Law: Bombay Children Act (XIII of 1924)

Section: S. 22

Bombay Children Act (XIII of 1924), S. 22-Child of 14 years or upwards-Can be committed to prison if Court certifies that he is very unruly and depraved and cannot be dealt with legally in any other suitable way-Child above age of 14 years-Sent to Remand Home on 15 occasions previously-Ordered to be committed to the care of parent, guardian or any adult person willing to furnish a bond for good behaviour of child.   Under section 22 of the Bombay Children Act, 1924 no child can be committed to prison. The proviso to the section, however makes it clear that under certain circumstances a child can b committed to prison when the Court certifies that he is so unruly or so depraved a character that he is not a fit person to be sent t a certified school and that he cannot be dealt with legally in an other suitable way. However an intelligent child above the age o 14 years and who had been in the Remand Home on 15 occasion previously for different offences mostly of theft was given on more chance to reform himself and was ordered to be committee to the care of his parent, guardian or any other adult person willing to take care of the child on such person executing a bone for his responsibility for the good behaviour of the child in the sum of Rs. 5,000.     JUDGMENT   These are two Criminal Revisions by one Usman alias Subhat He has been convicted by the learned Additional City Magistrate and President, Juvenile Court, Karachi for having committed thefts on two occasions' namely, on 3rd of September 1959, and on 11 of December 1959, In both the cases the applicant committed theft by pick-pocketing. Mr. Rafeeq Ahmad, the learned Advo cate for the applicant confined his contention to the question of sentence only. The applicant has been convicted in both the Revision applications to undergo 2 years' simple imprisonment under section 27 (1) (h) of tae Bombay Children Act, 1924.   2. Mr. Rafeeq Ahmad Contended that under section 22 of the Bombay Children Act, 1924 the applicant should not have been committed to prison by the learned Magistrate In order to appreciate the contention o f Mr. Rafeeq Ahmad it would be useful to reproduce…