Every child shall be deemed to be a delinquent child within the meaning of the Principal Act who—
(i) Being a male, carnally knows or attempts to carnally know any female child under the age of sixteen years;
(ii) Being a female, incites or encourages a male to carnally know her and permits or suffers him to do so;
(iii) Indecently assaults any other child.
It shall not be a defence to an information or complaint under this section that any child consented to the act.
(b) The Attendance of Parents at a Children's Court Should be Made Compulsory: There is not at present any provision whereby the parents of a child who commits an offence must attend Court. The provision in section 13 (1) that the Justice may require the person having the custody of a "delinquent" child to attend, with or without the child, does not meet present needs.
The Committee therefore recommends the acceptance by the legislature of the following new provision:
In every case in which a complaint or information is laid against any child, or against the parent or guardian of a child, under section 13 of the principal Act, the Justice before whom the said complaint or information is laid shall issue his summons to at least one of the parents of the said child or to the guardian or other person having the custody of such child to appear before the Children's Court with the said child.
(c) The Court Should Have Power to Make Orders Against the Parents of Offending or Delinquent Children: Suitable clauses in this connection submitted for the consideration of the Government are:
(1) Where a child is charged with any offence for the commission of which a fine or costs may be imposed, if the Court is of the opinion that the case would be best met by the imposition of a fine or costs, whether with or without any other punishment or remedy provided by the principal Act, the Court may order that the whole or any part of the fine or costs awarded to the informant or complainant be paid by any parent or guardian of such child unless the Court is satisfied that such parent or guardian has not conduced to the commission of the offence by neglecting to exercise due care and control of the child.