Rules & Regulations
The Punjab Destitute and Neglected Children Act, 2007
پی ڈی ایف کا لنک اخر پر چیک کریں
Destitute
and Neglected Children
(Under Section 3-K of PDNC Act 2007)
"Destitute and Neglected child"
means a child who–
(i) is found begging; or
(ii) is found without having any home or
settled place of abode and without any ostensible means of subsistence; or
(iii) has a parent or guardian who is unfit or
incapacitated to exercise control over the child; or
(iv) lives in brothel or with a prostitute or
frequently visits any place being used for the purpose of prostitution or is
found to associate with any prostitute or any other person who leads an immoral
or depraved life; or
(v) is being or is likely to be abused or
exploited for immoral or illegal purpose or unconscionable gain; or
(vi) is beyond the parental control; or
(vii) has lost his parents or one of the
parents and has no adequate source of income; or
(viii) is victim of an offence punishable
under this Act or any other law for the time being in force and his parent or
guardian is convicted or accused for the commission of such offence;
Rescue
of Destitute and Neglected Children
(Under Section 24 of PDNC Act 2007)
A child protection officer may take into
custody a destitute and neglected child and produce him before the Court within
twenty-four hours of taking the child into such custody. Provided that where a
destitute and neglected child is in the custody of his parent or guardian, the
officer shall not take him into custody but shall in the first instance, make a
report to the Court: Provided further that the first proviso shall not be
applicable in case of a child who is found begging or is a victim of an offence
alleged to have been committed by his parent or guardian.
Temporary
Custody
(Under Section 25 of PDNC Act 2007)
Whenever a destitute and neglected child is
taken into custody in accordance with section 24, he shall immediately be
produced before the Court and if immediate production of the child before the
Court is not possible due to any reason, shall immediately be taken to the
nearest child protection institution for temporary custody till his production
before the Court within the stipulated time.
Production
of Child
(Under Section 26 of PDNC Act 2007)
Court may direct production of child by parent
or guardian.–
The Court to which a report is made under the
first proviso of section 24, may –
(i) call upon such parent or guardian to
produce the child before it and show cause why the said child should not,
during the pendency of the proceedings, be removed from his custody; and may
order the child to be admitted in a child protection institution or on suitable
surety being offered for the safety of such child and for his being brought
before it, permit the child to remain in the custody of his parent or guardian;
or
(ii) if
it appears to the Court that the child is likely to be removed from the
jurisdiction of the Court or is concealed, may issue a search warrant for the
production of the child, and order his immediate admission to a child
protection institution.
Warrant
to Search for Child
(Under Section 30 of PDNC Act 2007)
(1) If it appears to a Court from information
received on oath or solemn affirmation laid by any person who, in the opinion
of the Court, is acting in the interest of the child that there are reasons to
believe that a child is destitute and neglected child, the Court may issue
warrant for the production of the child before it.
(2) The officer executing the warrant shall be
accompanied by the person laying the information, if such person so desires and
may also, if the Court by whom the warrant is issued so directs, be accompanied
by a duly qualified medical practitioner or the police or both.
(3) If any such child is brought before the
Court and the Court is satisfied that the child is a destitute and neglected
child, it may deal with his custody in accordance with the provisions of this
Act.
False,
Frivolous or Vexatious Information
(Under Section 31 of PDNC Act 2007)
(1) If in any case in which information has
been laid before a Court by any person under the provisions of section 30, the
Court after such inquiry as it may deem necessary, is of the opinion that such
information is false, frivolous or vexatious, the Court may, for reasons to be
recorded in writing, direct that compensation, not exceeding fifty thousand
rupees, as it may determine, be paid by such informer to the child or to an
aggrieved person against whom the information was laid.
(2) Before making any order for the payment of
compensation, the Court shall call upon the informer to show cause why he
should not pay compensation.
(3) The Court may, by its order directing
payment of compensation, further order that in case of default, the person
ordered to pay such compensation shall suffer simple imprisonment for a term
not exceeding six months.
(4) No person who has been directed to pay
compensation under this section shall, by reason of such order, be exempted
from any civil or criminal liability in respect of the information given by
him, but any amount paid, as compensation shall be taken into account in any
subsequent civil suit relating to such matter.
(5) When an order for payment of compensation
is made under sub-section (1), the compensation shall not be paid to the person
ordered to receive it before the expiry of one month in order to allow
sufficient time to the informant to represent against any such order.
Period
of Custody
(Under Section 32 of PDNC Act 2007)
Subject
to any order of the Court or any direction of the Bureau, a child ordered to be
admitted to a child protection institution shall be kept in such custody till
he attains the age of eighteen years.
Contribution
of Parents
(Under Section 33 of PDNC Act 2007)
(1) Where an order has been made for the
admission of a child into child protection institution or giving the custody of
the child to a suitable person, the Court may direct a parent, in a suitable
case, to pay maintenance of the child at such rates as may be determined by the
Court: Provided that while passing any such order, the Court shall take into
consideration the capacity of the parent to pay maintenance.
(2) In case of non-compliance of the direction
for the payment of maintenance issued under sub-section (1), the Court may
recover the amount from the parent as arrears of land revenue.
Unauthorized
Custody
(Under Section 34 of PDNC Act 2007)
Whoever takes a destitute and neglected child
into custody or keeps him in contravention of the provisions of this Act, shall
be punished with imprisonment for a term which may extend to three years or
with fine which may extend to fifty thousand rupees or with both.
Cruelty
to Children
(Under Section 35 of PDNC Act 2007)
Whoever, not being a parent, having the actual
charge of or control over a child, wilfully assaults, ill-treats, neglects,
abandons or exposes him or causes or procures him to be assaulted, ill-treated,
neglected, abandoned or exposed or negligently fails to provide adequate food,
clothes or medical aid or lodging for the child in a manner likely to cause
such child unnecessary mental and physical suffering, shall be punished with
imprisonment for a term which may extend to three years or with fine which may
extend to fifty thousand rupees or with both: Provided that where some
punishment is administered to a child by the person having lawful control or
custody of the child, for any good or sufficient reason, it shall not be deemed
to be an offence under this section.
Employing
Child for Begging
(Under Section 36 of PDNC Act 2007)
Whoever
employs any child for the purpose of begging or causes any child to beg or
whoever having the custody, charge or care of a child connives at or encourages
his employment for the purpose of begging and whoever uses a child, connives at
or encourages his employment for begging shall be punished with imprisonment
for a term which may extend to three years or with fine which may extend to
fifty thousand rupees or with both.
Intoxicating
Liquor
(Under Section 37 of PDNC Act 2007)
Giving intoxicating liquor or narcotic drug to
child.–
Whoever gives or causes to be given to any
child any intoxicant or narcotic drug, except upon the prescription of duly
qualified medical practitioner, shall be punished with imprisonment of either
description for a term which may extend to three years or with fine which may
extend to fifty thousand rupees or with both.
Permitting
Child to Enter Places Where Liquor or
Narcotic Drugs are Sold
(Under Section 38 of PDNC Act 2007)
Whoever—
(i) takes a child to any place where an
intoxicant is served or consumed; or
(ii) being the proprietor, owner or a person
in charge of such place, permits a child to enter such place; or
(iii) Causes or procures a child to go to such
place; shall be punished with fine which may extend to fifty thousand rupees.
Inciting
Child to Bet or Borrow
(Under Section 39 of PDNC Act 2007)
Whoever, by words, spoken or written, or by
signs, or otherwise, incites or attempts to incite a child to make any bet or
wager or to enter into or take any share or interest in any betting or wagering
transaction shall be punished with imprisonment for a term which may extend to
six months or with fine which may extend to fifty thousand rupees or with both.
Exposure
to Seduction
(Under Section 40 of PDNC Act 2007)
Whoever secures custody of a child ostensibly
for any purpose but exposes such a child to the risk of seduction, sodomy,
prostitution or other immoral conditions, shall be punished with imprisonment
of either description for a term which may extend to three years or with fine
which may extend to fifty thousand rupees or with both.
Abetting
Escape of Child
(Under Section 41 of PDNC Act 2007)
Whoever-
(a)
knowingly assists or induces, directly or indirectly, a child admitted
in a child protection institution to escape from the institution or from the
custody of a suitable person to whom custody of the child has been entrusted by
the court; or
(b) Knowingly
harbors, conceals, connives at or prevent form returning to child protection
institution or to any person to whom the custody of the child was entrusted by
the Court or assists or connives at so doing; shall be punished with
imprisonment for a term which may extend to five years or with fine which may
extend to fifty thousand rupees or with both.
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