Children Act, 1960
22. Orders that may not be passed
against delinquent children
(1) Notwithstanding
anything to the contrary contained in any other law for the time being in
force, no delinquent child shall be sentenced to death or imprisonment, or
committed to prison in default of payment of fine or in furnishing security:
Provided that where a child who
has attained the age of fourteen years has committed an offence and the
children's court is satisfied that the offence committed is of so serious a
nature or that his conduct and behavior have been such that it would not be in his
interest or in the interest of other children in a special school to send him
to such special school and that none of the other measures provided under this
Act is suitable or sufficient, the children's court may order the delinquent
child to be kept in safe custody in such place and manner as it thinks fit and
shall report the case for the orders of the Administrator.
(2) On receipt of a
report from a children's court under sub-section (1), the Administrator may
make such arrangement in respect of the child as he deems proper and may order
such delinquent child to be detained at such place and on such conditions as he
thinks fit:
Provided that the
period of detention so ordered shall not exceed the maximum period of
imprisonment to which the child could have been sentenced for the offence
committed.