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the United Nations Convention on the Rights of the Child, the new Children Act 2013 was enacted and the old one was repealed.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) At all stages of the judicial proceedings, due respect for dignity of the child, surrounding conditions, age, sex, incapacity and maturity of the child in contact with the law shall be taken into consideration.
(2) The child in contact with the law shall be interviewed by the Child Affairs Police Officer in a special and child-friendly environment:
Provided that in case of a female child, the interview shall be taken by a female police officer 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 among whose presence the child agrees or feels comfortable to give interview.
(3) Considering the best interest of the child in contact with the law, the Children’s Court may pass order for taking any one or more of the following steps in order to ensure the protection and confidentiality of the child, namely:-
(a) to maintain confidentiality regarding all information about the child in contact with the law involved in the judicial proceedings, and not to make public any such information by which the concerned child may be identified;
(b) to take initiative to conceal the photograph and physical description of the child testifying as witness or, for the purpose of preventing any harm to the child, to examine the child through any of the following means, subject to availability:
(i) behind the curtain;
(ii) through video recorded evidence of the child-witness before hearing but, in that case, the defence lawyer shall be given the opportunity to remain present and to cross-examine the concerned child at the time of taking evidence;
(iii) through a qualified and competent mediator;
(iv) by conducting a camera trial session; or
(v) by video linkage system, if introduced;
(c) if the child declines to give testimony in presence of the accused, or if it appears that the child may be obstructed by the presence of that person to speak the truth, to order the accused for leaving the courtroom under the custody of police for the time being, provided, in such case, the defence lawyer shall be given the opportunity of being present in the courtroom and to examine the child;
(d) to allow interval while taking evidence of the child;
(e) to fix the schedule of hearing at such day and time suitable for the age and maturity of the child; and
(f) to provide necessary security for the child along with his guardians during, before and after giving testimony as a witness or victim; or
(g) to adopt any other means as the court may think fit, considering the best interest of the child and the rights of the accused.
(4) Notwithstanding anything contained in sub-section (3), for ensuring the protection of the child, the Children’s Court may, considering the best interest of the child in contact with the law, order to resolve the dispute through diversion by determining the procedure.
(1) No court shall proceed with its trial in any case without legal representation on behalf of the child in conflict with the law and the child in contact with the law.
(2) The child shall preserve the right to convey necessary opinion to his legal representative in his own language and, where applicable, with the help of an interpreter.
(3) If no lawyer is appointed by the parents of the child or, in the absence of both of them, by 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 child has no parent or caregiver or authority in supervision or legal or lawful guardian or, as the case may be, members of the extended family, or if they do not have the financial capacity to appoint a lawyer, the Children’s Court, according to the Legal Aid Act, 2000 and the rules, regulations and policy made thereunder, shall take appropriate measures in order to engage a competent lawyer from amongst the enrolled or panel lawyers of the District Legal Aid Committee or, as the case may be, the Supreme Court to conduct the proceedings of the case.
(1) The lawyer appointed on behalf of the child under sub-section (3) of section 55 shall mandatorily remain present in every hearing of the concerned case and, if he is unable for any reasonable cause to conduct the case, shall, by reasonable time, inform the matter in writing, with the cause of such inability, to the concerned court through his representative or 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 or Probation Officer.
(2) If any lawyer informs the court under sub-section (1) about his inability to conduct the case, the hearing of the concerned case shall remain adjourned until a new lawyer is appointed:
Provided that the District Legal Aid Committee of the concerned district shall in no way take more than 30 (thirty) days in appointing a new lawyer.
(3) If a lawyer is appointed on behalf of the child by the parents of the child and, 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 lawyer shall mandatorily remain present in every hearing of the concerned case:
Provided that the concerned lawyer, if necessary, may, for any reasonable ground, subject to permission of the Children’s Court, seek exemption from the hearing of the case.
At any stage of the trial, if it appears that the child in contact with the law or, as the case may be, the child in conflict with the law is susceptible to any harm, the authority in supervision of the child shall undertake the following safety measures for that child, namely:-
(a) to avoid direct contact of the concerned child with the accused person;
(b) to provide security of the concerned child through the police or other agency, and to keep secret the where-about 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.
If any person assaults, ill-treats, neglects or forsakes any child under his custody, charge or care, or leaves him unprotected, uses him for personal service, or exposes him in an indecent way, and if such assault, ill-treatment, negligence, forsaking, abandonment, use in personal service or exposure causes unnecessary sufferings to the child or creates such an injury to his health that leads to loss of his eyesight or hearing or causes injury to any limb or organ of his body and causes any mental derangement, the person shall be deemed to have committed an offence under this Act and shall, for such offence, be punished with imprisonment for a term which may extend to 5 (five) years, or with fine which may extend to Taka 1 (one) lac, or with both.
If any person employs any child for the purpose of begging or causes any child to beg, or if any person having the custody, supervision or care of a child indulges or encourages his employment for the purpose of begging, or gives him away for begging, the person shall be deemed to have committed an offence under this Act and shall, for such offence, be punished with imprisonment for a term which may extend to 5 (five) years, or with fine which may extend to Taka 1 (one) lac, or with both.
If any person is found drunk in any public place while having the charge of a child, and for this reason if such person is incapable of taking due care of the child, the person shall be deemed to have committed an offence under this Act and shall, for such offence, be punished with imprisonment for a term which may extend to 1 (one) year or with fine which may extend to Taka 50 (fifty) thousand, or with both.
If any person, due to illness or any other urgent cause, gives or causes to be given intoxicating drug or dangerous drug to a child without advice of a duly qualified medical practitioner, the person shall be deemed to have committed an offence under this Act and shall, for such offence, be punished with imprisonment for a term which may extend to 3 (three) years or with fine which may extend to Taka 1 (one) lac, or with both.
If any person takes a child to any place where intoxicant or dangerous drugs are sold, or the proprietor, owner or any person in charge of such place permits a child to enter such place, or if any person causes a child to go to such place, the person shall be punished with imprisonment for a term which may extend to 3 (three) years, or with fine which may extend to Taka 1 (one) lac, or with both.
If any person orally or in writing or by any sign or otherwise incites or attempts to incite a child to make any bet or wager or to enter into or take any share in any betting or wagering transaction, or by such means incites a child to borrow money or to enter into any transaction of borrowing money, the person shall be punished with imprisonment for a term which may extend to 2 (two) years, or with fine which may extend to Taka 50 (fifty) thousand, or with both.