Section 53 Child’s Right Act

Section 53 Child’s Right Act 2003 is about Care and supervision order, general. It is under Part VI (Care and Supervision) of the Act.

(1) The Court may, on the application of a State Government, an appropriate authority or any other authorised person make a ‐

(a) care order, placing a child with respect to whom an application is made in the care of a designated authorised person, appropriate authority or the State Government;
(b) supervision order, placing a child under the supervision of a designated appropriate authority or supervision officer.

(2) A Court may make a care order or supervision order if it is satisfied that ‐
(a) the care given to the child, or likely to be given to the child if the order were not made, is not what a parent would reasonably be expected to give to the child; or
(b) the child is beyond parental control.

(3) No care order or supervision order shall be made with respect to a person who has attained the age of eighteen years.

(4) An application under this section may be made on its own or in any other family proceedings.

(5) The Court may, on an application ‐
(a) for a care order, make a supervision order;
(b) for a supervision order, make a care order.

(6) An authorised person who proposes to make an application under this section, shall‐ .
(a) if it is reasonably practicable to do so ; and
(b) before making the application, consult the State Government or the appropriate authority appearing to him to be the authority in whose jurisdiction the child concerned is ordinarily resident.

(7) An application for a care order or a supervision order made by an authorised person shall not be entertained by the Court if, at the time when it is made, the child concerned is ‐
(a) the subject of an earlier application for a care order or supervision order, which has not been disposed of; or
(b) subject to a care order or supervision order.

(8) The State designated in a care order or supervision order shall ‐
(a) be the State in which the child is ordinarily resident; or
(b) where the child does not reside in the State, be the State in which any circumstances arose in consequence of which the order is being made.

(9) Where the question as to whether harm suffered by a child is significant turns on the child’s health or development, his health or development shall be compared with that which could reasonably be expected of a child of similar circumstances.