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[I920 : T.N. Act IV

THE TAMIL NADU CHILDREN ACT, 1920.

TABLE OF CONTENTS.
PREAMBLE.
PART I.

SECTIONS.
1. Short title.
2. Extent of application of the Rcforlnatory Schools Act, 1897
in areas to which the provisions of this Act have been applied.
3. Definitions.
4. Powers of courts.
5. Procedure when magistrate is not empowered to pass an
order under this Act.

PART 11.
AND JUNIOR APPROVED
SENIORAPPROVI:~ SCHOOLS.
6. Establishment and approval of schools.
7. Management of sci~ools.
8. Inspection of sch{)ols.
9. Power of i nspectc rs.
10. Medica! j nspect ia ;I.
1 1. Pow-re o f State Go~er~lmentto 1b-ithdraw approval.
12. Resignation of ~ p p r o i a by
l mnoage;j.
13. Effect of ni thdra~\.alor resignnti~nof approv:~J.
14. Disposal of inmates on withdraw !I or resignatiou of approval.
15. hi~xiiia~.y
IIOIIICS.
16. Liability of managers.
17. Inspection of unwproved poor schools and instituti~ns.
..
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. 1.920 : T.N. Act IV] Tamil Nadu c hildren

* '"*
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,

PART 111. . - . ;8' ')'jj.;

1

18. Detention and release on bad of childrcn and young ixrsons.

19. Custody iii certain cases pending iuquisy or trial.
20. Remand or committal to custody.
21. Attendance at court of parent of child or young person
charged with an offence, etc.
22. Sentences that may not be passed oc a child. Sentences thjl
may be passed on a child.
23. Commitment of offenders between twelve and eighteen years
9
, $;

' of age to approved schools.

1
;%
24. Period of detention. * iq
-tc-.':9~:
* > 44
i\

2 5 Power to discharge youthful offender or to place him j, -<>. @

suitable custody.
26. Power to order parent to pay fine, etc., instead of child .:
or yout~gperson.
27. Detention in the case of certain zr'mes co~nmittedby
children or young persons
28. Methods of dc!.rlin,n ~ i t hshildreo and young, persons
charged with offences.
PART IV.
CHILDREN AND YOUNGPERSONS NOT BEING YOUTHFUL
,
OFFENDERS.
s;
29. Childrel~ liable to be scnt t o junsior approved rcf~ool
power to place cllild to suitable custody ; and power to
place youllg person in suitable custody.
30. Uncontrof.lable chilldren.
PART V.
INTENANCD AND -TRBATIENT 0.FPERSONS SENT.
B1.E CUSTODY
:Contribution of parent.
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33. Placing out on licei~ceand power to order parent to produce

a youthful offender or child who rcfuscs lo return 10 school
wl~enlicence has been revoked.
34. Penalty for abetting escape of youthful offender 01- ~h:ld.
35. Discharge and transfer.
35-A. Transfers bctwccn approvcd scl~oolsand schools of like
nature in different parts of India.
35-B. Child to be placcd under the s~tl~esvisionof a probation
officer.

PART VT,
JUVLNILECOURTS.
36, Juvenile Courts.
PART VI-A.
SPECIALOFFENCES
liq IIESPECT OE AND YOUNG
CHILDREN
PERSONS.
36-A. Punishnlent for cruelty to c h i l d ~ . cand
~ ~ young persons.
36-B. Employing children and young persons for begging.
36-C. Peila1t.y for giving intoxicating liquor or dangerous drug
to child or young person.
3 6 . ~ .Penalty for permitting child or young person to enter
places where liquor or dailgerous drug is sold.
36-E. Inciting child ar youi~gperson to bct or borrow.
36-F. Taking on pledge or put chas:i~gasticlcs from child or
young person.
36-G. Allowing or permitling chiltf tn young prrson to be in
brothel,
36-H. Youiig girls exposed to risk of seduction, efc.
-26-1. withholdhg of or jiving on eas~~ings of child employ
36.3. Offences uncles this Part cognizable.

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c

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PART VIT.

37. Presumption and determination of 2 5 ~ .

38. Provision as to religious persuasion.
38-A. After-care organisation s.
38-B. No joint trial of child or ydung person and adult.
39. Removal of disqualification attaching to convictions of
offences.
39-A. Circumstances to be taken into consideration in making
orders under this Act.
39-B. Appointm~ntof Probation Officers.
39-C. Reports to be treated confidential.
39-D. Prohibition of publication of names, etc., of children
and yaung persons involved in any proceedings under this
Act.
40. Control of custodian over a child.
41. Bonds taken cltder the Act.
42. Appeals.
43. [Omitted.].
44. Power to make nrieb,
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'[TAMIL NADU] ACT No. IV OF 1

C ~ H ET TAMIL NADU)CHILDREN
ACT, 1920

3[An Act to provide for the custocly, trial, nlaintenance,

welfare, education and charocf-er training of youthful
offenders and the care, protect ion, maintenance, wel-
fare, ed~lcatioaand character training of children
and young peisonc who are uncontrolfable, or are in
moral dattger, or destitute, or in need of care and
protectiorr.
----- .-------

I These vror,is were substituted for the word " bSb.lnilr&s " by
the T a d N ~ c i l Alaptation
l of Laws Order, 19C9, as amended by the
Tamil M I ~I Ari~ptntionof Laws (Second Amendment) Order, 1969
which came into force on the 14th January 1969.
: ForStatcmcnt of Objects and Ressons, see Forf St,George Gazette,
Part IV,dated tf,c 18thDecember 1917,pp. 1156-1158. Fvr Report
of Select Con~~nittce,~eeibid.dated the26th August 1919, pp. 121 3,
1216. For Proceedings in Council, see ibid, dated the 26th March
I 1918, pp. 308-3 16 and ibid, dated the 23rd December 1919,
p. 1367 and ihirl, dated he 8th June 1920, pp. 690-704.
This ACI w : l s extended to t hc ~nct'ged S:.:tc of P i ~ c l t ~ k k o t tby
~i
section 3 of'. and the First Schcdulu 10. t i ~ cT:lniil N;ldti hfc%cr{
States (L:i\\s) A c t . 1934) (l';1111il k-:titt~:\zt YSS\'i\I' j11.10).

SO ~klucll01' ~ l i i s Act as i t u s i n forcc oil tilo date of tho

I I CT8mi l Iqadu (Added Territor ics) Exteizsioll
M t~ IIC
; O ~ ~ ~ I ~ ~ C I I C ~of
or I i i ~ (NO.
s 2 ) Act, 1961 (Taltlil Nadu Act 39 of 1961) in the
Statc; .,r" Madros except in thc :idded teflitories arid related to
m n t t e r ~wit!\. re\j>c:ct to whiz11 I l?c. Stale: 1,cgisI;i~urc had power to
1 : 1 1I I I S. i I 1 I Icrritol.ieg by
3 c : i t i t j l r 3 ol: :I O r ( , t7il'sI Stell(t l i l l r t c i , ,,ni,l 'i :tinil Nncju
f\L[ 3t) 11sl ( J f 1 1 .

for. rl~eI O I I ~Iille and jweamblc by section

3 Wlis \\-\';is ~:)b\titi~'cd
3 of the Tzinlii Nadu Children (Alncrldment) .\ct, 19.58 (Tamil
Nadu Act XXXVll of 1958).

*
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* .

20: T.N. Act IV] Tantit N a h (7/lilc!~ea 50i

WHEREAS it is expedient to provide fGr the custody, pxa ,~,j

trial, main tenancc, wdfare, educatioll and rharacter
trainillg of youthful o f h d e r s and i hc c v ~ pl.otcctjon,
.
inaintcllancc. ~*icJl:ri-c, dL,r::;: ti,; a and chut+:i.cicr (rail~ing
1

of childrcn :r ~ i r lyoung pcrsons who ir rc uncontrollable,

or an, in moral danger or destitute, or in rleed of care
and protection ;
It is hercby enacted as follows :- -1
PART I.
Prelinzinnr).
1. This Act may be called the '(Tamil Nadu) Child- short
re11 Act, 1920.
2[(2) The 3(State Government) n:ay, by notifi-
om time to tinie, apply the who!e or any por-
his Act to children, young persons or youthful
ers or any class thereof in any local area in the
(State of Tamil N3dn) , from such date as may be
specified in the notification and may cancel or modify
any such no ti fication.]
5L(3) * , * * :#
* I
6[2. in areas to which the provisions of this Act re- Oxtent ol
lating to youthfxd offenders have been app,ied to any applicgtioo .
of the Re-
Cent ral class of them, the piovisions of the Reformatory formatory
A C VCII
~ Schools Act, 1897, in respect of youthful offenders %.001s A o ~
of 1897.. except,sectioil 15 to the extent they apply to such class in areas to
. shall cease to be in force.] which the
provisiolls
-. - - - P A - -
-
These
1 words a ere su'bstit uted for the word "Madrac " of thisbeen
by the gave Act
t
b Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Toplied.
Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969
which came into force on the 14th January 1969.
. 2 Thig sub-section was substituted for the original sub-section
by section 2(1) of the Madras Children (Amendment) A C ~1974 '?
(Madras Act I of 1924).
8 The words aProvincial Government" were subst itu for
the words 6cLocal Government" by the Adaptation Order of
1937 and tha wold "State" was substituted for "Pi.ovincial" by
the Adaptation, Order of 1950.
h T h i s e ~ p r e s s i ~ n w a ssubstituted fcr theexprcssion"presi.
dency of Madras" by the T a i l Nadtz Adaptation of ~ a w s
Order, 1970, which was deemed to have come into force on t l ~ e
14th January 1969.
5 This sub-section was omitted by section 3 ( 2 ) of tile Madras
Children (Atne~ldiner~t) Act, 2924 (Madras Act 1 of' 1924).
This section was subsiitnted for the original section by h,.:dion
3, ibicl, Ir
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3. Tn t h i s Act, unless therc is anything repugnant

ihhri- i l l tlrc sul!icc( t ~ contcxt
r ---.
tionh,

(1) b h clliltl " LII~LICI,LLIC a g ~OF

I I ~ C ~ LilI I JICI-SOJI
~
fgurtecn ycars a i d when ~ ~ s ine dreference to a child
sent to lLnn approved] school applies to that child
during the whole period of detention, notwithstanding
that the child attains the age of fourteen years before
the expiration of that period ;

(2) " young person " means a person who is

L~urteenyears of age or upwards and under the age
of' 2[cightce11]years ;

(3) youthful offender means t1.11~person who

6 b "

has becii convicted of an offence punishable with.

3[imprisonment] and who at the time of such con-
viction was under the age of 2[eighteen]years ;

(4) " guardjail " in relation to a child, young

pers?n, or youthful offender includes any person
who in the opinion of the couit having cognizance
of any case in relation to the child, young person,
or youthfi~l offender, or in which the child, young.
person, or youthful offender is concerned, has for '

the time being the charge of or control over the child,

youtlg person, or youthful offender ;

(5) '' l[approved] school" means a school estab-

lished or 4rapprovedI under this Act ;

1 These words were substituted for the words a certified "

by seetion 3 of, and the Schedule to, the Tamil Nadu Children
(Amendnent) Act, 1961 (ka111iI ihadc Act XXXVII of 1968).
r ~ h j w~::rd was sub:titutcd for the word
s 6c sixteen " by section
4, ibid.
3 fils v;ord vias substirulcd for the words " transportation or
Iml,lisonmeut " by section (3 of, and the Schedule to, ibid.
Thi:j \jorti was substituted f c the
~ ~ 0 1 . d" certified " by &id.
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1920 : T.N. Act IV] Tar12ilNoct921Chik/~+ot 503

(6) " I[junior approved school]. " means 2[an

approved school] for the training of chi ldren ;

(7) '' '1 scu iur ;I pl~rovcd scl~oolI clicalla '[an

"

approved school] I'or thc training of hf*ul offen-

ders ;

(8) c'prescribed" means prescribed by rules

undtr this Act;.

4. Tile powe:-s conferred on courts by this Act Powers of

sllall be exercised only by -(a) the High Court, courts.
( b ) a Court of Session, (c) a District Magistrate, I

(d)a Sub-divisional Magistrate, jp) salaried Presideilcy

Mapistrate *, (f)any Juveliile Court constituted under a

section 36 and ( g ) any magistrate of the first or

second class specially authorized by the 6[State
Government] to exercise all or ally of such powers ;

srnd may be exercised by such. courts whether the

case comes before tl:em originally or on appeal.
---
b
c
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- - - - . --I
I

1 These words were su:xtituted for the words .<j unior certified
school " by section 3 of, and t11[= ScheduTe to, the Tamil Nadu
Children (Amcndmct~t) Act, 1938 (Tamil Nadu Act XXXVT? of
1958).
These words were sitbstituted for the word9 " a certified
school " by ibicl.
8These words were substituted for the words '' senior certified
school " by ibid.
4 According to clauses (a), (b) and (c) of sub-section (3) of
section 3 of the Code of Criminal Procedure, 1973 (Central Act
2 of 1974) which came into force on the 1st April 1974, any reference
to a magistrate of the first class shall be construed as a reference
to a Judicial Magistrate of the first class, any reference to a hlagist-
rate of the s m n d class or of the third class shall be construed as
8 reference to a Judicial Mapistrate of the .secorzd c!ass and any
reference to 3 Presidency Masstrate shall be construed as a reference
, .
to a Metropolitan Magistrate.
. 6 The words "Provincial aovernment" were substituted for
the words "Local Government" bg the A.daptation Order
of 1937 and the word " State " was substituted for '' Provincial" by
the Adaptation Order of 1950.
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504 7 nrlzil Nodzl Cl?il~h*cn [I 920: T.N. Act IV

rrxauw6 3. (1 \Yhen any n~agrstratenot enlpowered to
when magis pass all n~*cterundcr this Act is of opinion that a
trate is ~ ~ o t cl~iltlo . !jlouiJy person b ~ ~ o ~ belhreg h t him or con- ,
empower.e!j
to pass an victed by hitn is a propcs. person to be committed
arder undcr io I/-:III ;IPJ?I-OVL'(~ SCIIOOI 1 OI* to be tlcn It wit11 in ally
this Act.
otlxs m;iiInei ill wllich t l ~ ccase may be dealt with
1111derthis Act, he shall record such opinion and
submit his proceedings and forward the child or
yoailg pe:*son to the District Magistrate or Sub-
divisional Magistrate to whom he is subordinate or
to the magistrate presiding over the nearest juvenile
conl-t havi , ~ +jurisdiction
g in the case.
(2) Tlie magist r ; ~ k lo whom the proceedings
a r e so si:bmit tcd may makc such fi~rther enquiry
(if any) as he may think lit and may pass such order
dealing w i t h the case as he migll t have passed if the
-hild or young person had 01-iginellybeen brought
belore or tried by him.
I'ART IT.

Zs tablish-
ment and
3(approvar) may establish and
6. ( 1 ) The 4[St.~teGoven~mel~t]
of schools. maintai n senior 51;app~-oved]and junicr 6[approved]
schools for the reception of youth rul offenders and
cli i Idre11.

1 These words were substituted for the 'words " a certified ,

schoo1"by section 3 of, ma the Schledule to, the Tamil Nadu
Children (Ainendinent) 4ct, 3968 (Tartlil Nadu Act XXXVIl of
1958).
2 These wards were substituted fo
and junior certified schools " by ibid.
8 This ward was substituted for the word c4certification''
Ibid.
4 The words fiProvincial Government " were substituted
the words "Loca: Gover?~ner?t"by the Adaptation Order of 1
and the word " State ' b a s substituted for " Provincial " b y
Adaptation Oider of 1950.
5 This word was substituted for the
3 of, and the S-hzdule to, t tie Tamil
Act, 1968 (TamilNadu Act =I1 of 1968).

-
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of tlie school for the purposes of this Act.

(2) Every school 3[approved] ulldel- section 6,
sub-section (2), shall be under the managen~entof
a governing body who slu~llbe deemcd to be the
managers of thc school Tola the purposcs of this Act. 4

8. ( I ) The '[State Governmeid] may appoint a Inspection

chief inspector of 3[approved] schools and such of schools.
number of inspectors and assistant inspectors as it
thinks advisable to assist the chief inspector ; and
every person so appointed to assist the chief it..;-ctor Y

shall have such of the powers and duties of the chief

inspector as the '[State Government] directs bit t
shall act utlde~the d irectioii of the chief inspector.
-
(2) Every 3[approvcd] school shall, at least once
in every year, be inspected by the chief i~~spector of
- 3[approved] schools, or by an illspector or assistant
inspector ; provided that where any such school is
for the reception of girls oilly and such inspection
is not made by the chief inspector, the inspection
shall where practicable be conducted by a woman.
-

1 The words "Provincial Government" were substituted for

the urord~ "Local Government" by the Adaptation Order of
1937 and the word "State" was substituted for "Provincial" by
the Adaptation Ordcr of 1950.
2 These words were substituted for the words '-certified that
any senior certified 3r junior certified school not established under
subsection (1) is fit " by section 3 of, and the Schedule to, the Tamil
Nadu Children (hndnrent) Act, 1968 (Tamil Nadi~Act xxwrr
- of 1968).
3 This word was substituted for tile word 6 4 certified " by iOi(/,
9
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Power of 9. l[An approved school] shall be liable to

Inspectors. t ion nt all times and in all its departments by t
inspcct(,~.a:ltl hy the inspector ;1od assist,tnt ins
Medical 10. Ally rcgistcred m c d i ~ a practitioner l emp
Inspection. i n this bcl~illfby thc '[State Govcmment] may
any 3[approved] school at any time with or with
notice to its managers in order to report to t
chief in9pcctor on the health of the inmates an
sanitary condition of the school.
Powers 11. The gistate Government] if dissatisfied with
of State the condi tjon, rrdes, management, or superintendence
Government
to withdraw of Iran approved school], may at any time by notice
4[approvctl]. vcrvcd oil tiic inanagers of t h c school declare that
t lie '[a l,l~-o\lallof the scliool i., w itltdrawn as from a
iimc si~ecific~d in tllc n o ~ i c c ,:md at t h a t time the
\ \ . i t j i ~ i ~ - ; t ~ill'
':l~ I I ~ c : ijnj>pro~ral)sl~alltake effect, and
the sclivol \i:ail ccasc to be ' 1 n 1 al~psoved ~ school] :
Pi-ovidct! th;i t the '1 State Govel-nmentj may, if it
t h i n k s lit, instciid c f ~0 fk,iflidrawj~lgthe approval],
by notice served on thc managers of the scl~ool,
prohibit the ad~nissionof yo~ithfi~l offenders or chiM-
ren to tile school for such time as may be specified
i n the notice or until the notice is revoked.
Resignation 12. The managers of '[ail approved sckoo?] may
of * [approval!
by managers. on giving a i x months' notice in writing to the 2[State
Govcrnmc~il~l t hro:lgh the chief inspector of their
intent inn SLI t o tlo, resign the' [approval] of th,: school,
and accortli~iglyat the expiration of six months from
I the date a[' the notice (unless before that time the
not ice i s withdrawn) the resignation of the 4[approval]
sh:~lI tnkc ctkc't. and tlw schocll sliaII cease to be
! -317 ;3ppr'-t! L*&I scb'~Ldl*
- - - - --- --
- .,x **: :-.-.
\ .-.,>.-A
-->--: -"- .,--. -.-.- ::;;'u,-.L-&
'.J c - ~ s
-. SA-:;,.:: - I-.r::d rhe k r e z l t e :A &e T n u i
c

... % .
+Wdrttn
t-~,~~<i~di~~zlit
-4:;. i :'S( T i i ~ dX L ~ U X X X W of 1958).
2 The \\or d s Provincial G oi ernment " wvem substitutd for
the words .' Local Goirernn?ent by the Adaptation Order of 1937
"

and the word '-State " a-as >i~biritutedfor '* Proviticial" by rhe
Adspr3tion Ordrr of 195r). c
3TI1is \~,-or.i \\..is subsrit.u:cct for [lie word "certified"
by >., ion 3 of, and the Schedule to,.thti Tamil Nadu child re.^
(Amtndment*) Act, 1958 (Tamil Nndu Act XXXVII of 1968).
4 This wort1 \v:ts substituted for the word 6 6 certifiate" by
ibid. (I
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1920 : T.N. Act IV] Ttrmil Nndu Clri/clren 507

I

13. A youthful oKe11dcr or child shall not bc Efrect OF

scccivcd in1o 2[;rn appsovcd school] ill pursun ncc of withdrawal or
this Act after ihc tiate 01' I ~ I receipt
C bv the mallagcrs, resignation
of i['apyrovalJ.
of the school of a noticc of witl~drawalof tbc '[appro-
val] or after the date of a notice of resignation of
the [approval] ; but the obligation hereinafter
mentioned of the managers to teach. train, lodge,
clothe, and feed any youthful offenders or children
detained in the school at the respective dates aforesaid
shall, except so far as the 3[State Government]
otherwise directs, continue until the withdrawal or
resignation of the [approval] takes effect.

14. When a school ceases to be l[an approved Disposal of , a'*.

school], the youtllful offenders or children detained inmates on > ~2

\+<

.. .>I$,
+

14
withdrawal el%

therein shall be either discharged or transferred, bj orres*a- !*

order of the a[State Government], to some 4[othe1 tionof

approved school] in accordance with the provisions l[approval]. 0 h v
J
of this Act relating to discharge and transfer.
I 15. The "State Government] may establish auxiliary Auxiliary
\
homes for the reception of any inmates or any classes homes.
of inmates of 6[approved] schools or may 6[approve]
ariy other such home heretofore or hereafter estab- a >t

lished by any other persons, and '[the approval]

~r This word was substituted for the word a certificate " by

section 3 of, and the Sche,duteto, the Tarnil Nadu Children (Amend-
ment) Act, 1958 (Tamil Nadu Act XXXVII of 1958).
h

2 These words were substituted for the words " a certified

school " by ifiid*
The words Provincial Government " were substituted for
the words " Local Government " by the Adaptation Order of 1937
and the word " State " was substituted for " Provinciai " by the
Adaptation Order of 1960.
4 These words were substituted for the words " other certified
school " by section 3 of, and the Schedule to, the Tamil Nadu
Children (Amendrne~lt)Act, 1958 (Tamil Vadu Act XXXVII of
1968).
This work was substit?ltcd for the word " certified " by ihif?.
This word was substituted for the word certify " by ibid.
7 These words welt substituted for the words "the ccr4~qcate"
by ibid. I
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50s TrrjnilNa& Cl~ilc/ven. [I920: T.N. Act W

may bc \\,itl~drawnor rcsigncd in like manner as

1 7 I of s I I iilld every such honlr
rlialj, Ir 5.i~cI1 PLill?OSCb ;I$ ;II-V hl3cciiiccI by the $[State
I ' he ti.calccl :IS p;trt ut' Llic school or
.;chools t o v,!:ii:rl it is att;rcl~c.d.
16. l'hc managers of "Ian approved school] not
Liabilities cstablishe{i by the 2[State Government] *[shall receive,
of managers.
sll bject to the availabi l ity of accommodation in such
school, ally child or young person proposed to be
sent to them in pursuance of this Act, and when
they have once accepted any such child or young .
person] they shall be deetned to I I P . ! ~ undertaken
to teach. t l - a h , lodge, clothe, and feed him during
t h whole
~ period for wliich lie is liable to be detained
i l l the school, or iintil the withdraufal ol* resignatloll
of the jlapproval] of the school.

Inspection of 17. ( 1 ) The "State Gavel-nment] may cause any

e[unapprov~l] institutian for the reception of poor children . o r
poor schools young persons supported wholly or partly by volun-
and tary contributions, and not liable to be iospected
institutions.
b\-or under thc authorit!. of any Go\-ernmentdepart-
ment, to be visited and inspected from time to time
by persons appointed by it for the purpose.
--- . - - ,

,.
r

1 These bards wcre substituted for the words a certificate "

64

by'section 3 of', and the Sclleduie to, the Tamil Nadu Children
(Amendment) Act, I958 (Tatnil Nadu Act XXXVII of 1958). ' 5 .

2 The words "Provincial Govcrnmen t" were substituted for

the wcrds ''Local Government" by the Adapt ution Older of 1937
and the worcl "State" was substituted for " Prcvlneial'' by the
Adaptation Ordcr of 1950.
3 These wcl-cis were substitu tcd for the words "a certified
school" by section 3 of, and the Schedule to, th!: Tamil ad^
Children (A~:lcndment)Act, 19.58 (Tarnil Nadu Acl XXXVII of
1938).
4 These wcrds were substiiutcd for tlie words c g may decline to
receive any youthhl offender or child proposed to be sent to thern
in pursuance rf this Act, but when they have once acapted any
such offender or child " by section 5 of the Tamil Nadu Children
(Amendment) Act, 1?68 (Tamil Nadu Act XXXVII of 1958),
This \ ~ o r d w:rs subst i~utcd for tlie word "certificate by
section 3 of, a n d t h e Scl~ed~llc to, the Tamil Nadu Children
(Amendment) Act 19'5s .,'". .' 1:' :Ja+ ,4ct XX;IPVlI of 1958).
This a,of.I Y i l j rubstittitcd for the word *' unfmjfi&* by
ibitf.
 LatestLaws.com

I
(2) Any person so appointed shall have power
to enter the institution at all reasonable hours an6
t o , make a complete inspection thereof anC .? a11
papers, registers, and accounts rklating thereto. Any
person who obstructs him in the execution of his
duties shall be liable on conviction to a fine not
j
4
exceeding fifty rupees .

i (3) Where any such institution is carried on in

accordance with the principles of aily particular
I
1
religious denomination, the [State Goverl~rnentl
shall, if so desired by the mui~agersof the illstit ation;
appoint, where practicable, a perzcn of that denon~i-
nation to visit and inspect the institution.
(A) Where any such illstitution is for tllc recep-
tion of girls only, the inspection shall, whcrc practi-
cable, be conducted by a woman.

I
Youtllful offenders. - I

2[18. ( 1 ) Where 3 pc:.s-r7 l~parently under the

age of 3[eighteen:l years is arrested on :I charge of and release
a non-bailable offence, he sl~allbe i~~formeci. as soon on bail of
children
as may be, of the grounds f o such
~ arrest and , unless and young
he is released oe bail under sub-section (2). sl~allptlr.onq.
be produced bef01.e the nearest Magisirate \vithin
a period of twenty-four 11ours of his arrest e x c l u c l2i ~ ~ ~ ~
the time necessary fbr the journey from the place
of arrcst to thc Court of the Mngistl-ate. -1. :i!
, .
(2) The officer in charge of a police station,
: before ~~110111 sucl~person may be produced shall
release him on bail, if sufficient surety is forthcon~in.~,
-. . ..- ---
1 The words " Prdvincial Government " were substituted for
words Local Govern~nent" by the P.daptaiion Order of 1937
the word " State " was substituted for .'' Provinci:~l" by the '

ytation Order of 1950.

This section was substituted for the original section by the
) Order of 19i;G.
substituted for the word " sixteen " by section
Children (Amendment) Act, 1968 ( Tami 1 Nad u

J
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510 Tarnil Nadu Clrildrm [I920 : T.N. Act IV

unless for rea:;ons to be recorded in writing, the
officer believes that such release would defeat $the
ends of justice or that the release of the child
or you~lgperscn n.~:!:! t ring him into association
with any rzputed criminal.
no case shall such person be detained in
(3) I~A
custody bryo nd the period specified in sub-section
the autllority of a Magistrate.]
( 1 ) witl~oi~t
Custody Notwithstanding allything contained in this
in certain Act or i n any other law for the time being if1 force,
cases
% pending wheaever --
inquiry
( a ) urtder clause ( L ) of sub-section (1) of section
I

I or trial.
29, any person apparently under the age of sixteen
years, or
(b) ~ i ~ l d esection
r 36-H, any girl under the age ,

of sixteen years, or
(c) al!y child or young person arrested on a
charge of an offence under section 7 or section 8
of the Suppression of Immoral Traffic in Women
and Girls Act, 1956 (Central Act 104 of 1956), is
b, -light belore a court, such court shall, pendilig
inquiry or trial, inake xn order placing such person,
girl, child or young person in such custody and in
such manner 11s may be pscscribed.]

~ Remand or
conmittal lo
custody.
20. A court, on remanding or comn~ittingfor trial
i b child or young person who is not relealsed on bail,
shall orde~.hiin to be detained in the prescribed
l l l i b 1 7 11 er.

At tendancc
%
at court of 21. ( 1 ) Where a child or youug perso11 is charged
parent of with any offence, or where a. child is brought before
child or a court on an application for an order to send him .
to ;I. junior "r;pproved] school, his p,zrznt or guardian
45
$ '- young
"sq- person _-. I-. -
charged ----I_--

with an 1 This section was inserted by section 7 of the Tamil Nad

offence, etcc Children (Amendment) Act, 1968 (Tamit Nadu Act X)CXVI[I o
1968).
2 This W O I ~was substituted for tile word "certified " by scctio
3 of, and the Schedule to, the Tamil Nadu Children (Am
Act, 1988 'Tamil Nadu Act XXXVII of 1968).

",
" ". .'
O "

- ----
. _-
-- -
p$i?*$$
*=,
s

'w*F.fF
9. ,
-r

. s ',%+S&, i
 LatestLaws.com
LatestLaws.com

------ qC ___ "-

Tamil Nadu Children

any case, and shall, if he can be found and
within a reasonable distnnce and the person
so charged or brought before the -court is I child,
be required to attend a t the court before which the
case is heard during all the stages of the proceedings,
unless the court is satisfied that it would be un-
reasoilable to require his attendance.
I

(2) Where the child or young person is arrested,

the officer in charge of the police station to which
he is brought shall cause the parent or guardian of
the child or young person, if he can be found, to be
warned to attend at the court before which the child
or young person will appear.

(3) The parent or guardian whose attendance

shaIl be required under this section shall be the parent
or guardian having the actual possession and control
of the child or young person :

Provided that if that person i s not the fdther,

fie atte~idnnceof the father may also be required.

(4) The attendance of the parent of a clljla or +

young person shall not be required under this section

in any case where the child or young person was
before the institution of the proceeditlgs removed
from tlie custody or charge of his parent by a11 01-der I
+ of a c o ~ ~ r t .

22. Notwithstanding aaything to llle coil trnry Setltcilcesthat may be

colltaii~edin any law no child or youllg pel-son sllall passed on
be selltenced to death '[or imprisonmel~t] 01. l:ommitted a child.
to prison in tlcfnult o S payment o f o CIIC or it1 d c f i ~ r ~ l t
C
of fllrnisllil~gsccw*ity :

1 rlrcsc words wt!r4c s-lbstit lllcd for I ~ Z CW O C C ~ "

S Lrallsj>ol.t,ation
or il~~prisonrncnl by sectio~z5 01.slid he Schedule to, the Tatnil
"

Nadu Children (Amendment) Act, 1958 (Tmii N a d ~Act XXXV1I

of 1958).
a I
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LatestLaws.com

Sentences
that may be Provided that a young person may be sentenced
passed on to imprisonment or committed to prison as.*afore@d
a child. where the court certifies that he is of so umuly or of,
so, deplaved a character that he is not a fit persqn.
to be r.ent to a sei~iar'[approved] school and .th+t,
none of the other methods in which the case may,'
legally be dealt wit11 is suitable.
Commitment
of offenders
between 23. (1) Where ally person, who in the opinion of
twelve and
2[leigh tee n] the coltrr before which he is charged is '[twelve yews
years of age of age or ~lpwardsbut icsa than eighteen years of age],
to '[appro- is convicted of an offence punishable with 4[imprison-
vedl merit], the court may, in addition to or in lieu of
sentencing him according to law to any other punish-
ment, order that he be sent lo a 5[senior approved
school.]

(2) V(hci0e a child apparzntly under the age of

twelve ycars is found to have committed an offen.-
punishable with 4[ iinpl-isonment],the court, if satisfied
on incluiry that it is eupeditnt so to deal with the
child, Inny orcler him to be sent to a 6[junior approved
school].

, This qvorcI was substit~l~ed l'ot the word "certified'' by section

3 of, and t i l e Schedule to, the Tatnil Nadu Children (Amendment)
~ c t 1938
, (Ta~;lilNadu Act XXXVfI of 1958).
L This \j:c,sd was substiruled Tor t l word
~ "sixleenW by ibid.
:T . ~ ~ were subctilirtcd for ~ h words
I ~ L\\,orcis c "twelve years of
bur 1cb\ ch;ttlrixteerl years of age " by section 8(i) of the Tamil
~ ; k (-'hijkfrcn
d ~ (Alnefldr?cn t ) ;let, 1958 (Tan.lii N(?diiAcl XXXVI1
of' 1958).

his \2 LS~CIwas :,ubstit~~teclfor the words " transportation or

mprjsonrnc~lt' by section 3 of, alld the Schedule to, the
N;lrl~l('hildren (Amcnrlincnt) Act, 1958 (Tamil Nadu Act
,r;1171il
I 0 1~)Sk).
, ' T h i . 2 ~ . \L*OI.~S were s r ~ b ~ r i r ~ for d wards 'Csenior certified
~ t r the
sci1001 * ' t)y ij~ici.
. -rll~sc.
words were subs~ituiedfor the words "junior certified
scjlool " by ihid.
 LatestLaws.com
LatestLaws.com

(3) Where a child, apparently of the age of

over the other children in a '[junior approved schooll,

the court may order the child to be sent to a 4[junior
approved school] having previously ascertained that
the managers are willing to receive the child:

Provided that the Erstate Government] may,

on application of the managers of the 4Ljunior approved
,
school], by order transfer the child to a 3[senior appro-
ved school].
t

Act V of (4) Where a child or young person has been

1898. ordered by a court to give security under section
106 or section 118 of the Code of Criminal Procedure,
1898:and has failed to do so, the court Tvliichpassed
the order may order such child or young person to be
sent to a 4[junior approved school] or $[senior appro-
ved school] respectively.

1 This wwd was substituted for the words " traaspor~a,;,n or

imprisonmelit " by section 3 of, and the Schednle to, the Tamil
Nadu Children (Amendment) Act, 1958 (Tamil Nadu Act XXXVII
of 1958).
2 These words were substituted for the words "a certified schooi"
by ibid.
8 These words were substituted for the words "senior certified
school" by ibid.
These words were substituted for the words "junior certified
school" by ibid.
6 The words a Pravincial Government " were substituted for the
words 6'Local Government" by the Adaptation Order of 1937 and
the word "State9*was substituted for ''Provincial" by the Adapta-
tion Order of 1950.
* see tlow sections 106 and 117 of the Code of Criminal proce-
dure, 1973 (central Act 2 of 1974).
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614 Tarnil Nadu Children [I920 :T.N. Act

Pe~iodof 24. The order in pursuance of which the youthful

deteatioa.
offender or child is sent to '[an approved school]
shall u;.lcify the time for which the youthful offender
or child is to be detained in the school, being-

(a) in the case of a youthfill offender sent to a

8[senior approved school], not less than two and not
more than f i years~ but not in any case extending
beyond the time when the youthful offender will,
in the opiniorr o f the court, attain the age of 4[twenty-
one] years ; and
5[(b)in the case of a child sent to ajunior approved
s'chool, such time not being less than two years as to
the court may seem proper for the training and educa-
tion of the child, but not in any case ext-nding beyond
the time when the child will, in the opinion of the court;
attain the age of eighteen years.]
Power to
djschwge 25. q(l)].4 court may, if it shall think fit. instead
youthful
offenderor
of directing any youthful offender to be detained in
'[to place to be-
zjan appn )ved school], order hi~n,
him in]
suitable - (a) discharged after c?ue admonition, or
custody*

1 Sub-section (5) was omitted by section 8(ii) of the Tamil Nadu

children(Arnendment) Act, f 958 (Tamil Nadu Act XXXVII of 1958).
2Thesewords were substituted for the Tivords"a certified school
by section 3 of, and the Schedule to, ibid.
s These words were substituted for the words "senior ce@jBed
school '' by ibid
4 This word *7as substituted for the word "eighteenY'hysection
9(i), Zbid.
6 This C ~ ~ U S was
I; substituted for original C ~ U (b)
S ~ by section
9(ii), ibid.
T h e s e words were substituted for the words '(tocommit bjm tost
by section 3 of, and the Schedule to, ibid.
? Section 25 was renumbered as sub-section (1) of sectioh 25 by
section 2(1) of ihe ~~s children (Amendment) Act, 1936
(Ma&&%~ c 1 tor i937).
 LatestLaws.com

i92b:P.N. Aet N] Tamil i V a h Children 515

(b) '[placed in] the custody of his parent
or guardian or any adult relative, on such parent,
guardian or relative executing a bond, with or without
sureties, as the court may require, t o be responsible
for the good behaviour of the youthful offender
for any period not exceeding twelve months, 2[ or
(c) 3[placed in the custody of any suitable
person, whether a relative or not, who is willing to
undertake the cart: o i Lile youthful offender, until
he attaius the age of eighteen years] or for any shorter
period ;]

and the court may '[in any case in which it passes

an order unde~qclause (a) or clause (b)] pass a further
order that the youthful offeader be placed 6[under
the supervision of a probation officer or of some other
person, named by the court.]
w*
6[(2) Where a court passes an ordel under this
section placing a youthful offender under the supervi-
sion of a probation officer or of some other person,
such officer or person shall, while the order remains
in force, visit, advise and befriend the youthful offender
and when necessary endeavour to find him suitable
employment.

These words were substituted for the words " committed to "
by section 10(i) a) of the Tamil Nadu Childret (Amendment) Act,
6
1958 (Tamil Na u Act XXXVII of 1958).
* This word and clause(c) were inserted by section 2 (1) (i) of
the Madras Children (Amendment) Act, 1936 (Madras Act I of 1937).
These words were substituted for the words "committed to the
custody of any suit.able person, whether a relative or not, who is
willing to undertakle the care of the youthful offender, until he
attains the age of sixteen years " by section 10(i) (b) of the Tamil
Nadu Children (An;iendmcnt) Act, 1958 (Tamil Nadu Act XXXVII
of 1958).
4These words,letters and brakkets were substituted for the words
"in either case" by ection 2 (1) (ii) of the Madras child re^.
(Amendment) Act, 1936 (Madras Act I of 1937).
6 These words were substituted for the' words ''under the supmi.
gion of a persoa named by the court" by ibid.
Sub-sections (2) and (3) were added by sekztic~n2 (2), ibiat.
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t 920 : T.N. Act IV] Tamil Nc~cl~rCliik(h.m 117

(3) Where a pzrent or guardian is directed to

i
pay a fine under this section, thc amount may be
Central recoirered ir, zccorilznce with the previsions of the
Act v of Code of Criminal 13socedc,re, 1898;'.
1898.
i
t , 27. (1) When a child or young person is convicted Detention in
of an offence of so serious a natur c that the court the cage of
is of' opiniol~:,hat n c punishrnell: whici,; 7 1 nder [fiecertaiv +'

provisiolls of ;'is Act it is au:korizcd to ~ i ~ f l i cis! committed

LatestLaws.com
sufficient, the coati siiall order the ctkT':~;d:: by children
t o be or young
Itept in snf'e cusloi ' y iil S U C pkcc
~ or Erriirjci. r ; ~it persons.
tllinks f i 2; d sL.2 l report the cz.;: frr rile orders
of LIic '[S;s;e Gov :I nment].

(2) Not~7iihsta~1dirf;the p r ~ ; ~ l o f iofs section

22, the 1IStatc Go iernment] mdy order any such
child or yonzp pe:-son to be d e i a i ~ e dii7 such place
and on*S U C ~ I .c m d i i o ~ as s it ~ 7 l i i i kfit,
~ ax:d v~laile so
detained thc child c )r young persoil shzll be deemed I

to be in legal c i ~ s ! c d y:

Ptovjded that no pcricd of detei:~ic.i~31) odered

ilal? exce2i iti:: :,xi: jlum period 6 .[ ;nl,o;lronment
-;>,

t;r which tiic c::'lI ;r v?ung persoti c.: fia:ie beell

sentenced f 9 t q the r '-I C L ~ G Econ1113f
m .
: ir c:i.

28. Wllcr e a c i d 1 or young pcr; ci. clrai ged with Metho& of

ally r,%> ncc is rirr1 by any C O u i l., and the court is dealing with .

satlsficd c!' Iys , L c?l~r.t s;!all take into children and

' .,!,
considd:ratir'i? 1 . 1. mancer ir vY>lli>i, :~nder the youngrsons
p r o v i ~ el' ~ ~ ~ ally oC!l~i*Act ciq:tblil~gtlie charged with
i ~ :hi:.
colrrt to deal w !I: ;!.e case, the cnsc r l ~ o r ~ l be
? dealt ~ffe*Ces* I

with namzfy, whet 1 5 ,

the offender after due admcni-
(a) by discl~argii~q
tion; Or

1 The words ''P1-o.,,in.;ial Co-,rcrixlZci;$"

.-'-..-
).
-
s--"-*.'".,+,.~ 401'
Ul'd
P
-.UJLICLL~LL.

kcrds ''Local Govern: ~ e n t "by the Adaptation Order of 1937 and

the word "State" was, :;ubstituted for "Provinr,lal" by the Adapta-
tion Order .of 19c0.
edure, 1973 (Centra
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LatestLaws.com

618 Act W
Tamil NaJu Children 11920 : TON*

(b) l[by pladng the offender in the custody

ofhis parent, guardian, or any adult relative, on such
parent, guardian, or relative executing a bond to be
res~onsible
- -- A,
for his good behaviour ; or
2 [ ( ~ ) by placing the offender discharged under

clause (a) or placed in custody under clause (b) under

the supervisioi~of a person named by court ; or]
"[(d)l[by placing the offender in the custody]
of any suitable person, whether a rdative or not,
who is willing to undertake the care of the offender ;
or]
3[(e)l by the offender to a junior.
'[approved school] or
' [ ( f ) ] by sending the ofTender to a senior
'[approved school] ; or
"(g)
6 * 9L 1
3[(h)]by ordering the offender to PaY a fine ; or
"(i)] by the parent or'... guardian of the
-+

offender to pdy a fine ; or

~ [ ( j )where
] the offender is a young person,
by him to imprisonment ; or
..[(k)]by dealing with the cnse in any other manner
in wilich it may legally be dealt with :
pl-ovided t i ~ a tnoth;iia ;,I :hi: section shall be
coni.ruej 2s a::hcrizicg the coiirt t r ~deal. with any
cdse in 3b3. E .a ie; in which i t cr~uldnot deal with the
case apart frcrrn tl-lij section.
* - - - .- -.#
1 Thesc words were substituted for the words "tycoxrrrittjr.p i l e
o~tkfidorto the c ustody " by section 1 1(i) and (iil) of the Tamil
Nadu Children (Amcrdn:ent) Aci, 1958 (Thmii Nadu XXX\ 11
of 1958).
2 This clause was st!b\tituted lor original clause (c) by sec:ion
I1 (ii). ibid.
3 C ( d ) to(j) were relettered rs clauses ( e ) to ( k ) lespectivcly
and clause ( d ) was inserted by section of the Madras Chi]dlcn
(Amendment) Act, 1936 (Mzdras Act 1 of 1937).
4 Thcsv \\lords ncrc substituted for ihc \! ords "cer:ificd r t ] on1 "
\y seciioll 3-of, ai,d ihe Schedule to, the l'amil hradu Children
P . m c ~dment !Act , !::5 S ('Tamil Nadi~Act );XXS!iI of 1958).
5 C; luse (g) was on~ittedby section ll(ir~) of the Tamil Nadu
Chilt~r-n(Amendn~cnt)Act, 1958 (Tamil vad~Apt 10(XVI[ pf
1958). * - - -__. ___
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--

: T.N. Act IV] Tamil Nadu Children 519

PARTIV. ,

Children arld young persons not being youthful

offenlrs.

29. (1) In any area to which the '[Sta,te Government] Children

g
shall direct that this section shall apply, any person liable to
authorized in this behalf in accordance with rules **
made by the 2[State Government] Inay bring before ?[approved
a court any person apparently under the age ofscbools].
'[sixteen] years who-
(a) is found wandering and not having any
home or settled place of abode, or visible means of
subsistence, or is found wandering and having no
parent or guardian, or a parent or guardian who does
not exercise proper guardianship ; or
(b) is found desiitute, not being an orphan
and havlng both parents ox. his surviving parent, cr
in the case of an illegitimate child his mother, under-
going 4[imprisonment] ; or
(c) is under the care of a parent or guardian
who, by reason of criminal or drunken habits, is
unfit to have the care of the child; or $3. -
(d) frequents the company of any reputed thief ;
Yorl
.- A

1 These words were substituted for the words " certified schools "
by section 3 of, and the Schedule to, the Tamil Nadu Children
(Amendment) Act, 1958 (Tamil Nadu Act XXXVII of 1958)-
2 The words '< Provincial Government " sere substituted for the
words "Local Government" Zy the Adaptation Order of 1937
and the word "State " was substituted for " Provincial " by the
Adaptation Order of 1950.
This word was substituted for the word " fourteen" by section I
1Z(i) (a) of the Tamil Naau Children (Amendment) Act, 195 8 ('Sam11
Nadu Act XXXVII of 1958).
This word was substituted for the words "transportation or
imprisonment " by section 3 of, and the Scl~eclult*I". it~id.
 LatestLaws.com
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520 Tu~nilfikiintL~Children j1920; T. N. Act Iv

l[(dd) is found in any street or place of public
resort begging or receiving alms, whether or not
there is any pretence of singing, playing, performing
3r for the purpose of so begging or receiving alms;ior]
'[(e) is living in a house used for an immoral
purpose or in any other circumstances calculated to
cause, encouraae or favour the seduction or prostitution
of the child ;]
and the court before which a person is brought as
COIL:.-- within one of those descriptions, if satisfied
dn inquiry of that fact, and that it is expedient so to
deal with him, may order him to be sent to a junior
3 [approved ~chool].

(2) Wkre under this Act a court is empowered

4EPower t o to order 3 cl!ild to be sent to a junior 8[approved
place child in
school], the court, in lieu of ordering him to be so
~ suitable
custody.] sent, may make an order "placing him in suitable
custody in the prescribed manner until he attains the
age of eighteel1 yea:s].
6[P~werto '[(3) Any police officer or other person authorized
place youn# ~y the State Government in this behalf may bring
Person in before a court any person apparently of the age o f
ouitablp cus-
t ody.1 sixteen years so circumstanced thti; he would come
within one or other of the descriptions mentioned
--I---- ..-. ---- ...-----.-..
1 This clausc was inserted by sccticn 32 (i) ( h ) of tte Irn il F a
Children (Amendment) Act, 1958 (Tamil Nadu Act XXXVII of 195
2 Clause (e was inserted by section 4 ( 1 ) of the Madrag
hildrcn (Ame.idr.lent) Act, 1936 (Madras Act of 1937).
"These \vard:s uere substituted for the words ''certified school "
by section 3 of, and the Schedule to, the Tamil Nkdu Children
Amendment) Act, 1958 (Tamil Nadu Act XXXVII of 1958).4
G
4 These words were substituted for the uords "Po~crto comm~t.
child to suitable custody " by ibid.
These words were substituted forthe wordsC'forthe committa.
of the chiid to suitable custody in the prescl-ibcd ranr,cr uwil kc
attains the age of sixteen years " by section 12(ii) of the Tamil Nadu
Children :Amendment) Act, 1958 (Tamil Nadu Act XXXVII of 1958).
rhcse words were substituted f ~ ther words "Power to commit
)oung person to cdre of relative or iit person in certain caces ?' by
section 3 o!', acd ti12 Schedulz to, {bid.
: 1 t,is sub-sectiorl wa3 substituted 'for orjginal sub-wtioxz (;3) y
se ctlon 12, {iii), ibid. ."
t
. ..
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1920:T.N. Act fV] TamilNarla-Cltildrcn 521

in sub-section (1) and the court if satisfied on.inquiry

of that fact and that it is expedient so to deal with
him, m ~ ymake an order placing him in suitable
custody in the prescribed manner until he attains
the age of eighteen years or for any sh:>rtesperiod :

Provided t h ~ ai &i-: c s 5 n g within the description

mentioned in clause (e) of sub-section (1) may be
placed in such custody until she attains the age of
twenty-one years ar for any shorter' period.]
,$j
(4) The court which makes an cader '[placing a :' ,- ,> . .> f$$
. y. s
f

child or young person in] suitable custody under -this

I * .

? #

section may in addition order that the child or young 4%

person be placed under the. supervision of a persbn <,
%-

2
named by the court. ( _ )

*n

30. Where the parent or guardian of a child 2[or Uncontral-

young person] proves to a court that he is unable tr, labis
control the child 2[or young person]; apd that he de- ehil4r.o.
sfres -the child 2[or young person] to be sent to
approved school] the court, if satisfied on i n q u e
that it is expedient so to deal with the child 2[or young
person] and that the parent or guardian understands
the results which will follow, may 4[arder the child
or young person to be sent to a junior or senior
s(approved school), as the case may be.]

1 These words were substituted for the \slords " committing a

:hjld or young person to" by section 12 (Iv) of the Tz~nilNadu
Children (Amendmc?nt) Act, 1958 (Tami! Nsdu Act XXXVII of
1958).
2 These m ~ d were
s inserted by section 5 (1) (i) of the Madras
Children (Amendment) Act, 1936 (Madras Act I of 1937).
8 These words were substituted for the words " a certified schpo] fi
by section 3 of, and the Schedule to, the Tamil IJadu Children (Amend.
rnent) Act, 1958 (Tamil Nadu Act XXXVII of 1958).
4 These words wore substituted for the words " order him to be
sent to any such school " by section 6. (1) (ii2) of Madras Act . . I. of
"
1937.
5 These words were substituted for the tvortls '' certified school
by section 3 of , and the Schedule. to, the Tamil Nadu Childfen
(Amendment) Act 1908 (Tamil Nady Act XXXVII of 1955).
3
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l[Explunatid~t.-Where ally yo ung person is - ,

,
ordered to be sent to 2(an approved schoo1)undcr
this section the provisions of this Act shall, so far as
may be, apply to him as if he were a youthful offen-
der.]

Maintenance mrd ti*eotntent of peioso,~.cs ?nt to 3[approv-

e d schools 4:ol*p;acedin suitable d u s t d y ] .

Contributioa 31. (1) The :owt whicn lllartes an oider for the
ofparent.
detention of a youthful offender cr child in %[an app-
roved school] or for 6[placinga child or young person
in] suitable custody under this Act may make an
order on the pcirent or other person liable, to main-
tain the youthful offender, child or young person
to contribute to his maintenance, if able to do so in
the prescribed manner.
(2) Any order made under this section may from
time to tims be varied by the court.
(3) The persons liable to maintain a youthful
offender, child or young person shall for the purposes
of sub-section (1) include in the case of illegitimacy his
putative father :
Provided that where the youthful offender,
child or young person is illegitimate and an order for
his maintenance has been made under section 488 of
- -- ---
This Explanation was added by section 5 (2) of the Madras
Children (Amendment) Act, 1936 (Madras Act I of 1937).
3 These words \Yere substituted for the words "a certified school"
by section 3 of, and ihe Schedule to, the Tamil Nadu Children
(Amendment) Act, 1958 (Tamil Nadu Act XXXVXI of 1958).
8 This word was "ubstituted for the word 'certified', by ibid,

4 These words were substitued for the words " or committed to

suitable custody " by section 13 of the Tamil Nadu Children (Amend-
meat) Act, 1958 (Tamil, Nadu Act XXXVII of 1958).
8 Thase words were substituted for the words "the committal
of a child or yo~lngparson to" by section 14, ibici,
4

-------I-

I
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r-
51.
j'
-*--.--
:,
*--
-- - -
---- .

1920: T.N. Act IV] Tamil Nadu Children 523

antrial the Code of Criminal Procedure, 1898*, the court shall
1"6*
of not ordinarily make an order fcr contribution against
the putative father but may order the whole or any
part of the payments accruing due under the said order
for maintenance to S ' U C ~person or persons as may be
named, to be applied by him or them towards ':ie
maintenance of the youthful offender, younh person
or child.

(4) Any order under this section may be enforced

in the same rnanner as an order under section 488 of
central the Code of Criminal Procedure, 1898*.
Act V of

32. The managers of a junior l[approved] school Boardingout

to which a child under the age of eight years is sent of children.
may, with the consent of the chief inspector, board the
child out with any suitable person until the child rea-
ches the age of ten years and thereafter for such
longer period, with the consent of the chief inspector,
as the managers consider to be advisable in the
interests of the child, subject to the sxercise by the
managers of such powers as to supervision, recall, and
otherwise as may be prescribed ; and where a child
is so boarded out he shall nevertheless be deemed for
the purposes of this Act to be a child detained ia the
school, and t h e prdvisions of this Act shall apply
accordingly, subject to such necessaiy adaptations as
may be made t y the 2[State Government].

This word was substituted for the word " certified " by section
3 of, and the Schedule to, the Tamil Nadu Children (Amendment)
Act, 1968 (Tamil Nadu Act XM(VI1 of 1968).

1 2 The words c ' Provincial Government " were substituted for the
words " Local Government " by the Adaptation Order of 1937 and
the word " State " was substituted for "Provincial " by the Adapta-
tion Order of 1950.
dure, 1973 (Centrat
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Placing out on 33. (1) Wher-e 2 y ~uthful offender or chii4 is

detsincd in ~ I : ; L I - ~ approved s(:i10011, the managers of
the school may at any time with the consent of the
chief iaipccior, u r after the expiration of eighteen
months of the period cf deteiltion without any sbch
consent, by licence permit thc: youthful offender or
child cfil the conditions prescribed in this behalf to
live with any trustr!orthy and, resprctlble person named
in tho licence wi lii ng to rcceivc and take charge of him:
"[Provided illat tile chief inspector may exercise
tho poivers coliferred on the managers of the school
by this sub-c :c:ion if, in his opinion, there will be delay
in o b t ~ i n i n bthe orders of the managers and such
dday will be; p:ejudicial to the interests of the youth-
ful offender 07- child conceri~ed. A copy of every
order made uttder this proviso shall be communica-
ted forthwith to the 3[State] Government and another
copy shall be commanicatcd as soon as may be to
the ma mgers cf the school.]
(2) Any licence so granted shall be in forcc until
revoked or forfcitecf by the breach of any of the condi-
tions on whiciI.'it was granted.
(3) The manazcrs of the school may at any time
by oader in writing revoke aliy such licence,
and order the yo~ithful offend~ro~ chiid to return to
the ssch lo1 ai-id ddo so at the de:ii<:e of the person
l;l~:q-l.

wit17 51;: :om the y~i?,l;hf~I ofl'ender or child is liccr,sed

to live. If tile ~.i,Lilhful ofirider (-1. child refuses or
fails to r ~ t u r ntc: t l ~ cschool, the ma:xrgles of the school
m.ay, if' neceswry, cvrest or w.ice to be wrested the
youthf1.1Ioffender or chi:' c.: L !-.kc hinl or cause him
to be. taken back to the school.
- I_...- ---- -.-.-.------. 2

subs!il~.ckd f ~ rhe words " a certified

1 Ti.zn;c 1 ~ 0 i . d ~ .re
I\\

schoi>l " by s:c:io,~ 3 of, and th: S~;l~cdu!eto, thc Tamil Nadu
Children (Arncndiilcnt) Act, 1358 {Tamil Nadu Act XXXVII of
1958).

8 ' r h ' ; word v,,:;.; substituted for (fie word " Prqviocjal" by
the BclLlplation O~t!cr.of 1950.
$

I
- ,
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(4) Whsn a.licence has been revoked or

the youthful offender or child refuses o
return to the scl~ool,a court, if satisfied by in
on oath that there is reasonable grouxd for
that his parent or guardian could prcduce
ful offender or child may issue a. summons requirilig return t o a
the parent or guardian to attend at the c:ourt on such a school when .
licence has
day as may be specjfied in the sunmmo is, and to pro been revoked. .+; , F

duce the child, and, if he fails to do so without reasonz- -4 . J ~ ~

ble .excuse, he shall, in addition to any other liability .YP , $?,.

to which he may be subject under the provisions of 1

i,r

this Act, be punishable with a fine not exceeding fifty -#

(5) Where a parent or guarclian is directed

to pay a fine under this section the amount
'Gntral may-be recovered in accordance with the provisions
Act V
of 1898. of the Code of Criminal Procedure, 1898.*

(6) The time during which a yquthfid offender

or child is absent frcm '[an a~provedschoc!] i n Fur-
suance of a licence under this section shall bc: deemed
to bz. part of the time of his detention in the school:
Provided that, where a yo:!thful oKcndc: or child
has f ~ i l e dto return to the school on the licenci: beug
revoked or forfeited the time which elcCpscsil.-tes his
failurc so to return shall be excluded in cornp~itingthe
tirne during which he is to be detained in the scl?ool.

I 34. Whoever- Penalty for

abetting
I (0) knowingly assists or inddces directly or in-
escape of
gek\t',
I directly a youthful offender or child detained in or child.
i placed out on licence from '[an approved school] to I

1 These words were substituted for the words " a certified

school" by section 3 of, and the Schedule to, the Tamil Nadu Children
(Amendment) Act, 1958 (Tanil Nadu Act XXXVII of 1958).
* set low 'the Code of Criminal Procedcre, 197 3 (Central
A& 2 o! 1974), Secs. 125 and 126. . .
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426. ihmil ~ a d uChiZdi.cn [1920: T.N. Aot- 1v

escape from the school or from any person with whom
he is placed out on licence; or any child or young
person to escape from the person '[in whose custody
he is placed] under the provisions of this Act;
(b) knowingly harbours, conceals, or prevents
from returning to school, or to any person with whom
he is placed out on licence, or to the person l[in whose
custody he is placed] under this Act, a youthful offen-
der, child or young person who has so escaped, or
kntiwingly assists in so doing
shall be punishable with imprisonment for a term
which may extend to two months or with a fine not
exceeding two hundred rupees, or with both.
Discharge and 35. 2[(1) The State Government may at any time
transfer. discharge a child placed in suitable custody or a youth-
ful offender or child detained in an approved school,
either absolutely or on such conditions as the State
Governme:lt :ipproves.]
3i(2) The '[State Governrn?nt] may order-
(a) a yoltthful offender under the age of 6[sixteen] years
detained i~ a 6[sr-niorapproved school] to be trans-
ferred to a 7[junior appioved school];

3 These words were substituted for the w ~ r d "to

s whose custody
hcis committed '' by section 15 of the Tamil Nadu Children
(Amendment) Act, 1958 (Tamil Nadu Act XXXVII of 1958).
3 This sub-sqction was substituted for the original sub-section (1)
by- section 16 (1).
,., ibid.
- --
7~ub-sections (2), (3) and (4) were substituted for the original
sub-section (2) by section 2 of the Madras Act VI af 1928..
* The words "Provincial Government" were substituted for the
words 64Local~3overnrnent" by the Adaptation Order of f 937 and
the word "State*' was substituted for "ProvinciB" by the Adaptation
Order of 1950.
This word was substituted for the word "fourteen" by
section 16 (ii)(d) of the Tamil Nadu Children (Amendment) Act,
1958 (Tamil Nadu Act XXXVII of 1958).
These words were substituted for the words "senior
certified school" by section 3 of, and the Schedule to, ibid.
' These words were substituted for the words "junior certified
school" by tbid.

- -
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(b) a youthful offender or chi?d to be trans-

ferred from one l[senior approved school] to another,
or from one 2Uunior approved school] to another;

3[(bb)a child placed in suitable custody to be

transferred to pypl*nvpd school;

(bbb) a child detaiced in an approved school

to be transferred to suitable ~ustorly;]

(c) a child over the age of twelve years detained

in a 'Uunior approved school] to be transferred3to a
[senior approved school],

(i) when such transfer is for the welfare of

the child, or

(ii) when the child is found to be exercising

an evil influence over any other child or children
in the school or is guilty of a serious breach of the -
rules of the school or of escaping from the school;
1
(d) a ysuthfill offender over the a-geof '[sixteen]
years detained in a 2[junior approved school] to
be transferred to a Denior approved :ichooI] when a
majority of the other children in the qunior appro-
ved school] are much below his age, or when
there is not sufficient accommodation in the '[junior
approved school] ;

, These words were substituted for the words "senior certified

school" by section 3 of, and the Schedule to, the Tamil Nadu
Children (Amendment) Act, 1958 (Tamil Nadu Act XXXVLI of
1950).
a These words were substituted for the words "junior certified
s~bool'' by ibid.
SThese clauses were inserted by ~ection16 (ii) (6)of theTamil
Nadu Children (Amendment) Act, 1958 (Tamil Nadu Act XXXVII
of 1958).
This word was substituted for the word "fourteen" by section
46 . (ii) (c), f bid.
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1926,

"(2-A) Thc powcrs co;~ferrcilon the 6[State]

Government by clauses (a), ( B ) : '[(bb), (bW3,
(c) and ((1) of sub-section (21) may also be exercised
by the chief in;p,c-or. A copy of every order passed
by the chief i:-l:;p::c;or under this sub-section shall be
communicateci f~'cl.?'.~with to the "[State] Government
with full informiiii,,n kuy... -.;i...,. a,.,. t!lr age of the youth-
,. -.,.1

ful offender oi. child, the languag- spoken by him, and

such other : ~a.f.tici!larsrelati~lgto him as may be pres-

7(3) U , p a the transfer of a youthful offender to

qTami1
aSorsta1 scl-~oolunder clause ( e )ofsub-section (2) Nadul
above th- praviiions of the 3LTarnil Nadu] Borstal A ~ of~ V
Schools Act, 1523, shali apply to such offender as if 926.
he had been origillally sentenced to detention in a
Borstal s c h o ~ ul~der
l that Act.
c- -w
-- ---
This word was substituted for the word "sixteen" by section
16 (ii)(d) of the T:imi 1 Nadu Chiiclren (Amendment) Act, 1958
(Tamil Nadu Act XXXVII of 1958).
These words wcrc substituted for the words "senior certified
school" by sect ion 3 of, and the Schedule to, ibid.
3 These words were substituted for the word "Madrasw by
the Tamil Nadu Adaptation of Laws Order, 1969, as amended by
the Tamil Nadu Xii.t?ptationof Laws (Second Amendment) Order,
1969, wllich came into force on tile 14th January 1969.
a ' l i L : . sub-section was inserted by section 3 of the Madras
2hildren (Amendrne~t)Act, 1939 (1L"ladiasAct XIV of 1939).
a This word w3s substituted for the word "Provincial" by tbz
Adaptation Order of 1950.
G These brackets and letters were inserted by section 16 (iii) of
the Tamil Nadu Childreu (Amendment) Act, 1958 (Tamil Nadu Act
XXXVII of 1456). . .
7Sub-sectians (2>, (3) and (4) were substituted for the ori@;inal
sub-section (2) by section 2 of Madras Act VI of d92L s .i
 LatestLaws.com

- (4) The total period of detent!on of. the puthful

offender or child shall not be inirrased by any
transfer under this section.j
'en
l[35-A. (1 )The 3[~tate]Governmellt may, gellerally Trans
aecweeo
or specialiy, notify in the Official Gazette that ilily2ta~Proved
specified 4[approved scllool] situated in the 5[Statc of schools]
schuols and
Tamil Nadu] shall be available for the l~eception of like nature
children, young persons and yo:,tl~ful offen- in different
i ders directed to be sent to ' [ mapproved school], I,di,,Parts of

1 reformatory school, or other school of a like nature

by any Court or Magistrate in any other part of '[ ]
India; and thereupon provision may he made for the
removal of the children, young persons and youtl~fu1
offenders concerned accordingly :
Provided that no notification shall be published
underthissub-sectionwithouttheconsentofthe '[ ]
Government of the part of '[ ] India concerned.

1 This section was inserted by section 4 of the Madras Children

(Amendment) Act, 1939 (Madras Act XIV of 1939).
8 These words were substituted for the words "certified schools"
. by section 3 of, and the Schedule to, the Tamil N :du Children
(Amendment) Act, 1958 (Tamil Nadu Act XXXVll of 1958).
8 This word was subs.ituted for the worct "Pruvir-cia]'' by the
,Adaptation Order of 1950.
4 These words were substituted for the words " certified
school*' by section 3 of and the Schedule to, t:le Tamil Nada
Children (Amendment) Act, 1958 (Tamil Nadu .4ct XXXVIl of
1958).
6 This expression was substituted for the expressionUStats of
Madras*' by the Tamil badu Adaptation of Laws Order, 1969, as
amended by the Tamil Nadu Adaptation of Laws (second Amend
merit) Order, 1969, which came into force on the 14th Janumy 1969.

6 These words were substituted for the words " a certified schoolw
by section 3 of, and th3 Schedule to, the Tamil Nadu Children
(~mendment)Act. 1958 (Tamil Nadu Act XXXVII of 1958)
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530 7ililzil Nadu Clrildren [1920: T.N. Aot IV

(2) Thc1[Stnte] Govcrnmerlt may direct any child,
young 9person or youiilful offender to bz transferred
frem -!any approved sci~ool]in the 3[State of Tamil
Nidu:] to 7 any q>prov.:ti schooll, reformatory school,
or oti-tcr qchool of a like nttburc in any other part of
ir
L l~idia:

P~.,-;viBt.ilthat 110 o::t' shall be transferred under

this sub-;cction withot!l the cor~se.tltof the L[ ] .
C;uve~.lu~~;:~iofthcpa:.tuF'[ :I lridiaconcerned.

(3) Tllc IiState] Governn~entmay coosent to the

t. ansfer to '[an approvet1 school] under this Pkct, of
a child, y~)iingpei-soil or. youihft~loffender dei3ined
in " ~ a n ~ y a pprovzd sd~oo!],re f~nnatory schod, or
other : chool oi a like 11;itnre iii any other part of *[ 1
India a d upon such tr~insferthe provisions of this .
~ ~ild, young person or youth-
Act shdll apply to s L I C cl-1
ful offender as if hc had been originally ordered to be
sent to "inn rpproved schoolj under this Act].

i 'This w ,)rd was substituted for the word "Provincialw by the

.Adaptation Orcier of 1950.

3 These worcls were substitated for the words ''any certified

~chool"by sectioii 3 of,and tile Schedule to, the Tamil Nadu
(ltziltlren (.~menQment)Act, 1958 (Tarnil Nadu Act XXXVII of
1958).

3 This euy-ession wns sub?:titulcd for the expression "3tate of

~ : i J r a $ ' ' ts:/the Tanlil N?du Ad(1pfationof L2ws Order, 1969,
amended try the Tamil N;rdu ,4d lptation of Lajvs (Second
~ ~ l L f 10fj9, \\ [j;c:h c; Ilic into force on the J 4th
A l ~ ~ e n d i l ~Order,
j s \ ~ u s r y1 960.

5The wort! "Stat." - - ' - ' - I -- ? v , ~ S sllf~stituted for the word

C'Prorincial" by the A c l a p t a t i ~ ~07: ~Laws Order, 1950 was omitted
by section 4- of, and t h e Third Schedule to, the Tamil Nadu ~ e ,
pe:iliag t i ~ dAmending Act, 1957 (Tamil Nadu Act XXV of 1957).

6 These~"rordswere substituted for the words "a certified school*s

by 3 of, and the Schedule to, the Tamil Nadu Children
n t ) 1958 (Tninjl N a d ~Act XXXVlI of 1958).
\ ~ ~ e ~ d n . eAct,
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. - --- --_- - - _
.r
si-.-- --4, *
- - - - ---i_---______ _ _ _

,.%*,
Z T *%
.~& . * 'TL;Pdl .Y&~J
II%$Ez;m-:
p5-B. In respect of a youthf~~l
der, child or youllg persol1 detained as an inn1
an approved school, due for discharge or releas
Chiei Inspector, if satisfied that 11e is incori-igibleand
that in the interests of the inmate it is e ipedient to
place him, arter discharge or release, undei the super-
visioll of n probation oficer or i n an afler-care oi gal?i-
zation, may make an order placing the inmate so dis-
charged or released ul:der the supervision of a pro-
bation officer or in an after-care organization estab-
,
lished or recognized uild.;r the rules made under sec-
ti011 3K-A, fc~r?: pericd tc; he specilied ir, i t c ordef..]

Jzr venile Court,:i.

36. (1) Thc 2[StaleGovernment] may proliide for tile ~uvenileCourt?
establishment in any district of one or more se-
paratr. courts for the hearing of charge.: againsi chi]-
d ren k l r young persons or of appl.ications for orders or
licences relating to a child or y0u11g per.scin at u?h;ch
the a~tend:sn~c of ihc ch'ld or young person is
required.
- ---. --- ---- -- - -
1T~I:~ was inserted by section 17 of the Tanlil Nadu
i Children (Amendment) Act, 1958 (Tam11 Nitdu Act XXXVII of
1958).
a The words "provincial Government" were substituted for t he
words "Local Government" by the Adaptation Ol.der of 1937 alld
word "State3' was sobqtitutcd for "Provincinl" by the
qtation Ordor of 1950 ,
13-34~
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532 Tamil Naau Clr?Zdrea 11920: T.N. Act I V ,

(2) Wnere no such separate court has been

establisl-\ed the court before which a child or young
person is brought shttll '[ * * * **
s $ ?tr ] whenever practicable, sit either in a
4fferent building or room from that i ~ which .
tile ordinary sittings of the court are held or on
different days or at dificreilt times from those a$
which the ordiilnry sitlings are held.

?\ny court dealing wi.tli any case under

2[(3)
section 29 shall, whencver practicable, sit either
in 3 differel~t building or room from that' in which
the ordinary sittiugs S the court are held or
on cliffel-e~ltdates or at different times from those
at wlliclr the ordinary sittings are held.

Vl'l~en any juvcnile court is, whether on

(4)
1 application made to it o r otherwise, of opinion
that :ul accused in ally trial before that court has
committed tlie offence solely at, and in consequence
.
it
~
t

. of, the instigation of an adult. it may direcd

an iinvestigation to be made by any Police Ofticer
s

L ;
4 ,'

against thdt adult and such investigation shall be

deemed to be an investig:ltion under Chapter XIV
Central Act
v of1898, of the *Code of Criminal Procedure, 1898.1

1 .

- ---

2 These sub-sections were added by section I8 (ii), fb

r See now the code of

of 1974)
-- - - _ I
-
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-7*. - .PspT. ,?
.'. -7 :-* ,<- .--
nr~d90 tcng persons.

36-A. (1) W hoe~rerhaving the cictual charge of Puni'hme~t for

or control over, a child or young persoil wilfully cruelty toand
assaults, ill-treats, neglects, abandons or exposes him young persons.
or causes or procures him to be assaulted, ill-
treated, ileglected, ~~bandoned,
or exposed or neglects,
in a manner likely to cause unnccessaly mental
or . physical suffering, to provide adequate food,
clothes or medical aid or lodging for the child
or young person shall, on conviction, be punishable ..
with imprisonment of either description, for a term <-.
li

which may extend to two yeats or with fine which

may extend to one thousand rupees or with both:
Provided that where the offence under this section
is committed against a woman, being a married young
person, the conrt tryingthe offence may, for repsonb to
be recorded in writing, permit the cffence to be com-
pounded by the husband or if the husband i s thc person
accused of such offence by some person w h o had
caie of her before her marriage.
(2) The infliction of reasonable punishment on ;"
*

a child or young person for a proper reason shall not < < *2

be deemed to be an offence under this section. ."

t&
l"
> 3.
36-R. Whoever ernploys any child or youngEmploying chi'drcn and if
L'

person for the purpose of begging or whoever having young persons :

the custody, charge or care of a child or young person for begging. t %

connives at or encourages or allows the employmetlt of M i .

such child or youi~gperso11 for the purpose of begging,

fand whoever uses a child or young persoil as an exhibit
or the purpose of begging shall, on conviction, be
punjshable with i~nyrisonmentof eithec description
cc-c.-- -c--

1 Part VI-A was inserted by section 19 of thc Tamil Nada

children (Amendment) Act, 195 8 (Tamil Nadu Act XXXVII of
)
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LatestLaws.com I 4 i ; ~ # g 4 %'.@ ' q
I'P. , ~ ~ D I
.p t,'*
6 ,

53.1: C/riltlien [1920: T.N. Act IV

for a term which may extend to one year or with fine

which may extend to three hundred rupees or with
both.

Penalty for 36-C. Whoever gives or causes to be given to any

giving inloxi- cl~ildor young person any illtoxicating liquor or
cat ing 1iquor or
dangerous drug dangerous drug or employs ally child or young person
$9-
*: .
g
*
to child or for carrying or transporting liquor or dangerous drug
',-$
;.kZ
young person* the consuinp! ion of which is an oirence under any law
g&
pp
9- in force, sl~all,on conviction, be punishable with
1
I
$&$- fine which ;nqf extend to live hui~dredrupces.
@: $'

c
% %
Penalty for 36-D. \V hocver takcs :. child..or young person to
?+ permitting :my plnce ~ ~ 4 l e r cin:oxic;i~ing !lqi~or or dangerous
$+ or young person
-
:*;"$
to ent\,r places drugs :~i.c&)oldand wii~c\~i:r ~ ~ e i cthe ~ g proprietor,
where liquor or owricr or d j)?inSonill C ~ I ~ Ioi ~ C such place permits
i'

6;"$
"s.'
"is is sold.
-, -
dangerous drug a child oj you:ig ;:.: . .. 3 c*.! er such place, and
+ {

$ ahozver ci;uscs or p1.ocii scs a chiid to go to such

A pl:tcc, sli ill, na conviction, bc pl.lnishable with fine
which may extend to two hundtcd rupees.
'4:

Inciting chiid or 36-15. Whocver by words cithcr spoken or written

:roung perzon to oi* hy signs oi. otherwise ii~citcsoi. attempts toincite a
bet or borrow*
child or yo:!:;:. person io m k c any be! 01- wage; or to
ento. into or take any share or iniercst in any
I bcl ti~lgor \vngcring tsarsaction or to bol-row llioney
or to ellies inio any transzction involving the borrowing
bf money, shall, on conviction, be punishable with
ilnpriso~mlcntof cither dc:;sription for ;I term wlGch
m y culcii,i toone moilth o? wilh fine uhich may
exte~ltlto o ! ~ chundred rupces or wifh both.

raking on 36-14. W h o ~ v c r pu l c h : i ~ s or takes on pledge

pledge or
purchasing from a child 01- young person whether
Zklry a ~ i i c \ c
articles from I by thni child 01. yoting pcrson on his own behqlf
> ~ : . Ced
child or young
person, or 011 behalSof any other person, shall ,on conviction,
eb punishable with finr which nmy extend to five
hundred rupees. t

-- -I-'.-* -
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LatestLaws.com
_ _
*.I-----/--
- ------

1920: TON*
Act IV] Tomil e&,&r: 635

3 6 4 . Whoever allows or permits n child Allowing or

-
, .
permitting child
ovcr the ngc of follr ;-t.1:~ or 3 )-OUII, II 311 ILJ I cside or
tT -\
young person
in or frequently go to a brothel shall, on coi~vic!ion, to ke in brothel.
be punishable with in~prisonmentof eiihci dceci-iptio~l
for a term which may extend to two ye:iis or with fine
which may extend lo one thousand i.upees or with
both.

36-H. If it appears to a court on th:: complalnt ~ f ' y o u n g&irls

any person that a girl under the age 01 sixteen years exposed
or seamtion t o risk

is with or without the knowledge of ller parellt or etc*y

L
guardian, exposed to the risk of seduction or prosti- I

tution, the coart map direct the parent or guardian to

enter into a iecogl~isance to exercise due care and
supervision in respect of such girl,

36-1. (1) Whoe~cr secures a child or young Withholding

or of or living
perroil osten:cibly for 1-11~puipose of em~)2o~,mt:qt on
of child
labour ailtl wiihholds o; Fves on the exnings of.sllch employees-
. .
child or young ycrholl,
I 1
CO;~v!cti~i~,
a~~:s~.t, bc punish-
able with iii~cv~hichmay extend to one thousarld
rupees.

(2) Whoever e.cposes a child or Y O U I ? . ~~ ~ S S O to

II

imrnow! condition, shall, on conviction, be punish-

able with ii~iprisonn~ent of either description for a
terln, which may extend to two years or with fine which
 LatestLaws.com

536 Pumil Nadu Cltildrcn [1920: T. N. Act 1V

PAKTVll.

Presumpt lon 37. ( 1 ) Wllere a person, whcthcr charged with an

and determi-
Q of offence or not, is brought before ally court otherwise
thsn for the Ilurpose of givijig evidence, and it appears
to the coirrt, that he is a ch0d or young pcrson, the
cou~~t sha!l lnake due inquiry a s to the age of that
person and for that purpose shal! take such evidence as
may be forthcoming at the hearing of the case, but
an order or judgment of the court sllall not be invali-
dated by ally subsequent proolf that the age of that
person has uot been correctly stated to the cohrt, and
the age presumed or declared by the court to be the
age or thc pcrson so brought before it shall, for the
purposqs of this Act, bv dccmcd to be the true age
o f that pe!-son, : i i ~ t j , wllerc i t <ippe1lrsto the court that
the perso:) so brought bcfore it is of the age ofl[cightcen]
ycars or uj3wCtrds,thc pcrson shall for the purposes of
this Act bc dcemed not,to be a chi:d or young person.

( 2 ) No court shall in appeal or revision" interfere,

with any presumption or declaration as to age made
under sub-section (1).

38, (1) Tn dctermi~ingthe 2[approved] school to

Provision as
to religious wllich youthful offcndcr or child is to be sent
Persuasion. tllis Act, ?!lc court sllall el~dcavourto ascertain the
rdli nious r :l..a,~iiisioi~
to Wh ~ C I I the yotit hfal offellder
or &ild belongs and sbaII, if i.ossjble, se!cct a school
ill which f : ~I i;ties arc afforded for instru-ction in hit,
rclig ion.

1 This word was subsiitlitcd for the word "sixtec~lwby

section 20 o f t h c Tamil N:id i~ C;hildren (Amendment) ~ c t ,
1958 (Tn,nil N ~ LAct ~ LXXX
I 1)I t o f 1 958).

'(. rhjs \ .osd was substituted for the word "certifiedWby section
3 of, and ;;heScIiedule to, ih'd.
 LatestLaws.com
LatestLaws.com

or recognition of aftercare organisations and may

vest them with such powers as may be necessary for
effectively carrying out their functions under this Act.
I
(2) Every such organisa~ionshall take care of-
children whose con~luctin the approved
(CI)
schools, scq~lircstheir being placed. or! probation ;
(b) children whose rehabilitatioil oil discharye
from approved. schools, requires further nttrmtion; and
(c) such otlier children, as in the opitio~lof
the State Government, require to be kept in suitable
custody.
C**trel 38-B. (1) Notwithstanding ai~ythiugcontained in N~join* *rial
Aot V
of 1898. section 239 of the Code o f Criminal Procedure, 189$*, ofchild or
young perrrm
....----- ---- . - . - - and adult.
I These words were substituted for the words ' 6 ~ ~ n ~ m i t t e d
to custody u~lderthis Act, the court in determining the I

person to whose custody the child Or young person #hall be

committed*' by section 21 of tho Tamil Nad11 Children
( ~ ~ ~ ~ Act d ,~ 1958
~ ~ (Tamil
~ n Nitdu
t ) Act XXXVII of
19681.
3 Thcse were illserted by soctioll 22. it~id.'
*See now th.c Codc sf CrW n l Pxocedurc, 1973 (Central Act
2 0f1974), sfstion223.
 LatestLaws.com
LatestLaws.com

538 (1920:T,N. Act IV

Tarfii' .ArClt!u Cl~ildrelr
or ally ot.hcr w C . a 1.:e +in:e being in
force, no child or young person shall be charged
wjth, cr trit d fur, any offence together with an adult.

12) If a child or young person is :~ccusedof an Centgal

on'ence for which under section 239 of the Code of Act v of
1898.
Crimic~cilP~>ocedirre, 1898*, 0s any other law for the
time beii~gi n rorce such child or. young person and an
adult would, but for the prohibition contained in
sub-section (1 ), have been ci!a~-gedand tried together,
thrs court taking cog~~izance of lhnt offencc shall direct
sepal atc tl-ids of the -.bild or young person and tbe
adult .I

gtammvs.r ,a: 39. The rnilvlction of a child or young person

ctisqwrm- shall not be rzgxrded as a c~nvictinnibr the Turposes
oation attaaB,
iag to o~nvie- of any di~c~ualification attacbirrg tc. a conviition for
tionn of offences, any \,ff~rice.

QEircurustances -:[? 4 . Fur the purpose of making ally order in

to ht. takea
into consick- ,cspcct of a child or young person ul~dcrthis Act, tt
ration in competent court sllall have regard to the following
making circrwst imces. namely :-
orderlr under
( a ) 111~.no- or tile child or yoiing person:

) clrciirnstances in which the child or

( ~ 6111c
young person or parent of the child or yo~mgperson
is living;
(cl the reports made by or obtained from the
probation officer ;
( d ) the reports made by or obtained from any
person or orgaoization approved by the State Govern-
ment for the purpose;
_____ A--.___ . . --
_. -
-
I
-
- . -

I These sc:ctions were inscrted by section 23 of the Tamil

.Nadu Childre 1 . (Amendment) Act, 1958 (Tamil Nadu Act
XXXVII of 1:>5ri).
* Seenow the Code of Criminal Procelurc, 1973 (Cent
4 c t 2 of 1974), sectioll 223.
C
. . .- . -. - C--- .
 LatestLaws.com

- ---- --- - &-St ---

192O:T.N.ActWJ TumilNarluClzildre12 539
the religious persuasion of tlie child or young
(e)
rson ; and

(,f)such other iircumstitnces as may, in the

opinion of the r~rnpctp7?+ ~ n u r t .requile to be take11
into coilsideration in the interests of the child or
young person as the case may be:

Provided that in the case of a youthful offender,

the above circum:;tances shall be taken into considera.
tion after the conipetent court has recorded a finding
against the person that he has committed the offence.

3943. (1) The State Government or such authority A ~ ~ o i n t m

as may be empowered by it in this behalf may Officers. of Probat
appoint probation officers for carrying out the purposes
of this Act.

(2) Subject to any rules that may be made

under this Act, it shall be the duty of the probation
officer -
(a) to visit children and young persons in
need of protection and youthful offenders at such
intervals as the probation officer may t h i ~ kfit;
.r

(b) to report to the competent court on the q ~ 7 :

*-$
J

behaviour of any child or young person in need of s

-"F $
!r
protection or any youthful offender; . .,

( c ) to advise and assist children and young

persons in need of protection or youthful offenders
and if necessary, endeavour to find them suitable
employment ;
( d ) where a child or young peLs.son in need
of protection or a youtl~ft~l offender is placed ul~der
the care of any person on certain cor,uitions, to see
whether such conditions are being co~nplicdwit li ; :t11(1
(e) to perform such other duties as may bo
prescribed.
 LatestLaws.com
LatestLaws.com

to be 394. The report of the probation officer or a

other report considered by the competent court und
1: 39-1 ; shall be treated as confidential:

Provided that if such report relates to the character,

health or conduct of, or the circumstpnces in which,
the child or young person or parent of the child
young person is living, the competent court may,
think3 it expedient, communicate the sl~bstancethe
to the child or young persoa or parent of the child or
young person concerned, as the case may be, and
may give the child ot yrung person or parent aa
opportunity to produce such evidence as may be rele-
vant to the m ~ t t t stated
r in the report.

D. (1) No report in any newspaper, magazine or

sheet of any inquiry regardiclg a child or young
on under his Act shall disclose the name, address
or school or any other particulars: calcul&tedto lead
to the identification of the child or young person nor
re of ally such (*hiltl or young person

Provided that for reasons to be recorded in writing

the caurt holding the inquiry may permit such
disclosure, if in its opinion such disclosure is in the
e child, or young person as the case may

(2) Any person contravening the provisions of

sub-section ( 1 ) shall be poaisbable with fine which
may extend t o one thou~antlrupees.]
40.l ['Any person in whose custody a child or young
persol1 is placed] under the provisions of this Act
shall, while /he order is in force, have the like control
over the child or young person as if he were his
-

Thcst: words were substituted for the words '* Any person to
whose custody tichild or young person is committed" by section24
of the Tamil Ncdu Children (Amendment) Act, 1958(Tarnil Nada
~ cXXXVII
i of 13581,
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LatestLaws.com

parent, and shall be responsible for his maintenance,

and the child or young person shall continue in ills
custody notwithstanding that he is claimeci ~ , yhis
parent or ally other person.

41. The provisiolls of Chapter XIdII of the Code under taker,

Bondsthe Ar,
Centlaal
A C v~ of of Criminal Procedure, 1898*, shall, so far as may be,
1*98- apply to bonds taken under this Act.
42. ( 1 ) An appeal from an order made by a court Appeals,
under sections 26, 29, 30, 31 or 33 shall lie,
I (a) if passed by a juvenile court or by any I

Magistrate other than District orn a Presidency

Magistrate1, to a District Magistrate ;
(b) if passed by a District Magistrate, to the
Court of Sessions ;
(c) if passed by a Court of Sessions or a Prcsi-
dency Magistrate1, to the High Cou~t.
(2) No appeal shall lie from any order passed
in any such appeal.
(3) Ally order passeu ullder the provisions of
this Act and not otherwise provided for may be
revised by the High Court.
[43. * * * t * I.
44. (1) The 3[State Government] may make rules for ow el. . ,.
the purpose of c;rrrying into effxt the provisions make i,. : I I

of this Act.
__I_--- .I.

1 Ac~ordingto clause ( c ) of sub-section (3) of seaion 3 of

the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) any
reference to a Presidency Magistrate shall be construed as a reference
to a Metropolitan Magistrate.
2 This section was omitted by the Adaptation (Amendment)

,. , .
 LatestLaws.com

(2) In particular, and without prejudice to the

wnerality of the foregoing, such rules may be made
t>
with regard to -
(a) the establishrneji t and inaintennnce ot
l Capprored] scl~ools and auxiliary llorncs and the
"approval] of schools as senior atld junior l[appro-
vetl] schools ;ind of auxilin:-y holilcs ;

"[(un)
the establishm~i~t
or recognition of rescue
llolnes a i d the classes of children, young persons or
youthful offcndzrs tllat may be sent t3 such homes ;
or rzcugrl ition of homes
(am) the establisl~mei~t
and institutions to which cl~ildren, young persons,
and youi!lful offenders who are melitally deficient
or physically haildicapped or are suffering from conta-
gious or incurable diseases may be sent for detei~tion;]
(b) the tncillngement of l[approved] schools,
*[rescue hon les] and auxiliary homes ;
(c) the appointmedt of visitors and their tenure
of oflice ;
( d ) the inspectian of [approved] schools ;
[(e) the maintenance of the inmates of approved
schools and the education and training of such inmates
either in such schools or in special cases, in educational
institutions or institutions for professional, vocational ,

or technical trailing outside the limits of such schools;]

..ye- .--*- -- -
1 This word was substituted for the word "certified" by section 3
of, and the Schedule to, the Tamil Nadu Children (Amendment)
Act, 1958 ('raniil Nad~rAct XXXVlX of 1958).
2 This word was substituteif for the word "certification" by
ibid.
3 These clauses were iusertecl by section 25(1) (i) of the Tamil
Nadu Children (Amendment) A c t , 1 958 ,Tamil Nadu Act XXXVII
of 1958).
4 These wortfs were insertecl by scctior~25(1)(ii), i&d.
5 l'his clausr: ik-iis strbstitutcJ i'rbi. tilt ol i ~ i n acliiuse
l (r) by section
2j ( 1 i ) ibid.
,-
 LatestLaws.com

N. Act IV] du Children

(f)the conveyance of offenders and

children to r scIrol)Is ;
(g).the
- grant of permission to the inmates of

inmates ot ltapproved] schools ;

(i) the punishmalt of offences comn~
itted by the
lates f I [ ~ ~ P P s o vschools
~~] ; '-. ,:F,
JJ,

( j ) the inspection of 2[unapproved] institutions

ullder section 17 ;
( k ) the class of persons who may be alltho-
rized to act urlder section 29(1) ;
(1) the manner in which 3/:clli1d~-enor young
persons] may be 4[placed in ] suitable custocly and the
supervision of such children and young persons
( m ) the contribution by pa~ents and othel:
persons liable to maintain children :I nd youno3
persons ;

+t (n) tile boarding out, licensing and supervision

of children ant1 yoaag persons ;
1I (0)the procedure to be adopted in any c,lse
or inquiry under this Act before any court other
4
than a juvenile court ;
t
t
-c-...___.....-=.- --- - - ---I--- -__
Tt
1 This word was 9iibstiteted for the word "certifiedw by
section 3 of, and the Schedule to, the Tamil N3do Children
(Am ,ndrnent) Act, 1958 (Tamil Nadu Act XXXVII of 1958).
i 2 This word was substituted for the word " u n ~ e r t j f i ~ d "by
1 ibid.
1 8 These words were substituted for the words " a child or youn
i person" by the Tamil Nndu Repealing and Amending Act, 195
f
1 (I'amii Nadu Act XIV of 1951).
4These words were sobstitu ted for the wol.ds c~o,nmjlfed lo*,
by section 25 (1) (iv) of lhc T a m i l Nada Childreo (/$meadment)
Act, 1958 (Tamil Nadu Act XXXVII of 1958).

r
 LatestLaws.com

( p ) the time within vjhich appeals under sectio

42 sh,allbe filed ;
(y) the detention of children and young persons
under n!*-csl ,' 1 or committed for trial ;
, ,

(I.) tlie procedure to be adopted in juvenile

courts.

l[(3)1 All rules made under this section shall be

published in the 2[Offi~ial Gazette] and, on such
I
publication, they sllall have the same effect as if
enacted in this Act.
;+[(4)All rules made under this Act shall, as
soon as possible after they are made, be placed on
the table of both the Houses of the Legislature and
shall be subject to such modifications by way of
amendments or repeal as the Legislative Assembly
may make within fourteen days on which the House
actually sits either in the same session or in more
tllan one session.]

Sub-section(3) was omitted and sub-section(4) was renumbered

as sub-section (3) by the Second Schedule to the Madras Repealing
and Amending Act, 1938 (Madras Act XI11 of 1938).
T h s e words were substituted for the words " local official
gazette" by the Adaptation Order of 1937.
1 This sub-section was added t\ysccti:on25(2>of the
Children (Arneadmsnt) Act, 1958 nwiI Nadu Act
t 358).
. .~