Section 221 Child’s Right Act

Section 221 Child’s Right Act 2003 is about Restriction on punishment. It is under Part XX (Child Justice Administration – Adjudication) of the Act.

(1) No child shall be ordered lo be‐
(a) imprisoned; or
(b) subjected to corporal punishment or
(c) subjected to the death penalty or, have the death penalty recorded against him.

(2) No expectant mother or nursing mother shall be subjected to the death penalty or have the death penalty recorded against her.

(3) A court shall, on sentencing an expectant or a nursing mother, consider the imposition of a non‐institutional sentence as an alternative measure to imprisonment.

(4) Where institutional sentence is mandatory or desirable, an expectant or a nursing mother shall be committed to and be held or detained at a Special Mothers Centre.

(5) No mother and child shall be held or detained at a Special Mothers Centre for a period longer than the time the child would have attained the age of six years.

(6) Where‐
(a) a mother is released from a Special Mothers Centre due to the age of her child being six years before she has completed her sentence; or
(b) a child dies while with the mother at a Special Mothers Centre, the mother Shall be brought before the court which passed the original sentence to review the case and deal with her as appropriate, having regard to all the circumstances of the case.

(7) Where a mother is further given a sentence of imprisonment as a result of a review under Subsection (6) of this section, the child shall be treated as a child in need for purposes of section 178 of this Act and may be committed to the care of either‐
(a) his father; or
(b) a fit and proper person, by a committal order.