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the United Nations Convention on the Rights of the Child, the new Children Act 2013 was enacted and the old one was repealed.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) Notwithstanding anything contained in the Code of Criminal Procedure including this Act or in any other law for the time being in force, the Children’s Court may release a child produced before it on bail, with or without surety, whether the offence is bailable or not, unless the case of the concerned child is dealt with diversion.
(2) The bail may be granted, with or without surety, on the bond by the concerned child or by the parents 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, Probation Officer or any institute or organization whom or which the Children’s Court shall consider appropriate.
(3) If the bail is not granted under sub-sections (1) and (2), the Children’s Court shall record the reasons for the refusal of such bail.
For the purpose of passing any order under this Act, the Children’s Court shall consider the following factors, 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’s 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; and
(j) other ancillary factors which are expedient or necessary to be taken into consideration for correction and in the best interest of the child.
(1) Within 21 (twenty one) days of production of the child before the Children’s Court, the Probation Officer shall, in such manner as may be prescribed by rules, submit a social inquiry report to the Children’s Court and send a copy thereof to the nearest Board and the Department.
(2) Upon completion of local inquiry, the social inquiry report mentioned in sub-section (1) shall contain the description of the familial, social, cultural, financial, psychological, ethnic and educational qualification and background of the child, and the condition and locality in which he lives and under which circumstances the offence has been committed.
(3) All reports related to the child including the social inquiry report of the Probation Officer shall be deemed to be confidential.
(1) Notwithstanding anything to the contrary contained in any other law, no child shall be sentenced to death, imprisonment for life or imprisonment:
Provided that when a child is found to have committed such a serious offence for which the detention provided under the Act is, in the opinion of the court, not sufficient or if the court is satisfied that the child is so unruly or of such depraved character that he cannot be committed to any certified institute and that none of the other methods in which the case may legally be dealt with is suitable, the Children’s Court may sentence the child to imprisonment and may order him to be sent to prison:
Provided further that the period of imprisonment shall not exceed the maximum period provided for the offence committed by him:
Provided further that during the period of such imprisonment the court may at any time, if it thinks fit, direct that in lieu of such imprisonment, the child shall be detained in a certified institute until he attains the age of 18 (eighteen) years.
(2) The child sentenced to imprisonment under the proviso to sub-section (1) shall not be allowed to associate with adult offenders in the prison.
(1) Where a child is found guilty of an offence punishable with death or imprisonment for life, the Children’s Court may order him to be detained in a Child Development Centre for a period not exceeding 10 (ten) years but not less than 3 (three) years:
Provided that if any child is found guilty of an offence not punishable with death or imprisonment for life, the Children’s Court may order him to be detained in a Child Development Centre for a period not exceeding 3 (three) years.
(2) Notwithstanding anything to the contrary contained in the order of the Children’s Court or in any other law for the time being in force, if there are positive and significant changes in the behaviour, character or personality of the child who is ordered to be detained and if the child is not charged for murder, rape, robbery, dacoity, drugs-dealing or any other heinous, hateful or serious offences, the authority of the Child Development Centre or the certified institute may, for the purposes of taking measures to release the child immediately upon his attaining the age of 18 (eighteen) years, send recommendation to the Government at least 3 (three) months before the child attains the age of 18 (eighteen) years.
(3) If the child, charged with an offence of murder, rape, robbery, dacoity or drug-dealings or any other serious offence, attains the age of 18 (eighteen) years and the case is still under trial, or where the child, ordered by a court to be detained in connection with cases of such offences, attains the age of 18 (eighteen) years, the authority of the Child Development Centre or any certified institute shall, with approval of the Children’s Court, send the concerned person to the central or district jail immediately.
(4) The prison authority shall make arrangement for keeping the person sent under sub-section (3) in a separate ward by separating him from the accused persons staying in the jail who are convicted or under trial under any other law, where the concerned person shall stay for the period of his detention or, as the case may be, for the remaining period of his detention.
(5) Where the trial concludes after the child has attained the age of 18 (eighteen) years and the child is ordered to be detained, the Children’s Court shall send the child directly to the central or district jail.
(6) Notwithstanding anything contained contrary in this section, the Children’s Court may, if it thinks fit, instead of directing any child to be detained in a Child Development Centre under sub-section (1), order him to be discharged after due admonition or released on probation subject to good conduct.
(7) While releasing the child on probation under sub-section (6), the Children’s Court may order him to be placed under the supervision of a Probation Officer or may commit him to the care of his parents 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 or other competent person:
Provided that if any child is committed to the care of his parents 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, the concerned person shall execute a bond, with or without surety or in any other manner as the court may require, committing himself to be responsible for the good conduct of the child for any period not exceeding 3 (three) years.
(8) If it appears to the court upon the report received from the Probation Officer or otherwise that the child released on probation has not been of good conduct during the period of his probation, it may, after making such inquiry as it deems fit, order the child to be detained in a certified institute for the remaining probation period.
(1) The Children’s Court shall mention in every order the provision of periodic review of that order, by which the Children’s Court may review any order passed by it, and may release the child with or without condition.
(2) The Government may, at any time, upon consideration of the recommendations received under sub-section (2) of section 34, order to release any child detained from the Child Development Centre or certified institute with or without condition as may be specified by it or may refer the matter to the National Child Welfare Board for its recommendation on the concerned issue.
(1) Notwithstanding anything to the contrary contained in the Penal Code, the Children’s Court, when passing any order, apart from the terminologies used in this Act, shall not use the terms ‘offender’, ‘convicted’ or ‘sentenced' as used in the Penal Code.
(2) For the purpose of sub-section (1), in the case of children, the Children’s Court shall, instead of the terms ‘offender’, ‘convicted’ or ‘sentenced’, use ‘a person found guilty of an offence’, ‘finding guilty’ or ‘an order of finding guilty’, as the case may be, and such other synonyms of these words as the court deems appropriate.
(1) If any child, in the opinion of the Children’s Court, commits an offence of lesser gravity, the court may direct the Probation Officer to take steps to resolve the dispute between the victim and the child who committed the offence, and in that case the provisions of section 49 shall apply, mutatis mutandis.
(2) The Probation Officer shall, according to such conditions and procedures as may be specified by the Children’s Court and through the participation of appropriate persons of society, determine the rules of procedures for resolving the dispute and shall accordingly resolve the dispute between the victim and the child who committed the offence, and shall inform the Children’s Court about this as soon as possible.
(3) Upon receipt of information under sub-section (2), the Children’s Court shall make necessary order on the matter and issue direction as to what needs to be done, if any, in this regard, and inform the Department about this.
(4) If any direction is issued under sub-section (3), the Department shall, upon taking necessary measures according to the said direction, inform the court about the progress.
(1) If any accused is found guilty of an offence committed against any child victim, the Children’s Court may, upon a request by that child or his parents 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, Probation Officer, lawyer or Public Prosecutor or on its own motion, order the accused to provide appropriate compensation for the purpose of restoring the child to its previous position.
(2) If any order of compensation is made under sub-section (1), the Children’s Court shall include therein necessary guidelines for the payment of compensation in full or by installments through the court within the period specified in the order and a direction about its use for the welfare of the child.
(1) Where the person found guilty of any offence against a child is himself a child, and if the Children’s Court passes an order of compensation to be paid to the child victim, the Children’s Court shall specify in that order that the compensation shall be paid by the parents of the child found guilty 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, if-
(a) the parents, the caregiver or the authority in supervision or legal or lawful guardian or members of the extended family of the child are found;
(b) the parents, the caregiver or the authority in supervision or legal or lawful guardian or members of the extended family are financially solvent to pay the compensation; and
(c) the parents, the caregiver or the authority in supervision or legal or lawful guardian or members of the extended family instigated the commission of the offence by neglecting to exercise due care and upbringing of the child.
(2) The court may, where applicable, direct the Probation Officer to collect necessary information for the purpose of passing order under this section.
(3) For the failure to pay the compensation by the parents of the child, the caregiver or the authority in supervision or legal or lawful guardian or members of the extended family, the child shall not be awarded imprisonment.