(Pb. Ord. XXIII of 1983)
[14 December 1983]
An
Ordinance to consolidate and amend the law for the custody, trial, protection,
treatment and rehabilitation of youthful offenders in the Province of the Punjab
Preamble.— Whereas it is expedient to consolidate and
amend the law for the custody, trial, protection, treatment and rehabilitation
of youthful offenders in the province of the Punjab.
NOW, THEREFORE, in pursuance of the Proclamation of the
fifth day of July, 1977, read with the Laws (Continuance in Force) Order, 1977
(C.M.L.A. Order No. 1 of 1977), and the Provisional Constitution Order, 1981
(C.M.L.A. Order No. I of 1981) the Governor of the Punjab is pleased to make
and promulgate the following Ordinance:-
PART
I
PRELIMINARY
1. Short title, extent and commencement.— (1) This Ordinance may be called the Punjab
Youthful Offenders Ordinance, 1983.
(2) It extends to the Province of the Punjab.
(3) Sections 1 and 2 shall come into force at
once whereas the remaining provisions of this Ordinance shall come into force
in such areas and on such dates as Government may, by notification in the
official Gazette, specify.
2. Definitions.— (1) In this Ordinance, unless the context
otherwise requires, the following expressions shall have the meanings hereby
respectively assigned to them, that is to say:-
(a) “child”
means a person who at the time of initiation of any proceeding against him
under the Ordinance or at the time of his arrest in connection with which any
proceedings are initiated against him under the Ordinance has not attained the
age of fifteen years [2][2][but does not include a pubert even though a
child who appears to have committed an offence which is punishable with Hadd
under the Offences Against Property (Enforcement of Hadood) Ordinance, 1979,
the Offence of Zina (Enforcement of Hadood) Ordinance, 1979, the Prohibition
(Enforcement of Hadd) Order, 1979, or the Offence of Qazf (Enforcement of Hadd)
Ordinance, 1979];
(b) “adult”
means a person who is not a child;
(c) “aftercare
association” means any association, society, organization or body, incorporated
or otherwise, the objects of which include assistance to and welfare of
youthful offenders on their discharge from a certified school, fit person
institution, approved home, borstal school or like institution;
(d) “approved
home” means a place declared as an approved home under section 23;
(e) “Chief
Inspector”, “Inspector” and “Assistant Inspector” means respectively a person
appointed to be Chief Inspector, an Inspector or an Assistant Inspector under
section 34;
(f) “certified
school” means a school established by Government under subsection (1) of
section 22 or an industrial school or educational institution certified by
Government under subsection (2) of that section;
(g) “Code”
means the Code of Criminal Procedure, 1898;
(h) “Division”
means a Revenue division as notified by the Government under the Punjab Land
Revenue Act, 1967;
(i) “final order” means an order passed by a
Juvenile Court or any Court empowered under section 5 to exercise the powers of
a Juvenile Court under section 48, 49, 50, 51, 52, 55, 56, 57 or 67;
(j) “fit
person” in relation to the care of any child or youthful offender includes any
association, society or body of individuals, whether incorporated or otherwise
established for or having for its object the reception or protection of
children or youthful offenders or the prevention of cruelty to children, which
undertakes to bring up or to give facilities for bringing up any child or
youthful offender entrusted to its care in conformity with the religion of his
birth;
(k) “Government”
means the Government of the Punjab;
(l) “guardian”
in relation to a child or youthful offender includes any person who, in the
opinion of the Court having cognizance of any proceedings in relation to the
child or youthful offender, has for the time being the actual charge of, or
control over, the said child or youthful offender;
(m) “Juvenile
Court means a Court established under section 4;
(n) “place
of safety” includes an approved home or any other suitable place or
institution, the occupier or manager of which is willing temporarily to receive
a child or youthful offender or where such an approved home or other suitable
place or institution is not available, in the case of male child or youthful
offender only, a police station in which arrangements are available or can be
made for keeping children or youthful offenders separately from other
offenders;
(o) “Prescribed”
means prescribed by rules made under the Ordinance;
(p) “Probation
of good conduct” means the placing of a youthful offender on probation of good
conduct on his personal recognizance and the expression “probation of good
conduct order” shall be construed accordingly;
(q) “probation officer” means an officer appointed
under section 34;
(r) “society”
means a body or association of individuals whether incorporated or not;
(s) “supervision”
means the placing of a child or youthful offender under the control of a probation
officer or other person for the purpose of securing proper care and protection
of the child or youthful offender by his parent, guardian, relative or any
other fit person to whose care the child or youthful offender has been
committed and the expression “supervision order” shall be construed
accordingly;
(t) “voluntary
home” means any place for the reception of youthful offenders maintained wholly
or partly by voluntary contributions; and
(u) “youthful
offender” means any child who appears to have committed an offence other than
an offence under sections 302, 304, 307, 375, 392, 393 and 498, Pakistan Penal
Code (Act XLV of 1860).
(2) Words and expressions used herein and not
defined in the Ordinance but defined in the Code shall have the meaning respectively
assigned to them in the Code.
3. Continuation
of proceedings against child on his attaining specified age.— If at the time of
initiation of any proceeding against a child under the Ordinance or at the time
of his arrest in connection with which any proceedings are initiated against
him under the Ordinance, such proceeding shall be continued and order may be
passed in respect of such person under the Ordinance notwithstanding that
during the course of such proceedings he may have attained the age of 15 years.
PART
II
POWERS
AND FUNCTIONS OF COURTS
4. Juvenile
Courts.—
Government may, by notification in the official Gazette, establish one or more
Juvenile Courts for any local area.
5. Courts empowered to exercise powers of
Juvenile Court.— The powers conferred
on a Juvenile Court under the Ordinance shall be exercised by:-
(a) the Lahore High Court, Lahore;
(b) a Court of Sessions;
(e) a Magistrate of the First Class;
whether trying any case originally or an appeal
or in revision.
6. Powers of Juvenile Courts and other
Courts mentioned in section 5.—
(1) When a Juvenile Court has been established for any local area, such Court
shall try all cases arising in such area in which a child is charged with the
commission of an offence and shall deal with and dispose of all other
proceedings under the Ordinance but shall not have power to try any case in
which an adult is charged with any offence mentioned in Part V of the
Ordinance.
(2) When a Juvenile Court has not been
established for any local area, no Court other than a Court exercising the
powers of a Juvenile Court shall have power to try any case, arising in that
area, in which a child is charged with the commission of an offence or to deal
with or dispose of any other proceedings under the Ordinance.
(3) When it appears to a Juvenile Court or
Magistrate exercising the powers of a Juvenile Court, that the offence with
which a child is charged is triable exclusively by a Court of Sessions, such
Court or Magistrate, as the case may be, shall immediately send the case to the
Court of Sessions for trial in accordance with the procedure laid down in the
Ordinance.
(4) When any Magistrate not empowered to
exercise the powers of a Juvenile Court is of the opinion that a person brought
before him is a child, he shall record such opinion and shall submit the
proceedings and forward the child to the Juvenile Court having jurisdiction in
the case or where such Court does not exist, to the [5][5][Sessions Judge/ Juvenile Court] to whom he
is subordinate.
7. No joint trial of child and adult.— (1) Notwithstanding anything contained in
section 239 of the Code or any other law for the time being in force no child
shall be charged with or tried for any offence together with an adult.
(2) If a child is accused of an offence for
which, under section 239 of the Code or any other law for the time being in
force, such child, but for the provisions of subsection (1) could have been
tried together with an adult, the Court taking cognizance of the offence shall
direct separate trials of the child and the adult.
8. Procedure in appealable summons cases
to be followed by Juvenile Courts and Courts empowered under section 5.— A Juvenile Court or a Court exercising the
powers of a Juvenile Court shall, as far as practicable, follow the procedure
provided in the Code for summary trials in summons cases in which an appeal
lies.
9. Sittings etc. of Juvenile Courts.— (1) A Juvenile Court shall hold its sittings
at such places, on such days and in such manner as may be prescribed.
(2) In the
trial of a case in which a child is charged with an offence, a Court exercising
the powers of a Juvenile Court, shall, as far as may be practicable, sit in a
different building or room from that in which the ordinary sittings of the
Court are held, or on different days or at different time from those at which
the ordinary sittings of the Court are held.
10. Adult to be sent to Sessions in a case
triable exclusively by a Court of Sessions.— When a child alongwith an adult is accused of having committed an
offence triable exclusively by a Court
of Sessions, the Court taking cognizance of the offence shall after separating
the case in respect of the child from that in respect of the adult and without
recording any evidence, send both the cases to the Court of Sessions, for
separate trial.
11. Presence of persons in Juvenile Courts.— Save as provided in the Ordinance, no person
shall be present at any sitting of a Juvenile Court except—
(a) the
members and officers of the Court;
(b) the
parties to the case before Court, their legal advisers if any, and other
persons directly concerned in the case including police officers; and
(c) such other persons as the Court specially
authorises to be present.
12. Withdrawal of person from Court.— If at any stage during the course of a trial
of a case or proceedings under the Ordinance a Court considers it expedient in
the interest of child to direct any person, including the parent, guardian or
the spouse of the child or the child himself to withdraw from the Court, the
Court shall, for reasons to be recorded in writing, be entitled to give such
direction and thereupon such person shall withdraw, if any person so directed
refuses to withdraw, the Court may take steps to remove him.
13. Dispensing with attendance of child.— If, at any stage during the course of the
trial of a case or proceeding under the Ordinance, a Court is satisfied that
the attendance of the child is not essential for the purposes of the hearing of
the case of proceeding, the Court may, for reasons, to be recorded in writing,
dispense with his attendance and proceed with the trial of the case in his
absence.
14. Withdrawal
of persons from Court when child is examined as witness.— If, at any stage during
the course of a trial of a case or proceeding in relation to an offence
against, or any conduct contrary to decency or morality, a child is summoned as
a witness, any Court trying the case or holding the proceeding may direct such
persons as it thinks fit, not being parties to the case or proceeding, their
legal advisers or the officers, concerned with the case or proceeding to
withdraw from the Court, and thereupon such persons shall withdraw from the
Court. If any person so ordered refuses to withdraw, the Court may take steps
to remove him.
15. Attendance at Court of parent of child
charged with offences, etc.—
(1) Where a child brought before a Court under the Ordinance has a parent or
guardian, such parent or guardian, may in any case, and shall, if he can be found
and if he resides within a reasonable distance, be required to attend the Court
before which any proceeding is held under the Ordinance, unless the Court is
satisfied, that it will be unreasonable to require his attendance.
(2) The parent or guardian whose attendance
shall be required under this section shall be the parent or guardian having the
actual charge of or control over the child:
Provided
that if such parent or guardian is not the father, the attendance of the father
may also be required.
(3) The attendance of the parent of a child
shall not be required under this section in any case where the child was,
before the institution of the proceeding, removed from the custody or charge of
his parent by an order of a Court.
(4) Nothing in this section shall be deemed
to require the attendance of the mother or the female guardian of a child if
such mother or female guardian does not according to the customs and manner of
the country, appear, in public, but any such mother or female guardian may appear
before the Court by an agent.
16. Committal to
approved place of child suffering from dangerous disease.— (1) When a child, who
has been brought before a Court under any of the provisions of the Ordinance,
is found to be suffering from a disease requiring prolonged medical treatment
or a physical or mental ailment that is likely to respond to treatment, the
Court may send the child to an approved home or to any other place recognized
to be an approved place in accordance with the rules made under the Ordinance,
for such period as it may think necessary for the required treatment.
(2) Where a Court has taken action under
subsection (1) in the case of a child suffering from any infectious or
contagious disease, the Court before restoring the said child to his partner in
marriage if there is one, or to the guardian, as the case may be, shall, where
it is satisfied that such action, will be in the interest of the said child,
call upon his partner in marriage or the guardian, as the case may be, to
satisfy the Court by submitting the medical report by a medical officer
authorised under the rules that such partner or guardian will not reinfect the
child in respect of whom the order has been passed.
17. Children of unsound mind or suffering from
leprosy, how to be dealt with.—
Where a child has been brought before a Court under any of the provisions of
the Ordinance, is found to be of unsound mind or suffering from leprosy, he
shall be dealt with under the provisions of the Lunacy Act, 1912, or the Lepers
Act, 1898, as the case may be.
18. Factors to be
taken into consideration in passing orders by Courts.— For the purpose of any
order which a Court has to pass under the Ordinance the Court shall have regard
to the following factors;
(a) the
character and age of the child;
(b) the
circumstances in which the child is living;
(c) the
reports made by the Probation Officer; and
(d) such other matters as may, in the opinion of the Court, require to
be taken into consideration in the interest of the child.
19. Report of
Probation Officer and other reports to be treated confidential.— The report of the
Probation Officer or any other report considered by the Court under section 18
shall be treated as confidential:
Provided that if such report relates to the character, health
or conduct of, or the circumstances in which the child or his parent is living,
the Court shall communicate the substance thereof to the child or parent
concerned as the case may be and give the child or parent an opportunity to
produce evidence as may be relevant to the matter stated in the report.
20. Prohibition
on publication of names, addresses etc. of children involved in cases of
proceedings under the Ordinance.— No report in any newspaper, magazine or
news-sheet of any case or proceeding in any Court under the Ordinance in which
a child is involved shall disclose the name, address or school or include any
particulars calculated to lead, directly or indirectly, to the identification
of any such child, nor shall any picture be published as being or including a
picture of any such child:
Provided that, for reasons to be recorded in writing the
Court trying the case or holding the proceeding may permit the disclosure of
any such report, if in its opinion such disclosure is in the interest of the child’s
welfare and is not likely to affect adversely the interest of the child.
21. Provisions
of the “Code” to apply to trial of cases and conduct proceedings under the
Ordinance unless excluded.— Except as expressly provided in the Ordinance or the
rules made thereunder, the procedure to be followed in the trial of cases and
the conduct of proceedings under the Ordinance shall be in accordance with the
provisions of the Code.
PART
III
CERTIFIED
SCHOOLS, APPROVED HOMES
AND OTHER INSTITUTIONS, ETC.
22. Establishment and certification of schools.— (1) Government shall establish and maintain
certified schools for the reception of youthful offenders.
(2) Government may certify any industrial
school or other educational institution, not established under subsection (1),
to be fit for the reception of youthful offenders.
(3) Government may establish an association
or society in any local area the aftercare of youthful offenders, discharged
from certified schools or fit person institutions and may regulate the activities
and functions in the prescribed manner.
23. Declaration of places as approved homes.— Subject to such rules as may be prescribed
in this behalf, Government may, by notification in the official Gazette,
declare any particular place as an approved home for the purposes of the
Ordinance.
24. Conditions to be prescribed for fit person
institutions and approved homes.— Government may prescribe conditions subject to which an institution
may be recognised as fit person institution or an approved home.
25. Management of
certified schools.— (1) For the control and management of every school
established under subsection (1) of section 22 a superintendent and a committee
of visitors shall be appointed by Government and such superintendent and
committee shall be deemed to be managers of the school for the purposes of the
Ordinance.
(2) Every school certified under subsection
(2) of section 22 shall be under the management of its governing body, the
members of which shall be deemed to be the managers of the school for the
purposes of the Ordinance.
26. Liabilities of Manager.— (1) The Manager of a certified school shall
be consulted by the Court before any youthful offender is committed to it.
(2) The Manager of a certified school may for
reasons considered satisfactory by the Court decline to receive any youthful
offender proposed to be committed to it under the Ordinance but when such
school has once accepted any youthful offender, it shall be bound to teach,
train, lodge, clothe and feed him during the whole period for which he is
liable to be detained in the school, or until the certificate of the school is
withdrawn or surrendered.
27. Medical inspection of certified schools and
fit person institutions.—
Any registered medical practitioner empowered in this behalf by Government may
visit any certified school or fit person institution at reasonable hours with
or without notice to its managers in order to report to the Chief Inspector on
the health of the inmates and the sanitary conditions of the school or institution.
28. Power of
Government to withdraw certificate.— (1) Government may, if dissatisfied with the
conditions, rules, management or superintendence of a school certified under
subsection (2) of section 22, by an order served on the manager of the school,
declare that the certificate of the school is withdrawn as from a date
specified in the order and on such date the withdrawal of the certificate shall
take effect and the school shall cease to be certified school.
(2) Government may, instead of withdrawing a
certificate under subsection (1), by notice served on the manager of the
school, prohibit the admission of youthful offenders to the school for such
time as may be specified in the notice or until the notice is revoked:
Provided
that before the issue of an order under subsection (1) or a notice under
subsection (2), a reasonable opportunity shall be given to the manager of the
school to show cause why the certificate may not be withdrawn or admission to
the school may not be prohibited as the case may be:
Provided
further that if the Government is not satisfied with the explanation, if any,
he shall be given an opportunity of being heard if he so desires.
29. Surrendering of certificate by Managers.— The Manager of a certified school may, on
giving six months’ notice in writing to Government through the Chief Inspector,
surrender the certificate of the school and at the expiration of six months
from the date of notice unless the same is withdrawn earlier, the certificate
shall be surrendered and the school shall cease to be a certified school.
30. Effect of withdrawal of surrendering
certificate.— A youthful
offender shall not be received into a certified school after the date of
receipt by the manager of the school of a notice of withdrawal of the certificate
or after the date of a notice of surrender of the certificate or after the date
of receipt by the manager of the school of a notice prohibiting the admission
of youthful offenders to the school:
Provided
that the obligation of the manager of the school to teach, train, lodge, clothe
and feed any youthful offender admitted in the school prior to the respective
dates aforesaid shall, except so far as Government otherwise, directs, continue
until the withdrawal or surrender of the certificate, as the case may be, takes
effect.
31. Disposal of inmates on withdrawal of
resignation.— When a school
ceases to be a certified school, the youthful offenders detained therein shall
be either discharged absolutely or on such conditions as Government may impose,
transferred by order of the Chief Inspector to some other certified school in
accordance with the provisions of the Ordinance relating to discharge and
transfer.
32. Inspection of voluntary home.— (1) Government may cause any voluntary home
to be visited and inspected from time to time at all reasonable hours by the
Chief Inspector, an Inspector, or an Assistant Inspector for the purpose of
securing the health and welfare of the youthful offenders and the sanitation of
the premises.
(2) The Chief
Inspector or an Inspector shall have power to enter a voluntary home at all
reasonable hours and to make a complete inspection thereof and of all registers
relating thereto for the aforesaid purposes.
(3) Where any voluntary home is for the
reception of girls the inspection shall, unless impracticable be conducted by a
woman authorised or appointed by the Chief Inspector.
(4) If Government is satisfied that the
management of any voluntary home, or the accommodation for or the treatment of
the youthful offenders therein is unsatisfactory it may cause to be served upon
the person responsible for the management of the voluntary home such general or
specific directions with respect to the matters aforesaid or any of them as it
thinks expedient for the welfare of the youthful offenders in the voluntary
home.
(5) Where any
such direction is not complied with, the [6][6][Sessions Judge/Juvenile Court] may, on the complaint of the Chief Inspector or
any person authorised in this behalf by Government, cause a summons to be served
upon the person in charge of the voluntary home and upon such other person as
he may think fit and upon hearing the person summoned, may if he thinks fit,
make an order for the removal of all or any specified number of youthful
offenders from the voluntary home.
(6) An order for the removal of youthful
offenders from such voluntary home shall operate as an authority to any person
named in the order and to any police officer not below the rank of Inspector to
enter the voluntary home and to remove the youthful offenders to a place of
safety.
(7) Where an
order has been made for the removal of all youthful offenders from such
voluntary home, the home shall not be used for the reception of youthful
offenders without the consent of Government.
(8) Government
may delegate all or any of its powers under this section to the Chief Inspector
or any authority or officer subordinate to it.
33. Inspection of certified schools and visit to
fit person institution.—
Every certified school or a fit person institution shall be liable to
inspection at all times and in all its departments by the Chief Inspector,
Inspector or Assistant Inspector and shall be so inspected at least twice a
year:
Provided that where any such school or fit person
institution is for the reception of girls mainly, such inspection shall unless
impracticable, be made by a woman authorised by the Chief Inspector in that
behalf.
PART
IV
OFFICERS,
THEIR POWERS AND DUTIES
34. Appointment of officers.— (1) Government may, for the purposes of the
Ordinance, appoint the following officers:-
(a) Chief Inspector;
(b) Inspectors and Assistant Inspectors;
(c) Probation Officers; and
(d) such other officers as may be necessary.
(2) A Juvenile Court or a Court empowered
under section 5 to exercise the powers of a Juvenile Court may, for the
purposes of any particular case or proceeding before it under the Ordinance,
appoint any person as a Probation Officer, if in its opinion such appointment
is expedient or necessary.
35. Supervision and control of Probation
Officers.— A Probation
Officer in the performance of his duties under the Ordinance shall be an
officer of the Court and shall be under the supervision and guidance of the
Juvenile Court, where such Court exists, and elsewhere under the [7][7][Sessions Judge].
36. Powers and duties of Probation Officers and
Inspectors.— The powers and
duties of the Chief Inspector, Inspectors and Assistant Inspectors and of
Probation Officers shall be such as are provided in the Ordinance and the rules
made thereunder.
PART
V
SPECIAL
OFFENCES IN RESPECT
OF YOUTHFUL OFFENDERS
37. Penalty for
abetting escape of youthful offender.— Whoever—
(a) knowingly assists or induces, directly or indirectly, a youthful
offender in a certified school to escape from the school or from any person
with whom he has been placed out on licence or any youthful offender to escape
from the person to whose care he has been committed under the provisions of the
Ordinance; or
(b) knowingly
harbours, conceals, connives at or prevents from returning to school or to any
person with whom he is placed out on licence or to whose care he is committed
under the Ordinance a youthful offender who has so escaped, or knowingly
assists or connives at so doing;
shall, on conviction, be punished with
imprisonment of either description for a term which may extend to six months or
with fine which may extend to five hundred rupees or with both.
38. Penalty for
use of voluntary home in contravention of section 32.— Whoever uses or
knowingly permits to be used any voluntary home in contravention of the
provision of section 32, shall, on conviction, be punished with fine which may
extend to five hundred rupees and to a further fine not exceeding, fifty rupees
in respect of each day during which the institution is so used or permitted to
be used after the conviction.
39. Penalty for
publication of report or pictures relating to youthful offender.— Whoever publishes any
report or picture in contravention of the provisions of section 21 shall, on
conviction, be punished with imprisonment of either description for a term
which may extend to two months or with fine which may extend to five hundred
rupees or with both.
40. Offence under this Part cognizable.— All offences under this Part, other than an
offence under section 38, shall be cognizable.
PART
VI
BAIL
OF CHILDREN ARRESTED AND
THE SENTENCES THAT MAY BE
IMPOSED
41. Bail of children arrested.— Where a child, accused of a non-bailable
offence, is arrested and cannot be brought forthwith before a Court competent
to try the case, the officer incharge of the police station to which such child
is brought, shall release the child on bail:
Provided
that if the Court is of the opinion that the release of the child shall bring
him into association with any reputed criminal or expose him to moral danger or
where his release would defeat the ends of justice, the Court may cancel the
bail.
42. Custody of children not enlarged on bail.— (1) Where a child having been arrested is
not released, under section 41 the officer incharge of the police station shall
cause such child to be detained in the prescribed manner until the child can be
brought before a Juvenile Court or a Court exercising the powers of a Juvenile
Court.
(2) A Court, on remanding for trial a child
who is not released on bail, shall order him to be detained in the prescribed
manner.
43. Submission of information to Probation
Officer incharge of approved home by police after arrest.— Immediately after the arrest of a child, it
shall be the duty of the police officer, or any other person affecting the
arrest, to inform the Probation officer and Officer incharge of the approved
home of such arrest in order to enable the said Probation Officer and officer
incharge of the approved home to proceed forthwith in obtaining information
regarding his antecedents and family history and other material circumstances
likely to assist the Court in making its final order.
44. Attendance of parent or guardian.— Where a child is arrested, the officer in
charge of the police station to which he is brought shall cause the parent or
guardian of the child, if he can be found, to be summoned to appear at the
Court before which the child will appear.
45. Sentences that may not be passed on a
youthful offender.— (1)
Notwithstanding anything to the contrary contained in any law for the time
being force, no youthful offenders shall be sentenced to death or
transportation or any imprisonment.
(2) When a
youthful offender is found to have committed an offence of so serious a nature
that the Court is of opinion that no punishment which under the provisions of
the Ordinance it is authorised to inflict, is sufficient or when the Court is
satisfied that the youthful offender is of so unruly or of so depraved a
character that he cannot be committed to a certified school or detained in a
place of safety and that none of the other methods in which the case may be
legally dealt with is suitable, the Court shall order the offender to be kept
in juvenile section of a jail and shall report the case for the orders of Government:
Provided
that no period of detention so ordered shall exceed the period of maximum
imprisonment provided in law for the offence committed by him.
46. Expressions “conviction” and “sentence” not
to be used in relation to youthful offenders.— Save as provided in the Ordinance, the words
“conviction” and “sentence” shall not be used in relation to youthful offenders
dealt with under the Ordinance and any reference in any enactment to a person
convicted, or a conviction for a sentence shall, in the case of a youthful
offender be construed as a reference to a person found guilty of an offence, a
finding of guilty or an order made upon such a finding, as the case may be.
47. No proceedings under Chapter VIII of the
Code against child.—
Notwithstanding anything to the contrary contained in the Code, no proceedings
shall be instituted and no order shall be passed against a child under Chapter
VIII of the Code.
48. Commitment of child to certified school or
fit person institution.—
Where a child is found to have committed an offence, the Court, if satisfied on
inquiry that it is expedient so to deal with the child, may order him to be
committed to a certified school or fit person institution in accordance with
the provisions of section 54.
49. Other order of the Court.— A Court may, if it shall deem fit, instead
of directing any youthful offender to be detained in a certified school or a
fit person institution under section 48,—
(i) Order
him to be discharged after due admonition;
(ii) Without passing any final order direct that he
be placed on probation of good conduct and committed to the care of his parent,
guardian or other adult relative or other appropriate person on such parent,
guardian relative or person executing a bond, with or without sureties, as the
Court may require, to be responsible for the good behaviour and well-being of
the youthful offender for any period not exceeding three years as may be
specified by the Court, and for the observance of such other conditions as the
Court may impose for securing that the youthful offender may lead an honest,
virtuous and industrious life.
50. Repatriation.— (1) In the case of
youthful offender whose ordinary place of residence lies outside the
jurisdiction of the Court before which he is brought if the Court is satisfied
after due inquiry that it is expedient so to do it may send the youthful
offender on such conditions as may be prescribed back to a relative or a fit
person, who is able and willing to receive him at his native place and take
proper care or and exercise, control over him, notwithstanding the fact that
the place of residence of such youthful offender may be outside the Province.
(2) Any breach of any of the prescribed
conditions shall render the youthful offender, if found at any time at any
place within the Province, liable to be committed to a certified school or to
the care of another fit person.
51. Power to
order parent to pay fine etc. instead of youthful offender.— (1) Where a child is
found to have committed an offence punishable with fine only, the Court shall
order that the fine be paid by his parent or guardian unless, the Court is
satisfied that the parent or guardian cannot be found or that, he has not
conduced to the commission of the offence by neglecting to exercise due care of
the child.
(2) An order under this section may be made
against a parent or guardian who, having been required to attend, has failed to
do so, but save as aforesaid, no such order shall be made without giving the
parent or guardian an opportunity of being heard.
(3) Where a parent or guardian is directed to
pay a fine under this section, the amount may be recovered in accordance with
the provisions of the Code.
52. Placing of youthful offender under
supervision.— The Court
shall, wherever possible, order that the youthful offender released under
section 49 be placed under supervision:
Provided
that if it appears to the Court on receiving a report from the Probation
Officer or otherwise, that the youthful offender has not been of good behaviour
during the period of supervision, it may, after affording an opportunity to the
youthful offender or the person in whose care he was committed of being heard,
proceed to pass such final order as it would have done had it not placed the
youthful offender on probation of good conduct.
53. Court
empowered to exercise powers of preceding provisions.— In passing an order in
respect of a youthful offender under this part, it shall be lawful for the
Court to exercise its powers under any one or more of the foregoing provisions
at the same time if it is necessary and expedient to do so in the interest of
the offender.
PART
VII
MAINTENANCE
AND TREATMENT OF COMMITTED YOUTHFUL OFFENDERS
54. Period of
detention.— Subject to the provisions of section 62, a youthful offender ordered to
be detained in a certified school or fit person institution shall be so
detained till he reaches the age of eighteen years:
Provided
that where special circumstances exist and the interest of the youthful
offender so demands, the Court may, for reasons to be recorded in writing,
order him to be detained for a shorter period.
55. Contribution
of parent.— (1) The Court which makes an order for the detention of a youthful
offender in a certified school or fit person institution or for the committal
of a youthful offender to the care of a relative or fit person may make an
order directing the parent or other person liable to maintain the youthful
offender to contribute to his maintenance, at such monthly rate not exceeding
rupees fifty, as in the opinion of the Court such parent or other person is in
a position so to do.
(2) Before making any order under subsection
(1) the Court shall inquire into the circumstances of the parent or other
person liable to maintain the youthful offender and shall record evidence, if
any, in the presence of the parent or such other person, as the case may be.
(3) Any order
made under this section may at any time be varied by the Court on an
application made to it by the party affected by the order.
(4) The person liable to maintain a youthful
offender shall for the purpose of subsection (1), include, in the case of
illegitimacy, [8][8][the person from whom he was begotten]:
Provided
that where the youthful offender is illegitimate and an order for his
maintenance has been made under section 488 of the Code, the Court shall not
ordinarily make an order for contribution against [9][9][the person from whom he was begotten] but
may order the whole or any part of the payments accruing due under the said
order for maintenance to be paid to such person or persons, as may be specified
by the Court, to be applied by him or them, as the case may be, towards the
maintenance of the youthful offender.
(5) An order under this section may be
enforced in the same manner as an order under section 488 of the Code.
56. Provision as to religion.— (1) In determining the certified school or
fit person institution to whose custody a youthful offender is to be committed
or entrusted under the Ordinance, the Court shall ascertain the religious
denomination of the youthful offender and shall in selecting such certified
school or fit person institution, have regard to the facilities which are
afforded for instruction in his religion.
(2) When a
youthful offender is committed to the care of a certified school or fit person
institution in which facilities for instruction in his religion are not
afforded or is entrusted to the care of a fit person under circumstances in
which it appears that no special facilities for the bringing up of the youthful
offender in his religion exist, the authorities of such certified school or fit
person institution or such fit person shall not bring the youthful offender up
in any religion other than his own.
(3) Where it is brought to the notice of the
Chief Inspector that a breach of subsection (2) has been committed, it shall be
open to the Chief Inspector to transfer the youthful offender from the custody
of such institution or person.
57. Placing out on licence.— (1) Subject to the prescribed condition the
Chief Inspector may, at any time after expiration of six months from the
commencement of the detention of a youthful offender in a certified school or
fit person institution, on the recommendation of the visitors or managers of
the school or institution, or on application by a parent’s relation or guardian
of the youthful offender supported by the local inquiries made through the
Probation Department or otherwise, release such youthful offender from the
school or institution and grant him a written licence in the prescribed form
and on the prescribed conditions permitting him to live under the supervision
and authority of such responsible person or society willing to take charge of
the youthful offender as may be approved by the Chief Inspector.
(2) Any licence granted under subsection (1)
shall be in force until revoked or forfeited for the breach of any of its
conditions on which it was granted.
(3) The Chief
Inspector may at any time by order in writing revoke any licence and order the
youthful offender to return to the certified school or fit person institution
and shall do so at the desire of the person or society with whom or under whose
supervision he is licensed to live. If the youthful offender refuses or fails
to return to the school or fit person institution, the Chief Inspector may, by
order in writing direct the officer in charge of the police station having
jurisdiction to secure the youthful offender and cause him to be produced
before the Court or taken to the school or fit person institution.
(4) When a
licence has been revoked or forfeited but the youthful offender to whom it was
granted refuses or fails to return to the school or fit person institution, the
Court may, whether an order under subsection (3) for the securing of the
youthful offender has been made or not, if satisfied by information on oath or
solemn affirmation that there is reasonable ground for believing that his
parent or guardian could produce the youthful offender, issue summons requiring
the parent or guardian to attend the Court on such day as may be specified, in
the summons and to produce the youthful offender, and if he fails to do so
without reasonable excuse, he shall, in addition to any other liability to
which he may be subject under the provisions of the Ordinance on conviction, be
punished with fine which way extend to fifty rupees.
(5) Where a parent or guardian is directed to
pay a fine under this section, the amount may be recovered in accordance with
the provisions of the Code.
(6) The time
during which a youthful offender is absent from a certified school or fit
person institution in pursuance of a licence granted under this section, shall
be deemed to be part of the time of his detention in the school or fit person
institution; provided that where a youthful offender has failed to return to
the school or fit person institution on the licence being revoked or forfeited,
the time which elapses after his failure so to return shall be excluded in
computing the time during which he is to be detained in the school or fit
person institution.
58. Action by
police with escaped youthful offender.— (1) Notwithstanding anything to the contrary
contained in any law for the time being in force, any police officer may
apprehend without a warrant a youthful offender who has escaped from a certified
school or fit person institution or from the supervision of a society or a
person under whose supervision he was directed to remain and shall send the
youthful offender back to certified school, fit person institution, society or
the person without registering any case or prosecuting the youthful offender,
and the said youthful offender shall not be deemed to have committed any
offence by reason of such escape but he may be dealt with by the society,
person or the authorities of the institution or school concerned in such manner
as such society, person or authority thinks fit.
(2) When
a youthful offender absconding from a certified school or fit person
institution, has been apprehended, he shall be sent to the certified school or
fit person institution, as the case may be, as early as possible, and pending
his removal he shall be detained in a place of safety.
PART
VIII
APPEALS
59. Appeals.— (1) Any person aggrieved by a final order may appeal to the Court
hereinafter mentioned.
(2) If a final order is passed:-
(a) by a Juvenile Court or by a Magistrate
exercising the powers of a Juvenile Court, an appeal shall lie to the Court of
Sessions;
(b) by
a Court of Sessions, an appeal shall lie to the Lahore High Court, Lahore.
(3) Except as provided in this section no
appeal shall lie from any order passed under the Ordinance by a Juvenile Court
or any other Court exercising the powers of a Juvenile Court under section 5.
60. Application of Code to Appeals.— The provisions of sections 419 to 431 (both
inclusive) of the Code shall mutatis
mutandis apply to appeals against final orders as if the said orders were
the orders of conviction and sentence passed by a Court under the Code.
61. Period of
limitation of appeals.— (1) The period of limitation for an appeal against a
final order shall be thirty days in the case of an appeal to a Court other than
the High Court, and sixty days in the case of an appeal to the High Court from
the date of the order appealed against.
(2) The provisions of sections 5, 7 and 12 of
the Limitation Act, 1908 shall apply to the filing of such appeal.
PART IX
MISCELLANEOUS
62. Discharge and transfer.— (1) Government may at any time for reasons
to be recorded in writing, order a youthful offender to be discharged from a
certified school or fit person institution either absolutely or on such
conditions as Government deems appropriate.
(2) Government may order any boy or girl over
the age of fifteen years, who has been placed on licence and who has committed
a breach of any condition of the licence and whom it is not advisable to send
back to his own school or fit person institution, to be transferred to a
Borstal Institute:
Provided
that the whole period of the detention of the youthful offender shall not be
increased by the transfer.
(3) Upon the transfer of a youthful offender
to a Borstal Institute under subsection (2) the provisions of the law relating
to Borstal Institute, in force in the area where the institute to which he is
transferred, is situated shall apply to such offender as if he had been
originally ordered to be detained in a Borstal Institute under such law.
(4) Government may at any time, for reasons
to be recorded in writing, discharge a youthful offender from the care of any
person to whose care he is committed under the ordinance either absolutely or
on such conditions as Government deems appropriate.
63. Transfer between institution and those of
like nature in different parts of Pakistan.— (1) Government may in consultation with the manager of any certified
school or fit person institution consent to the transfer to that school or fit
person institution of any youthful offender in respect of whom an order has
been made by a competent authority in any part of Pakistan of the nature of an
order under the Ordinance directing him to be sent to a certified school or fit
person institution of a like nature and upon such transfer the provisions of
the Ordinance shall apply to such youthful offender.
(2) Government may direct any youthful
offender to be transferred from any certified school or fit person institution
in the Province to any school or fit person institution of a like nature in any
other part of Pakistan in respect of which provision similar to that in the
Province is made by the Government of that part under any law in force therein:
Provided
that no youthful offender shall be so transferred without consent of Government
of that part.
64. Transfer of
youthful offender of unsound mind or suffering from leprosy.— (1) Where it appears to
Government that any youthful offender detained in a certified school of fit
person institution under any order of a Court is of unsound mind or a leper,
Government may, by an order setting forth the grounds of such belief, order his
removal to a mental hospital or leper asylum or other place of safe custody, to
be kept there and treated as Government directs during the remainder of the
term for which he has been ordered to be detained or if on the expiration of
such period it is certified by a medical officer that it is necessary for the
safety of the youthful offender that he should be further detained under
medical care or treatment, then until he is discharged according to law.
(2) Where it appears to Government that any
youthful offender who has been removed to a mental hospital or a leper asylum
or is detained in any other place of safe custody under subsection (1) has
become of sound mind, or is cured of leprosy, Government shall by an order
direct the person having charge of the youthful offender, if still liable to be
detained, to send him to the certified school or fit person institution from
which he was removed, or if the youthful offender is not liable to be detained,
order him to be discharged.
(3) Subject to
the provisions of subsection (2), the provisions of section 31 of the Lunacy
Act, 1912 or of section 14 of the Lepers Act, 1898, as the case may be, shall
apply to every youthful offender confined in a mental hospital or leper asylum
under subsection (1) after the expiration of the period for which he was ordered
to be detained; and the time during which a youthful offender is confined in a
mental hospital or leper asylum under that subsection shall be reckoned as part
of the period for which he may have been ordered by the Court to be detained:
Provided
that where the removal of a youthful offender due to unsoundness of mind or
leprosy is immediately necessary, it shall be open to the authorities of the
institution in which the youthful offender is detained to apply to a Court,
having jurisdiction under the Lunacy Act, 1912 or the lepers Act, 1898, as the
case may be, for an immediate order of committal of such youthful offender to a
mental hospital or a leper asylum until such time as the orders of Government
can be obtained in the matter.
65. Transfer from one institution to another.— The Chief Inspector may direct any youthful
offender to be transferred from one certified school or fit person institution
to another, as far as possible, in the same Division.
66. Removal of
disqualifications attaching to convictions.— When a child is found to have committed any
offence the fact that he has been so found shall not have any effect under
section 75 of the Pakistan Penal Code, 1860, or section 565 of the Code or
operate as a disqualification for any office or employment or election under
any law.
67. Powers to amend orders.— Without prejudice to the power of Court of
appeal or revision, any custody, supervision or probation order may be amended
by the Court which made such order in respect of the person named as custodian,
supervisor or Probation Officer and such other details as may be deemed
necessary:
Provided
that, in case of emergency and for immediate necessity, a committal order may
be varied by way of change in the institution to which the order relates, such
variation being subject to confirmation by the Chief Inspector.
68. Control of custodian over youthful
offender.— Any person to
whose care a youthful offender is committed under the provisions of the
Ordinance shall, while the order is in force, have the like control over the
youthful offender as if he were his parent, and shall be responsible for his
maintenance and youthful offender shall continue in his care for the period
stated by the Court notwithstanding that he is claimed by his parent or any
other person.
69. Powers of authorities to send youthful
offenders to approved homes or voluntary homes instead of to certified schools
or fit person institutions.—
Wherever under the provisions of the Ordinance it is provided that a youthful
offender shall be committed to a certified school or fit person institution, it
shall be lawful for the authority concerned to order such youthful offender to
be sent to an approved home or a voluntary home instead, if in the opinion of
such authority such order shall be in the interest of the youthful offender.
70. Bonds taken under the Ordinance.— The provisions of Chapter XLII of the Code
shall, as far as may be, apply to bonds taken under the Ordinance.
71. Chief lnspectors, Probation Officers and
persons authorised to be deemed public servants.— The Chief Inspector, Inspectors, Assistant
Inspectors, Probation Officers and all other persons authorised or entitled to
act under any of the provisions of the Ordinance shall be deemed to be public
servants within the meaning of section 21 of the Pakistan Penal Code, 1860.
72. Protection of action taken under the
Ordinance.— No suit,
prosecution or other legal proceedings shall be instituted against any person
for any thing which is in good faith done or intended to be done under the
Ordinance.
73. Power to make rules.— (1) Government may make rules for carrying
out the purposes of the Ordinance.
(2) In particular and without prejudice to
the generality of the foregoing provisions such rules may be made for all or
any of the following matters namely:-
(a) the
procedure to be followed by Juvenile Courts and other Courts empowered to
exercise the powers of Juvenile Courts under section 5 in the trial of cases
and the conduct of proceedings under the Ordinance;
(b) the
places at which, the days on which and the manner in which, a Juvenile Court
shall hold its sittings;
(c) the establishment or certification, management,
maintenance of records and accounts of certified schools, the education and
industrial training of inmates in such institutions, and their leave of
absence, the appointment of visitors and their tenure of office, the inspection
of certified schools and other institutions for the reception of youthful
offenders and the internal management and discipline of schools either
established or certified by Government and release on licence of inmates
therein;
(d) the
conditions subject to which institutions and places may be recognised as
approved homes;
(e) the
conditions subject to which institutions and associations shall be recognised
as fit person institutions and approved homes under section 24;
(f) the powers and duties of the Chief Inspector,
Inspectors, Assistant Inspectors and Probation Officers under section 36;
(g) the
recruitment and training of personnel responsible for various functions under
the Ordinance;
(h) the
manner in which a child may be detained by an officer incharge of a police
station or ordered to be detained by a Court under section 42;
(i) the manner in which a youthful offender shall be sent back to his
native place under section 50;
(j) the manner in which contribution for the maintenance of a youthful
offender may be ordered to be paid under subsection (1) of section 55;
(k) the
condition under which a youthful offender may be released from a certified
school or placed on licence and the form and conditions of such licence;
(l) the conditions subject to which youthful offenders may be committed
to the care of persons under this Ordinance and the obligation of such persons
towards the youthful offenders so committed;
(m) any
other matter which is or may be prescribed under the Ordinance.
(3) The power to make rules under the
Ordinance shall be subject to the conditions of previous publication .
74. Reformatory Schools Act, 1897 and certain provisions
of Code not to apply.— The
provisions of the Reformatory Schools Act, 1897, and of sections 29B and 399 of
the Code shall cease to apply to any area in which the provisions of Parts II
to IX of the Ordinance have been brought into operation.
75. Repeal of the Punjab Youthful Offenders Act,
1952.— (1) The Punjab
Youthful Offenders Act, 1952, hereinafter referred to as the said Act, is
hereby repealed.
(2) Notwithstanding
the repeal of the said Act, anything done, action taken, obligation, liability,
penalty or punishment incurred, inquiry or proceeding commenced, officer
appointed or person authorised, jurisdiction or power conferred, rule made and
order or notification issued under any of the provisions of the said Act, shall
if not inconsistent with the provisions of this Ordinance be continued and so
far as may be, be deemed to have been respectively done, taken, incurred,
commenced, appointed, authorised, conferred, made or issued under the
Ordinance.
[1][1]This Ordinance was
promulgated by the Governor of the Punjab on 12th December, 1983; and,
published in the Punjab Gazette (Extraordinary) dated 14th December, 1983;
pages 1875W-1875UU.
[3][3]The words “a District
Magistrate” omitted by the Punjab Youthful Offenders (Amendment) Ordinance,
2001 (XL of 2001), which will remain in force under the Provisional
Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the
maximum limit of three months prescribed under Article 128 of the Constitution
of the Islamic Republic of Pakistan.
[5][5]Substituted for the words
“District Magistrate or the Sub-Divisional Magistrate” by the Punjab Youthful Offenders
(Amendment) Ordinance, 2001 (XL of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[6][6]Substituted
for the words “District Magistrate” by the Punjab Youthful Offenders
(Amendment) Ordinance, 2001 (XL of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[7][7]Substituted
for the words “District Magistrate” by the Punjab Youthful Offenders
(Amendment) Ordinance, 2001 (XL of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
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