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the United Nations Convention on the Rights of the Child, the new Children Act 2013 was enacted and the old one was repealed.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 Children’s Court shall, within 7 (seven) working days after the conclusion of the trial, communicate the judgment in writing to the child or his parents or, in the absence of both of them, to the caregiver or the authority in supervision of the child or legal or lawful guardian or, as the case may be, members of the extended family, Probation Officer or lawyer of the child.
(2) When any child is acquitted, the Children’s Court shall communicate, directly or through the Department, Probation Officer or lawyer in the manner specified by it, the information of such acquittal to the child or his parents or, in the absence of both of them, to the caregiver or the authority in supervision or legal or lawful guardian or, as the case may be, members of the extended family.
(3) If any child is acquitted in any case under sub-section (2), and if any child in contact with the law is involved in that case, the Children’s Court shall communicate, directly or through the Department, Probation Officer or lawyer in the manner specified by it, the information of such acquittal to the child in contact with the law or to his parents or, in the absence of both of them, to the caregiver or the authority in supervision or legal or lawful guardian or, as the case may be, members of the extended family.
(1) Notwithstanding anything contained in the Code of Criminal Procedure, an appeal may lie to the High Court Division against an order passed by the Children’s Court under this Act within 60 (sixty) days from the date of the order.
(2) Notwithstanding anything contained in sub-section (1), the power of the High Court Division shall not be affected as to revision of any order passed by the Children’s Court.
(3) If any appeal is preferred or any application for revision is filed under this section, it shall be disposed of within 60 (sixty) days from the date it is preferred or, as the case may be, filed.
(1) Notwithstanding anything contained in this section, a child below the age of 9 (nine) years shall, in no circumstances, be arrested or, as the case may be, detained.
(2) Notwithstanding anything contained in any other law, no child shall be arrested or detained under any law relating to preventive detention.
(3) After arrest of a child, the police officer who arrests the child shall immediately inform the Child Affairs Police Officer the causes and place of arrest and subject matter of the allegation etc. and, after primary determination of his age, shall record it in the file:
Provided that no child shall be hand-cuffed or tied up with rope or cord around the waist.
(4) For the purpose of determination of age under sub-section (3), the police officer shall record his age by finding out and verifying the birthregistration certificate or, in absence of such certificate, the relevant documents including the school certificate or the date of birth given at the time of school admission:
Provided that where it appears to the police officer that the concerned person is a child but, despite all possible attempts, it is not possible to be confirmed through any documentary evidence, the said person shall in that case be considered as a child under the provisions of this Act.
(5) If there is no safe place appropriate for a child in the concerned police station, steps shall be taken to detain the child in a Safe Home after arrest until his production before the court:
Provided that in case of detaining the child in a Safe Home, he shall not be kept together with the adults or any child who has already been found guilty or offender and with any child in contact with law.
(1) If any child, after arrest, is brought to the police station by the officer who makes such arrest, the Child Affairs Police Officer shall, without prejudice the provisions of Chapter IV and in a manner prescribed by rules, inform
(a) 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;
(b) the Probation Officer; and
(c) the nearest Board, if necessary; about such arrest.
(2) If it is not possible to inform the parents of the child 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 and the Probation Officer or, as the case may be, the Board according to the provision of sub-section (1), the Child Affairs Police Officer shall submit a report to the court stating the reasons for not complying with the said provision, on the first date of producing the concerned child before the court.
(1) The Child Affairs Police Officer shall record the statements of the child in presence of the parents of the child 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 and the Probation Officer or the Social Worker.
(2) Considering the nature of allegation brought against the child and his mental and socio-economic condition, the Child Affairs Police Officer may-
(a) release the child after warning in writing or verbally, in presence of the parents of the child 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, and the Probation Officer or the Social Worker, which shall not be regarded as a record against the child; or
(b) send him for diversion.
(1) For the purposes of this Act, after the arrest or detention of a child in conflict with the law, diversion may be undertaken at any stage of the proceedings instead of formal trial, considering the familial, social, cultural, financial, ethnic, psychological and educational background of the child in order to ensure the best interest of the child or for the purpose of resolving the dispute.
(2) Notwithstanding anything contained in the Code of Criminal Procedure or any other law for the time being in force, the Child Affairs Police Officer or the Children’s Court, as the case may be, at any stage of the proceedings after the arrest of the child, may send the matter to the Probation Officer for diversion in order to resolve the dispute in an alternative way instead of formal trial.
(3) If diversion is undertaken under sub-section (2), the Probation Officer shall monitor as to whether the concerned child, the parents of the child 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, are complying with the conditions of diversion, and shall report the matter, from time to time, to the Child Affairs Police Officer or, as the case may be, to the Children’s Court.
(4) If the concerned child, the parents of the child 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, violates any condition of diversion, the Probation Officer shall immediately inform the Child Affairs Police Officer or the Children’s Court, as the case may be, of the matter in writing.
(5) The process and procedure of taking diversion shall be prescribed by rules.
(6) For the purposes of this section, the Department may undertake appropriate, time-befitting and implementable programmes for the implementation of diversion.
(1) The diversion shall be initiated and completed within the time specified by the Children’s Court or the Child Affairs Police Officer, as the case may be, under the provisions of this Act or the rules made thereunder.
(2) If the child charged with an offence responds positively to adopt diversionary measures, the diversion may be concluded before the specified time.
(1) Upon receiving the report from the Probation Officer under the provisions of this Act or otherwise, if it appears to the Children’s Court or the Child Affairs Police Officer, as the case may be, that the child, the parents of the child 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, have violated the conditions of diversion or failed to comply with any order relating to diversion, the Children’s Court or the Child Affairs Police Officer, as the case may be, may, after verifying the matter in the manner prescribed by rules,-
(a) pass a similar order with different condition;
(b) issue warrant for the arrest of the child;
(c) send a written notice to the child for appearing before the Children’s Court or the police station;
(d) send the case record to the Public Prosecutor for initiating trial process against the concerned child;
(e) pass an order to send the child to a certified institute; or
(f) pass any other order under this Act.
(1) Notwithstanding anything contained to the contrary in any other law for the time being in force, including the Code of Criminal Procedure or in any other provision of this Act, after the arrest of any child, if it is not possible to release the child or send him to diversion, or to produce before the court forthwith according to the provisions of this Act, the Child Affairs Police Officer may release the child on bail, with or without any condition and surety, to the custody 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 the Probation Officer.
(2) In case of releasing any child on bail under sub-section (1), the Child Affairs Police Officer need not to consider whether the concerned offence is bailable or non-bailable.
(3) Notwithstanding anything contained in sub-section (2), if the offence is of severe or heinous in nature, or if the child’s release on bail is contrary to the best interest of the child, or if there is apprehension that upon release on bail the child may come in contact with any notorious criminal or be exposed to moral risks, or that the purpose of justice may be affected if bail is granted, the Child Affairs Police Officer shall not grant bail or release the child concerned.
(4) If the child arrested is not released under sub-section (3), the Child Affairs Police Officer shall, after the arrest, make arrangement for producing the concerned child before the nearest Children’s Court within 24 (twenty four) hours excluding the required time of travel.
(5) If a child, who has not been released on bail from the police station, is produced before the Children’s Court, the Children’s Court may release him on bail or pass an order to detain him in a Safe Home or Child Development Centre.
Where any person has a reason to believe that any child is a victim of any criminal incident or a witness to any crime, he shall inform the matter to the Child Affairs Police Officer, the Probation Officer or the Social Worker and, in such a case, the concerned Child Affairs Police Officer, the Probation Officer or the Social Worker shall take necessary measures regarding the overall security of the child.