(1) In this Act, unless there is anything repugnant in the subject or context, -
(a) "adult" means a person who is not a child;
1[(a-1) 'after care' means care during the period of release on licence of a child from an Approved Centre or Approved Institution or any other institution under this Act;
(a-2) 'After-care Home or Hostel' means an institution established and maintained or recognised under subsection (3) of section 25 of this Act;
*(a-3) 'Approved Centre' means an industrial school or other educational institution established and maintained under sub-section (1) of section 25 of this Act;
*(a-4) 'Approved Institution' means any industrial school or other educational institution recognised under subsection (2) of section 25 of this Act;]
2[(b) "begging" means begging as defined in the Bombay Prevention of Begging Act, 1959;
(c) "brothel" means a brothel as defined in the Suppression of Immoral Traffic in Women and Girls Act, 1956];
3[(d) x x x]
4[(e) 'child' means a boy who has not completed the age of sixteen years, or a girl who has not completed the age of eighteen years;
NOTES
It is for the Court to make a thorough inquiry into the age of the accused, who appeared to be a child and whose age is in question, and without putting the burden of proof on the prosecution, come to a finding that the accused has not attained the age of 16 years on the date of the offence.-State v. Dangaria Mahale, 1961 (1) Cr. L. J. 815 : (1960) 1 Guj. L. R. 63.
When question arises about the age of a child, there must be proper evidence before the Court. A medical certificate is not evidence unless the conditions stated in the section 32 of the Indian Evidence Act, 1872 are applied. The doctor who issued a medical certificate to the child must be examined in the Court.--I.L.R. 47 Bom. 74 : (1960) 1 Guj. L. R. 155.
While submitting evidence before the Court, about the age of the child, the doctor must state precisely.--(1960) 1 Guj. L. R. 155.
(ee) 'Classifying Centre' means an Institution established and maintained under section 27 of this Act;]
(f) "dangerous drug" means any article defined as "dangerous drug" in the Dangerous Drugs Act, 1930;
(g) "final order" means an order passed by a juvenile court or any court empowered under section 8 to exercise the powers of a juvenile court under the following sections, namely, 45 to 47, 71 to 76, 79, 81 to 84, 90 to 92, 101 and 103;
5[(h) 'fit person' in relation to the care of any child means an individual who, in the opinion of the Court, is willing and fit to take proper care of a child;]
(i) "guardian" in relation to a child or youthful offender includes any person who in the opinion of the court having cognizance of any proceedings in relation to the child or youthful offender has for the time being the actual charge of, or control over, the said child or youthful offender;
(j) "immoral behaviour" includes any act or conduct which is indecent or obscene;
(k) "Juvenile Court" means a court established under section 7 of this Act;
* 6[(ka) 'Observation Home' means a place which has been declared by the State Government to be an Observation Home under section 26 of this Act;]
(l) "place of safety" includes 7[an Observation Home] or 8[any other suitable place or institution declared by an officer duly authorised by the State Government in this behalf] the occupier or manager of which is willing temporarily to receive a child or where 6[such Observation Home] or other suitable place or institution is not available, in the case of a male child only, a police station in which arrangements are available or can be made for keeping children in custody separately from other offenders;
(m) "prescribed" means prescribed by rules made under this Act;
(n) "probation of good conduct" means the release of a youthful offender on probation of good conduct on his personal recognizance. The expression 'probation of good conduct' order shall be construed accordingly;
9[(o) "prostitution" means prostitution as defined in the Suppression of Immoral Traffic in Women and Girls Act. 1956;]
(p) '"society" means a body or association of individuals, whether incorporated or not;
(q) "supervision" means the placing of a child under the control of a 10[+Child Welfare Officer (Probation)] or other person for the purpose of securing proper care and protection of the child by his parent, guardian, relation or any other fit person to whose care the child has been committed. The expression 'supervision order' shall be construed accordingly;
11[(r) x x x]
(s) "youthful offender" means any child who has been found to have committed an offence.
(2) Words and expressions used and not defined in this Act but defined in the Code of Criminal Procedure, 189812 shall have the meanings assigned to them in that Code.
__________________
1. These clauses were inserted by Mah. 54 of 1975, section 2(1).
* Section 61 of Mah. 54 of 1975 has been reproduced on the next page.
2. Clauses (b) and (c) were substituted by Mah. 38 of 1963. section 7(1).
3. Clause (d) was deleted by Mah. 54 of 1975, section 2(2).
4. Clauses (e) and (ee) were substituted for clause (e). ibid., section 2(3).
5. Clause (h) was substituted by Mah. 54 of 1975, section 2(4).
6. Clause (ka) was inserted by Mah. 54 of 1975, section 2(5).
* Section 61 of Mah. 54 of 1975 reads as follows :-
"61. Construction of references in enactments of instruments.--
(1) On the establishment of an Observation Home, Approved Centre and on the appointment of the Child Welfare Officer (Probation) and Director (Welfare), for the expression mentioned in column (1) of the Table hereunder occurring in any law for the time being in force, or in any instrument or other documents, there shall be substituted the expressions, respectively, mentioned against them in column (2) of the said Table.
TABLE
(1)
(2)
Certified School
Remand Home Observation Home
Fit person institution or approved place
Probation Officer
Chief inspector of Certified Schools
Approved Centre
Approved Institution
Child Welfare Officer (Probation)
Director (Child Welfare)
(2) On the commencement of this Act.-
(a) all rights, liabilities and obligations of Certified Schools and fit person institutions (including those under any agreement or contract) in relation to the administration of this Act. shall be deemed to be the rights, liabilities and obligations of the Approved Centres and Approved Institutions, respectively:
(b) all proceedings and matters pending before the Chief Inspector of Certified Schools, Inspectors and Assistant Inspectors of Certified Schools and Probation Officers under the provisions of this Act, immediately before such commencement shall be deemed to be proceedings and matters pending before the Director (Child Welfare) or Deputy Director (Child Welfare), the Assistant Director (Child Welfare) and Child Welfare Officer (Probation) respectively, and such proceedings and matters shall be continued and disposed of under the provisions of this Act;
(c) all proceedings or matters brought before any Court under this Act by a Probation Officer shall be deemed to be brought before such Court by the Child Welfare Officer (Probation)."
7. These words were substituted for the word "a remand home" and "such remand home" respectively by Mah. 54 of 1975, section 2(6)(i).
8. These words were substituted for the words "any other suitable place or institution", ibid., section 2(6)(ii).
9. Clause (o) was substituted by Mah. 38 of 1963, section 7(2).
10. These words and brackets were substituted for the words "probation officer" by Mah. 54 of 1975. section 2(7).
+ See section 61 of Mah. 54 of 1975 reproduced on the previous page.
11. Clause (r) was deleted by Mah. 54 of 1975, section 2(8).
12. See now the Code of Criminal Procedure, 1973 (2 of 1974).