Section 223 Child’s Right Act
Section 223 Child’s Right Act 2003 is about Methods of dealing with child offender. It is under Part XX (Child Justice Administration – Adjudication) of the Act.
(1) Where a child charged with an offence is tried by a court and the Court is satisfied that the child actually committed the offence, the Court shall take into consideration the manner in which under the provisions of this Act, the case should be dealt with, namely, by‐
(a) dismissing the charge; or
(b) discharging the child offender on his entering into a recognisance; or
(c) placing the child under care order, guidance order and supervision order, including‐
(i) discharging the child offender and placing him under the supervision of a supervision officer; or
(ii) committing the child offender by means of a corrective order to the care of a guardian and supervision of a relative or any other fit person; or
(iii) sending the child offender by means of a corrective order to an approved accommodation or approved institution; or
(d) ordering the child offender to‐
(i) participate in group counseling and similar activities;
(ii) pay a fine, damages, compensation or costs; or
(iii) undertake community service under supervision; or
(e) ordering the parent or guardian of the child offender to‐
(i) pay a fine, damages, compensation or costs; or
(ii) give security of his good behaviour; or
(iii) enter into a recognisance to take proper care of him and exercise proper control over him; or
(f) committing the child offender to custody in a place of detention provided under this Act; or
(g) making a hospital order or an order prescribing some other form of intermediate treatment ; or
(h) making an order concerning foster care, guardianship, living in a community or other
educational setting; or .
(i) dealing with the case in any other manner in which it may be legally dealt with under this Act.
(2) The placement of a child m an approved accommodation or Government institution shall‐
(a) be a disposition of last resort; and
(b) not be ordered unless there is no other way of dealing with the child, and the Court shall state, in writing, the reason or reasons for making the order.
(3) Where an order under this section is made by the Court, the order shall, for the purpose of‐
(a) reverting or restoring stolen property; and
(b) enabling the Court to make orders as to the restitution or delivery of property to the owner and as to the payment of money upon or in connection with the restitution or delivery , have the like effect as a restitution order upon a conviction of an adult offender, subject however to any protection provided for the child offender under this Act.
(4) A court shall not make an institutional order in respect of a child unless it is satisfied that there is a vacancy in the approved institution to which it intends to commit the child.
(5) An approved institution may refuse to accept or admit a child where there is no vacancy in the institution for the child notwithstanding an order of a Court committing the child to that institution.
