Section 38 Child’s Right Act

Section 38 Child’s Right Act 2003 is about Power of Court to order forfeiture, etc. It is under Part III (Harmful Publication) of the Act.

(1) The Court by or before which a person is convicted of an offence under section 35 or 36 of this Act may order for any copy of the harmful publication and any place or photographic film prepared for the purpose of printing the harmful publication found in the possession of the convicted person under his control, to be forfeited.

(2) The power to order forfeiture under subsection (1) of this section shall not extend to a case where the accused person has successfully raised a defence against the charge.

(3) No order made under subsection (1) of this section by a Magistrate’s Court, or a High Court in case of an appeal from a Magistrate’s Court to the High Court, shall take effect‐
(a) until the expiration of the ordinary time within which an appeal may be lodged, whether by giving notice of appeal or applying for a case to be stated for the opinion of the High Court; or
(b) where an appeal is duly lodged, until the appeal is finally decided or abandoned.

(5) Before a forfeiture order is made under this section, the Court shall hear the author,
copyright owner or main publisher of the harmful publication if he so wishes.

[Editorial Note: Subsection (4) omitted. Numbering as per Gazette.]