Section 50 Child’s Right Act

Section 50 Child’s Right Act 2003 is about Power of certain persons to bring children in need to care and protection before a court in certain cases. It is under Part V (Children in Need of Care and Protection) of the Act.

(1) A child development officer, a police officer or any other person authorised by the Minister may bring a child before the Court if he has reasonable grounds for believing that the child‐

(a) is an orphan or is deserted by his relatives;
(b) has been neglected or ill‐treated or battered by the person having the care and custody of the child;
(c) has a parent or guardian who does not exercise proper guidance and control over the child;

(d) if found destitute, has both parents or his surviving parent, undergoing imprisonment or mentally disordered or otherwise severely incapacitated;
(e) is under the care of a parent or guardian who, by reason of criminal or drunken habits, is unfit to have the care of the child;
(f) is the daughter of a father who has been convicted of the offence of defilement or indecent treatment of any of his daughters;
(g) is found wandering or has no home or settled place of abode, is on the street or other public place, or has no visible means of subsistence;

(h) is found begging or receiving alms, whether or not there is any pretence of singing, playing, performing, offering anything for sale or otherwise or is found in any street, premises or place for the purpose of so beginning or receiving alms;
(i) accompanies any person when that person is begging or receiving alms, whether or not there is any pretence of singing, playing, performing, offering anything for sale, or otherwise;

(j) frequents the company of a reputed thief or common or reputed prostitute;
(k) is lodging or residing in a house or the part of a house used by a prostitute for the purpose of prostitution, or is otherwise living in circumstances calculated to cause, encourage of favour the seduction or prostitution of the child;

(l ) is a child in relation to whom an offence against morality has been committed or attempted;
(m) is otherwise exposed to moral or physical danger;
(n) is otherwise in need of care, protection or control; or
(o) is beyond the control of his parents or guardians.

(2) The person making an application under subsection (1) of this section shall, before the hearing of the application, take such steps as are reasonably practicable to ensure that notice of the application is given to‐
(a) the parents of the child; or
(b) a person who, though not a parent of the child, has parental responsibility for the child; or
(c) any other person who has the care of the child; and
(d) the child concerned, if he has sufficient understanding.

(3) The Court, if satisfied that a child brought before it comes within any of the paragraphs of subsection (1) of this section may‐
(a) cause the parent or guardian of the child to enter into a recognisance to exercise proper care and guardianship over the child; or

(b) make a corrective order‐
(i) committing the child to the care of any first person whether a relative or not, who is willing to undertake the care of the child; or
(ii) sending the child to an approved institution, in exceptional circumstances where a non‐institutional measure is impracticable or inappropriate;

(c) without making any other order, or in addition to making an order under paragraph (b) of this subsection, make an order placing the child for a specified period, not exceeding three years, under the supervision of a supervision officer, or of some other person appointed for the purpose by the Court.

(4) A child shall not be deemed to come within the scope of paragraph (j) of subsection (1) of this section, if the only common or reputed prostitute whose company the child frequents is the mother of the child and it is proved that she exercises proper guidance and due care to protect the child from moral danger.

(5) For the purpose of paragraph (m) of subsection (1) of this section, but without prejudice to the generality of the words thereof, the fact that a child is found‐
(a) destitute or wandering, without any settled place of abode and without visible means of subsistence;
(b) begging or receiving alms, whether or not there is any pretence of singing, playing, performing or offering anything for sale or otherwise;

(c) loitering for the purpose of begging or receiving alms;
(d) hawking or street trading; or
(e) living in the streets, under bridges, in market places, in motor parks or in other public places, is evidence that the child is exposed to moral danger.

(6) A court, before which a person is convicted of having committed, in respect of a child, any offence referred to in paragraph (f) or (i) of subsection (1) of this section, may‐
(a) direct that the child be brought before a court with a view to that court making such order under subsection (2) of this section as may be proper; or

(b) if satisfied that the evidence before it is sufficient to enable it properly exercise jurisdiction, notwithstanding anything to the contrary in Part XIII of this Act, make any order which the court has power to make.