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Full text of "Medical Jurisprudence And Toxicology"

AGE                                                                             £-L

any week.   Women shall be prohibited from work before 6 a.m. and after
7 p.m.

Under the Indian Mines Act, 1923, as modified upto the first October
1938, no child shall be employed in a mine, or be allowed to be present in
any part of a mine which is below ground. No person who has not com-
pleted his seventeenth year shall be allowed to be present in any part of
a mine which is below ground, unless a certificate of fitness granted to him
by -a qualified medical practitioner is in the custody of the manager of the
mine, and he carries while at work a token giving a reference to such
certificate.35

Under section 22 of the United Provinces Excise Act (Act IV of 1910)
a licensed vendor is not permitted to sell any spirit or intoxicating drug to
persons apparently under the age of sixteen years, while under section 23 a
licensed vendor is not allowed to employ children under the age of fourteen
years in the premises in which foreign liquor or country spirit is consumed
by the public.

8. Judicial Punishment.—Males over the age of forty-five years cannot
be sentenced to whipping. The Bombay Children Act, 1948 (Bombay Act
No. LXXI of 1948) provides that a child means a boy or a girl who has not
attained the age of sixteen years, and a youthful offender means any child
who has been found to have committed an offence, and who shall not "be
sentenced to death or transportation or imprisonment. A child charged
with the commission of an offence shall be tried by a juvenile court or by
any other court empowered to exercise the powers of a juvenile court, and,
on conviction, may be sent to a certified school or a fit person institution,
but must not be detained there beyond the age of eighteen years. The State
Government may order a youthful offender who has attained the age of
sixteen years detained in a certified school to be transferred to a Borstal
School established under the Borstal Schools Act, 1929, in the interest of
discipline or for other special reasons.                                  ,«,

A youthful offender may also be committed to the care of his parent or
guardian or other adult relative, who will be required to execute a bond
to be responsible for the good behaviour and well-being of the youthful
offender for a period of at least three years. If the offence committed by a
youthful offender is punishable with fine, and the youthful offender himself
is over the age of fourteen years, the offender may be ordered to pay the
fine. When a child is found to have committed an offence of so serious a nature
that the court is of opinion that no punishment which under the provisions
of this Act it is authorized to inflict, is sufficient or when the court is satis-
fied that the child is of so unruly or of so depraved a character that he
cannot be committed to a certified school or detained in a place of safety
and that none of the other methods in which the case may be legally dealt
with is suitable, the court shall order the offender to be kept in safe custody
in such place or manner as it thinks fit, and shall report the case for the
orders of the State Government. The provisions of the Reformatory
Schools Act, 1897, will not be applicable to an area in which the Bombay
Children Act, 1948, has been brought into operation.

Under the Children and Young Persons' Act, 1933, of England, a person
under the age of eighteen years cannot be sentenced to death. There is no
such statutory provision in Indian Law except in the State of Bombay^,
although it is in the discretion of the court to regard youth as an extenuat-
ing circumstance justifying the imposition of a lesser sentence of transpor-
tation instead of death. The Calcutta High Court sentenced a girl of sixteen
years to transportation for life who was charged with deliberately killing

35.   Vide Sections 26 and 26-A of the Indian Mines Act, 1923, as modified upto the 1st
October 1938.