The Children Act, 2013 is the principal legislation in Bangladesh concerning the protection, care, and juvenile justice of children. It applies to all children — defined as persons under the age of eighteen — who are in conflict with the law, in need of care and protection, or otherwise requiring state intervention. The Act repeals and replaces the earlier Children Act of 1974. Its key mechanisms include the establishment of separate juvenile courts (Child Welfare Boards at the district level), a child-friendly arrest and trial procedure that prohibits handcuffing and public trial, the classification of offences into petty and serious categories with different dispositional outcomes, and the creation of safe custody homes and correctional institutions. The Act places a strong emphasis on diversion and rehabilitation over punitive measures — a child found guilty of a petty offence may be released on probation or sent to a correctional home rather than imprisoned. It also regulates adoption procedures, the role of probation officers, and the establishment of a National Child Protection Authority. Notable provisions include the prohibition of the death sentence and life imprisonment for children, the requirement that cases involving children be disposed of within 360 days, and the restriction on publishing the identity of a child involved in legal proceedings. The Act is currently in force and is the primary legislation governing child protection and juvenile justice in Bangladesh.
Full text · showing key sections
§ 1Short title and commencement
(1)This Act may be called the Children Act, 2013.
(2)It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.
§ 2Definitions
In this Act, unless there is anything repugnant in the subject or context—
(1)"Department" means the Department of Social Services;
(2)"Board" means the National Child Welfare Board, District Child Welfare Board or Upazila Child Welfare Board, as the case may be;
(3)"Child" means a person who has not attained the age of eighteen years;
(4)"Child in conflict with the law" means a child who is accused of or found to have committed an offence;
(5)"Child in contact with the law" means a child who is a victim of an offence or a witness to an offence.
§ 3Act to override other laws
Notwithstanding anything contained in any other law for the time being in force, the provisions of this Act shall have effect.
§ 4Child
For the purposes of this Act, a person who has not completed the age of eighteen years shall be considered a child, regardless of any different provision in any other existing law.
§ 5Probation Officer
(1)The Government shall appoint a Probation Officer for each district, upazila, or city corporation area, as the case may be, for the purpose of performing duties under this Act.
§ 6Duties and functions of Probation Officer
The duties and functions of a Probation Officer shall be as follows: (a) to submit social investigation reports; (b) to supervise children placed under alternative care; (c) to provide assistance to the Children Courts; (d) to maintain liaison with other relevant agencies.
§ 7National Child Welfare Board and its functions
(1)There shall be a National Child Welfare Board consisting of the following members for the purposes of this Act.
§ 8District Child Welfare Board and its functions
(1)There shall be a District Child Welfare Board in every district for the purposes of this Act.
§ 9Upazila Child Welfare Board and its functions
(1)There shall be an Upazila Child Welfare Board in every upazila for the purposes of this Act.
§ 10Term of nominated members of the Board, etc.
(1)The term of office of the nominated members of the National Child Welfare Board, District Child Welfare Board and Upazila Child Welfare Board shall be determined by the Government.
§ 11Meeting of the Board
(1)Subject to the other provisions of this section, the Board shall determine its own procedure for conducting meetings.
§ 12Advisor of the District and Upazila Child Welfare Board
(1)A Member of Parliament from the respective district nominated by the Speaker of the National Parliament shall be the advisor of the District Child Welfare Board.
§ 13Child Desk
(1)The Ministry of Home Affairs shall establish a Child Desk at every police station, to be operated by an officer not below the rank of Sub-Inspector.
§ 14Duties and functions of the Child Affairs Police Officer
The duties and functions of the Child Affairs Police Officer shall be as follows: (a) to handle all matters relating to children at the police station; (b) to coordinate with the Probation Officer; (c) to ensure child-friendly procedures.
§ 15Police report or investigation report
(1)Notwithstanding anything contained in the Code of Criminal Procedure or any other law for the time being in force, the investigation report shall be submitted within the prescribed time limit.
§ 15ATransfer or sending of case for trial
After taking cognizance of an offence, the case shall be prepared for trial and sent to the appropriate court.
§ 16Children Court
(1)The trial of any offence committed by a child in conflict with the law shall be conducted by the Children Court established under this Act.
§ 17Sittings and powers of the Children Court
(1)The Children Court shall hold its sittings at such place, on such days and in such manner as may be prescribed by the rules.
§ 18Powers of the Children Court
The Children Court may exercise all such powers and perform all such functions as a Court of Session may exercise and perform.
§ 19Environment and facilities of the Children Court
(1)The type, decoration and seating arrangement of the courtroom shall be as prescribed by the rules.
(2)The Children Court shall ensure a child-friendly environment.
§ 20Relevant date for determination of age of the child
Notwithstanding anything contained in any other law for the time being in force, or in any judgment or order of a court, the date of occurrence of the alleged offence shall be the relevant date for determining the age of a child.
§ 21Estimation and determination of age
(1)Whether accused or not, where a child is charged with an offence or is brought before the court, the court shall make an inquiry as to the age of the child and shall record a finding on the matter.
§ 22Participation of the child in the trial process
(1)The child concerned shall have the right to participate in person at all stages of the trial process.
§ 23Persons permitted to be present at the Children Court sittings
Subject to the provisions of this Act, no person other than the following shall be present at a sitting of the Children Court.
§ 24Presence of parents or guardian of the accused child in the Children Court
The parents or, in their absence, the guardian having the care and custody of a child produced before the Children Court under this Act shall be present at the proceedings.
§ 25Removal of persons other than the child from the Children Court
(1)The Children Court may, if it deems necessary, order that all persons other than the child and such other persons as are directly concerned with the case shall withdraw from the courtroom during the hearing of any case in the best interest of the child.
§ 26Placement of child in safe custody
(1)Placement of a child in safe custody shall be considered as a measure of last resort.
§ 27Language, interpreter and other special assistance measures
(1)The court shall ensure that a child in contact with the law or a child in conflict with the law is provided with appropriate language assistance, including an interpreter, for taking evidence.
§ 28Confidentiality of proceedings of the Children Court
(1)No photograph of any child involved in a case pending before the Children Court or giving evidence shall be published or broadcast in any form.
§ 29Release of child in conflict with the law on bail by the Children Court
(1)Notwithstanding anything contained in the Code of Criminal Procedure or any other law for the time being in force, a child in conflict with the law shall be released on bail unless there are reasonable grounds to believe that the release is likely to bring the child into association with criminals or expose the child to moral or physical danger.
§ 30Matters to be considered by the Children Court when making an order
In making any order under this Act, the Children Court shall consider the following matters: (a) the best interest of the child; (b) the views of the child; (c) the social investigation report; (d) the gravity of the offence.
§ 31Social investigation report
(1)A social investigation report on a child in conflict with the law shall be submitted to the court within twenty-one days of the child being produced before the court.
§ 32Time limit for completion of trial
(1)Notwithstanding anything contained in the Code of Criminal Procedure or any other law for the time being in force, the trial of a child in conflict with the law shall be completed within the prescribed time.
§ 33Restrictions on imposition of certain types of punishment on children
(1)Notwithstanding anything contained in any other law, no child shall be sentenced to death, imprisonment for life or imprisonment for a term exceeding the prescribed limit.
§ 34Detention order, etc., made by the Children Court
(1)Where a child is found guilty of an offence punishable with death or imprisonment for life, the Children Court may, if it deems fit, order the child to be detained in a child development centre.
§ 35Periodic review and release
(1)Every order of the Children Court shall provide for periodic review and the child may be released on the recommendation of the review committee.
§ 36Use of terminology in making orders
(1)Notwithstanding anything contained in the Penal Code, in making any order under this Act, the Children Court shall use such terminology as may be prescribed by the rules.
§ 37Dispute resolution
(1)Where a child commits a minor offence, the Children Court may, in its discretion, refer the matter to dispute resolution.
§ 38Payment of compensation
(1)Where a child in conflict with the law is found guilty of an offence against a child victim, the court may order the child or the parents or guardian of the child to pay compensation to the victim.
§ 39Order for payment of compensation on parents
(1)Where a child is found guilty of an offence against a child victim, the court may, if it deems fit, order the parents or guardian of the child to pay compensation to the victim.
§ 40Information regarding trial result and release
(1)Within seven working days after the completion of the trial process, the Children Court shall provide information regarding the result of the trial and the release of the child.
§ 41Appeal and review
(1)Notwithstanding anything contained in the Code of Criminal Procedure, an appeal against any order of the Children Court under this Act shall lie to the Court of Session.
§ 42Applicability of the provisions of the Code of Criminal Procedure
(1)The provisions of the Code of Criminal Procedure shall apply to all proceedings under this Act in so far as they are not inconsistent with the provisions of this Act or any rules made thereunder.
§ 43Removal of disqualification for conviction, etc.
Notwithstanding anything contained in any other law, a child convicted of an offence under this Act or any other law shall not suffer any disqualification or be rendered incapable of holding any office or employment.
§ 44Arrest, etc.
(1)A child below the age of nine years shall not be arrested or detained for any offence.
§ 45Informing parents and Probation Officer
(1)After the arrest of a child, the arresting officer shall bring the child to the police station and shall immediately inform the parents or guardian and the Probation Officer.
§ 46Investigation
The investigation of an offence under this Act shall be conducted in accordance with the provisions of this Act and the rules made thereunder.
§ 47Statement, caution and release
(1)A child may be released on a caution or warning by the Child Affairs Police Officer in the presence of the parents or guardian.
§ 48Diversion
(1)For the purposes of this Act, a child in conflict with the law may be diverted from the formal criminal justice system at any stage before or after arrest or detention.
§ 49Family conference
(1)Where diversion is adopted under section 48, the Probation Officer shall arrange a family conference.
The Children Act, 2013 is the principal legislation in Bangladesh concerning the protection, care, and juvenile justice of children. It applies to all children — defined as persons under the age of eighteen — who are in conflict with the law, in need of care and protection, or otherwise requiring state intervention. The Act repeals and replaces the earlier Children Act of 1974. Its key mechanisms include the establishment of separate juvenile courts (Child Welfare Boards at the district level), a child-friendly arrest and trial procedure that prohibits handcuffing and public trial, the classification of offences into petty and serious categories with different dispositional outcomes, and the creation of safe custody homes and correctional institutions. The Act places a strong emphasis on diversion and rehabilitation over punitive measures — a child found guilty of a petty offence may be released on probation or sent to a correctional home rather than imprisoned. It also regulates adoption procedures, the role of probation officers, and the establishment of a National Child Protection Authority. Notable provisions include the prohibition of the death sentence and life imprisonment for children, the requirement that cases involving children be disposed of within 360 days, and the restriction on publishing the identity of a child involved in legal proceedings. The Act is currently in force and is the primary legislation governing child protection and juvenile justice in Bangladesh.
