IT Act 17
Section 17 · Intermediate custody of persons removed under section 15 or rescued under section 16
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17. Intermediate custody of1[persons] removed under section 15 or rescued under section 16.--
(1) When the special police officer removing a 2[person] under sub-section (4) of section 15 or a police
officer rescuing a 2[person] under sub-section (1) of section 16, is for any reason unable to produce him
before the appropriate magistrate as required by sub-section (5) of section 15, or before the magistrate
issuing the order under sub-section (2) of section 16, he shall forthwith produce him before the nearest
magistrate of any class, who shall pass such orders as he deems proper for his safe custody until he is
produced before the appropriate magistrate, or, as the case may be, the magistrate issuing the order:
Provided that no 2[person] shall be--
(i) detained in custody under this sub-section for a period exceeding ten days from the date of the order under this sub-section; or
(ii) restored to or placed in the custody of a person who may exercise a harmful influence over him.
(2) When the 2[person] is produced before the appropriate magistrate under sub-section (5) of section 15 or the magistrate under sub-section (2) of section 16, he shall, after giving him an opportunity of being heard, cause an inquiry to be made as to the correctness of the information received under sub-section (1) of section 16, the age, character and antecedents of the 2[person] and the suitability of his parents, guardian or husband for taking charge of him and the nature of the influence which the conditions in his home are likely to have on him if he is sent home, and, for this purpose, he may direct a probation officer appointed under the Probation of Offenders Act, 1958 (20 of 1958), to inquire into the above circumstances and into the personality of the 2[person] and the prospects of his rehabilitation.
(3) The magistrate may, while an inquiry is made into a case under sub-section (2), pass such orders as he deems proper for the safe custody of the 2[person]:
3[Provided that where a person rescued under section 16 is a child or minor, it shall be open to the magistrate to place such child or minor in any institution established or recognised under any Children Act, for the time being in force in any State for the safe custody of children:
Provided further that, no 2[person] shall be kept in custody for this purpose for a period exceeding three weeks from the date of such an order, and no 2[person] shall be kept in the custody of a person likely to have a hurmful influence over him.
(4) Where the magistrate is satisfied, after making an inquiry as required under sub-section (2),--
(a) that the information received is correct; and
(b) that he is in need of care and protection,
he may, subject to the provisions of sub-section (5), make an order that such 2[person] be detained for such period, being not less than one year and not more than three years, as may be specified in the order, in a protective home, or in such other custody as he shall, for reasons to be recorded in writing, consider suitable:
Provided that such custody shall not be that of a person or body of persons of a religious persuasion different from that of the 2[personic and that those entrusted with the custody of the 2[person] including the persons in charge of a protective home, may be required to enter into a bond which may, were necessary and feasible, contain undertakings based on directions relating to the proper care, guardianship, education, training and medical and psychiatric treatment of the 2[person] as well as supervision by a person appointed by the court, which will be in force for a period, not exceeding three years.
(5) In discharging his functions under sub-section (2), a magistrate may summon a panel of five respectable persons, three of whom shall, wherever practicable, be women, to assist him; and may, for this purpose, keep a list of experienced social welfare workers, particularly women social welfare workers, in the field of suppression of immoral traffic in 1[persons].
(6) An appeal against an order made under sub-section (4) shall lie to the Court of Session whose decision on such appeal shall be final.]
Provided that no 2[person] shall be--
(i) detained in custody under this sub-section for a period exceeding ten days from the date of the order under this sub-section; or
(ii) restored to or placed in the custody of a person who may exercise a harmful influence over him.
(2) When the 2[person] is produced before the appropriate magistrate under sub-section (5) of section 15 or the magistrate under sub-section (2) of section 16, he shall, after giving him an opportunity of being heard, cause an inquiry to be made as to the correctness of the information received under sub-section (1) of section 16, the age, character and antecedents of the 2[person] and the suitability of his parents, guardian or husband for taking charge of him and the nature of the influence which the conditions in his home are likely to have on him if he is sent home, and, for this purpose, he may direct a probation officer appointed under the Probation of Offenders Act, 1958 (20 of 1958), to inquire into the above circumstances and into the personality of the 2[person] and the prospects of his rehabilitation.
(3) The magistrate may, while an inquiry is made into a case under sub-section (2), pass such orders as he deems proper for the safe custody of the 2[person]:
3[Provided that where a person rescued under section 16 is a child or minor, it shall be open to the magistrate to place such child or minor in any institution established or recognised under any Children Act, for the time being in force in any State for the safe custody of children:
Provided further that, no 2[person] shall be kept in custody for this purpose for a period exceeding three weeks from the date of such an order, and no 2[person] shall be kept in the custody of a person likely to have a hurmful influence over him.
(4) Where the magistrate is satisfied, after making an inquiry as required under sub-section (2),--
(a) that the information received is correct; and
(b) that he is in need of care and protection,
he may, subject to the provisions of sub-section (5), make an order that such 2[person] be detained for such period, being not less than one year and not more than three years, as may be specified in the order, in a protective home, or in such other custody as he shall, for reasons to be recorded in writing, consider suitable:
Provided that such custody shall not be that of a person or body of persons of a religious persuasion different from that of the 2[personic and that those entrusted with the custody of the 2[person] including the persons in charge of a protective home, may be required to enter into a bond which may, were necessary and feasible, contain undertakings based on directions relating to the proper care, guardianship, education, training and medical and psychiatric treatment of the 2[person] as well as supervision by a person appointed by the court, which will be in force for a period, not exceeding three years.
(5) In discharging his functions under sub-section (2), a magistrate may summon a panel of five respectable persons, three of whom shall, wherever practicable, be women, to assist him; and may, for this purpose, keep a list of experienced social welfare workers, particularly women social welfare workers, in the field of suppression of immoral traffic in 1[persons].
(6) An appeal against an order made under sub-section (4) shall lie to the Court of Session whose decision on such appeal shall be final.]
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