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the United Nations Convention on the Rights of the Child, the new Children Act 2013 was enacted and the old one was repealed.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
(1) The set-up, decoration and seating arrangement of the courtroom shall be prescribed by rules.
(2) The seating arrangement of a Children’s Court shall be made in a manner so that every child may sit nearer to the parents or, in the absence of both of them, to the guardian or the authority in supervision or the legal or lawful guardian or members of the extended family and to the Probation Officer and the lawyer.
(3) The Children’s Court shall, if necessary, ensure special seating arrangements for the impaired children along with appropriate seating arrangement in the courtroom for the child keeping consistent with the provision of sub-section (1).
(4) Notwithstanding anything contained in any other law, the lawyer, members of the police or other employees of the court shall not wear their professional or official uniform in the courtroom during trial of a child in a Children’s Court.
Notwithstanding anything contained in any other law for the time being in force or in any judgment or order of the court, the date of committing of the offence shall, for the purposes of this Act, be the relevant date for determining the age of the child.
(1) If any child, whether being charged with an offence or not, is brought before the Children’s Court in connection with any offence, or if any child is brought before the court for the purpose other than of giving evidence, and it appears to the Children’s Court that he is not a child, the court may hold necessary inquiry and hearing to assess the age of that child.
(2) Based on the evidence as may be forthcoming during the inquiry and hearing under sub-section(1), the Children’s Court shall record its findings thereon and declare the age of the child.
(3) For the purposes of determining the age-
(a) the Children’s Court may call for relevant documents, registers, information or statement from any person or institution;
(b) the court may issue subpoena to any person or to any officer or employee of any institution to produce documents, registers, information or statements as mentioned in clause (a).
(4) The age of any child ascertained and declared by the Children’s Court under this section shall, for the purposes of this Act, be deemed to be the actual age of that person, and any order or judgment of the court shall not be ineffective or invalidated by any subsequent proof that the age of such person has been incorrectly ascertained:
Provided that if any person, previously declared ‘not a child’ by the Children’s Court, is subsequently proved to be a child by any undoubted documentary evidence, the court may revise its previous order regarding the age of the concerned child with adequate justification.
(1) Participation in person at all stages of the trial shall be considered as a right of the concerned child.
(2) Notwithstanding anything contained in sub-section (1), the Children’s Court may, subject to the consent of the child, at any stage of any case or proceeding of the trial, exempt him from personal appearance and continue the case or the proceeding in his absence if his presence is not considered necessary for the best interest of the child:
Provided that in such a case the presence of the parents of the child and, in the absence of both of them, the presence of the guardian or the authority in supervision of the child or legal or lawful guardian of the child or, as the case may be, members of the extended family and the concerned lawyer along with the Probation Officer shall be ensured.
(3) If the proceedings are conducted in absence of the child according to the provision of sub-section (2), the Children’s Court shall record in the casedocket the reasons of such absence and inform the child through the person present in the proceeding on behalf of the child of the steps taken and proceedings conducted by the court and of the measures to be taken for or against the child.
(4) The lawyer appointed on behalf of the child and the Probation Officer shall assist the concerned child to understand the decisions and order of the court as well as the nature and consequence of the judicial proceeding including language support.
(5) If any carelessness, negligence or failure of any Child Affairs Police Officer or of the concerned police officer or the Probation Officer in discharging his duties in filing and conducting cases properly in accordance with the provisions of this Act is noticed by the Children’s Court, the court shall immediately referthe matter, in the case of a Probation Officer, to the Deputy Director of the District Social Services Office and, in the case of a Child Affairs Police Officer or the concerned police officer, to the Superintendent of Police for taking appropriate legal action, and the concerned authorities shall be bound to intimate the concerned Children’s Court with a report relating to the action taken by them.
Subject to the provisions of this Act, no person shall be present at any sitting of a Children’s Court, except-
(a) the concerned child;
(b) the parents of the child or, in the absence of both of them, the caregiver or the authority in supervision of the child or legal or lawful guardian of the child or, as the case may be, members of the extended family;
(c) the officers and employees of the Children’s Court;
(d) the parties to the case or proceeding before the Children’s Court, the Child Affairs Police Officer or the concerned Police Officer, concerned lawyers of the case, and such other persons directly concerned in the case or proceeding including the Probation Officer; and
(e) persons specially authorized by the Children’s Court to appear or remain present.
The Children’s Court may direct the parents of the child who is produced before the Children’s Court under this Act or, in the absence of both of them, the caregiver or the authority in supervision or legal or lawful guardian or, as the case may be, members of the extended family, to appear before the court if he or they are alive and reside within a reasonable distance from the court:
Provided that if the aforesaid persons reside beyond reasonable distance, the court shall direct them to appear before it specifying a reasonable time.
(1) During the hearing of any case, if the Children’s Court thinks that it is necessary for the best interest of the child, it may direct any of the persons as mentioned in section 23, except the concerned child, to leave the courtroom and the person so directed shall be bound to leave the courtroom accordingly.
(2) If any child is called as a witness in the hearing of a case relating to any offence against decency or morality, the Children’s Court may direct the persons whom the Court thinks reasonable or proper to be withdrawn in the best interest of the child, except the concerned lawyers of the case or proceeding, the officers and employees of the Children’s Court and the Probation Officer, to leave the courtroom and, upon such direction, the concerned persons shall be bound to leave the court.
(1) To keep the child in safe custody during the trial shall be considered as a measure of last resort and it will be for the shortest possible period of time.
(2) The child kept in safe custody shall be sent for diversion within the shortest possible time.
(3) If it appears to be extremely necessary to keep the child in safe custody, the Children’s Court shall pass an order to send the concerned child to any certified institute situated within a reasonable distance from the court:
Provided that if any child is sent to any certified institute under this subsection, the child so sent must be kept separate from the older children staying in that institute.
(1) All concerned proceedings, including taking evidence of the child in contact with the law and the child in conflict with the law, shall be conducted in an easy and understandable language.
(2) If the child requires assistance for explanation of the proceedings of the court including taking of evidence in his understandable language, the court shall pass an order to provide the child with an interpreter free of cost.
(1) No photograph or description or news or report of a child, who is connected with a case or has testified as a witness before any Children’s Court, shall be disclosed or published in any print or electronic media or on the internet which may directly or indirectly lead to identification of such child.
(2) Notwithstanding anything contained in sub-section (1), if it appears to the Children’s Court that the disclosure or publication of the photograph, description, news or report of a child shall not be harmful for the interest of the child, the court may give permission for publication of the photograph, description, news or report of the concerned child.