Police should not arrest any children under section 54, 55 of The Code of Criminal Procedure (CrPC) while Children Act, 2013 is in effect, says a HC notice signed by its Registrar Abu Syed Diljar Hussain.
Section 44(1) of the Children Act, 2013 says, children under the age of nine cannot be arrested or confined. As per section 44(3) of the act, after arresting a minor the police officials will immediately inform the official concerned of Children Desk to look into the matter and meanwhile the officials will determine the minors age primarily and record it.
The concerned official of the Children Desk at the police station will have to immediately inform the matter to the detained minor’s parents or legal guardians, according to the notice.
Special Committee for Child Rights of the High Court has been requested to take immediate and effective actions if police arrest and produce a minor before court without complying with the provisions of Children Act, 2013, the notice added.
In a letter dated November 29, the HC has asked all the children courts to send information about the number and the nature of the cases pending before them, within seven working days after receiving the letter.