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the United Nations Convention on the Rights of the Child, the new Children Act 2013 was enacted and the old one was repealed.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
If any person takes any article on pledge from a child, whether offered by the child on his own behalf or on behalf of any person, the person shall be deemed to have committed an offence under this Act and, for such offence, shall be punished with imprisonment for a term which may extend to 1 (one) year, or with fine which may extend to Taka 25 (twenty five) thousand, or with both.
(1) No child over the age of 4 (four) years shall be allowed or permitted to reside in or to go to a brothel:
Provided that after completion of 4 (four) years of age, the concerned authority shall, upon considering the child a disadvantaged child, send him to the Department or its nearest office to take necessary measures under section 84 or 85, as the case may be.
(2) If any person contravenes the provision of sub-section (1), 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 2 (two) years, or with fine which may extend to Taka 50 (fifty) thousand, or with both.
(1) If any person having the actual charge or supervision of a child leads the child to seduction, or induces the child to prostitution or encourages for doing so, or causes or encourages any person other than her husband to have sexual intercourse with her, 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.
(2) On the basis of a complaint made by any person, if it appears to the court that any child with or beyond the knowledge 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 is being led to seduction, or exposed to the risk of engaging in prostitution, then the court may direct the concerned parents, the caregiver or the authority in supervision or legal or lawful guardian or, as the case may be, members of the extended family to execute a bond for the purpose of taking due care and keeping supervision of such child.
(1) If any person uses any child to carry or transport fire arms or illegal and banned stuff, the person involved 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.
(2) Any person, whether he has actual charge or supervision of a child or not, engages or uses any child in any terrorist activity mentioned in section 6 of the Anti-terrorism Act, 2009 (Act No. XVI of 2009), the person shall be deemed to have committed such terrorist activity by himself and shall, for such offence, be punished with the penalties provided for the offence in the section.
(1) If any person entrusted with the custody or care of, or with the duty of rearing, a child by the Children’s Court, or any other person secures a child ostensibly to employ as a servant or to employ the child in a factory or in other establishments in accordance with the provisions of the Labour Act, 2006, but in fact exploits the child for his own interest, or keeps him detained or enjoys his earnings, such acts shall be deemed to be an offence under this Act and, for such offence, the person involved 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.
(2) If any person entrusted with the custody or care of, or with the duty of rearing, a child by the Children’s Court, or any other person secures a child ostensibly to employ as a servant or to employ in a factory or in other establishments in accordance with the provisions of the Labour Act, 2006, but in fact leads the child to seduction or exposes the child to the risk of engaging in prostitution or immoral activities, such acts shall be deemed to be an offence under this Act and, for such offence, the person involved shall 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.
(3) If any person avails himself of result of the labour of a child exploited or employed in the manner referred to in sub-section (1) or (2), or uses such child for his immoral gratification, the person shall be liable to be an abettor of the relevant offence.
(1) No report, photo or information relating to any case under trial or judicial proceedings under this Act shall be published in print or electronic media or on the internet which is against the interest of the child and by which the child may be identified directly or indirectly.
(2) If any person contravenes the provision of sub-section (1), 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.
(3) If any company, association, organization or institution contravenes the provision of sub-section (1), the concerned company, association, organization or institution may be subject to a fine which may extend to Taka 2 (two) lac including suspension of its registration for not more than 2 (two) months.
If any person knowingly, directly or indirectly,-
(a) assists or induces a child to escape from any certified institute or Safe Home or from the supervision of the person responsible for Diversion; or
(b) after such escaping shelters, hides or creates obstruction or assists to create obstruction for returning the child to that place or the person, 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 discloses any information relating to any child in the proceedings of any case under this Act in any court which is false, vexatious or frivolous in nature, the court, subject to necessary investigation, may, for reasons to be recorded in writing, direct the person giving the concerned information to pay compensation of any amount of money exceeding Taka 25 (twenty five) thousand in favour of the person against whom that information has been given, and may, for the default to pay the compensation, be punished with a simple imprisonment for a term which may extend to 6 (six) months:
Provided that before giving the order to pay compensation, a notice shall be given to the informant to show cause as to why he should not be ordered to pay the compensation, and if any cause is shown by the informant, it shall be taken into consideration.
(1) For the purposes of this Act, the following children shall be considered as disadvantaged children, namely:-
(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 or harassment;
(g) the child staying with or going usually to the residence or workplace of any person or offender engaged in prostitution or anti-social or seditious activities;
(h) the child disabled of any type;
(i) the child with unnatural behavioural 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 the risk of entering into the criminal world;
(k) the child residing in slum;
(l) the homeless child residing on the street;
(m) the effeminate child (hijra);
(n) the gypsy and the 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.
(2) The Government may take necessary measures in the manner prescribed by rules for the purposes of ensuring special protection, care and development of the disadvantaged children.