HC annoyed over underage children’s arrest under Section 54, 55
3 December 2016, Nirapad News: The High Court today expressing annoyance over a trend in arresting under-age people on the basis of suspicion defying the Children Act, 2013 and issued an order asking police to follow the law in dealing with children.
“Special Committee for Child Rights of the High Court has noticed occasionally arresting of children under section 54, 55 of The Code of Criminal Procedure, 1898, by the police although Children Act, 2013 is in effect,” read the High Court order issued in the form of a notice, signed by the court’s registrar Abu Syed Diljar Hussain.
It reminded police that section 44(1) of the Children Act, 2013, debarred police from arresting children below nine years and keep them confined.
On the other hand, it said as per section 44(2) of the act, after arresting children the police official must immediately inform the official concerned to look into matters relating the reason of arrest, place and allegations against them and would determine his age primarily and record it.
Even if, the notice said, a child is arrested under any particular allegation, the official concerned to children desk in the police station is obligated to inform the matter to the child’s parents and probation officer and will take initiative to determine his age.
“In spite of the provisions like these, if police arrests a child under section 54, 55 of the CrPC and produce him before court, the children court in that case has been requested to take rapid and effective actions in line with provisions of Children Act, 2013,” the notice added.
Under the Section 54, police can arrest someone on the basis of suspicion without any specific charge while the Section 55 allows police to arrest one considering him as a vagabond or habitual miscreant.
Under a simultaneous order the High Court also asked all the children courts to send information about the nature of cases pending before them, number of victims and accused and number of cases.
In a letter dated November 29, the HC has asked them to send the information within seven working days after receiving the letter.