Thope that this brochure would Ibe of great help to the participating efficers off the ‘Seminar ta be held on 24-(4-200H im the Inancane under the pustasce wf The Hon'ble Hogh Coun ‘Sapgesions for unprocethent and pectificetem of errors ana munis of ay, are sabety) welcome: 08 Apel on (eden) Derector aEDITOR-IN-CHIEF VED PAL EDITOR-IN-CHARGE DILEEP KUMAR, Additional Director EDITORS AK AGARWAL, Additonal Director (Admn_) ASSISTANCE D.C.KAPRI M. JOSHI SMT. SUSHAMMA JOSEPH —,poe ry’ SLNo. | Name of Topic Page Ne. 1, |The Juvenile Justice (Care and Protection of 132 Children) Act, 2000 2 [The Juvenile Justice (Care and Proeection of 43-137 (Children) Rules, 2007 3. [Umar Pradesh Juvenile Justice (Care and Protection 138-180 | of Children) Rules, 2004 4. | National Charter for Children, 2003 | VRS 3. | Relevant Government Orders Issued by Govt. of UP. 187-202 6, | Rights of Children 203-219 7. | Commitment of India to the Rights of Children 220-222 4. | Children in Courts 22-60 9 | Juvenile Justice and Law: A Critical Appraisal 241M 10. | Dispensing justice for juveniles through juvenile | 248-255 justice board under juvenile justice (care & Protection of children) act, 2000 | 1. | Brief history of juvenile justice in India and recent 256-1599 | major amendments 12 —— of Age under Juvenile Justiog Act, 260-24 Protect your child from CRIME 265-266 - 14, | Child Adoption in India - An overview 267-260 15. | Relevant Case Lowy 284302THE JUVENILE JUSTICE (CARE AND PROTECTION OF (CHILDREN) ACT, 2000+ (Act No, 56 of 2000) [30* Decerimr 2000) An Act to comsoidate ard amend he lw eclating to juveniles in comfiect with law and children si need of care and protection, by pri iding for Proper care. protcctam and teament by catering ba thew developonced needs, wed by adopting a child-triendly approach im the aduudiconon and deposition OF maticrs on the best interest of chddren and for their uhimage tehabet tatice "| and for matters connected therewith of madental cheresc] WHEREAS the Conutitation has, in several provisions, inclining clause (GQ) of article 14, clauses (e) and (fof aricke 39, articles 43 and 47, impose an the State a primary responsibility of ensuring that ail the needs of children are met and that their haxic human nghts are filly proeected, AND WHEREAS, the General Assembly of the United Narions fas. adopted the Convention on the Rights of the Child on the 20" November, 1999, AND WHEREAS, the Convention on the Rights of the Child his proscribed « sct of standards to be adivcred to iy alll State parties in socuring the beet instereats of the child, AND WHEREAS, the Convention om the Rights of the Child ‘onphaunes social femtegreton of child victims, to the extent possible, withouireuaming to nalscial proceedings, AND WHEREAS, the Government of ladia has ratified the Convention vomuhe 11 December. 1992 ASD WHERCAS, st mexpedecnt to re-cnact the exhamg Liw relating to juveniles bearing in mind the stindards prescribed on the Coevenoon on the Rights of the Child, the Unied Nato Standard Minimum Rules for the Adetinitraton of Juvenile Justice, 11S (the Fleipmg rules} the Untied Nabons Auten for the Protector of Juveniles Depaved of their Liberty (19) and all wher relcsand mitcmational onsiramcets. He mt enacted by Parliwmerst i the Fifty-firstcar of the Republic of tncha as festhows: « Statement of Objects aed Reman = A review of the working of the Faverike Act, 1986 (47 of 1996) would indicate that euch grewier amention in Fequired to be grven to chaldren in conflict wath lew or those in nced of cane and protection. The justice eysiern ai gvarlable fot adults a not considered sonable for being applied wo a juvemite or the child or any one on thew techall! + Rmceeed ft assent uf as Prosahen os M13 2000 one pubdchea in he Came of tae, Ed HS dete 31 3, Sasha ip the besassis bern (Cart ara Pratciaos wf Chive Arersdmmens Act 3otm (1 ‘AAR A 2 hat” dhnagh sarees ameter mtihsbed wncr hot muactomen fn 8 Za sae2 In this context, the following further proposals have been made- (i) to lay down the hase principles for ademrintering justice tow pavenile oF the cteihd ie the ball, (i) to make the juvenile system meant for a juvenile or the child more apprecustive of the developmental need in omparnon io. criminal protiee eystem aaapplicabiy 19 adutts (isi) 10 being the juvenile Law io conformity with the United ‘Convention on the Rights of the Child, (iv) to prescribe a uniform age of eighicen year for both bens and pth: iv) to onsare speedy disposal of cascy by the authorities erwisaged under thi Hill regarding juwende of the child within. tiane Lint of feast skort (vi) to spell cut the noble of the State a8 a Cocilitator rather than dor by imvohing voluntary crganiaices and haa bodkes im the implementation of the progened legeslation, (vii) to carme special jovenile police omiex with a hamane approach through scmiinatin and training of police units eich m humane appr ch trysugh venadtisarian and trasmin gy ef police perunne|., (vtid) to enable increas accesninility to a pawenihe ot thee child be establishing juvenike pote Boards and Child Welfare Communes: and Homes in each distnet of Group of duatricts: fix) to muimumae the sigma ond om keeping with the develpmental needs off the joverile ot the child, to separaic the Mell inte tues partes ome for juveniles in contact seth Lie and the other Bor the jervcnuke or the chit wn peed care and protection (8) te provide for effective prov isioms and various alternatives (2) The Bilt seeks to repeal und re-cnact the Javerule justice Act, 1004 with a view to achieving the shove objects. Amendment Act 13 of 2006- Statrmeet of Objects wed Reason ‘The Juvenile Justice (Care and Protcction of Children) Act, 2000 ( the Juvenilefoal jute Act was beought into forse on I" Apnl, 2001. The Juvendle justice Act wan aimed al providing a juwwenile justice wyster for juveniles mm conflict sun tw and chddren in need of care prowcrion be adopting a child frendy approach in the adpadicaion and drsposition of mahers in the interests of chuldeen and for ther rehabsdstation Lerping in view the developmental needs af the ctaikdren 2 tna public interest litiganon ( Cit Wr Potion tho 4? of 2001) centaan prowinions of che Juvemde Justicg Act were chaltenped the High ‘Comat of Dei. During the coune of hearings. the Hegh Court civerved that same of the provisions of the Juvenile Juntiog Act morted reoonsdcratiot, Kerping in view these obsercatiom. i as proposed to carry oul amendments im sections 12.53.56,57 and $9 of the Juvenile Iuntice Act Accewchingly, an amendment Hdl was intreduced in the Lok Sabha on M-7-200) Meanwhile, taking cognizance of the said Bill, the Gigh Court of Delhi drposed of the above said Civil Writ Petition om 2-7-2003 The Lol Sabha referred the said ‘Adl w the Parkamortary Mardung Commetio: om labour and Welfare for Cxaminaton and report. Before the Standing Comemimer submited its report to the Lok Sabha, the Lok Sabha wan dinsalved and the said Bell Lapsed 3 Thereafter, before re-imenducing a thevh amendhnent tell the ‘Goverment considernd it necesuary to revied the amendenent propenals igpaien alongwith other suggestions recerved by the Standing Coenmattoe fro wari exper. bn the process, further consullanons were held and suggestiom/vecws of all concemed were cbtamed. Hased upon these comultations, i re proposed Jo maké amendment mi ether provesons of the Juvenile hastee Act addition fo thee contained in the earler Fill Modhficatans proposed im the Ali, inter alia, eniend- Ui) Wo munity the long tithe of the Juveme Justice Act so as to concey a wider scope of mchabilicarion of child in need of care and protection or a pewensle mm comfct with wath lew under the Act though not only instituannal but abe non institutional appro in) tea clarify than the Juvenile Justice Act shall apply to all cae: imohmg deiertom or crommal prosccuien of paveniles under any ocher tw the) to remwne doubts regarding the wrkey ant date in dctcrmeng: the joventtay ofa person and applicability of the Juvenile Justice Act. tv) cxcheion of the locel authoray fom the provisices, authoreing them to descharge or trancfev a chikd im need ef care and protochon of a jrecasle from the chaldroa'y home of special bome or how sending a jiwsenile in conthet ‘with how undergoing ipgrscrment, fo a epecial howe or a fil insttution. 1) tohave a procedure bad where claim of juvemiliry is rained befire any Cot,(vil) 0 provide for alternatives to detention im the obsewation (vin) todo away with the association of any police officer from (ix) Westend the scope of adoption of a child to childless (8) to provide fiat a flexible period of leave that may be given to child on epectal occasions hike cuamanation, marriage of relatives, demdh of bith and kin or accident er serious iliness of pareni ot amy emergency ol the like nabere; tsi) to emmune the applicability of model nukes framed by the Central Government in the Sislew Linu lentones who have not made their own rules. Hill the whes wre Hrarmedt in that regard by the respective Stmey'hmen terntanecs. 4 Thhes Full seeks to achseve the shows ohpectives. CHAPTERS Preliminary 1, Short title, culeat || commencement and application | (1) This Act may be called the Juvenile Justice (Care and Protection of Children) Act 2000 (2) Westends to the Whole of india except the Stale of Jama and al (2) fe shall come inte force om saich date’ as ihe Central Government may by potificamon in the OTicaal Gaaerie appoent SA) Notwothstanding amvthing contained in amy other law for the time being tn forces, the provinions of thin Act shall apply to all cacy mwolving add yt Renerabeatnn Cire aid Prosmcnc il Rskirant Movemdermey Aa 208 1 of FAR, 8 Mh fae eed seers” fm 0 f 24 Soma eft Baw a> ake Pee Mek 3 C1 ATER se 20-3 teen by te heels lemme (Cae ond Premmction of Childe Ammar Aut 2006 (11 of Bees Dake cE TDA oy —— owdeichton, prsecunon penalty oF sonics of umprecnement of juvende in” coflict with law ender such other baw. & Definitions - inthis Act unieus the comes ocherwine nequirca.+ (a) “advisory hoand” means a Central or a state advinory board or a distnet and cay level advisory fomrdl ws the case may be, comtituted index section fi, “fad adopting” eneane the proceus thsagh which the aduypoed chil es. permanat’y i¢paraied from his biological purges and hecrene the lepcwmmee child of his adaptrve pareets wich all the fights, priv skepes. and sespornsbilinics ‘that are attached to the relationshep | (h) "Aicgeing” meami- 42) sobciing or reeeiving alms ma public place or entering into amy poval¢ premises for the purposg of soliciting or Feceiving alms, whether under ary pretence, te) exposing on exbibiing with the obsect of obtaining or eMorting aim. amy sore wound, injury, deformity oe descasc, whether of himself or of ary ucher person of of an animal () Board” mean » descule Juste Bord ponstiisted uder vectaan 4, (id) "child ta need of care and protection” means a chuld - (i who ts found without amy home or settled place or sbote and without ary ostensible mrare of subsistence, * [lia Who is found begging. or wha is either a street cil oc 2 ‘working child | (ie) who feuides wth a person (whether a guardian of the ‘child ce nat) anal such person (a) han threatened to Kill oe anpare the chiddl amd chon es a remomable [kchibved of the threat being carried out, ov (hi has ified sinned ut neglected some other child or children and there is a teasematle hiketitaaed of the child in quespan being killed, abused of neglected by that pero, (an) who my mentally or physicelly chalhemged or ull ghibdeen oF children suflering thom icrmmal dremnes of meurable deans having ne one te support oF look aher, tiv) who hes «parent or guardian and wach pancrt or puardian is unfioe incopacienied Go cxercint cuntrud ower the child. " enernad by the hevenle betes (Caer al Pomme of tlie) Avedon hot (1) of Send sous aoe omer by the Jonamht bomen (are ana Poouseneon of CRildior) Asmemdemont Akt 58 (1 PARAS aes Cine of Seam 4vi) eho ts bring or i hhely to be gronaly abused. tortures o xplonad fon the purpose sf sexual abuse o¢ Heya acts vith who i found wulmcrable and is likely no be ondacted sme drug abun or walTicking, (vie) whe is being or is Likety te be shane for umcnnceonable om, (i) who victim of any armed conflict, Cn! commation oF natural calamaty fe} “children’s home” mcamy an intituthon extabtichod by a ‘Stair Government on by voluntary organisation amd certified bby that Govermment under section U4. Committers” man a Child Welfare Commune consituied ander secixan 29, Ugh “commpetiemt authority” cuts on relation to children tw iced of care and protection a Comumities and an relation tos jveniics donfivct wath aw a Hoard, th) “fa dastityton” means a governmental or a registered ompevemmental orpanrsation or a soluntary prepared to oun the respomubiity of a child and such organnation 1m found fit by the “[Maie Government om the recommendation off the competent authors). (0 “fa pemon” means a penon. being a social worker or any other pPetice, who es prepared to oun the respons ibilry of a chill ard in Fours) fit by the cunpetent outhority tor recerve vind take Care of the Chih (0 Spuardcan”. om relatos io a child imcans fe nateral puwrdian ot any other perwn having the actual chaepe of ovotnd ever the subd and eccegnised by the competent authorsy ae a guanhan jours of proceedings before that authow ity; 1h) “penile” oF chukd” mcam a perion who has mt compicud eghneenth year of are. seen hy thr demsemabe lanes Cert ad Pramentoem of Cldbeny Aetet dy TaN 4 Zee teenies [eam © emis br thar Intec heat 4 et el Presta ald Aaneeaenent ey TORR TH om AH pa Rar emyarent setteney wa PTT Sormy .* "(1) “juvenile i conflict with Ine” mcami a juvenile whe is alleged to have conmmned an offence. M[* © © km) “Racal authority” means Panchayats at the village and ila Parishad at the deirct lewel amd shall abo include a Municapal (Communes ist Corporation ot a Cantonment Hoard oc sach other body lepally entitled to faction as local authority iy the Cauvernement, im) “ruercomec dwg” and “peyctetiopic kutstarce” shall hawe the meanings repesiveh asigned ko them i ihe Narcotic (rugs and Poychotropes Sobsances Ack 1i$ 461 of 1985) 40} “olmervation tome” means @ howe esiablehed by a Stare Government or by a voluntan cepanianen ard comifeed by that ‘State Cewernment under wectioe # as ant observaticn home fiw the juvenile in comfhct with Lew, fo} “offeece” mean am offence pummhable under ary law for the time beg in force. 4g) “place of safety” meam avy place on invtitulion (mot being a Police fockop or jut. the person sacharge of which is wulting temporarily le receive and tke dare of the jawenshe ae whoch, in the epinion of the competent auchowty, may be a pace wll salicts tow the jowenile fr Sprescrbed” mean prevented by rules make wncier this act. 14) “Probation ufficer” means am officer appeuited Iby the State Government a 4 protuciea office! under the Prohatien ef Offenders Act 18 (20 of 195%, (1) “public place” shall havc the meaning sneigeed fe on mn the tremoral rales (Prevemtaen! Act, 1956 (104 of L956), (a) “eheher home” mess @ heehee 4 dropeercentne set ig under section FT. 1) “special hope” cam on imbtotion euiahished by a Star Govermenton by a velantan orpanmanion aad cornified by that Ceoverranicnd mdr scot (6) “epecial premiie palice ont means a ied of the police fiotce ef a State designated tow Kame of juvcnes oe chikdren under seetion ar Poomey nem Inthe) erst An Se Tf ts Prt bem namo 0 rad ae ne © 0h setts it lew” anaen # mere mine w yrds hae mre | * (Lier emaed a ia te icenty hey fg od Porton of Miens Aneatoo We Sum ELH RES ALGAE im Fee Ee SAN Poe ae eeemmmmon C1 fmt eal under “Trt cal momen” was Formiipcons Me page an Fila Perma a the ect level ad shel sh sachs honed Comoe sa Compermionie oC mmcartrs Rared ot ba thee heals epee eure ied keen taal tet the Cameron ,(8) Mate Goreremeet”, in ptlaimin tea Limon toniiory, means the Administration of that Linas terrcory appounted Iry the Preuident under article 239 of the Comutitutzom. ty) al words and caprewions wed tee not defined im the Act amt defined in the Code of Criminal Procedure, 197) () of 1974) shail have the meanings repecctive)y ausignied 10. therm on that sede COMMENTS ‘The ctucml date foe determining the status uf a person as juvenile ix the dhae whos accused 6 braighl belore the competent authoesty and met the cle tahen the offence i commumed, Khanna Yadav « Ragesh Maurya (2000) 10 SC 291 (cme ander VRS Act) JL. Continuation of lequiry in respect of juvenile who hay eraed to be a juvenile-Where an inquery bun been inshated agamel 9 juvenile i conlligt ‘with Ls oF a Uheld in need of care and protechon and dura the course of sich paguiry the juvenile ot the child ceases to he such thon, notwtstanddomg canythong contained in that Act or int amy other Linw for the tome Being int fore the inquiry may be comtiuad and orders may Be muske in rexpect af such Peron af ah peren had continued te he a yuverde on a child CHAPTER-U Juvenile in Conficrsith Law 4, Juveniie davtier Board = (1) Nobeitintanding amething comtaoed wr the Couke of Crommal Procedure, 1973 (2 of 1974). the State Cevermment may. "| within a pened of one year fhom the date of commencement of the lively Juecticw 7Cane and Praction of Children) Amendment Act 200%, iy noblicuben wt the Oficial Gavetie. conahtute for a ditrict or a greop of divricts| one or more luwenike Jusior Pour for cxercisine the powers and dechagmg the dunes conferred on imposed on wach ourds im eciate ny jawenies in conthat wich Low under this act (A Beard shall consiet of a Metropeldtan Magestrate oe a tudicial Magnirie of the first class, mm the case may be und two social workers of ‘whi ot hema one shall be ad weoman fortaing a Teves amd every ais Hench ball have the power confcrred by the Code of Criminal Procudarg. 197917 od (974) om a Mewrpohian Magtettate et a the cre may fabrcal Mapistrag of the first class and the Magistrate on the Moang sual by denigrated a the princspal Magistrate, 10) No Magrtrite shall te appemied as a mombet of the [eard amhcw het hom specu kmowiedge-or traning on child pechokogy or child weitan and Std th Brwgmein gm (een wad Pentru wt kibem| Mervin ht 880 eek SA Mat ey nattinate on Uae CNT Cinaeite camiake fer a dit or gee ol aterm gma in the notice” f= 1 ZTE(4) The term of olfice of the members of the Hoard and the marsner mn whach such member may resign shail he auch as may be prescribes! 15) The appemnonent of ary member of the Kaard may the termmnated ther hokduag enquiry, by the Mate ¢soermment, af « “ he hes heen found purity off anime of pmer verted undet thes wet to) he has been commted of an offence involving moral ‘turpanete, and wach conviction hay not been revered or be has not been gramicd full pardon im reypect of such offlere, lish) he Gaile Wotton ke procendings of the Moar’ fer consecutive thee months without amy valid vemon ot he ‘Gols to anicnd jews than theeefourth of the satingy in a year $ Preedare, ete. in relation to Beard - (i) The Board shall moet at ab tes and shall observe such rules of proondure in regard bo the warsactos of hrunews at i meetings as may be preactihed 42) A child @ confit wah bee may be produced before an indrviduall encrber if dhe Board, ewhom the Ehourd ys rmot settang. (0) 8 Hoard may act note ithatnding the absence of ery member of the Hott and mo order made by the Nand shall be invalid by reason only of the absence of any member durmg any stage of proceedings: Provided that there shall be at least two member invading the prrevpal Magntrate pecsent at the time of final disposal ot the can. 14) ta the event of any diffcrence of opmn among the members of the Heard i the intern or final deposition, the opunice of the emapority shall peeve hut where there tn nc sack majority, the opmenon if the irincipal Maghatrte, shall perwail 4 Powers of Juvewile Jestire Wawel. (1) Where 4 Word fas heen owiutstated the any deutriet "* * *] such Hoard shall, nomwichstanding amychimg sontaned it amy other ne for Ihe tame being 1 farce but save a ctherang jexpremdy provided im thes Act have poser to deal exclosivety wah all proceedangy wneder thes Act medatane te paren: it ceanflinct with Lave. 12) The power: coniicrmed yes the Hoard bry ot wder Chis Act may air be mrerched by the High Court and the Court of Seuucn when the pruccedings umes hefine them en appeal, FeV ce Or otha ine 7. Procedure te be followed hy a Magistrate eet empowered nnder the A 11) When ary Magsince nt empowered 1 cron te pws of 3 oard under this Act in of the opeucn that a peruom frought Belore bats wtcket any of the provisions of this Act (other than for the purpose of grving idence) ma javenie or the child he shall without amy deiay record sich SF Te mete ~ st prog af dtacen™ comer hy ame Hat Cee tral Pets il (Cheba Aemensbonens ec Sith Hol Sing ST aiwen FTECpaneon and forward the javensle of the child, amd the noord of the proceriing to the competent authonty having patiadiction over the proceedmp. 121 The competen€ authouty ke whack the proceeding rs forwarded under sub-section chal hold the inquery as of the puvemiie or the citid had cengmnally ‘beam brought before “PTA. Procedure to be followed when clan if jrvenihay im cand heiline ary Courts (1) Whenever a ctaim of juvenility 6 raiscd before am Cour of a Courts im of the opmmon that an accased person wana juvewibe om the date of commision of the offence, the Count vhatl make en inguory. take such evidence an ina be mevcnary ( but mot an affadavei) +0 as tm deiorming the age Gf such person. and shall recurd a findeng whether the pera ba jewendle or a chuld rine, sting hs ape os memrly as mary Boe, Provicied that 2 claim of juvenility mary he ranad before airy Court anal fy shall be recognised at am stage. cver after final drqweuad of the case, and such claim shall be dctermened interim of the provisions cuntamed im thiv Act ted the rales made thereunder, cven haf the juvenile hat ceased to be so on oF before the date ef commencement of thn Act 12) Hf the Coun finds a person to be a jowenile ce the dale of Comma Of the nffonce under wubsectnon (1). i shall forward the powenite to thy Hoard fr passing approprime onder, ard the semtence. ef any. posse fry a ‘Court shall be domed ta have po cffiect | A. Obsersation hemes. (ll) Amy State Government imry establish and masala chet by itself of under am agreement wich voluntary erganeations her ahon homes in every drinct ora group of districh. as may be required fer fhe termperan neopoan of an juweniy in comfict with law during the pendency of any inquary regarding therm rder thin Act (2) Where the Mig Govemment ts of openicn that any westitution ether than home eatabinhed i maintsined under su section {i is fil for the temporary renepion of juvemle i conflict wath Law during the pendency of ary iipairy tegarding hem under this Ack it man comfy suchinueution om on tbservaton hoene for purposes of this ALL UU) The State Grvemment ma}, by rules snade ander this Ack pros ake fat the manayemcil of vbscrh ation heamcs, including the stselacds and 9 stvass Types uk sevelcre he he pmaded Py them for rebahildutin and sicual jatcprates ef a pci and the cincumunoes under wihech, ond the manner fe sehech thee cerficunem of an observa home may he pramtcd of saath asa (4) Every javemde who mt not placed umder the charge of parcht or Faden asd 6 wert we an observation hone shall be mitially kept in a Feepion eet of the observaton home for preliminary imguincs. cant and clinaaficataon tot jovendes accondang ta hes age group, such as seven ts tecise year, tshve to sinter years and sixteen to eighteen years prying duc esi fy he fh arse ata Oe a Patt lf Chee) uence Aa SO SOE owe FIER Samy cyconsideration to phyvcal and mental ttatu and depree of the offence Commatied for further induction into ebservation hewrne 9. Spevial homes (J) Amy Staic Ciowcrnment may cstableh and maintain either by tel! or umber at agreement with voluntary otganisations, special homer in every dianict or a group of distncts, as may te required for recepney and rehabsl itation of juvceile in conflact ith law undlet this Act (2) Where the Sot: Government © of opin that amy webtutice otter than a home eeabished or maincaned unger sub-secnom (/). m fit for the reception ef juvemibe tm comflact ith law to be semi there under thin Act, ot nay senify sch anstitution os a special heme hor the purposes of thet Act 13) The State Gon cement may, Iby rules made under this Act prow ide for the management of «pecial homes. including the standards and wurinus types oof services te he proveded by them which are mccrary for rescculiaton of a jrwemile. and the circummances under which and the manner in which. che crrificaton of a special home may be pranted on withcrwn 44) The rules made under suf-section (1) may abo provide fir the clevsificution and separatinn of jarvenike in conflict with law om the hana of age and the nature of offences commuted by them and ha mental and pirysacal ean. 10, Apprebrasion of javcuile im coaflct with law“ (1) Ax soon as a juvenile in condi with La is apprehended by police. he shall be placed under the charge of the special povcmic police unit of the designated prtice eficct, who shall produce the jveniie befone the Hoard without amy basa of tene but within a petiod af ticiy-tnur hours of hin apprebemian exctuding ste fimenecessary for the journey. from ihe place where the juvenile was aperchended. to the Moard Provided that ine case. a juvenile im comflict with Law shall be placed ina police lockup or Indged in a jaal J (2) The Sune Government mmy emake relics Comistert with thin Act « (ete provide fo persons through when ( mnchadung nigrdered +ohantary ofp eiuitena) ay jowrmile ha confhet wath low may be produced befisre the Heard. 16) tes proviche the marimcr im webich sucta jurviemabc muy be scot we a observation home 11, Contre! af custadion ever jeruile- Any person in whene charge a juvctule 0 placed i punuance of this Act thal, while the ander i in force have the control over the javenite mi he would have of he were hin parents, and hall he resporible for hr maintenaace and the juvenile hall Contin in his etaiitoted ty tht nt hassle beat oi aed Pramas if Chae Amster At nt) 4 wf 2am § tT he sons. the hare of the penal jeomaie pieker and er te dengnated pies wifiee he shall rmemmdsairy reat th mea tf tt ard” “1Charge for the pened stated by coMepeteml authority. notwithtancang that be = tnkenedd by has pacenes cs amy other porn FL all of Jevenile.- (1) When any person accused of a bailabhe or non-hailable offence. amd apparentty a juverike 14 arested of detained or appears of in brought before a Foard such pcriom shall noewuthuaancing anything contained in the Code of Creminal Praccdhane. (973 (2.0f 1774) on amy ther law fo the tore tewg a force: be teleanedd won hail w ib ow without surety Tor placed under the tapetrincn of a Probation Officer ot under the care Of any fit institution oF fit perce] but he sail met be wo released if there appear remsonable ground for heleving that the relewwe likely to beng hiew ito aociaton with amy Leown criminal of expose hint to moral pirical ot -pevehological danger on shat his release would defcar the ends of jartica When wach peren haveng been arretted if net released on bail under sob-section (1) by the officer incharge of the police station, such officer shall eae him to be Lepe only int at observation home int the prescrebed mannct cuneil he can trougia Petre a Baaed (0) When such poron is nat released on bael under sub-section (1) Dry the Hoard of shall instead of commuting ham he person. maker an order yending. him to an alteration heme or a place of tafcty for such period during the Pemdency of the tmquery rewarding hom as may be cpecified a the ordet 1. Information parent. puurdas or probation wificer « Where a javenile fy arrevted, the officer enchargs of the police station or the special javenile police uni bo which the juwemle iy trout shall as soca as may te after the aeres infor C (a) the parcetor puardian of the juvenile. of he com be found af ucts amrest and darcct Bam Be he present af the Hoard bicfiare which the joven will appear, and th) the prohation officer of wich armed a0 enable Init ha can aitermubon tegarding the amiccadents and famed) backgroud of the jpnverule aed other material circumstances Meh to be of assistance to the Moaed! fot mak ing the egunry ML Ungeiry by Moard regarding javenile- "YijWhere a prventie having ber ctharged with the efile ts provheced before a Ploord the Feo shall bok the inapiry im accordance sh the provisions OF this Act and may make Hach orden it relation te the: jarverdle as it deers fit Prnaded Gat an icpary umicr thet sectaon hall hy completed salbie a Peries! of fou imonths Mum the dic of iy commencement, unless the period is extended by the eord having regard to the exrvumntance: of the case and Special canes ahher recording the reasons in seriting for such extension. mare tee deme oCare end Pomme of Csideers Amman et, FEY of Jama hel owe = 4 cere ea mS. 11] evel eal 128 meer by in Dement (aw ad Prenat wi {ihe “eerie et TOW (1) of DONA WIG wef IA »(12) The Ctvef Sudiciad Magistraie or ithe Charl Metropolitan Mlagistrane ball review the pendency of canes of the Board af every sin months, and shall direct the Hosed to inctease the Pequency of its Litines er may cane the cummstrtartaon of ackdeteonal Hoarty | 1S Ohrdler that may be passed regarding jevenile. (1) Where a Hoard eo sainfed on mquiry that a juvenile has comumined an offence, then rovwichstanding anything to the contrary contamed im any gther law fy the ene Dotmg im fence. the (komnd may. of af thenks wa fit « (a) allow the jewenile te po home after adver or admomitwey following appeopriat: impury sgaed aod courting bo De (DF MWECT the jvemike ks participle a eroop counsel ing amd kielar (e) evden the juvemiig to perform community service, id) ander the parent ef the jivenike ow the joverile: hometf tur pay: a fing, if he mower fourtcen year ul age and earns money fer direst the juvenile to he relemed om peobanon of good ereduct and placed under the cane ef any patent puanian or other tir Peron on such parent guardian of other fil pence executing: a temid, with or wathout ta all cock where a juvenile in conffict wath lane it underpoig 4 sentence of impracement at any stage on the date of commencement ofthis Act tic cae mcfuding the ive of jwwemelty. chal be deemed to be decided ia term of clause (1) uf scution 2 amd anther proviso: contained in this Act and the rule made thereunder, arespective of the fact ‘that he crascs to be # juvenile an wr before such date andl accordingly be shall Tag seus “or Metal metry” sma by Ae Jem Rasta Cn ard Pract lon Aseraabrene et, ZN Tf Deum Fite | TTD Seiten be fe hecanele hea HT ser ane Proteins of Tiber S08 414 Pane tek dee my ew two FS deer hy the hate: ek Cie ad Posten cf Chem) emadoe At 20m 8 ll SMHS. Zk ew “tay sheer” yew 23-8 TObe semi to the specual home or a fit innctitution an the cam may be, for the remainder of the period of the sentence bul such sentence ihall no im amy cose ‘exceed the maximum period provided in wectao 15 wf this Act } 65, Procedure in respect of boads - Proviciom of Chapter XXXII of the ‘Code of Cruminal Procedure, 197} {7 of 1974) shall. as ta an may be, apply 10 bonds taker wndier this Act 66, Orlegation of Pewers- The Sime Goverment may, by the general vender, direct that any power exercisable by it under this Act stall im such circumstances and under such conditions, if amy, ax may be prescribed an the vonder, be exercisable also by an officer subordinate to that Government “| *** 1 7. Protretion of action taken in good faith» No weil of tegal proceedings shall he against the State Government or voluntary organisation running: the home oe any officer and the staff appointed in paruance of this Act im reupect of amthing which is in pond faith done or intended tobe done in pursuance of this Act or of any rules or order made thereunder, 68 Power to make rales - (1) The Stale Goverment may, by notficatan im the Official Gazette, make roles te carry out the purposes of thes Act “) Provided that the Central Goverment may, frame model rales in meapect of all or ary of the maniers with respect to whech the Staie Govenmact may make rules under this section, and where ary such model rules hawe been framed in respect of ary such matter, they thatl apply Qo the Stanr until the rules in rupert ofthat matter is made by the Stale Government and while making amy wel fulei a) fart ms 6 practicable, they conform to such mode! ules | (2) Ie particular, and without peciudice to the pencralaty of the forpowng powers, such nukes may provide for all or any of the follwing matters, namely == (i) the tem of office of the members of the Bowed. and the manner i which such member may resign under sub section (4) of wection (4), im) the tine of the mectings of the Board and the rules of Prordure in teyard to the transaction of butincys af as movting under subsection (OH) the management ef observation homes incheding Standards and saneus typey of services bo be provided them and the circumstances im whack and che sane in which, the certrcanon of the chservaton home may be gfavied of wuthdrewn and iach they mation mare feterted 10 mi Sectaon B Ae ada © or ound satncesry” ord bey ioe hovers dese oCare ad Protacoom of Chsidree Acmmient Act 7G (Uhel 2a A Fie TPA IO em yh em dean [Caw see Protests ef Tilden} Amended at, ZH (1 ff FARA Deaf tT ”tm co] wh tony tinh oni) isi the management of special hhume inchadig the vandarts and various types of services to be provided bry them and the cocumtances in which aed the manner m wbich, the certification of the special home may be granted oe withdrawn and such other maticr as are referred to on section 4, perions by whom any jevenile in comfisct wick Law mary be produced before the Hoard and the muanncr of sending such juveniic to an observation hone under sub-sector Whol secteon 1h, muir relsting to removal of dewualficatwen mitaching: To cons ictian ofl a jovensle tinder section 1. the gusiificanen of the Chamencn and members, and the tcrane for which they may be appowted under sub- section (3) of wectaon 29, Be tiene off the meetings of the Comemstice and the rales of procrdare i regard to the trandactow of busamews af ith mmeciong under sub-section (1) af scction 30, the manner of making the report to the police: amd tr the Commie and the mannet of sending und enteansting: the chalk! i children’s home pending the inquiry weder sub section (2) ef section 32, the management of children’s hemes nchading the sondards and nature of services bo be prevded by them. and the punner tn whach certification of a chddven » beure or fecugachen to a voluntary organisation may be granted or withirran under subsection 7) “| und the manner of fepitraten off urntitatioms ander sub-scctacw 39] of ‘section Hi commie muy bbe appointed and such other mation, as ae redered bo ov entice 18, acilites te be provided ty the shelacr homes ander subwectiond i) of section 37, “To ama) rhatulitataon mochanean to be resoried te i adoption under sub-section (2) notification of puntelines under subsection (10 and the manner of recagedien of Wpeciained adoptant agencies under seb-section Hi of section 3] ey Oe esti miso mg $e shy paige Th Som ed Prncne a ky Ament et, 2 (NT ued Prsmesrscn of (hd) Actencbomet it, SU(xh) for carrying oot the scheme of foster care programme of children under sub-section (3) of sectan 42. fein) for canryang out various schemes uf spomsundig ol children under sub-section (2) of section 43 (xs) maiters relating to affctcare organisation under section (ert) for curing cfc inkages Betescn rou agence rchabllitation and social omepration of the auladeiecnts: ) the purposes and the manner in which the Fund shall he axtministered under sub-section (3) of section 61. (evi) amy other matier whech m required to be of may be, “V) Every ule made by a State Government under this Act shall be tak, as soon ay muy be after it im made. before cach House of Parament, while 1 am season, for a total period of tharty days which may be comprised in one SeRicn oF in feo or more sucorssive semioms. and of before the expiry of the sexsion imediately following the sextian or the succouive sessions aforesaad, both House agree int musking amy modificaion in the rule of both Houset agree that the rule should not be made, the rule shall thereafter have effect only in puch modkfied form ce he no effect ms the cose may be, 50, hoecver, that amy such modification or annulment shall be without peejudice to the vahdity of anything previously dose under that rude | [4] Ewery role made by a State Cevermment under this Act shall be laid, ay sun ax may be afer itis made, before the Leginlahare wf chat Stale © Repeal and saving - (1) The Juvenile dustice Aci, 19841 $3 of [9R5) is herety repented (2) Moteithatandmg such iepeal anything done or any action taken under the said Act shall by deemed to have barn done or taken under the comesponding prow isaons of this Act 7h Power toremave difieuities (1 )1f amy difficuiry arch im prong effect to the provisions of this Act, the Central Government man. by order, not sccenasient with the peovisions of thes Aci, tcindve the difficulty : Provided that no such order shall be made afler the expiry of the pend of two year fram the commencement of the Act (2) Howerer onder maile under the section shall be tad. an porn an may be alter i ey made, before cach I louse of Parkament ooo 7 temeried by the bevemele deta £Cien aed Provevtam of (Chhinet Aememsimren on. 2008 419 of ae ieide a SER Sah 10) cerned om nab 14) By che eerie beans UCies anl Promeanens f CBldeond Ramos Ack, emo) ef ZONE Doc) fm ZeTHE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) RULES, 2007" WHEREAS the Consbtution has, several provitines. mclading clause (3) of article 18, articke 2, articke I-A, clauses (1) and (2) of article 22, artacles 23 and 24. clases /¢) and (1) of artcle 39, aructe J articles 45. 47 and S//h), impose on the State a primary responsibility of cmaring that all the needs of children are met afd that theit basic rights are fslly protected. AND WHEREAS. the Comvention on the Rights of the Chali adopted by the General Asscmbly of the Unted Nations om the 20th November, 198% and raicfied by Indian ||" December, 1992, eephasizes conferment of rights ‘on children, aed fconicgration of juveniles ond care and protection of wulnerabhe children ith a view to Surthering thew right to survival, development, preteciean and paricipaticn AND WITEREAS, the United Nations Standard Manemuen Riles for the Admumistraton of Juvenile Justice, 18S (the Aciping Rules) and the Linated Muanioms Rules for the Protector of Jeveriles Deperved of their Liberty (1990) ‘Set the muremum standard to be adhered to in the adwenntraton of juvemke justice in respect off puvenuhes tn conflict with laws AND WHIERILAS, the Linted Natom Gandetines for the Prevention of Juvenile Delinquency (Riyadh Geidelines) and all other rckevand international instruments focus of the prevention of juvenile delimyuency and provide guidetines for it, AND) WHEREAS. to give effect to the provisions of the Comsutation and relevant international instruments, the Juverde Justice (Care and Protectiinn of Cheldren) Act 2000 (86 of 2000) ax amended by the Juvcrile Justice (Care and Protechon of Chidren) Amendment Act, 2006 (13 of 2006) ves enacted ia comeolidate and amend the law relating the juveniles in conflict with Law and children in peed of care and protccton, by prowsling for proper care, protection and treatmert by catonmg tothe deveiopmental nceds. and by adopting a child fiiemily approach im the adpdication and deposition of maters wt the Bout interest of childern and tor their uimmate echabébtation and kaw mater connected thew ih or micidental thereto. Shrough matitutvonal a orci ak now-inatiqubional measures enumerated under the said! ACI: NOW THEREFORE. wit a view to pronde for bener dyplementation and ademunateation wf the proviuams of the said Act om its tae spirit and subsuance the Central Gos crament ia pursuance of the above said peowisions. and in crercive of the powers conferred by the proviso to sub-sechan (1) of section 68 of the luvende Justwe (Care and Protection af Chakiren) Act. 2000 (48 of 2000) hereby makes the following rales amd lays dren the fundamental Principles to be applied it admunintration of yrvemiie patece. aamnely:= omen) 38-49 20007 pad ta Cine Ua, Ck Sn et uuCHAFTER4 PRELIMINARY 1, Short tithe sed commencement -(|) These tubes may be called WHE JUVENILE JUSTICE ¢ CARE AND PROTLCTION OF CHILDREN) RULES, 2907, (2) They shail come onto force on the dare” of their pubhcaton on the Official Gane 2 Obefimitios-la these rules, unless the comtest others re requires (a) “abandoned” means an unaccompanied and deserted chukd who 1 declared abandoned by the Commuticg afer duc inquiry, (O* Act” mean the Juvenile Justice (Care and Proucction of Chiliecn) Act, 2000 (4 of 2000) as amended bry the Juvenile Justice (Care and Protection of Children) Amendment Act. 2006 (1) of 2006), fed “best interest oof the child” means a dectaom taken io crure the phyuical, emotional, inteliectual, social and mort development of (pewenile om hull al) “child friendly” means amy process and interpretation, atttudle, ervsronment aid trestment, that is humane, considerate and is the best interest of the chikd, ep “commuruty service” implics service rendered to the society by paveniles in conflict with law in few of ether judicial remecies snd Ponalticn, which in not degrading and dehumancring. Examples of this may imclade:« (0 cleaning a park (fo petting ievolved with Habwtat for Humanity. finch serving the ekderty on muruing homes. re) hchping ot a local fire or Police department. fv} helping out a local hospetal ox nursing home; and fev) serving drabled children UP "Mctention® i case of joveniies m contlect with law means “praccime Fine with the principles off restonative justice. fg) "Form" mcams the form annexed wo these rules. (A) “dividual core plan” in @ comprehensive development plan for a, juvenile or child based on ape specific and gender specific needs and the case hrtory of the prveruie on child, prepared in comsaltatiew wrth the jowersle or child, in onder to restore the powemile’s or chili’s sell everm, dipmty and seff-worth and mumare ham ino a resperrsible citizen and accordingly the plan shall address the followang nocd of a juvernde ce a child * Amey te aon on 2 OTfy Health needs, fit! Emotional and psychological manda, fut) Feducatonal and training needs; fiLebeure, creativity and play, fri Attachment and relaisonships, frUProtection from all hinds of abuse, neglect and mal-tresiment. fray Fothow-ep post release and restorabor, (i) “wstituhon” means an obwervahon home, of a special home, ona cluldnen's home or a shelier hoene set up, certified or reoognaed and registered ursicr sections 4, $ 3H, sub-tection (3) of section Mand section 37 of the Aci respectively, Q)"Officer-sn-Charge* or uuch other nomenclature ai isuued iby the State Government, meant a i appoented for the contol and @ “orphan” tmcant cd whe bo Wie proels ox filing and nub legal renatural guardian, (“place of safety” means any institution set up and recognired under sub-section (2) of rection 12 and sub-section (I) of sechom 16 of the Act for juvenile in conflict with Law of children, im) “recognized” means a pervon found fit by the competent authority oF, mm institution found fit by the Stale Government om the recommendation of the comperent authority as pet clauses (hy and (!) of section 2 of the Act, of, recognition of an imstitubion of mpency or voluntary organizanom by the ‘State Government 1 operate 2s a cheldrens home. observation home and special Rome, of a sbelocr home, spectaliaed adoption agency or after care organization uncer siden [IF atsatiea T).sobpendoe tt st eit Al ond canis fad of section 44 of the Act, fe) “registered” means all institutions of agencies of woluntary organizabions providing residential care to choldeen m need of care and protection aegistered under sub-section (3) of section 34. tO) “State Gewermment* in relation to a Union territory means the Adeninistratoe of that Union territory appointed by the President under article 239 of the Comsttution. ip) “street and workeng children” means children without ostensible means of hveliboxt cart, protecvon and support in accordance wah seiner mete tare ot “yurrendcred chiki” means a child, who in the opewon of the Commmaiee, whngehhod on sccout of piysical. pmoxiceal and social fhctors beyond the contol of the parent of guardian, fr] all words and expressions defined an the Act and wid, but mat defined MMWe these rules. hall awe the same mremnung a eigred to them on the Act CHAPTER IL FUSDAMIENT AL PRINCIPLES OF JUVENELE JUSTICE AND PROTECTION OF CHILDREN 4. Feondamental principles to be followed én adimbnbstration of thre ruien- (1) The State Government. the fuvende Justice Hom, the Child Weltar (2) The following principles shall, inter adic, be fldamerul to the epphcatem, interpretation and emplementanon of the Act and the mnules made hereunder F Princypte of premmption of imeocence, fal A jowerle or cheld or juveni in conflict with aw i jtcsumed to be mnocent of any mma fake or criminal intend up ta the age of exghacen years (Ad The juvenile’s oF jevenile’s im conflict with law or child's right to Presumption off inmacence ihall he revpected throughout the process of jatice and prourction, fiom the initial contact to alternative care, inchunding aftercare fe) Any unlawfal conduct of a juvenile or 2 child or a juveraife in conflict with law which bn done for sur ivall or et duty to environmental or sitwational factors 0 1s done under control of adults, cr pect grumpy, is Gught to he covered Iv the principdes of innowence (ef) The tames componeats of prewmrtion of innocence ane = (0) Ape of mancence —Age of innocence is the age below which » Juvenalg or child of a jayende in conflict with law cannot he subjected w the criminal justice pyutem The (eijeng Rule 4/1) clearly bes down that “the beginning of the ape of criminal resperaibdity shall not be fixed at too tow an age level Bearing an milld the facts of fmental and mieflecivel matunty". In gansonance with thes principle the mental ard imiclicctual mahenty of juvcmbe of chikd or a juwenile i conflict woth law below exghicen years in considered istic icrl thescmrgheot thee swiorbl (4) Provederal proecron of maaceece-All procedural sadeguarts that ase guaranteed by the Constaution and other statutes tc the adits al- Wd that go im bo etrongthen the juveniic's or child's right tw fd Frown of depul wd anal purafion of hteen - vwen bes in comfhict ‘with Line hawe a right to be miformed about the accusations agamst them and a right to be legally represented Provisions must be manic for guardian ad iim kegel aid and uber much assiccance through “legal services af State expense Mts shall also amciade such juveniles inght to present his cane helore the competent authority an his cen, AL Promcypte of abygrury sonal wernt fad Treatment that i comastent with the chit sense of dapnity and worth is a fundamental principle of juvemibe justice. Thuis principle reflects ie fundamental human right enshrmed in aricle | of the ‘Universal Declaration of Haman Reghts that all baman beimgs are lborn free and equal in decmity and rights. Respect of dignity includes not being humiliated personal identity, rene py en respected, mot being labeled and stigmatized being information and choices and not bring blamed fir thea acts, () The juvenile’: or childfy right to dignity and worth has 10 be respected land protected throughout the entire process of dealueg sth che child fron the fir comtact with hw enforcement agencecs ik) the implementation of all meaiures for dealing wath the chalet UE Prescipde of right tes he bear very chikd's might to express. his views Greely im all mamers affecting bis interest shall be fully rewpected though every stag the process i 1 Principte of best taterent far) ell dochaons takcn wither the context of admonrsiration off jarvenile _pshee, the principle of best interest of the juvenile or the juvenile in onflict with Lim or cheld hall be the primary comuderaticon. (hd The principle of best interest of the paventic or juvenile mn conflict with law or child shall mean fiw instance that the tadit=onal otyectives of criminal justice retnbubom and repression, mast gre ay to nehabibtative and restorative objectrees of jvemile justice fey This principle secks to mune physical. emotional, intellectual. social and moral development of a juvenile in conflict with law oF child 60 a lo crmame the safety, well bring and permanence for cach cheld and thats enable each child iu survece anf reach ills or her full pootersial 1, Principle of famby vapmennbdcy (a) The peamary respoen ibildy of bringing up children. prowidkeng care, support and protector stall he with the biological parents Nkewcwcr, im cxceptional situations. this responsibility may be bestowed on wilheag adoptive oF foster parents. 7h) All decmin making for the child chowld involve the family of orig UES et in the Dest iter of the chikd we do no fc) The family-bsokogical, adopteve or fxiter (on that order), must be held resporuble ad pro ide necessary care, support and profechan to the njovenihe or child unde thew care and custody under the Act unless the heat intereci mesures of mandates dectate otherwise V1 Primcynle of salty (mo hore, ao aba no neglect no expluianon sired no malirntomend) fa) At all stages. from the initial contact till wach time he remains on comtact with the cant and protection system, and thereafter, the juvenile or chijd or juvenile im conflict with law shall not be subgected ia my harm, sbuse, megkect malircatment. corporal punshment or soltary or otherwise any confinement im jails and extrome care shall be taken to avoed amy harm to the sensitrrity of the jarwenihe oe the child it) The State has a great responsibility for enauring safety of every child in its care and pectection, without restoring to restrictive measured and proorsses in the name of care and protection. VIF Posrreg eearures, (a) Prowitions must be made 10 enable positive measures that involve the full mobilization of all possible resources, including the family, volunteers and other commandty group, as well as schnods and other munnsircam community mutituticm of processes. for the purpose of promoting the well-being of the juvenile or child thvotehy iniwidual care plas carefully worked ox. (th) The positive memtures chall aim st reducing vulnerabilities and reducing the need for intervention under the lw, 23 well as effective, fair and humane deahng of the juwenale ew child fc) The positive measures shall include avenues for health, education, ielationships, livelihoods, lenure, creativity and play fd) Such positive measures must facilitate the development of identity for the child and peovide thee with an inctosive and enabling envwoneens, PRD Princaple of nom stagmatcing wememica. decisions ond actions: The non-stigmatining semantics of the Act must be sirictly adhered to, and the we of adversanal of sccuxstory words. such as. arrest, remand, accused. charpe sheet, trial, prosecution, wamrrari. summons. cooricton, anmate, delinquent, nepiccied, custody or jail és prohibsned mi the processes pertaining tthe child or juvenile in conflsct wily lew Principle of nan-warver of righex: . fa) Mo waiver of nghis of the chikd of javemile in conflict with low, whether by himself or the competcrt authority oF anyone acting oF claiming to act om behalf of the jovesile on child, is either permixsible or walled (hy Noo-cxercise of a fundamental right docs mot amount to waiver, AX Pronciple of equaisty amd mon-diace winston“ fa) There shail be no dincramunation against a child ot juvenile ws confbct awith Line on the bases of ape, scx, place of Irth. disabildty, health. ‘status, race, ethniciiy, religion, caste. cultura) prachces, work, acttvity ot behaviour of the juvenile or chald or that of his parents oF quandians. of the civil and political status of the juvenile or chil yh) Equality of acces, equality of opportunity, equality in treatment under the Act uhall be guarantoed to every child ot juvenile -pomflvct with Law, A. Princeple sof raght for privacy anal confislemtaalaty ‘The juvenile’s of child's right to privacy and confidentiality shall be protected hy all mcans ane! through all the stages of the proceedings and cart and preicchom processes. MI Principle of last reseet- Insttutsonaliraten of a child of javemie in comflact with Lew shall be a step of the last resort aftcr reasonable inquiry and that oo for the oninenam possible duration ALIN. Principle of repatriation ond reatoesiticat a) Every janenile Or chabd of juvenile om conthe: wich baw has the right to he re-united wat hin family and restored back to the sane tocaa~ ecommic and cultural status that such jevenile of child enjoyed hefiwe coming withie the purview of the Act or becoming veinersble to any form of neglect, abuse or explostation (A) Any juvenile or child who tas lost crmtact with his family, shall be cligsble for protection under the Act and shall be repatriated amd resored. al the eartiest, 19 bis family, wnkess such repatriation and Fesormon ts bkcly to be meainat the best interest oof the juvenile or shee abil JI" Principle of fresh atart fa) The principe of frevh stant promotes mew bepenning for the cbikd or juvenite im conflict with Law by ensuring erase eof hts past pects vi) The State shall sock to promote meniures for dealang with chulnen alleged of recognaed at having impinged the peral baw, without resorting to judheual proceedengs, CUAPTER UT JV ESTLE IN CONFLICT WITH LAW 4. Juvenile Justice Hourds-Thete shall be one or more Juvenile Juste Ploards in every district. which shall be constituted by the State Gevernmet a per section 4 of the Act $. Composition of the Juvenile Justice Board_41) The Hoard shall consist of 2 Metopolitan Magistrate or a Judicial Magrstrate of the first clans. an the came may be. and Yeo social workers of whom at least one shall be a scnan, Formung a betas Provided that the Frncepal Magistrate of the Aloard shall review the ”pendency of cases betore the Board and take such sicpa ax may te necessary in the expeditions diapenal of the cases. (2) Every such bench shail have the powers conferred hy the Cade of (Chumenal Procedure, 1973 12 of 1974p. (A) A Magicrate wah special knowledge or wammg m cheid peychology or child wetfere shall be designated ax the Principal Sstuggintrane of the Thoard. fal Ia case the Principal Magsstrate with such special Lmowledge of tracing 1h ret available, then. the State Governencrt chall prowide fivt such vhort-term training in chikd peychology o# child welfare, ax a comuiders RECEMAATY: (4) The reo social workcr, of whoem mt beat vac shall be a seman, shall, be appointed by the State Chivernmcat on the retcwammendation wf the Selection Commitice set up ender rule OF of these males (4) The State Goverment shall prowide for such iraiming and orientation in child peychology, child wellare, child rights, national and intcmatsonal standards for juvenile justice w all members of the Board as Mf comiders necessary, im accordance wih the Integrated (Child Pronection Scheme ef the Central Government 6 Femore of tiee Board.—(1) The Board shall have a tenare of three year and the appointment af mémimert shall be co-lerminus with the temute of the Huard (2) A social worker being a member of the fhoard shall be cligible for apparivent fora maximum of fo Cosmccutive Retna (3) Any extension of the tenure of members ef the Haard chal he om the havis of then performance appraisal by the District Cheid Protection sit of the Sume Governmest and on the recommendation of a Selection Commattce constituted for the purpose and the performance sepaisal of members of the Hoard shall necemarily amex ther Parhcipation in the proceedings of the Board and cominiution in came enpnal (0) A member may feugn amy time, by gring one month's advance notice Wo writing of may he removed thom his office a prowide! in wubacchom ($) ef sechas 4 of the Act 14) Amy vacancy ia the Board may be filled by appointment of another penn fim the panet of mamca pecparcd by the Selection ‘Commuttce, and shall hold office for the remaining torn oof the owned 7. Qualifications for Members of the Board.(t) The social worker te be member of the Etoand shall be a penon nog less than 35 years of (2) he person shall be considered for selection as a Member of the Bhaard, of be- ao afa) has been convicted uncer ary lew, ih) have ever indulged on child abwse of employment of chikd labour ot «any other buena rights viclations ot immoral st fe} (9 balding ch ceber occupation that does not allow hum to give necessary tame and attention ho the work of the Hoard, . jd) does not fulfill the qualification and expenence presctibed om the Act and the rules made thereunder and in such a cae the Selection Commuter thal after due inquiry and on cstableheent of such fact. teect his apphicabon and recommend the name of the next persan from the list of names prepared for filling the vacancies K. Sittieg and comvryance allowances The social worker members off the floard shall be paid such travel and sitting altowance, as the State Coven! Ment may driernene, but it shall not be less than rupees five hundred per vein. 9, Sittings ef the Hoard. 41) The Gourd shall hold its setangs in the premacs of an Observation Home of, af a place in proximity to ther obscrvation home o¢, at a smitabée premise im avy instituten rum under the Act and ill no cirqumstances vhall the Foard operate from withon amy Court premmnes. (2) The premises where the Board holds ay wtmmge shall be child- fiendly and shall mot took like a Courroom in amy manner whatenever, for example, the Board shall not at om a manned plactorm and the sating mrangement shall be wnaform. and there shail be rer ‘witness bawes. 13) The Ploard shall mect oo ail working days of a week. undess the case = pendency at lews ims parteculsr detract and Coucerned muthority 1suac a exter iv this regard 14) A minsnum of three-fowrth amendance of the Chaepenon and Member of the Hoard is nccemary im a year (8) Every member of the Hoard shall attend a minamur of five hours per ating 10. Functions of the Board: The hoard shall perform the following hanetions. toachacve the obpectives of the Act, namely - fa} dclyndicate and depose cates of juvenses in confPict with bru: (Y uke cognizance of crimes commeted under sectiom 23 to 2 of the Act. fe} memaorng invitations for juveniles an conflict with law and seeking compliance from them in cae of any peticesbie lapues and improvement haued on suggestions of the Board. ¥ (ul) deal with non-compliance oa the part of concerned Government finctimanet of functonanes of voluntary crpamacaticen, as the cand man be. in accordance with due proces of ew, fa} pane necessary direction to the distract authority and Police us create OF provele mocessery infrasinactare or faceties bo that minimum tamdards of justice and treatment are maintained wr the epira of the: CT ata Yienaimtain hanon sith the Committee i reipect of comes ncoding care and protectin, fg) tianom with Moards in other districts to facilitate speedy inquiry und deypenal of cance through due process of law, fh) take suitable ction for deaking with unfowrscem setuathans that say ne on the implementation of the Act amd remowe such dafTicultacs i the best interest of the juveril fib vend quartet!) ielormaton about juveniics in contfict with law produced before them. tothe Distinct, State Child Protection Umit, the ‘Mate Camcmment and also ha the Chief Judicial Magistrate of Chict Metropolitan Magiarate for review under sub-section (7) of section Woof the Act. GF any other function aasegmed by the State Government from time mo time reiating wath juveniles i govnflsct with Law I, Pre and Post-production action af Police and other ageecies.4|) A» soon as a juvenile alleged ter be im conflact with luw ts apprehended by the Police, the concerted Potice Offiner shall unfore + fat the desegnated Aewensie of the Chikd Wiellare (ffecer ms the nearest Folge Staton to the chaspe of the mamer, (Bi) the parents oe guardian of the juvenile alleged to be i conflict sain fiw atid the appecheruion of the Juverale, about the address if the Hound where the javemle will be produced and the date and time when the parent of guardian need te he present Betory the Rowrd fed the eomecmed probation officer, of such appechersion to erable him by oblaan miormation regarding social hack prownd of the jevenste and ceher material corcummtances likely io be of assistance to the Board fo conducting the anquary 12) Soom alter aporchension, the juvenile shall be placed under the charge of the Juverite or Child Welfare Officer from the nearest Police Stabon. who shall prodwat the juvenile before the Board werihie teenty-hur hours as per sub-section (1) af sochow 10 of the Ast and where such Jlvenle or the Child Weltare Officer has tot bern Gougnaicd as per provisions lait down under sub-section (2) of souhen Oh ol the ACL On ms nad availabe ft sone waco reason. the Poor Ofiger whe had apprehended the juvenile shall produce haw beher the Board (0) The Polce apprehending a jewerile on coeflict with Law ehall im no cane send the mevendic in lockup or delay his charge beong tram ferred to the Joweniie on the Child Welfare Officer from the nearest Police Manor ot such an officer ha bece devernated: 14) A tet of afl designated Juvenile or the Child Welfare Officers ov a district aad members of Special Juvenile Police Uma with comiact details shail be prominenity daplayed in every Police ‘tron a1S) For gathenng the best available information it whall be iscuenbest upon the Police of the Juvensle of the Child Weblare Cifficer frome the fearest Poor Staton to contact the parents or puardums of the juvenile and also approe them of the juvenile's law breaking. behaviour om (6) The Police of the Juvenile or the Child Welfare Officer from the nearest, Police Station, shall ale record the social hack ground of the juvenie and circumstances of apprehension and offence alleped to have been committed im the case dhary of each juvenile, which thal! be forwarded ts the Board forthwith, (7) The Police or the Juvenile of the Culd Weltare Officer focen tie feared Puke Station, shall cxercie the power of apprehending the javenile only in cases of bis alleged arvolvement in serous otlcnces ave sre of more than 7 years imprisonment for 7 (8) In such cases where apprehension apparcnity seems to be on ihe imerest of the juvenile, the Police or the juvenile or the Child W etlane Officer from the nearest Notice Station. shall rather treat the jorv erie 4 a child in need of care and protection and produce bir te fore the Hf ith) of these rales. 19) For all other caucs anvodweng offences of non-serious Rabure (entailing A pundtiment of less than 7 years imprisonment Gor adulty) wand cree where apprehension 1 mot necessary im the interest af the juverube, the Pobce or the Jawende of the Child Welfare Officer trom the nearest Police Station, shall intimate the parents or guardian of the 111) bn dealing with cases of jeveniles in conflict with law the Pobse ot the juvende of the Child Welfare Officer from the nearest Police Stabon, shall not be required to regener am F1K or file a charge-vhect, Except w heve the offence alleged to have been commined by the juvende is of a senous nature such as rape, murder of when such offorce iy wlkeged to have been commirted jounily with adulee, iestedd, an mation involving simple offences, the Police of the(12) The State Government shail tecogmze only such voluntary de of Probation. counseling, case work a sale place and aus axsociabe with The Police of the hnvenite of the Child Welfare Coficer tram the wpecial Juvenile Poor Line and have the capacity, facihtics and expestine to do so ax protection agencics that may axsut the Police of the Juvenile or the Child Welfare Officer trom the Police at the time of appretammion, in perparation of the rept containing soctal background of the juvenile and circumstances of apprchenuoe and the alleped offence, in taking charge of the juvenile untill provtuction befiwe the Hoard, and im actual production of the juvenile before te Plnand wither teenty—four beer 4113) The Poboe or the Juvenihe or the Child Welfare CM ficer from the Special Juvenile Police Unt. of the recognized wohuntary Orgarazabon shall be respornible for the salty and provision of food and basic amenities to the juveniles apprebeaded or Lepe under their charge durong the period gach juveniles are iat them (14) When a jowenle ix produced before an indrvidual member of the Hoard and an onder obtamed, such order shail need ranfication by the hoard im its rat meeting. 12. Procedure to be followed in deiremination of spel) Im every cane conceming w child rr a jawenile in comfct with live, the Court or the Taant. as the cong may be, the Commuatiee refered to in male 19 of these rales shall determing the age of wach juvende or child or a juveniic in conflict with Law ‘within @ period of thirty days from the date of making of the application foe that purpose (2) The Court or the Hoard of, as the case may be. the Committee shall decide the povenility or otherwne of the juvenile on the child or, as the case Tay be, the juvenihe on comlict wethy haw, sores Jarre cn thee ean of plywical appearances or decoments. if availabic. and snd hhien a0 the observatioa hose on tm past. G3) In ewery case concerning a chub ov puyenihe in cowflict wethy Law, tthe we inguiry shall be conducted by the Coun) or the ‘Fhoard of on the cane may be. the Commer by socking evidence by cobtacung fan the matriculation or egpamatent cenilcaics, of avaiable. and wn ube absence whereof! Fie the date of berth cenaficate from the school (other than a play echo) first anended. and in the atsence whercot, fits) the birth certficae given by a corporation of a muaicxpal authority ona panchayat 7) and onty in the abwence of either fu fy or fen) Of Clune fay above the mndecal opinion wilt be sought from a duly comsieturied Medical Hoard, which will declare the ape of the juvenile or child. In came exact ascument of the age canmot be done, the Court or the Hoard “4‘cot, as ther case may be. the Comumitive, for the reasons 80 be recorded by them, may, if comudered necessary. give benefit te the child ot juvenile by comidering hivher age on krwer side wuhin the margin of one year, afd, while passing orders im such case shall, afer tabang imo considersice such evidence as may be available, o¢ the modwal opinion, a the case may be, recon a finding in respect of hes age and cither off the evidence apecitied im amy of the clauses (ui/t), (oth, fits or in the absence whercol, clause (A) shall be the conclutive proof of the age as regards euch chid or the juvenile im conflict with law (4) Hf the age of a juvensle or child or the juvenile im conflict with law in found ta be below 118 years on the date of offence, on the basis of amy of the conclusive proof specified in wub-rule (3). the Court ot the Board of, a5 the case may be, thee Commatoe shall in wring pass an order stating the age and declaring the stats of juvenihty or otherwise, for the purpose of the Act and these rules and a copy of the order shall be grven to such juvensle oe the person concerned. (S) Save and except where, flanher inquiry or ocherwing is required, baer aha, ia termes ef section TA. section é of the Act and these rules. no farther inquiry shail be conducted by the Court or the Board afer uumining and obtaining the certificate or any other documentary proof refered to in sub-rule (3) of tds rake (6) The provisions contained im this rule whall also apply to those committed peowided by the officer. imdrviduals agencies provka-mg the juvenile shail be reviewed by the Hoard, are) the Bloand shall pass che follreung, order im the first sarmmary inquiry on the samc dary, mamcty:- fa) danpose off the cane. of the evidence of thet conflict with Law appears to be unfounded ot where the juvenile is evolved im trivial low breaking. (Ay transtet ta the Comeraner, mamer concerning precnales clearly staed to be in need of care and protection in the Police rcport submitted to * thee Hoard at the tame of procuctaen of tte juvenile, 7 fc) nelease the juvenile im the superviion or Cumindy of fi persons on fit imtebons. of probanon officer. as the cast may be. throweh an onder in Form L wich a direction fo appear or prescet a jprventle fon an inquiry on a ment date (ff) detasn the juveniie in an Obsereation Hone of fit anateution pendeng inquiry, only bn case of juvenile’s involvement in serious offences as per in order in Form it: 4sfe} wn afl carey of reicase pending myuary, the Bowed shall rotaly abe next date of hearing, ot laver than 15 days wf the first siemmary enepeiry and also seek social mvesiegstaon report trom the concemed Probation Cifflcer through an ender em Form (il; (2) The Board shatl tke the folowing Meps to ensure for und speedy (at at the tiene of initiating the wxpuory. the Hoard shall satisty vtsctf thae the javenile in conflict wuth few has not been wubjected to any sll. trcaimend by the Police or by any cther person, anctuding a lawyer or probation officer and take comectve slept in case of wich ill ucmiment, (0) em all Cases under tte Act the proceedings shall be conducted tm ax timple a manner as possible and care shall be taken to cnsuire that the juvenile, against whom the prococdengs have been instituted, is given: child-friendly atmosphere during the peoceedungs, te) every juvenile brought before the Board shall he piven the opportueity to be heard and parhe pate i his inquary. 1d) cases Of petty offences, if not disposed off hy the Special Juvemile Police Limit of at the Pobce Staton itself may be dapesed off by the Hoard trough wuamwnary proceedings of mquery, while m coe of heinous offences entailing punahment of T years of imore, due PRAT off inquary in detail anay folhow, feleven in cases of inquiry pertaining to serious officnces the Flown shall Helen tt precoder’ hel tonunes canes (0) When waneses are produced for cxumination im inquiry relating toa juvende an conflict with tow, the Board chal keep i mund that the inquiry i not to he conducted mm the spine of sarict adversarial Proceedings and it shall we the powers confernad by section 163 of the Indu Evedence Act, 1072 (1 of 172) x0 as bo question the javendle and proceed sith the presumpbons that favour the jewenshe’s reght to bse restiowed 14) While examining a jeverite in conticl with bw and recording bes stmemem, the Hoard shalt actress the purveniie im a child-friendly mumner in order to pot the juvenihe at case and to encourage him 1 ‘state the Lact and circumalances without ary feat, not onty on respect of the offence of which the jrweme és accuned. bet alr in respect of the home and social surroundmes and the influence tur which the peers mgt have heen subyected bri ideo dees ordarmmbasbe! waltebonbiwa fener aad ercumstance of appeehcmion and offence alleged i» have born commatied and the social imestigation report in Form | prepared by the Probation OMficer or the voluntary organization on the orders of the Fowed as per Forms ti, slang wath the evidence peuduced ti the Parties Gov arriving at a comctanicn about the juwensle, (8) Every inquiry by the Ehoard shall be completed within a penod of 4i (7) to all other cast except where the nature of alleged offence . serious, detay beyond four to xn mothe shall bead to the termamaticet of the procecdangs. Uf) Where the proceedings are delayed beyond sx mands om account of serous nature of the offence alleged to have ficen coermmaticd by the juvenile, (he Boord shall send a periodic report of the cise Wo the (Uiaed Jadicral Magmirac of (vet Metropolitan Magistraic susteng the reason for delay as well as sicps bemg taken to cxpediir the ML Legal abd (1) The procecdings betore the Hoard shail be conducted rervadversarial coviroement. but with duc fepard ko al] the dug process paaraniees such as night to counsel and thee heal aad, (2) The Board shall ensury that the Legal CpTicer im the Drstract Chul Frotechon Und and the State Legal Aid Services Authority shail extcnd free legal services to aff the juvenibe wi covlict wath fave ” (0) The Legal Officer in the Ukstnet Child Protecnen (Limit and the ‘state ‘Legal Asi Services Authormy hall be under an obligation to provide legal services sought by the Ioard (9) ln the event of chowrtall on the State Legal Aid Servicers suport. the Nourd ghall be resporuitle for seekung legal Services from reeugnizcad r woluntary legal ser ices orgamhathons of the uneveruty legal sorvaces cmc 1S) The fioard may ahs depley the services of the student legal services ‘volunigers and NowGovermmental Organisation voluedeets i part legal tasks such as contacting the patcals of pryenies in contlacn with ‘law and pathorang pelevait social and refabiitatieg information eb the paveniles 14, Completion of inquiry and dispoyitional alternatives.- (1) The Meant shall complete every inquiry within the stopalated tare: ef foot montis mnel ont moonding a finding about prvenile’s imelvement inthe alleped offences, pans ime of the seven diipradtional eeders enumerated mn secten 15 of the Act (7) Before pasuing an onder the Fiard shail obo a sgl amvestrgation: report prepared by the probacum officer of by a weluntary ‘organiaatum andere to der war by the Foard. and take the findings of 4 the port into we count LU) All dupositions! orders passed hy the Board shall necessarily enchude an individual care plan for she concermed juvenile bn conflict wie law. prepared by a probate officer or voluniary onganaation on the ania of interaction with the jorveribe and his Lamuby where posable (4) Where the Board decides to relemse the javende after advct and aAGRON Of afer PArCEben i proup counselling on onder. hire jo perform communsty service, ncccisary direciaon may alsa Ibe made bby the Round to the District or State Child Protection [nite the Stair Government for «ranging uch individeal cournelling, group . coumedling and commainity service (3) Where the Hoard dectdet to neleme the juvense in confit with law vom probation und place him under the care of the parent oF purantian . of ft person, the penon a whose custody the juvenile is rebessed may be required to subemd a wrifinn undertaking in Form V foe the pond behaviour and well-being of the prvenile for a maximum periced offthree years. 6) The oard may onder release of a javenile im conftict with law on AccuON of a personal hand walhout surety in Form V1 (7) inthe event of placement of a jewendc an comthet wich law im care of a fi institution of special home, the Cloard shall keep in mind that the fit entrtution oF special home is located pearcet to the place of vrendence of the juverle’s parca or puardian (8) The Doard, where mt reiewset a piveniie in conflict with law on peobstion and places ham under the care of paRERL of gushdian or fit enon of where the juvenile is rekcased en probanon and placed wander the care of fit institution. may onder that the jrveniic be placed . under the wupervision of a probation officer. The perixt of Supervision shall bea pavieun of three years (9) Where the Hoard decides that 4 preendle in conflict with Law ought to be treated as a chil in need of care and praizction, it shall make necessary order for production of wach juvenile before the nearest , ‘Commune for suitably care, protection and nebabyltation, (10) Where a appear to the Board char the juvenile in conflict with baw han not comphed with probation candice if may ender the puwenthe fo be sory for desenticet it a apecual home, (1) Whore a juvenile i conic woth Law mbo has attained the ape of enters yearn and the offerce comenated: frature thal in the satslactaon of the Phoard. it nether ir the brtcresd of the juvenile beracl? nor im the interest of coher yuveniles of the pti seer ard cactedsssdoncrbpad afoot tants gond Of Lafety and in a manner Cotsnhcwd mond appropriate by (pin Ti Sow Silat ad ls tacos ec este ta the detention of spexeal emicpory off puvemalcs sm comflact with Law in Place of tatety other than the spevsal home 413) In mo case the pevind of dctention shall exceed beyond the 1 ‘maxima peri provided en vlame tg) of wb-serion (1) of section 1S of the Act 16 Settitistions for juveniles im conflict with law_4 1) The State Gowernement * ov the voluntary organinahon recognised by that State Government chall set up scpanaic obsenemion homes of apeciad hemes tor beya and girls, a