The Punjab Youthful Offenders Ordinance, 1983, (Repealed)

Updated: Monday April 18, 2022/AlEthnien Ramadan 17, 1443/Somavara Chaitra 28, 1944, at 04:25:35 PM

The Punjab Youthful Offenders Ordinance, 1983, (Repealed)

An Ordinance to consolidate and amend the law for the custody, trial, protection, treatment and rehabilitation of youthful offenders in the Province of the Punjab.

Preamble: Whereas it is expedient to consolidate and amend the law for the custody, trial, protection, treatment, and rehabilitation of youthful offenders in the province of the Punjab.

Now, therefore, in pursuance of the Proclamation of the fifth day of July, 1977, read with the Laws (Continuance in Force) Order, 1977 (C.M.L.A. Order No. 1 of 1977), and the Provisional‑ Constitution Order, 1981 (C.M.L.A. Order No. 1 of 1981) the Governor of the Punjab is pleased to make and promulgate the following Ordinance:‑‑-

PART I

PRELIMINARY

1. Short title, extent arid commencement:(1) This Ordinance may be called the Punjab Youthful Offenders Ordinance, 1983.

(2) It extends to the Province of the Punjab.

(3) Sections 1 and 2 shall come into force at once whereas the remaining provisions of this Ordinance shall come into force in such areas and on such dates as Government may, by notification in the Official Gazette, specify.

2. Definitions: (1) In this Ordinance unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say,---

(a) “child” means a person who at the time of initiation of any proceedings against him under the Ordinance or at the time of his arrest in connection with which any proceedings are initiated against him under the Ordinance has not attained the age of fifteen years ;

(b) “adult” means a person who is not a child ;

(c) “after‑care association” means any association, society, organization or body, incorporated, or otherwise, the objects of which include assistance to and welfare of youthful offenders on their discharge from a certified school, fit person institution, approved home, hostel school or like institution;

(d) “approved home” means a place declared as an approved home under Section 23 ;

(e) “Chief Inspector”, “Inspector” and “Assistant Inspector” mean respectively a person appointed to be Chief Inspector, an Inspector or an Assistant Inspector under Section 34 ;

(f) certified school” means a school established by Government under sub‑section (1) of Section 22 or an industrial school or educational institution certified by Government under sub‑section (2) of that section ;

(g) “Code” means the Code of Criminal Procedure, 1898 ;

(h) “Division” means a Revenue Division as notified by the Government under the Punjab Land Revenue Act, 1967 ;

(i) “final order” means an order passed by a Juvenile Court or any Court empowered under Section 5 to exercise the powers of a Juvenile Court, under Sections 48, 49, 50, 51, 52, 55, 56, 57 or 67 ;

(j) “fit person” in relation to the care of any child or youthful offender includes any association, society or body of individuals, whether incorporated or otherwise established for or having for its object the reception or protection of children or youthful offenders or the prevention of cruelty to children, which undertakes to bring up or to give facilities for bringing up any child or youthful offender entrusted to its care in conformity with the religion of his birth ;

(k) “Government” means the Government of the Punjab;

(l) “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 ;

(m) “Juvenile Court” means a Court established under Section 4 ;

(n) “place of safety” includes an approved home or any other suitable place or institution, the occupier or manager of which is willing temporally to receive a child or youthful offender or where such an approved home or other suitable place or institution is not available, in the case of male child or youthful offender only, a police station in which arrangements are available or can be made for keeping children or youthful offenders separately from other offenders ;

(o) “prescribed” means prescribed by rules made under the Ordinance ;

(p) “probation of good conduct” means the placing of a youthful offender on probation of good conduct on his personal recognizance and the expression “probation of good conduct order” shall be Construed accordingly ;

(q) “probation officer” means an officer appointed under Section 34 ; ;

(r) “society” means a. body or association of individuals whether incorporated or not ,

(s) “supervision” means the placing of a child or youthful offender under the control of a probation officer or other person for the purpose of securing proper care and protection of the child or youthful gender by his parent guardian, relative or any other fit person to whose care the child or youthful offender has been committed and the expression “supervision order” shall be construed accordingly ;

(t) “voluntary home” means any place for the reception of youthful offenders maintained wholly or partly by voluntary contributions ; and

(u) “youthful offender” means any child who appears to have committed an offence other than and offence under Sections 302, 304, 307, 375, 392, 393 and 498, Pakistan Penal Code (Act XLV of 1860).

(2) Words and expressions used herein and not defined in the Ordinance but defined in the Code shall have the meaning respectively assigned to them in the Code.

3. Continuation of proceedings against child on his attaining specified age : If at the time of initiation of any proceeding against a child under the Ordinance or at the time of his arrest in connection with which any proceedings are initiated against him under the Ordinance, such proceeding shall be continued and order may be passed in respect of such person under the Ordinance notwithstanding that during the course of such proceedings he may have attained the age of 15 years.

PART II

POWERS AND FUNCTIONS OF COURTS

4. Juvenile Courts : Government may, by notification in the official Gazette, establish one or more Juvenile Courts for any local area.

**5. Courts empowered to exercise powers of Juvenile Court :**The powers conferred on a Juvenile Court under the Ordinance shall be exercised by : ‑

(a) the Lahore High Court, Lahore ;

(b) a Court of Sessions ;

(d) a Sub‑Divisional Magistrate; and

(e) a Magistrate of the First Class, whether trying any case originally or on appeal or in revision.

6. Powers of Juvenile Courts and other Courts mentioned in Section 5 :(1) When a Juvenile Court has been established for any local area, such Court shall try all cases arising in such area in which ‑a. child is charged with the commission of an offence and shall deal with to dispose of all other proceedings under the Ordinance but shall not have power to try any case in which an adult is charged with any offence mentioned in Part V of the Ordinance.

(2) When a Juvenile Court has not been established for any local area, no Court other than a Court exercising the powers of a Juvenile Court shall have power to try any case, arising in that area, in which a child is charged with the commission of an offence or to deal with or dispose of any other proceedings under the Ordinance.

(3) When it appears to a Juvenile Court or Magistrate exercising the powers of a Juvenile Court, that the offence with which a child is charged is triable exclusively by a Court of Sessions, such Court or Magistrate, as the case may be, shall immediately send the case to the Court of Sessions for trial in accordance with the procedure laid down in the Ordinance.

(4) When any Magistrate not empowered to exercise the powers of a Juvenile Court is of the opinion that a person brought before him is a child, he shall record such opinion and shall submit the proceedings and forward the child to the Juvenile Court having jurisdiction in the case or where such Court does not exist, to the District Magistrate or the Sub‑Divisional Magistrate to whom he is subordinate.

7. No joint trial of child and adult:(1) Notwithstanding anything contained in Section 239 of the Code or any other law for the time being in force no child shall be charged with or tried for any offence together with an adult.

(2) If a child is accused of an offence for which, under Section 239 of the Code or any other law for the time being in force, such child, but for the provisions of sub‑section (1) could have been tried together with an adult, the Court taking cognizance of the offence shall direct separate trials of the child and the adult.

8. Procedure in appealable summons cases to be followed by Juvenile Courts and Courts empowered under Section 5: A Juvenile Court or a Court exercising the powers of a Juvenile Court shall, as far as practicable, follow the procedure provided in the Code for summary trials in summons cases in which an appeal lies.

9. Sittings etc. of juvenile Courts :(1) A Juvenile Court shall hold its sitting at such places, on such days and in such manner as may be prescribed.

(2) In the trial of a case in which a child is charged with an offence a Court exercising the powers of a Juvenile Court, shall, as far as may be practicable, sit in a different building or room from that in which the ordinary sittings of the Court are held, or on different days or at different time from those at which the ordinary sittings of the Court are held.

10. Adult to be sent to Sessions in a case triable exclusively by a Court of Sessions: When a child alongwith an adult is accused of having committed an offence triable exclusively by a Court of Sessions, the Court taking cognizance of the offence shall, after separating the case in respect of the child from that in respect of the adult and without recording any evidence, send both the cases to the Court of Sessions, for separate trial.

**11. Presence of persons in Juvenile Courts :**Save as provided in the Ordinance, no person shall be present at any sitting of a Juvenile Court except;----

(a) the members and officers of the Court:

(b) the parties to the case before Court, their legal advisers if any, and other persons directly concerned in the case including police officers ; and

**12. Withdrawal of person from Court :**If at any stage during the course of a trial of a case or proceedings under the Ordinance a Court considers it expedient in the interest of child to direct any person, including the parent, guardian or the spouse of the child or the child himself to withdraw from the Court, the Court shall, for reasons to be recorded in writing, be entitled to give such direction and thereupon such person shall withdraw, if any person so directed refuses to withdraw, the Court may take steps to remove him.

13. Dispensing with attendance of child: If at any stage during the course of the trial of a case or proceeding under the Ordinance, a Court is satisfied that the attendance of the child is not essential for the purposes of the hearing of the case of proceeding, the Court may, for reasons, to be recorded in writing, dispense with his attendance and proceed with the trial of the case in his absence.

**14. Withdrawal of persons from Court when child is examined as witness :**If, at any stage during the course of a trial of a case or proceeding in relation to an offence against, or any conduct contrary to decency or morality, a child is summoned as a witness, any Court trying the cause or holding the proceeding may direct such persons as it thinks fit, not being parties to the case or proceeding, their legal advisers or the officers, concerned with the case or proceeding to .withdraw from the Court, and thereupon .such persons shall withdraw from the Court. If any person so ordered refuses to withdraw, the Court may take steps to remove him.

15. Attendance at Court of parent of child charged with offences, etc. : (1) Where a child brought before a Court under the Ordinance has a parent or guardian, such parent or guardian, may in any case, and shall, if he can be found and if he resides within a reasonable distance, be required to attend the Court before which any proceeding is held under the Ordinance, unless the Court is satisfied, that it will be unreasonable to require his attendance.

(2) The parent or guardian whose attendance shall be required under this section shall be the parent or guardian having the actual charge of or control over the child;

Provided that if such parent or guardian is not the father, the attendance of the father may also be required.

(3) The attendance of the parent of a child shall not be required under this section in any case where the child was, before the institution of the proceeding, removed from the custody or charge of his parent by an order of a Court.

(4) Nothing in this section shall be deemed to require the attendance of the mother or the female guardian of a child if such mother or female guardian does not according to the customs and manner of the country, appear, in public, but any such mother or female guardian may appear before the Court by an agent.

16. Committal to approved place of child suffering from dangerous disease: (1) When a child, who has been brought before a Court under any of the provisions of the Ordinance is found to be suffering from a disease requiring prolonged medical treatment or a physical or mental ailment that is likely to respond to treatment, the Court may send the child to an approved home or to any other place recognised to be an approved place in accordance with the rules made under the Ordinance, for such period as it may think necessary for the required treatment.

(2) Where a Court has taken action under sub‑section (1) in the case of a child suffering from any infectious or contagious disease, the Court before restoring the said child to his partner in marriage if there is one, or to the guardian, as the case may be, shall, where it is satisfied that such action, will be in the interest of the said child, call upon his partner in marriage or the guardian as the case may be to satisfy the Court by submitting the medical report by a medical officer authorised under the rules that such partner or guardian will not reinfect the child in respect of whom the order has been passed.

**17. Children of unsound mind or suffering from leprosy, how to be dealt with :**Where a child has been brought before a Court under any of the provisions of the Ordinance is found to be of unsound mind or suffering from leprosy, he shall be dealt with under the provisions of the Lunacy Act, 1912, or the Lepers Act, 1898, as the case may be.

18. Factors to be taken into consideration in passing orders by Courts : For the purpose of any order which a Court has to pass under the Ordinance the Court shall have regard to the following factors ;

(a) the character and age of the child ;

(b) the circumstances in which the child is living ;

(d) such other matters as may, in the opinion of the Court, require to be taken into consideration in the interest of the child.

19. Report of Probation Officer and other reports to be treated confidential : The report of the Probation Officer or any other report considered by the Court under Section 18 shall be treated as confidential;

Provided that if such report relates to the character, health or conduct of or the circumstances in which the child or his parent is living, the Court shall communicate the substance thereof to the child or parent concerned as the case may be and give the child or parent an opportunity to produce evidence as may be relevant to the matter stated in the report.

20. Prohibition on publication of names, addresses etc. of children involved in cases of proceedings under the Ordinance: No report in any newspaper magazine or news‑sheet of any case or proceeding in any Court under the Ordinance in which a child is involved shall disclose the name, address or school or include any particulars calculated to lead, directly or indirectly, to the identification of any such child, nor shall any picture be published as being or including a picture of any such child;

Provided that, for reasons to be recorded in writing the Court trying the case or holding the proceeding may permit the disclosure of any such report, if in its opinion such disclosure is in the interest of the child's welfare and is not likely to affect adversely the interest of the child.

21. Provisions of the “Code” to apply to trial of cases and conduct proceedings under the Ordinance unless excluded: Except as expressly provided in the Ordinance or the rules made thereunder, the procedure to be followed in the trial of cases and the conduct of proceedings under the Ordinance shall be in accordance with the provisions of the Code.

PART III

CERTIFIED SCHOOLS, APPROVED HOMES AND OTHER INSTITUTIONS, ETC.

22. Establishment and certification of schools: (1) Government shall establish and maintain certified schools for the reception of youthful offenders.

(2) Government may certify any industrial school or other educational institution, not established under sub‑section (1) to be fit for the reception of youthful offenders.

(3) Government may establish an association or society in any local area for the after‑care of youthful offenders, discharged from certified schools or fit person institutions and may regulate the activities and functions in the prescribed manner.

**23. Declaration of places as approved homes :**Subject to such rules as may be prescribed in this behalf, Government may, by notification in the official Gazette, declare any particular place as an approved home for the purposes of the Ordinance.

24. Conditions to be prescribed for fit person institutions and approved homes: Government may prescribe conditions subject to which an institution may be recognised as fit person institution or an approved home.

25. Management of certified schools:(1) For the control and management of every school established under sub‑section (1) of Section 22 a Superintendent and a Committee of visitors shall be appointed by Government and such Superintendent and Committee shall be deemed to be managers of the school for the purposes of the Ordinance.

(2) Every school certified under sub‑section (2) of Section 22 shall be under the management of its governing body, the members of which shall be deemed to be the managers of the school for the purposes of the Ordinance.

26. Liabilities of Manager:(1) The Manager of a certified school shall be consulted by the Court before any youthful offender is committed to it.

(2) The Manager of a certified, school may for reasons considered satisfactory by the Court decline to receive any youthful offender proposed to be committed to it under the Ordinance but when such school has once accepted any youthful, offender, it shall be bound to teach, train, lodge, clothe and feed him during the whole period for which he is liable to be detailed in the school, or until the certificate of the school is withdrawn or surrendered.

27. Medical inspection of certified schools and fit person institutions : Any registered medical practitioner empowered in this behalf by Government may visit any certified school or fit person institution at reasonable hours with or without notice to its managers in order to report to the Chief Inspector or the health of the inmates and the sanitary conditions of the school or institution.

28. Power of Government to withdraw certificate :(1) Government may if dissatisfied with the conditions, rules, management or superintendence of a school certified under sub‑section (2) of Section 22, by an order served on the manager of the school, declare that the certificate of the school is withdrawn as from a date specified in the order and on such date the withdrawal of the certificate shall take effect and the school shall cease to be certified school.

(2) Government, may instead of withdrawing a certificate under sub section (1), by notice served on the manager of the school, prohibit the admission of youthful offenders to the school for such time as may be specified in the notice or until the notice is revoked;

Provided that before the issue of an order under sub‑section (1) or a notice under sub‑section (2), a reasonable opportunity shall be given to the manager of the school to show cause why the certificate may not be withdrawn or admission to the school may not be prohibited as the case may be;

Provided further that if the Government is not satisfied with the explanation if any he shall be given an opportunity of being heard if he sc desires.

**29. Surrendering of certificate by Managers:**The Manager of a certified school may, on giving six months' notice in writing to Government through the Chief Inspector, surrender the certificate of the, school and at the expiration of six months from the date of notice unless the same is withdrawn earlier, the certificate shall be surrendered and the school shall cease to be a certified school.

30. Effect of withdrawal of surrendering certificate : A youthful offender shall not be received into a certified school after the date of receipt by the manager of the school of a notice of withdrawal of the certificate or after the date of a notice of surrender of the certificate or after the date of receipt by the manager of the school of a notice prohibiting the admission of youthful offenders to the school;

Provided that the obligation of the manager of the school to teach, train lodge, clothe and feed any youthful offender admitted in the school prior to the respective dates aforesaid shall, except so far as Government otherwise, directs, continue until the withdrawal or surrender of the certificate, as the case may be takes effect.

31. Disposal of inmates on withdrawal of resignation : When a school ceases to be a certified school, the youthful offenders detained therein shall be either discharged absolutely or on such conditions as Government may impose, transferred by order of the Chief Inspector to some other certified school in accordance with the provisions of the Ordinance relating to discharge and transfer.

32. Inspection of voluntary home: (1) Government may cause any voluntary home to be visited and inspected from time to time at all reasonable hours by the Chief Inspector an Inspector, or an Assistant Inspector for the purpose of securing the health and welfare of the youthful offenders and the sanitation of the premises.

(2) The Chief Inspector or an Inspector shall have power to enter a voluntary home at all reasonable hours and to make a complete inspection thereof and of all registers relating thereto for the aforesaid purposes.

(3) Where any voluntary home is for the reception of girls the inspection shall, unless impracticable be conducted by a woman authorised or appointed by the Chief Inspector.

(4) If Government is satisfied that the management of any voluntary home or the accommodation for or the treatment of the youthful offenders therein is unsatisfactory it may cause to be served upon the person responsible for the management of the voluntary home such general or specific directions with respect to the matters aforesaid or any of them as it thinks expedient for the welfare of the youthful offenders in the voluntary home.

(5) Where any such direction is not complied with, the District Magistrate ay on the complaint of the Chief Inspector or any person authorised in this behalf by Government, cause a summons to be served upon the person in charge of the voluntary home and upon such other person as he may think fit and upon hearing the person summoned, may if he thinks fit, make an order for the removal of all or any specified number of youthful offenders from the voluntary home.

(6) An order for the removal of youthful offenders from such voluntary home shall operate as an authority to any person named in the order and to any police officer not. below the rank of Inspector to enter the voluntary home and to remove the youthful offenders to a place of safety.

(7) Where an order has been made for the removal of all youthful offenders from such voluntary home, the home shall not be used for the reception of youthful offenders without the consent of Government.

(8) Government may delegate all or any of its powers under this section to the Chief Inspector or any authority or officer subordinate to it.

33. Inspection of certified schools and visit to fit person institution : Every certified school or a fit person institution shall be liable to inspection at all times and in all its departments by the Chief Inspector, Inspector or Assistant Inspector and shall be so inspected at least twice a year;

Provided that where any such school or fit person institution is for the reception of girls mainly, such inspection shall unless impracticable, be made by a woman authorised by the Chief Inspector in that behalf.

PART IV

OFFICERS, THEIR POWERS AND DUTIES

34. Appointment of officers:(1) Government may for the purposes of the Ordinance, appoint the following officers:‑‑

(a) Chief Inspector ;

(b) Inspectors and Assistant Inspectors ; (c) Probation Officers; and

(d) such other officers as may be necessary.

(2) A Juvenile Court or a Court empowered under Section 5 to exercise the powers of a Juvenile Court may, for the purposes of any particular case or proceeding before it under the Ordinance, appoint any person as a Probation Officer, if it its opinion such appointment is expedient or necessary.

35. Supervision and control of Probation Officers: A Probation Officer in the performance of his duties under the Ordinance shall be an officer of the Court and shall be under the supervision and guidance of the Juvenile Court, where such Court exists, and elsewhere under the District Magistrate.

36. Powers and duties of Probation Officers and Inspectors : The powers and duties of the Chief Inspector, Inspectors and Assistant Inspectors and of Probation Officers shall be such as are provided in the Ordinance and the rules made thereunder.

PART V

SPECIAL OFFENCES IN RESPECT OF YOUTHFUL OFFENDERS

37. Penalty for abetting escape of youthful offender: Whoever‑‑

(a) knowingly assists or induces, directly or indirectly, a youthful offender in a certified school to escape from the school or from any person with whom he has been placed out on licence or any youthful offender to escape from the person to whose care he has been committed under the provisions of the Ordinance ; or

(b) knowingly harbours, conceals, connives at or prevents from returning to school or to any person with whom he is placed out on licence or to whose care he is committed under the Ordinance a youthful offender who has so escaped, or knowingly assists or connives at so doing', shall on conviction, be punished with imprisonment of either description for a term which may extend to six months or with fine which may extend to five hundred rupees or with both.

38. Penalty for use of voluntary home in contravention of Section 32 : Whoever uses or knowingly permits to be used any voluntary home in contravention of the provision of Section 32, shall, on conviction, be punished with fine which may extend to five hundred rupees and to a further fine not exceeding, fifty rupees in respect of each day during which the institution is so used or permitted to be used after the conviction.

39. Penalty for publication of report or pictures relating to youthful offender: Whoever publishes any report or picture in contravention of the provisions of Section 21 shall, on conviction, be punished with imprisonment of either description for a term which may extend to two months or with fine which may extend to five hundred rupees or with both.

**40. Offence under this Part cognizable:**All offences under this Part, other than an offence under Section 38, shall be cognizable.

PART VI

BAIL OF CHILDREN ARRESTED AND THE

SENTENCES THAT MAY BE IMPOSED

**41. Bail of children arrested :**Where a child, accused of a non bailable offence is arrested and cannot to brought forthwith before a Court competent to try the case, the officer in charge of the police station to which such child is brought, shall release the child on bail;

Provided that if the Court is of the opinion that the release of the child shall bring him into association with any reputed criminal or expose him to moral danger or where his release would defeat the ends of justice, the Court may cancel the bail.

42. Custody of children not enlarged on bail: (1) Where a child having been arrested is not released, under Section 41 the officer incharge of the police station shall cause such child to be detained in the prescribed manner until the child can be brought before a Juvenile Court or a Court excising the powers of a Juvenile Court.

(2) A Court, on remanding for trial a child who is not released on bail, shall order him to be detained in the prescribed manner.

**43. Submission of information to Probation Officer in charge of approved home by Police after arrest :**Immediately after the arrest of a child, it shall be the duty of the police officer, or any other person affecting the arrest, to inform the Probation Officer and officer incharge of the approved home of such arrest in order to enable the said Probation Officer and officer incharge of the approved home to proceed forthwith in obtaining information regarding his antecedents and family history and other material circumstances likely to assist the Court in making its fin order.

44. Attendance of parent or guardian : Where a child is arrested, the officer in charge of the police station to which he is brought shall cause the parent or guardian of the child, if he can be found, to be summoned to appear at the Court before which the child will appear.

45. Sentences that may not be passed on a youthful offender:(1) Notwithstanding anything to the contrary contained in any law for the time being in force, no youthful offenders shall be sentenced to death or transportation or any imprisonment.

(2) When a youthful offender is found to have committed an offence of so serious a nature that the Court is of opinion that no punishment which under the provisions of the Ordinance it is authorised to inflict, is sufficient or when the Court is satisfied that the youthful offender is of so unruly or of so depraved a character that he cannot be committed to a certified school or detained in a place of a safety and that none of the other methods in which the case may be legally dealt with is suitable, the Court shall order the offender to be kept in juvonile section of a jail and shall report the case for the orders of Government.

Provided that no period of detention so ordered shall exceed the period of maximum imprisonment provided in law for the offence committed by him.

**46. Expressions “conviction” and “sentence” not to be used in relation to youthful offenders:**Save as provided in the Ordinance the words “conviction” and “sentence” shall not be used in relation to youthful offenders dealt with under the Ordinance and any reference in any enactment to a person convicted, or a conviction for a sentence shall, in the case of a youthful offender be construed as a reference to a person found guilty of an offence, a finding of guilty or an order made upon such a finding, as the case may be.

47. No proceedings under Chapter VIII of the Code against child: Notwithstanding anything to the contrary contained in the Code, no proceedings shall be instituted and no order shall be passed against a child under Chapter VIII of the Code.

48. Commitment of child to certified school or fit person institution: Where a child is found to have committed an offence the court, if satisfied on inquiry that it is expedient so the deal with the child, may order him to be committed to a certified school or fit person institution in accordance with the provisions of Section 54.

**49. Other order of the Court:**A Court may, if it shall deem fit, instead of directing any youthful offender to be detained in a certified school or a fit person institution under Section 48.

(i) Order him to be discharged after due admonition ;

(ii) Without passing any final order direct that he be placed on probation of good conduct and committed to the care of his parent, guardian or other adult relative or other appropriate person on such parent, guardian relative or person executing a bond, with or without sureties, as the Court may require, to be responsible for the good behaviour and well‑being of the youthful offender for any period not exceeding three years as may be specified by the Court, and for the observance of such other conditions as the Court may impose for securing that the youthful offender may lead an honest virtuous and industrious life.

50. Repatriation : (1) In the case of youthful offender whose ordinary place of residence lies outside the jurisdiction of the Court before which he is brought if the Court is satisfied after due inquiry that it is expedient so to do it may send the youthful offender on such conditions as may be prescribed back to a relative or a fit person, who is able and willing to receive him at his native place and take proper care or and exercise, control over him, notwithstanding the fact that the place of residence of such youthful offender may be outside the Province.

(2) Any breach of any of the prescribed conditions shall render the youthful offender, if found at any time at any place within the Province, liable to be committed to a certified school or to the care of another fit person.

51. Power to order parent to pay fine etc. instead of youthful offender:(1) Where a child is found to have committed an offence punishable with fine only, the Court shall order that the fine be paid by his parent or guardian unless, the Court is satisfied that the parent or guardian cannot be found or that, he has not conducted to the commission of the offence by neglecting to exercise due care of the child.

(2) An order under this section may be made against a parent or guardian who, having been required to attend, has failed to do so, but save as aforesaid, no such order shall be made without giving the parent or guardian an opportunity of being heard.

(3) Where a parent or guardian is directed to pay a fine under this section, the amount may be recovered in accordance with the provisions of the Code.

52. Placing of youthful offender under supervision : The Court shall wherever possible order that the youthful offender released under Section 49 be placed under supervision;

Provided that if it appears to the Court on receiving a report from the Probation Officer or otherwise that the youthful offender has not been of good behaviour during the period of supervision, it may, after affording an opportunity to the youthful offender or the person in whose care he was committed of being heard, proceed to pass such final order as it would have done had it not placed the youthful offender on probation of good conduct.

53. Court empowered to exercise, powers of preceding provisions : In passing an order in respect of a youthful offender under this part, it shall be lawful for the Court to exercise its powers under any one or more of the foregoing provisions at the same time, if it is necessary and expedient to do so in the interest of the offender.

PART VII

MAINTENANCE AND TREATMENT OF COMMITTED

YOUTHFUL OFFENDERS

54. Period of detention : Subject to be provisions of Section 62, a youthful offender ordered to be detained in a certified school or fit person institution shall be so detained till he reaches the age of eighteen years:

Provided that where special circumstances exist and the interest of the youthful offender so demands; the Court may, for reasons to be recorded in writing, order him to be detained for a shorter period.

55. Contribution of parent: (1) The Court which makes an order for the detention of a youthful offender in a certified school or fit person institution or for the committal of a youthful offender to the care of a relative or fit person may make an order directing the parent or other person liable to maintain the youthful offender to contribute to his maintenance, at such monthly rate not exceeding rupees fifty, as in the opinion of the Court such parent or other person is m a position so to do.

(2) Before making any order under sub‑section (1) the Court shall inquire into the circumstances of the parent or other person liable to maintain the youthful offender and shall record evidence, if any, in the presence of the parent or such other person as the case may be.

(3) Any order made under this section may at any time be varied by the Court on an application made to it by the party affected by the order.

(4) The person liable to maintain a youthful offender shall, for the purpose of sub‑section (1), include, in the case of illegitimacy, his putative father;

Provided that where the youthful offender is illegitimate and an order for his maintenance has been made under Section 488 of the Code, the Court shall not ordinarily make an order for contribution against the putative father but may order the whole or any part of the payments according due under the said order for maintenance to be paid to such person or persons, as may be specified by the Court, to be applied by him or them, as the case may be, towards the maintenance of the youthful offender.

(5) An order under this section may be enforced in the same manner as in order under Section 488 of the Code.

56. Provision as to religion :(1) In determining the certified school or fit person institution to whose custody a youthful offender is to be committed or entrusted under the Ordinance, the Court shall ascertain the religious denomination of the youthful offender and shall in selecting such certified school or fit person institution, have regard to the facilities which are afforded for instruction in his religion.

(2) When a youthful offender is committed to the care of a certified school or fit person institution in which facilities for instruction in his religion are not afforded, or is entrusted to the care of a fit person under circumstances in which it appears that no special facilities for the bringing up of the youthful offender in his religion exist, the authorities of such certified school or fit person institution or such fit person shall not bring the youthful offender up in any religion other than his own.

(3) Where it is brought to the notice of the Chief Inspector that a breach of sub‑section (2) has been committed, it shall be open to the Chief Inspector to transfer the youthful offender from the custody of such institution or person.

57. Placing out on licence : (1) Subject to the prescribed condition the Chief Inspector may, at may time after expiration of six months from the commencement of the detention of a youthful offender in a certified school or fit person institution, on the recommendation of the visitors or managers of the school or institution, or on application by a parent's relation or guardian of the youthful offender supported by the local inquiries made through the Probation Department or otherwise, release such youthful offender from the school or institution and grant him a written licence in the prescribed form and on the prescribed conditions permitting him to live under the supervision and authority of such responsible person or society willing to take charge of the youthful offender as may be approved by the Chief Inspector.

(2) Any licence granted under sub‑section (1) shall be in force until revoked or forfeited for the breach of any of its conditions on which it was granted.

(3) The Chief Inspector may at any time by order in writing revoke any licence and order the youthful offender to return to the certified school or fit person institution and shall do so at the desire of the person or society with whom or under whose supervision he is licensed to live. If the youthful offender refuses or fails to return to the school or fit person institution, the Chief Inspector may, by order in writing direct the officer in charge of the police station having jurisdiction to secure the youthful offender and cause him to be produced before the Court or taken to the school or fit person institution.

(4) When a licence has been revoked or forfeited but the youthful offender to whom it was granted refuses or fails to return to the school or fit person institution, the Court may, whether an order under the securing of the youthful offender has been made or not, if satisfied information on oath or solemn affirmation that there is reasonable ground believing that his parent person or guardian should produce the youth offender, issue summons requiring the parent or guardian to attend the Court on such day as may be specified, in the summons and to produce the youthful offender, and if he fails to do so without reasonable excuse, he shall, it addition to any other liability to which he may be subject under the provisions of the Ordinance on conviction, be punished with fine which may extend to fifty rupees.

(5) Where a parent or guardian is directed to pay a. fine under this section, the amount may be recovered in accordance with the provisions of the Code.

(6) The time during which a youthful offender is absent from a certified school or fit person institution in pursuance of a licence granted under this section, shall be deemed to be part of the time of his detention in the school or fit person institution; provided that where a youthful offender has failed to return to the school or fit person institution on the licence being revoked or forfeited, the time which elapses after his failure so to return shall be excluded in computing the time during which he is to be detained in the school or fit person institution.

58. Action by police with escaped youthful offender:(1) Notwithstanding anything to the contrary contained in any law for the time being in force, any police officer may apprehend without a warrant a youthful offender who has escaped from a certified school or fit person institution or from the supervision of a society or a person under whose supervision he was directed to remain and shall send the youthful offender back to certified school, fit person institution, society or the person without registering any case or prosecuting the youthful offender, and the said youthful offender shall not be deemed to have committed any offence by reason of such escape but he may be dealt with by the society, person or the authorities of the institution or school concerned in such manner as such society, person or authority thinks fit;

(2) When a youthful offender absconding from a certified school or fit person institution has been apprehended, he shall be sent to the certified school or fit person institution, as the case may be, as early as possible, and pending his removal he shall be detained in a place of safety.

PART VIII

APPALS

59. Appeals :(1) Any person aggrieved by a final order may appeal to the Court hereinafter mentioned.

(2) If a final order is passed :‑‑

(a) by a juvenile Court or by a Magistrate exercising the powers of a Juvenile Court. an appeal shall lie to the Court of Sessions;

(b) by a Court of Sessions, an appeal shall lie to the Lahore High Court, Lahore.

(3) Except as provided in this section no appeal shall lie from any order passed under the Ordinance by a juvenile Court or any other Court exercising the powers of a juvenile Court under Section 5.

60. Application of Code to Appeals : The provisions of Sections 419 to 431 (both inclusive) of the Code shall mutatis mutandis apply to appeals against final orders as if the said orders were the orders of conviction and sentence passed by a Court under the Code.

61. Period of limitation of appeals :(1) The period of limitation for an appeal against a final order shall be thirty days in the case of an appeal to a Court other than the High Court, and sixty days in the case of an appeal to the High Court from the date of the order appealed against.

(2) The provisions of Sections 5, 7 and 12 of the Limitation Act, 1908 shall apply to the filing of such appeal.

PART IX

MISCELLANEOUS

62. Discharge and transfer:(1) Government may at any time for reasons to be recorded in writing, order a youthful offender to be discharged from a certified school or fit person institution either absolutely or on such conditions as Government deems appropriate.

(2) Government may order any boy or girl over the age of fifteen years, who has been placed on licence and who has committed a breach of any condition of the licence and whom it is not advisable to send back to his own school or fit person institution, to be transferred to a Borstal Institute ;

Provided that the whole period of the detention of the youthful offender shall not be increased by the transfer.

(3) Upon the transfer of a youthful offender to a Borstal Institute under sub‑section (2) the provisions of the law relating to Borstal Institute, in force in the area where the institute to which he is transferred, is situated shall apply to such offender as if he had been originally ordered to be detained in a Borstal Institute under such law.

(4) Government may at‑any time, for reasons to be recorded in writing, discharge a youthful offender from the care of any person to whose care he is committed under the Ordinance either absolutely or on such conditions as Government deems appropriate.

63. Transfer between institution and those of like nature in different parts of Pakistan :(1) Government may in consultation with the manager of any certified school or fit person institution consent to the transfer to that school or fit person institution of any youthful offender in respect of whom an order has been made by a competent authority in any part of Pakistan of the nature of an order under the Ordinance directing him to be sent to a certified school or fit person institution of a like nature and upon such transfer the provisions of the Ordinance shall apply to such youthful offender.

(2) Government may direct any youthful offender to be transferred from any certified school or fit person institution in the Province to any school or fit person institution of a like nature in any other part of Pakistan in respect of which provision similar to that in the Province is made by the Government of that part under any law in force therein;

Provided that no youthful offender shall be so transferred without consent of the Government of that part.

64. Transfer of youthful offender of unsound mind or suffering from leprosy: (1) Where it appears to Government that any youthful offender detained in a certified school or fit person institution under any order of a Court is of unsound mind or a leper, Government may, by an order setting forth the grounds of such belief, order his removal to a mental hospital or leper asylum or other place of safe custody, to, be kept there and treated as Government directs during the remainder of the term for which he has been ordered to be detained or if on the expiration of such period it is certified by a medical officer that it is necessary for the safety of the youthful offender that he should be further detained under medical care or treatment, then until he is discharged according to law.

(2) Where it appears to Government that any youthful offender who has been removed to a mental hospital or a leper asylum or is detained in any other place of safe custody under sub‑section (1) has become of sound mind, or is cured of leprosy, Government shall by an order direct the person having charge of the youthful offender, if still liable to be detained, to send him to the certified school or fit person institution from which he was removed, or if the youthful offender is not liable to be detained, order him to be discharged. .

(3) Subject to the provisions of sub‑section (2), the provisions of Section 31 of the Lunacy Act, 1912 or of Section 14 of the Lepers Act, 1898, as the case may be, shall apply to every youthful offender confined in a mental hospital or leper asylum under Section (1) after the expiration of the period for which he was ordered to be detained ; and the time during which a youthful offender is confined in a mental hospital or leper asylum under that sub section shall be reckoned as part of the period for which he may have been ordered by the Court to be detained;

Provided that where the removal of youthful offender due to unsoundness of mind or leprosy is immediately necessary, it shall be open to the authorities of the institution in which the youthful 'offender is detained to apply to a Court, having jurisdiction under the Lunacy Act, 1912 or the Lepers Act, 1898, as the case may be for an immediate order of committal of such youthful offender to a mental hospital or a leper asylum until such time as the orders of Government can be obtained in the matter.

**65. Transfer from one institution to another:**The Chief Inspector any direct any youthful offender to be transferred from one certified school or fit person institution to another, as far as possible, in the same Division.

**66. Removal of disqualifications attaching to convictions:**When a child is found to have committed any offence the fact that he has been so found shall not have any effect under Section 75 of the Pakistan Penal Code, 1860, or Section 565 of the Code or operate as a disqualification for any office or employment or election under any law.

**67. Powers to amend orders :**Without prejudice to the power of Court of appeal or revision, any custody, supervision or probation order may be amended by the Court which made such order in respect of the person named as custodian, supervisor or Probation Officer and such other details as may be deemed necessary;

Provided that, in case of emergency and for immediate necessity, a committal order may be varied by way of change in the institution to which the order relates, such variation being subject to confirmation by the Chief Inspector.

68. Control of custodian over youthful offender: Any person to whose care a youthful offender is committed under the provisions of the Ordinance shall, while the Order is in force, have the like control over the youthful offender as if he were his parent, and shall be responsible for his maintenance and the youthful offender shall continue in his care for the period stated by the Court notwithstanding that he is claimed by his parent or any other person.

69. Powers of authorities to send youthful offenders to approved homes or voluntary homes instead of to certified schools or fit person institutions: Wherever under the provisions of the Ordinance it is provided that a youthful offender shall committed to a certified school or fit person' institution, it shall be lawful for the authority concerned to order such youthful offender to be sent to an approved home or a voluntary home instead, if in the opinion of such authority such order shall be in the interest of the youthful offender.

70. Bonds taken under the Ordinance: The provisions of Chapter XLII of the Code shall, as far as may be, apply to bonds taken under the Ordinance.

**71. Chief Inspectors, Probation Officers and persons authorised to be deemed public servants :**The Chief Inspector, Inspectors, Assistant Inspectors, Probation Officers and all other persons authorised or entitled to act under any of the profusions of the Ordinance shall be deemed to be public servants within the meaning of Section 21 of the Pakistan Penal Code, 1860.

72. Protection of action taken under the Ordinance: No suit, prosecution or other legal proceedings shall be instituted against any person for anything which is in good faith done or intended to be done under the Ordinance.

73. Power to make rules: (1) Government may make rules for carrying out the purposes of the Ordinance.

(2) In particular and without prejudice to the generality of the foregoing provisions such rules may be made for all or any of the following matters, namely:‑‑

(a) the procedure to be followed by Juvenile Courts and other Courts empowered to exercise the powers of Juvenile Courts under Section 5 in the trial of cases and the conduct of proceedings under the Ordinance ;

(b) the places at which, the days on which and the manner in which; a Juvenile Court shall hold its sittings;

(c) the establishment or certification, management, maintenance of records and accounts of certified schools, the education and industrial training of inmates in such institutions, and their leave of absence, the appointment of visitors and their tenure of office, the inspection of certified schools and other institutions for the reception of youthful offenders and the internal management and discipline of schools either established or certified by Government and release on licence of inmates therein ;

(d) the conditions subject to which institutions and places may be recognised as approved homes;

(e) the conditions subject to which institutions and associations shall be recognised as fit person institutions and approved homes under Section 24 ;

(f) the powers and duties of the Chief Inspector, Inspectors, Assistant Inspectors and Probation Officers under Section 36 ;

(g) the recruitment and training of personnel responsible for various functions under the Ordinance ;

(h) the manner in which a child may be detained by an officer in charge of a police station or ordered to be detained by a Court under Section 42 ;

(i) the manner in which youthful offender shall be sent back to his native place under Section 50;

(j) the manner in which contribution for the maintenance of a youthful offender, may be ordered to be paid under sub‑section (1) of Section 55 ;

(k) the condition under which a youthful offender may be released from a certified school or placed on licence and the form and conditions of such licence

(l) the conditions subject to which youthful offenders may be committed in the care of persons under this Ordinance and the obligation of such persons towards the youthful offenders so committed ;

(m) any other matter which is or may be prescribed under the Ordinance.

(3) The power to make rules under the Ordinance shall be subject to the conditions of previous publication.

**74. Reformatory Schools Act, 1897 and certain provisions of Code not to apply :**The provisions of the Reformatory Schools Act, 1897, and of sections 29‑B and 399 of the Code shall cease to apply to any area in which the provisions of Parts II to IX of the Ordinance have been brought into operation.

75. Repeal of the Punjab Youthful Offenders Act, 1952; (1) The Punjab Youthful Offenders Act, 1952, herein‑after referred to as the said Act, is hereby repealed.

(2) Notwithstanding the repeal of the said Act, anything done, action taken obligation, liability, penalty or punishment incurred, inquiry proceeding commenced, officer appointed or person authorised jurisdiction or power conferred rule made and order or notification issued under any of the provisions of the said Act, shall if not inconsistent with the provisions of this Ordinance be continued and so far as may be, be deemed to have been respectively done, taken, incurred, commenced, appointed authorised, conferred made or issued under the Ordinance.