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(Repealed)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 ;
(c) a District
Magistrate ;
(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
(c) such other
persons as the Court specially authorises to be present.
**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 ;
(c) the reports
made by the probation Officer, and
(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.
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