Section 44 Child’s Right Act
Section 44 Child’s Right Act 2003 is about Children taken into police protection in cases of emergency. It is under Part IV (Protection of Children) of the Act.
(1) Where the specialised children police in a State has reasonable cause to believe that a child is otherwise likely to suffer significant harm, a specialised children police officer may take the child into police protection by‐
(a) removing the child to an Emergency Protection Centre or any other approved suitable accommodation and keeping the child there; or
(b) taking such steps as are reasonable to prevent the child from being removed from any hospital, or other place, in which the child is then being accommodated.
(2) As soon as is reasonably practicable after taking a child into police protection, the police officer concerned shall‐
(a) inform the State Government within whose area the child was taken of the steps that have been, and are to be taken with respect to the child under this section and the reasons for taking those steps;
(b) give details of the case to the appropriate authority within whose area the child is ordinarily resident, that is, the appropriate authority of the place in which the child is being accommodated;
(c) inform the child, if he appears capable of understanding, of –
(i) the steps that have been taken with respect to him under this section and of the reasons for taking those steps; and
(ii) further steps that may be taken with respect to him under this section;
(d) take such steps as are reasonably practicable to discover the wishes and feelings of the child ;
(e) secure that the case is enquired into by an officer designated for the purpose of this section by the officer in charge of the specialised children police in the State concerned; and
(f) where the child was taken into protection by being removed to an accommodation which is not provided‐
(i) by or on behalf of a State Government,
(ii) as a refuge, in compliance with the requirements of section 48 of this Act, secure that he is moved to an Emergency Protection Centre or any other approved suitable accommodation which is so provided.
(3) As soon as is reasonably practicable after taking child into police protection, the police officer concerned shall take such steps as are reasonably practicable to inform‐
(a) the parents of the child;
(b) a person who, though not a parent of the child, has parental responsibility for the child; and
(c) any other person with whom the child was living Immediately before being taken into
police protection, the reasons for taking those steps and the further steps that may be taken with respect to the child under this section.
(4) A police officer designated under subsection (3) (c) of this section shall, on completing an enquiry under that subsection, release the child from police protection unless he considers that there is still reasonable cause for believing that the child is likely to suffer significant harm if released.
(5) No child may be kept in police protection for more than seventy‐two hours.
(6) While a child is being kept in police protection, the designated officer may apply on behalf of the appropriate authority for an emergency protection order to be made under section 42 of this Act with respect to the child.
(7) An application may be made under subsection (6) of this section whether or not the appropriate authority knows of it or agrees to its being made.
(8) While a child is being kept in police protection, the police officer concerned or the designated officer shall not have parental responsibility for him, but designated officer shall do what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting the welfare of the child, having regard in particular to the length of the period during which the child will be so protected.
(9) Where a child has been taken into police protection, the designated officer shall allow‐
(a) the parents of the child;
(b) a person who, though not a parent of the child has parental responsibility for the child;
(c) a person with whom the child was living immediately before he was taken into police protection;
(d) a person in whose favour a contact order is in force with respect to the child;
(e) a person who is allowed to have contact with the child by virtue of an order made under section 55 of this Act; or
(f) a person acting on behalf of the persons specified in paragraphs (a) to (e) of this subsection, to have such contact, if any, with the child as, in the opinion of the designated officer, in reasonable and in the best interest of the child.
(10) Where a child who has been taken into police protection is in an accommodation provided by, or on behalf of, the appropriate authority, subsection (9) of this section shall have effect as if references to designated officer were references to the appropriate authority.
