Notwithstanding anything to the contrary contained in any other law for the time being in force, any police officer may take charge without warrant of a juvenile in conflict with law who has escaped from a special home or an observation home or from the care of a person under whom he was placed under this Act, and shall be sent back to the special home or the observation home or that person, as the case may be; and no proceeding shall be instituted in respect of the juvenile by reason of such escape, but the special home, or the observation home or the person, may, after giving the information to the Board which passed the order in respect of the juvenile, take such steps in respect of the juvenile as may be deemed necessary under the provisions of this Act.
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Comment:
ADVERTISEMENTS:
This section makes special provision in respect of juveniles who have escaped from Observation Home, Special Home or from the custody of a person. The section expects a liberal and sympathetic approach towards such juveniles.
The police officer shall take charge of such escaped juvenile without a warrant and send him back to the Home or person from where he had escaped and no proceedings shall be instituted against the juvenile relating to his escape.
But the institution or the person from whose custody the juvenile had escaped may after informing the Juvenile Justice Board, initiate appropriate measures as it or he deems necessary against such escaped juvenile.
It may be stated that escape from lawful custody is an offence punishable under Section 224 of the Indian Penal Code, but the section has no application so far Juvenile Justice Act is concerned. Therefore, the provisions of Section 22 of the Act would apply in respect of escaped juveniles.
