Last Change:
08/18/2025
Act No. 24 of 2013, The Children Act
Year: 2013
Type: Domestic law
Rights Category: Health, Liberty & security of person, Social protection, Family life, Documentation
Description
For the purpose of implementing the United Nations Convention on the Rights of the Child, the new Children Act 2013 was enacted and the old one was repealed. Under this Act, the establishment of a Child Welfare Board at various levels (National/District/Upazila) is recommended. The Act also suggests having Probation Officers and Child Affairs Police Officers to handle the cases concerning children. It is important to note that the National Child Welfare Board should be composed of various Govt. key ministries/departments including Social Welfare, Home Affairs, Local Government Division, Law ministry, Ministry of Education, Ministry of Labour and Employment, Ministry of Women and Children and so on. This is also the body to come up with policy directions for the disadvantaged children.
No mention of ‘citizenship’ of a child hence can be applicable to any child residing in the territory of Bangladesh.
Section 6 is very relevant which outlines the duties and responsibilities of probation officers when any child comes in conflict with laws.
Chapter III of the Act describes the formation of the Child Welfare Boards and their functions at National, District and Upazila levels.
Chapter IV of the Act describes setting up of the Child Affairs Desk and Child Affairs Police Officer and their functions. (section 13-15).
Chapter V states the establishment of Children Court in every district and its functions.
Section 21 deals with the determination of the age of a child who is in contact or conflict with laws. In doing so, documentation is relevant.
The child can be released on bail by the Children's Court (section 29).
The Act also mentions that the Children's Court to take into consideration certain factors while passing orders, namely-
a) age and gender of the child
b) physical and mental condition of the child
c) educational qualification of the child or the class in which the child studies
d) social, cultural and ethnic background of the child
e) financial condition of the child and his family
f) life style of the child and of his family
g) reasons behind the commission of the offence, information regarding gang formation, overall background and surrounding circumstances
h) opinion of the child
i) social inquiry report
j) other ancillary factors which are expedient or necessary to be taken into consideration for correction and in the best interest of the child.
Section 33 states that no child shall be sentenced to death, imprisonment for life or imprisonment (provided that under certain condition Children Court may sentence the child to imprisonment).
Section 35 mentions about periodic review and release by the Court.
Section 44 (1) restricts arrest of any child under the age of nine (9).
Section 48 holds provision of Diversion, for any child irrespective upon consideration of the social, familial, cultural, ethnic, psychological and educational background.
Section 52 (1) ensures that after the arrest of a child if it is not possible to release the child or send him to diversion or to produce before the court, the child affairs police officer may release the child on bail, with or without any condition or surety. In sub section (2) it mentions that while making such bail, the child affairs police officer need not to consider whether the offence is bailable or non bailable. Sub section (3) holds provisions for the exceptions of release on bail that are- if the offence is severe or heinous in nature, or if the child's release on bail is contrary to the child's best interest or if there is apprehension that upon release on bail the child may come in contact with any notorious criminal or be exposed to the moral risks or that the purpose of justice will be affected if the bail is granted. However, as per section (4) and (5), in such cases, the child must be produced before the Children's Court within 24 hours and the Court may release him on bail or send him to Safe Home or Child Development Center.
As per section 54, there are special measures and protection in respect of child in contact with the law, which includes: ensuring due respect for the dignity of the child, surrounding conditions, age, sex, incapacity and maturity of the child to be taken into consideration. The child shall be interviewed by the child affairs police officer in a child friendly environment, in case of female child female officer should do the interview, special measures in the court proceedings such as- in camera trial and trial behind the curtains and so on.
Section 55 ensures that the child has a right for legal representation and assistance. If the parents or the legal guardians of the child cannot appoint lawyer, Court shall take appropriate measures to appoint lawyer as per the Legal Aid Act 2000.
Section 58 describes the protective measures to be taken if it appears at any stage of the trial that the child in conflict to the law is susceptible to any harm. The authority in supervision of the child shall undertake the following measures: (a) to avoid direct contact of the child with the accused person (b) to provide security of the concerned child through the police or other agency, and to keep secret the whereabout of that child; (c) to apply to the court or the police for appropriate security of the concerned child and if necessary of the members of his family.
Chapter IX of the Act describes the special offences in respect of children and makes them punishable with both imprisonment and monetary sanctions. The offences include -
- any act of cruelty to a child (section 70)
-employing a child in begging (section 71)
-being drunk while in charge of a child (section 72)
-giving intoxicating drug or dangerous drug to a child (section 73)
-permitting a child to enter places where intoxicating or dangerous drugs are sold (section 74)
-for inciting a child to bet or borrow (section 75)
-for taking on pledge or purchasing article from a child (section 76)
-for allowing a child to be in brothel (section 77)
-for leading or encouraging a child to seduction (78)
-for carrying fire arms and illegal or banned stuff and committing terrorist activity by using a child (79)
-for exploitation of a child (80)
-for publishing secret information by news media (81)
Section 84 and 85 holds provisions for alternative and institutional care for the disadvantaged children.
Section 89 lays down the following to be considered as disadvantaged children:
a) the child whose parents, any one or both have died
b) the child without legal or lawful guardian
c) the child without any particular home or residence or without visible means of living
d) the child engaged in begging or anything against welfare of the child
e) the child dependent on the parents imprisoned or living in the prison with the imprisoned mother
f) the child victim of sexual oppression
g) the child staying with or going usually to the residence or workplace of any other person or offender engaged in prostitution or anti social or seditious activities
h) the child disabled of any type
i) the child with unnatural behavioral disorder caused by drugs or any other reason
j) the child who has fallen into ill company, or who may face moral degradation or who is at risk of entering into the criminal world
k) the child residing in the slum
l) the homeless child residing on the street
m) the effeminate child (hijra)
n) the gypsy and untouchable (harijan) child
o) the child infected with or affected by HIV-AIDS or
p) any child considered by the Children's Court or the Board to be in need of special protection, care and development
Selected provisions
In this Act, unless there is anything repugnant in the subject or context,-
(2) “legal or lawful guardian” means such a person who is, in the interest of the child, appointed or declared by the court as a guardian under section 7 of the Guardians and Wards Act, 1890 (Act No. VIII of 1890);
(3) “child in conflict with the law” means any child who is, subject to the provisions of sections 82 and 83 of the Penal Code, accused of any offence under any existing law or found guilty upon trial;
(4) “child in contact with the law” means any child who has been victim of, or witness to, any offence under any existing law;
(7) “Safe Home” means any certified institute or any such place or establishment, the authority of which carries out the duty of keeping, in safe custody, the child sent thereto under this Act by a Children’s Court, the Child Affairs Police Officer, the Probation Officer or, as the case may be, any other person or authority;
(11) “extended family” means the family of paternal grandfather, paternal grandmother, maternal grandfather, maternal grandmother, paternal uncle, paternal aunt, husband of father's sister, father's sister, mother's brother, wife of mother's brother, maternal aunt, husband of mother's sister, brother, wife of brother, sister, husband of sister, or the family of such blood relative or any relative by such kinship;
(12) “alternative care” means any measures taken under section 84;
(13) “diversion” means any measures taken under section 48;
(14) “person” shall include any company, association, organisation or, as the case may be, any institution;
(15) “Board” or ‘Child Welfare Board’ means the National Child Welfare Board, the District Child Welfare Board or, as the case may be, the Upazila Child Welfare Board established under sections 7, 8 and 9;
(16) “begging” means, with a view to receiving or collecting money, food, clothes or any other article from any person,
(a) to exhibit or use any child in a public place by way of dancing, singing, reading fortune, reciting holy scriptures or adopting any other tricks, whether by deceptive means or not; or
(b) to cause sore, wound, injury on the body of a child or to mutilatea child through unethical means, and to show or keep such sore, wound, injury and deformity uncovered for exhibition; or
(c) to cause any child to be feeble or lifeless by administering drugs or medicine, or in any other way to exhibit the child as dead;
(17) “child” means any person specified as child in section 4;
(18) “Children’s Court” means any court specified in section 16;
(19) “Child Development Centre” means any Child Development Centre established under section 59;
(20) “Child Affairs Police Officer” means a police officer in charge of the Child Affairs Desk as mentioned in sub-section (2) of section 13;
(21) “Social Worker” means a social worker working in the Department, or the union or municipal social worker working under the Department, or Khalamma (aunty), or BoroBhaia (senior brother) or any other worker of similar rank, irrespective of designation, who is engaged in providing care for children;
Notwithstanding anything contained in any other law for the time being in force, all persons up to the age of 18 (eighteen) years shall be regarded as children for the purposes of this Act.
(1) For performing functions under this Act, the Government shall appoint one or more Probation Officers in every district, upazila and metropolitan area, as the case may be.
(2) Notwithstanding anything contained in sub-section (1), if any person is appointed as a Probation Officer under any other existing law immediately before the commencement of this Act, he shall continue to work as a Probation Officer under this Act until further direction is given as if he had been appointed as a Probation Officer under sub-section (1).
(3) Until a Probation Officer is appointed for any area, the Government may delegate the responsibilities of the Probation Officer to any Social Services Officer or any other officer of similar rank working in the Department or in different districts or upazilas under the Department.
The duties and responsibilities of a Probation Officer shall be as follows:
(a) if any child, whether in contact with the law or in conflict with the law, is brought or otherwise comes to the police station, where applicable,
(i) to ascertain the reason for bringing or coming thereto;
(ii) to meet the child concerned and provide assurance of all kinds of assistance;
(iii) to communicate and coordinate with the police to categorize the concerned case or complaint;
(iv) to trace the parents of the concerned child and assist the police to communicate with them;
(v) to assess the possibility of bail of the child with the Child Affairs Police Officer or, as the case may be, to undertake diversion upon the immediate assessment of the background of the concerned case;
(vi) to arrange for placing the child in a Safe Home through the Child Affairs Police Officer before producing the child in the court, if it is not possible to undertake diversion or release the child on bail for any reasonable cause; and
(vii) to discharge such other duties as may be prescribed by rules;
(b) if any child, in contact with the law or in conflict with the law, is produced before the Children’s Court;
(i) to stay in the court or be present during the trial and, when necessary, to give company to the concerned child, in so far as possible;
(ii) upon field inquiry, to prepare a social inquiry report considering the conditions and surroundings of the concern
(iii) to ensure legal representation of the child, including legal aid, if necessary, through the District Legal Aid Committee;
(iv) in order to ensure justice for the child, without prejudice to the purpose of sub-clause (iii), to communicate, when necessary, with non-government legal aid organizations and to ensure legal representation of the child; and
(v) to discharge such other duties as may be prescribed by rules;
(c) if any child in conflict with the law is sent to any Child Development Centre or any certified institute, where applicable,
(i) to prepare and maintain a separate file for each child;
(ii) to follow the procedures laid down in section 84 and ensure due care;
(iii) to meet the child at regular intervals or, according to the wish of the child, to pay visits to him at such times as he may demand;
(iv) to observe or monitor, in so far as possible, whether the parents, the extended family or the legal or lawful guardian is properly complying with the conditions of supervision of the concerned child;
(v) to supervise, in person, whether or not the child is properly provided with formal and vocational education;
(vi) to inform the court regarding the behaviour of the child and the effectiveness of the measures taken for the child at regular intervals and submit the report called for by the court;
(vii) to give good advice to the child, make the child sociable, in so far as possible, and render overall support for that purpose; and
(viii) to discharge such other duties as may be prescribed by rules;
(d) in case of children in contact with the law or in conflict with the law, where applicable,
(i) to observe the conditions for diversion or alternative care; and
(ii) to discharge such other duties as may be prescribed by rules.ned child and to submit it before the court;
(1) The Ministry of Home Affairs shall set up a Child Affairs Desk in every police station, by assigning its responsibilities to an officer, not below the rank of Sub-Inspector:
Provided that if there is any female Sub-Inspector working in the concerned police station, the female Sub-Inspector shall be given preference to assign the responsibility of the desk.
(2) The officer in charge of the ‘Child Affairs Desk’ as mentioned in subsection (1) shall be called the Child Affairs Police Officer.
The Child Affairs Police Officer shall discharge the following duties and functions, namely:-
(a) to maintain separate files and registers for the case concerning children;
(b) if any child comes or is brought to the police station
(i) to inform the Probation Officer;
(ii) to inform the parents of the child or, in the absence of both of them, the guardian or the authority in supervision of the child, or legal or lawful guardian or, as the case may be, any member of the extended family, and to notify them about the date of producing the child before the court along with detailed information;
(iii) to provide immediate mental support;
(iv) to arrange for first aid and, if necessary, to send the child to a clinic or hospital;
(v) to take necessary measures to meet the basic needs of the child;
(c) to ensure that the age of the child is being determined correctly or in determining the age, the birth registration certificate of the child or other reliable documents relevant thereto are taken into consideration;
(d) upon joint assessment with the Probation Officer regarding the allegations brought against the child, to take diversionary measures or to arrange for bail after assessing the possibility thereof;
(e) if it is not possible to undertake diversion or release the child on bail due to any reason, to arrange for placement in a Safe Home before producing the child in the court for the first time;
(f) at every month to send all information of child related cases in prescribed form to the Probation Officer and to the Police Head Quarters through Superintendent of Police and, where applicable, to the District Legal Aid Committee;
(g) to discharge such duties as may be prescribed by rules; and
(h) to undertake such other measures as may be required to discharge the aforesaid functions.
Notwithstanding anything contained in section 239 of the Code of Criminal Procedure or any other law for the time being in force, no charge-sheet shall be submitted accusing a child jointly with any adult offender for any offence.
(1) For the purposes of this Act and for the trial of offences thereunder, there shall be at least one court to be called the Children’s Court in every district headquarter and in every metropolitan area, as the case may be.
(2) Notwithstanding anything contained in the Code of Criminal Procedure, for the purpose of sub-section (1), the Law and Justice Division, in consultation with the Supreme Court shall, by notification in the official Gazette, declare one or more courts of Additional Sessions Judge in every district and metropolitan area, as the case may be, as the Children’s Court and, if more courts than one are so declared, it shall determine the local extent of territorial jurisdiction of every such court:
Provided that if there is no Additional Sessions Judge in any district, the District and Sessions Judge of that district shall discharge the duties of a Children’s Court in addition to his own duties.
(1) If a child in conflict with the law or a child in contact with the law is involved in any case under any law whatsoever, the Children’s Court shall have the exclusive jurisdiction to try the case.
(2) If any child is involved in a case together with any adult , the Children’s Court shall, on the basis of separate charge-sheets under section 15, take evidence of the child and the adult separately in separate sittings on the same day, and continue uninterruptedly on the next working day in the same manner until examinations are closed.
(3) Without prejudice to the generality of the provisions of section 18, the Children’s Court shall conduct its sittings according to the provisions of subsection (2) in such place, day and manner as may be prescribed by rules:
Provided that until the rules are made, the Judge of a Children’s Court shall commence and adjourn the sittings according to the provisions of sub-section (2), upon determination of the date, time and place of the trial at his discretion.
(4) The sittings of the Children’s Court shall be held, in so far as possible, in any building or room and in a day or time other than the building or room and the day or time in which the sittings of the regular courts are generally held, and the sittings shall be held in an ordinary room, instead of a courtroom with witness box and the podium surrounded by red-cloth of the usual court, so far as it concerns the case of child only and not the adults.
The jurisdiction of a Children’s Court shall be as follows:
(a) the powers of a Court of Sessions under the Code of Criminal Procedure;
(b) the jurisdictions of a Civil Court in respect of issuing summons, summoning witnesses and ensuring their appearance, producing documents or materials and receiving evidence on oath.