children.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Information to parent or guardian or probation officer.",
            "chapter": null,
            "content": "(a) the parent or guardian of the child, if he can be found, of such arrest and direct him to be present at the Children's Court before which the child will appear; and\n(b) the probation officer of such arrest in order to enable him to obtain information regarding the antecedents and family history of the child and other material circumstances likely to be of assistance to the Children's Court for making the inquiry.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Inquiry by Children's Court regarding delinquent children.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Orders that be passed regarding delinquent children.",
            "chapter": null,
            "content": "(a) allow the child to go home after advice or admonition;\n(b) direct the child to be released on probation of good conduct and placed under the care of any parent, guardian or other fit person and such parent, guardian or other fit person executing a bond, with or without surety as that Court may require, for the good behaviour and well-being of the child for any period not exceeding three years;\n(c) make an order directing the child to be sent to a Special School-\n(i) in the case of a boy over fourteen years of age or of a girl over sixteen years of age, for a period not less than three years;\n(ii) in the case of any other child, for the period until he ceases to be a child :\n(d) order the child to pay a fine if he is over fourteen years of age and can earn money.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. Orders that may not be passed against delinquent children.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "23. Proceeding under Chapter VIII of the Criminal Procedure Code not competent against child.",
            "chapter": "Chapter VIII",
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "24",
            "title": "24. No joint trial of child and person not a child.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "25",
            "title": "25. Removal of disqualification attaching to conviction.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "26",
            "title": "26. Special provision in respect of pending cases.",
            "chapter": null,
            "content": "Chapter V\nProcedure of Competent Authorities Generally and Appeals and Revision from Orders of such Courts",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "27",
            "title": "27. Sittings, etc. of Board and Children's Court.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "28",
            "title": "28. Persons who may be present before competent authority.",
            "chapter": null,
            "content": "(a) any officer of the competent authority, or\n(b) the parties to the inquiry before the competent authority the parent or guardian of the child and other persons directly concerned in the inquiry including police officers, and\n(c) such other persons as the competent authority may permit to be present.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "29",
            "title": "29. Attendance of parent or guardian of child.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "30",
            "title": "30. Dispensing with attendance of child.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "31",
            "title": "31. Committal to approved place of child suffering from dangerous disease and its future disposal.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "32",
            "title": "32. Presumption and determination of age.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "33",
            "title": "33. Circumstances to be taken into consideration in making orders under the Act.",
            "chapter": null,
            "content": "(a) the age of the child,\n(b) the circumstances in which the child is living;\n(c) the reports made by the probation officers :\n(d) the religious persuasion of the child;\n(e) such other circumstances as may, in the opinion of the competent authority require to be taken into consideration in the interests of the child :",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "34",
            "title": "34. Sending a child outside jurisdiction.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "35",
            "title": "35. Reports to be treated as confidential.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "36",
            "title": "36. Prohibition of publication of name, etc. of children involved in any proceeding under the Act.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "37",
            "title": "37. Appeals.",
            "chapter": null,
            "content": "(a) any order of acquittal made by the Children's Court in respect of a child alleged to have committed an offence; or\n(b) any order made by a Board in respect of a finding that a person is not a neglected child.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "38",
            "title": "38. Revision.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        },
        {
            "number": "39",
            "title": "39. Procedure in inquiries, appeals and revision proceedings.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 38
        },
        {
            "number": "40",
            "title": "40. Power to amend orders.",
            "chapter": null,
            "content": "Chapter VI\nSpecial Offences in Respect of Children",
            "footnote": "",
            "is_definition": false,
            "sort_order": 39
        },
        {
            "number": "41",
            "title": "41. Punishment for cruelty to child.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "42",
            "title": "42. Employment of children for begging.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 41
        },
        {
            "number": "43",
            "title": "43. Penalty for giving intoxicating liquor or dangerous drug to a child.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 42
        },
        {
            "number": "44",
            "title": "44. Exploitation of child employees.",
            "chapter": null,
            "content": "Chapter VII\nMiscellaneous",
            "footnote": "",
            "is_definition": false,
            "sort_order": 43
        },
        {
            "number": "45",
            "title": "45. Power of State Government to discharge and transfer children.",
            "chapter": null,
            "content": "(a) a neglected child to be transferred from one Children's Home to another;\n(b) a delinquent child to be transferred from one Special School to another or from a Special School to a Borstal School where such school exists or from a Special School to Children's Home;\n(c) a child who has been released on licence which has been revoked or forfeited, to be sent to the Special School or Children's Home from which he was released or to any other Children's Home or Special School or Borstal School:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 44
        },
        {
            "number": "46",
            "title": "46. Transfers between Children's Homes etc. under the Act and Children's Homes, etc. of like nature in different parts of India.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 45
        },
        {
            "number": "47",
            "title": "47. Transfer of children of unsound mind or suffering from leprosy.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 46
        },
        {
            "number": "48",
            "title": "48. Placing out on licence.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 47
        },
        {
            "number": "49",
            "title": "49. Provision in respect of escaped children.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 48
        },
        {
            "number": "50",
            "title": "50. Contribution by parents.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 49
        },
        {
            "number": "51",
            "title": "51. Control of custodian over child.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 50
        },
        {
            "number": "52",
            "title": "52. Delinquent child undergoing sentence at the commencement of the Act.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 51
        },
        {
            "number": "53",
            "title": "53. Appointment of officers.",
            "chapter": null,
            "content": "(a) to inquire, in accordance with the direction of a competent authority, into the antecedents and family history of any child accused of an offence with a view to assist the authority in making the inquiry;\n(b) to visit neglected and delinquent children at such intervals as the probation officer may think fit;\n(c) to report to the competent authority as to the behaviour of any neglected or delinquent child;\n(d) to advise and assist neglected or delinquent children and, if necessary, endeavour to find them suitable employment;\n(e) where a neglected or delinquent child is placed under the care of any person on certain conditions to see whether such conditions are being complied with; and\n(f) to perform such other duties as may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 52
        },
        {
            "number": "54",
            "title": "54. Officer appointed under the Act to be public servants.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 53
        },
        {
            "number": "55",
            "title": "55. Procedure in respect of bonds.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 54
        },
        {
            "number": "56",
            "title": "56. Delegation of power.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 55
        },
        {
            "number": "57",
            "title": "57. Protection of action taken in good faith.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 56
        },
        {
            "number": "58",
            "title": "58. Act 8 of 1897 and certain provisions of Act 5 of 1898 not to apply.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 57
        },
        {
            "number": "59",
            "title": "59. Power to make rules.",
            "chapter": null,
            "content": "(a) the places at which, the days on which the time at which and the manner in which, a competent authority may hold its sitting;\n(b) the procedure to be followed by a competent authority in holding inquiries under this Act; and the mode of dealing with children suffering from dangerous diseases or mental complaints;\n(c) the circumstances in which, and the conditions subject to which an institution may be certified as a Special School or a Children's Home or recognised as an Observation Home, and the certification or recognition withdrawn;\n(d) the internal management of Special Schools, Children's Homes and Observation Homes;\n(e) the functions and responsibilities of Special Schools, Children's Homes and Observation Homes;\n(f) the inspection of Special Schools, Children's Homes, Observation Homes and After-care Organizations;\n(g) the establishment, management and functions of After-care Organisations; the circumstances in which and the conditions subject to which, an institution may be recognised as an After-care Organisation;\n(h) the qualifications and duties of probation officer;\n(i) the requirement and training of persons appointed to carry out the purposes of this Act and the terms and conditions of their service;\n(j) the conditions subject to which a girl who is a neglected or delinquent child may be escorted from one place to another and the manner in which a child may be sent outside the jurisdiction of a competent authority;\n(k) the manner in which contribution for the maintenance of a child may be ordered to be paid by a parent or guardian;\n(l) the conditions under which a child may be placed out on licence and the form and conditions of such licence;\n(m) the conditions subject to which children may be placed under the care of any parent, guardian or other fit persons under this Act and the obligations of such persons towards the children so placed;\n(n) any other matter which has to be, or may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 58
        },
        {
            "number": "60",
            "title": "60. Repeal and savings.",
            "chapter": null,
            "content": "(a) the previous operation of any law so repealed or anything duly done or suffered thereunder; or\n(b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed; or\n(c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid;\n(d) any penalty, forfeiture or punishment in respect of any offence committed against any law so repealed; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced any such penalty, forfeiture or punishment may be imposed, as if this Act has not been passed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 59
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 11th February, 2020 [ass085]",
        "Act Number": "Assam Act 12 of 1970",
        "Enactment Date": "",
        "Act Year": "1970",
        "Short Title": "The Assam Children Act, 1970",
        "Type": "STATE",
        "Location": "Assam"
    },
    "updated_at": "2026-09-29 21:55:18"
}