21 Main Features of Punjab Destitute & Neglected Children Act 2004

The Punjab Destitute & Neglected Children Act 2004 has the purpose to rescue, custody, care, protection, and rehabilitation for destitute and neglected children in Punjab.

This law has been elaborated in layman language so that everyone should be able to understand it easily.

It was legislated in 2004 after the serial killer Javed Iqbal molested and killed 100 children in Lahore, the provincial capital of Punjab.

1. Who is a Destitute & Neglected Child?

“destitute and neglected child” means a child who–

•     is found begging;

• is found without having any home or settled place of abode and without any ostensible means of subsistence; or

• has a parent or guardian who is unfit or incapacitated to exercise control over the child; or

• lives in brothel or with a prostitute or frequently visits any place being used for the purpose of prostitution or is found to associate with any prostitute or any other person who leads an immoral or depraved life; or

• is being or is likely to be abused or exploited for immoral or illegal purpose or unconscionable gain; or

• is beyond the parental control; or (vii) has lost his parents or one of the parents and has no adequate source of income; or

• is victim of an offence punishable under this Act or any other law for the time being in force and his parent or guardian is convicted or accused for the commission of such offence;

2. Rescue of Destitute and Neglected Children (Section 24)

Child protection officers can take destitute and neglected children into custody.

Within 24 hours, the child must be presented before the Court for further actions.

Exceptions apply if the child is in the custody of a parent or guardian or is a victim of an offense by the parent or guardian.

3. Temporary Custody (Section 25)

Upon taking a child into custody, immediate production before the Court is sought.

If immediate production is not possible, the child is temporarily placed in the nearest child protection institution until the Court appearance.

4. Court Intervention (Section 26)

If the child is with a parent or guardian, the Court may call for the child’s production and inquire about their well-being.

The Court may permit the child to stay with the parent/guardian with suitable surety, or admit the child to a child protection institution in certain cases.

5. Examination of Reporting Persons (Section 27)

The Court examines, on oath, the person who brings the child or makes the report.

The substance of the examination is recorded, and the child may be admitted to a child protection institution pending further inquiry.

6. Custody and Bond (Section 28)

If the Court finds the child to be destitute and neglected, it may order admission to a child protection institution or entrust custody to a suitable person.

The custodian may be required to execute a bond with or without sureties, ensuring the child’s well-being.

7. Jurisdictional Considerations (Section 29)

If the child’s ordinary place of residence is outside the Court’s jurisdiction, the Court may direct custody arrangements in a suitable Court.

The child’s custody may be regulated as if the child was produced before the local Court.

8. Search Warrant (Section 30)

The Court may issue a search warrant if there are reasons to believe a child is destitute and neglected.

The officer executing the warrant may be accompanied by relevant personnel.

9. False Information (Section 31)

False, frivolous, or vexatious information may lead to the informer paying compensation, not exceeding fifty thousand rupees.

Default in paying compensation may result in simple imprisonment for up to six months.

10. Period of Custody (Section 32)

A child admitted to a child protection institution remains in custody until reaching the age of eighteen, unless specified otherwise by the Court.

11. Contribution of Parents (Section 33)

The Court may direct parents to pay maintenance for the child admitted to a child protection institution or in the custody of a suitable person.

The Court considers the parent’s capacity to pay while determining maintenance rates. Noncompliance may lead to recovery of the amount as arrears of land revenue.

12. Unauthorized Custody (Section 34)

Unauthorized custody of a destitute and neglected child is a punishable offense under this Act.

Whoever takes a child into custody or keeps them against the provisions of this Act may face imprisonment for up to three years or a fine of up to fifty thousand rupees, or both.

13. Cruelty to Children (Section 35)

Willful assault, ill-treatment, neglect, abandonment, or exposure of a child by someone other than a parent is an offense.

Failing to provide adequate food, clothing, medical aid, or lodging for the child causing unnecessary suffering is also an offense.

The offender may be sentenced to imprisonment for up to three years, a fine of up to fifty thousand rupees, or both.

14. Employing Child for Begging (Section 36)

Employing or causing a child to beg, or encouraging their employment for begging is a punishable offense.

Custodians or those with charge of the child who connive or encourage begging may face imprisonment for up to three years, a fine of up to fifty thousand rupees, or both.

15. Giving Intoxicating Liquor or Narcotic Drug to Child (Section 37)

Providing any intoxicant or narcotic drug to a child, except upon the prescription of a duly qualified medical practitioner, is an offense.

The offender may face imprisonment for up to three years, a fine of up to fifty thousand rupees, or both.

16. Permitting Child to Enter Places Where Liquor or  Narcotic Drugs are Sold (Section 38)

Permitting a child to enter places where intoxicants are served or consumed is an offense.

Owners, proprietors, or individuals in charge of such places who allow children to enter may face a fine of up to fifty thousand rupees.

17. Inciting Child to Bet or Borrow (Section 39)

Inciting or attempting to incite a child to make bets, wagers, or engage in betting transactions is an offense.

The offender may face imprisonment for up to six months, a fine of up to fifty thousand rupees, or both.

18. Exposure to Seduction (Section 40)

Exposing a child to the risk of seduction, sodomy, prostitution, or immoral conditions under the pretext of custody is an offense.

The offender may face imprisonment for up to three years, a fine of up to fifty thousand rupees, or both.

19. Abetting Escape of Child (Section 41)

Assisting a child admitted to a child protection institution to escape or harboring a runaway child is an offense.

Those aiding escape may face imprisonment for up to five years, a fine of up to fifty thousand rupees, or both.

20. Offenses under this Part (Section 42)

All offenses under this part are cognizable, meaning they can be investigated without a warrant.

The law provides strict measures to protect the rights and welfare of children.

21. Application of the Code (Section 43)

All offenses under this part shall be investigated, tried, and punished in accordance with the procedure prescribed in the Code of Criminal Procedure.

Conclusion

The Special Offences Relating to Children in the Punjab Destitute & Neglected Children Act 2004 aim to safeguard the well-being and rights of vulnerable children.

By criminalizing actions that harm or exploit children, this Act seeks to ensure a safer and nurturing environment for children in the region.