Section 19:
consolidated text (as at 1998). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
19. Children liable to be committed
(1) Any police officer may bring before a Juvenile Court any person apparently under the age of 18 who is—
(a) found begging or receiving alms whether or not there is any pretence of singing, playing, performing, offering anything for sale,
[Issue 1] J6 – 10
Revised Laws of Mauritius
or otherwise, or is found in any street, premises or place for the
purpose of so begging or receiving alms;
(b) found wandering without any home or settled place of abode, or
visible means of subsistence or is found wandering having no
parent or guardian or a parent or guardian unfit to exercise care
and guardianship, or not exercising proper care and guardianship;
(c) found destitute, not being an orphan, and having both parents or
his surviving parent undergoing imprisonment;
(d) under the care of a parent or guardian who, by reason of criminal or drunken habits, is unfit to have the care or guardianship of
the child;
(e) the daughter of a father who has been convicted of an offence
under section 251 of the Criminal Code in respect of any of his
daughters;
(f) frequenting the company of any reputed thief, or common or
reputed prostitute;
(g) lodging or residing in a house or part of a house used by any
prostitute for the purposes of prostitution, or is otherwise living
in circumstances calculated to cause, encourage or favour the
seduction or prostitution of the juvenile; or
(h) being persistently ill-treated or neglected by the parent or guardian under whose care he is.
(2) (a) The Court before which a person is brought under subsection (1)
may—
(i) where it is satisfied, order the juvenile to be taken out of the
custody, charge or care of any person, and to be committed to
the care of an institution named by the Court which is willing to
undertake such care, until the juvenile attains the age of 18 or
for any shorter period;
(ii) of its own motion, or on the application of any police officer, by
order, renew, vary, or revoke any order made under subparagraph (i); and
(iii) on complaint by the manager of the institution to whose care the
juvenile has been committed that he is unable to control him, order the removal of the juvenile from that institution to an industrial school and his detention there until he attains the age of 18
or for any shorter period.
(b) The Court may, where it considers that committal to an institution as provided in this section is not practicable, send the juvenile to a Rehabilitation Youth Centre to be detained there until he attains the age of 18
or for any shorter period.
(3) Every order made under this section shall be in writing and may be
made by the Court in the absence of the juvenile, and the consent of any institution to undertake the care of the juvenile in pursuance of the order shall be
proved in such manner as the Court thinks sufficient to bind that institution.
[S. 19 amended by Act 15 of 1998.]
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Juvenile Offenders Act
Ask juris about this section Official source
Questions this section answers
- Can I be brought before a Juvenile Court just for begging or wandering with no home or guardian?
- Can the Court remove me from my parent's care and commit me to an institution if I'm being neglected or ill-treated?