Act Info:
THE BOMBAY CHILDREN ACT, 19481
[Act No. 71 of 1948]2
[31st December, 1948]
PREAMBLE
An Act to consolidate and amend the law for the custody, protection, treatment and rehabilitation of children and youthful offenders and for the trial of youthful offenders in the 3[State of Maharashtra].
WHEREAS it is expedient to consolidate and amend the law for the custody, protection, treatment and rehabilitation of children and youthful offenders and for the trial of youthful offenders in the 3[State of Maharashtra] and for certain other purposes specified herein; It is hereby enacted as follows :-
NOTES
The old Act of 1924 revealed many defects which required to be remedied. Certain more suitable provisions, for better enforcement of the Act as an instrument designed to promote the well-being of children affected by it, are proposed in the Act.
In this Act, it is provided that juvenile offenders are to be tried in the Juvenile Courts alone. Also joint trials of juveniles and adults are prohibited in the areas where such Juvenile Courts exist. The Legal Practitioners appearances are restricted and allowed only in exceptional cases.
The new concept was that a child before commitment to a certified school or fit person institution, should be properly diagnosed on the following points -
(a) Psychological;
(b) Nature of his behaviour;
(c) Family background;
(d) capability and aptitude etc.
After this diagnosis, a child can be sent to the appropriate institution. This is known as a 'classifying centre' where he is sent for diagnosis purpose.
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1. This Act was extended to the rest of the State of Maharashtra (vide Mah. 38 of 1963. section 2).
2. For Statement of Objects and Reasons, see Bombay Government Gazette, 1948. Part V, p. 421.
3. These words were substituted for the words "Province of Bombay" by Mah. 38 of 1963, section 3.