Table of Contents
Procedure in relation to Children in conflict with law under chapter IV of Juvenile Justice act
Procedure in relation to Children in conflict with law under chapter IV of Juvenile Justice act
Procedure in relation to Children in conflict with law under chapter IV of Juvenile Justice act:
Before looking into the procedure relating to the children in conflict with the law, it is important to define who may be considered to be a child in conflict with the law. Section 2(13) of the Act deals with who shall be considered to be a child in conflict with the law. It means a child who is alleged to or found to have committed an office and who has not completed 18 years of age on the date of commission of an offence[1]. Under chapter
IV, Section 10 to section 26 of the Act deals with the procedure in relation to children in conflict with the law.
Child to be taken custody by a special police unit or juvenile officer:
As per section 10 of the Act, the child who has been alleged to be in conflict with the law by the police shall be taken into the custody of the special police unit or the child welfare officer, who shall have the responsibility to take the child or produce the child before the Juvenile Justice Board constituted under the Act for this purpose. The rules for these officers shall be framed by the state government[2].
Bail: when?
Under section 12 of the Act, bail shall be granted to the child who has been brought before the board for the commission of any bailable or non-bailable offences. Provided that if the need arises or the board thinks that there needs to be an inquiry or if the release might prejudice the interest of justice, then such board shall not grant the bail and can proceed with the procedure applicable in cases when such bail is denied under clauses 2 to 4 of section 12.
inquiry by the board on offences:
Section 14 of the Act gives the procedure for holding the inquiry for heinous and non-heinous crimes by the board when a child has been brought before the board, including the time period within which the matters should be disposed of. Clause 5 of section 14 ensures that certain steps are taken for fair and speedy disposal of the matter[3].
Preliminary Assessment of the Child:
Section 15 states that if a child has been found, upon inquiry, that he has committed a heinous offence, then the board has the responsibility to hold a preliminary assessment of the child to know his mental and physical capacity and his ability to understand the consequences of committing an offence[4].
Review by CJM/CMM:
Section 16 vests the responsibility on the Chief Judicial magistrate or metropolitan magistrate, as the case may be, to review the functioning of the board every three months and to direct the board in case pendency of cases before it as and when necessary[5].
Orders by the Board after Inquiry:
Section 17 and 18 empower the board to pass an order or a directive, as the case may be, after holding its inquiry upon the matter brought against the child. Under section 17, the board may make its order as needed to the child if it finds that the child in conflict with the law has not committed the offence. On the other hand, section 18 also empowers the board to take necessary steps such as ordering the child to go home, to perform social services and other orders as per sections 18 (1)(a) to (g) of the Act.
Section-19 states that once the preliminary receipt was done by the board, then the children’s court has to decide whether there is a need for a trial of the child as an adult under the Criminal Procedure code or not. Generally, the final order of the board has to ensure that child who is in conflict with the law has to be sent for rehabilitation or to send the child to a place where the child can safely work till the child attains 21 years of age. It is the duty of the probation officer to periodically follow up on the progress of the child and prepares a report which will be sent to the children’s court on a yearly basis.
Section-20 states that if the child attained 21 years of age but didn’t complete the prescribed term of stay in a safe place, then the probation officer or the district child protection unit or social worker can evaluate the progress of the child and has to submit a report to children’s court, and based on the report the children’s court can release the child on reformative ground or can let the child complete the term to stay in a safe place.
Section-21 states that the child who is in conflict with the law cannot be sentenced to death or life imprisonment without providing the possibility of release.
Section-22 states that no proceeding or the order shall be passed against any child under chapter VIII of the criminal procedure code, which states the security for keeping the peace and good behaviour.
section-23 states that a child cannot be joint proceedings of a child who is in conflict with the law, with a person who is not a child and if during the inquiry by the board or the children’s court if the child was found as not a child, then he or she cannot be tried as a child.
section-24 states that if a child was committed an offence and was dealing with the provisions of the Juvenile Justice Act, then the child should not suffer any disqualifications attached to a conviction of the offence. The board or the child’s court will direct the police to destroy the records of such conviction after the expiry of the period of appeal.
Section-25 states that all the proceedings with respect to a child who was found to be in conflict with the law, pending before the court or board on the date of commencement of this Act, shall be continued in that board or court as if this Act had not been enacted.
Section-26 states that the police officer has the power to take charge against a child who is in conflict with the law if such child runs away from the place of safety or protection, home or observation home. And the child has to be produced before the board, which passes the order or before any nearby court within 24 hours. And the board has to ascertain the reason for the runaway by the child.
