Procedure in relation to Children in conflict with law under chapter IV of Juvenile Justice act: BareLaw
To begin with, who is a child in conflict with the law? prior to outlining the procedure related to children in conflict with the law, it is necessary to identify who falls under this category. According to section 2(13) of the Act, a child in conflict with the law refers to a person below 18 years old who has been accused of an offense or found guilty and has not completed the age of eighteen years on the date of commission of that offence [‘Child in Conflict Law’]. Moreover, chapter IV, Section 10 through section 26 deal with procedure regarding children in conflict with law.
1.Child taken into custody by special police unit or juvenile officer:
Section 10 of the Act states that when a child is alleged to have been in conflict with law by police he/she will be taken into custody by either special police unit or child welfare officer who would then take responsibility for bringing him/her before Juvenile Justice Board which was formed for this purpose under this Act. The officers should be established by regulations made by state government[ Section 11of act].
2.Bail-When?
In section 12of the act bail shall be granted to such children who are brought before board for commissioning any bailable or non bailable offenses. However provided that if occasion demands or if it considers that enquiry is needed or whether release may preiudice interests of justice than such board shall not grant bail and can follow procedure applicable when under clauses (2)to(4) of section12 bail is denied.
3.Inquiry by Board on Offences:
According to section14of the act on he in ousandnonheinous crimes provides for procedure for holding theinquirybyboardwhenachildhasbeenbroughtbeforetheboardincludingthetimelinewithinwhichthemattersmustbeaddrressed.Clause5ofsection14providesthatsomeactionsmustbetakenforthefastfairandjustredressoftheproblem[ Section 14 of the act].
4.Prelim Assessment of Child:
According to section 15, when an inquiry determines that a child has committed a heinous offense the board shall have to do a preliminary assessment of the child’s mental as well as physical ability along with their knowingness of results prior to committing any kind of offense[ Section 15].
5.Review by CJM/CMM
Therefore under section16 it is Chief Judicial Magistrate or Metropolitan Magistrate as the case may be who would review and oversee functioning of the board every three months and give requisite directions to it in respect of pendency before it[Section 16].
6.Orders by the Board after Inquiry:
Sections 17 and 18 of the Act authorize the board to make an order or issue a directive, whichever may be applicable, after hearing about the matter involving child. The Board has also powers under section 17 to make any orders necessary to be made as to that child if it finds that the child in conflict with the law has not committed such an offense. Conversely, section 18 also grants powers to the board that include placing the child on probation; ordering him or her back home; engaging him or her in community work and other forms of work as required under sections 18 (1)(a) to (g) of the Act.
Section-19 states that once there is a preliminary receipt by the board then, children’s court will decide whether there is need for trial of a child as an adult under provisions of Criminal Procedure code.The final order of the board usually aimed at ensuring justice so that juvenile who is found guilty goes for rehabilitation or put in place where he/she can safely works until his/her reaches twenty one years. It’s therefore upon probation officer to follow up on this rehabilitation process through preparing reports which should be forwarded to children’s court on yearly basis.
Section-20 states that if at 21 years old a child does not finish serving his term in safe custody, it shall be evaluated by either probation officer or district child protection unit/ social worker and report submitted to children’s court on basis which releases him reformatively or let him complete it.
Section-21 states that death sentence or imprisonment for life without possibility of release cannot apply to young offenders since they’re still children though they commit crimes.
Section-22 says no proceeding/order shall lie against any person below eighteen years under chapter VIII relating security for keeping peace and good behaviour contained in criminal procedure code.
section-23 states that no joint proceedings concerning a delinquent-child with an adult are allowed while during its inquiry by both boards and children courts, a child would be found to be an adult person but he/she cannot be tried as a child.
section-24 states that disqualifications attached with conviction for the offence shall not apply on those offences committed by children while dealing with the provisions of the Juvenile Justice Act. The police should destroy records of such convictions after expiry of period of appeal when ordered so by the Board or Child’s court.
Section-25 provides that cases pending before the Children’s Court or Board against a child in conflict with law on commencement date shall continue before such board or court as if this Act had not been passed.
According to Section-26 of the Juvenile Justice Act, the police officer can take charge against a child in conflict with the law who absconds from any place of safety or protection, home, or observation home. Furthermore, within 24 hours of such runaway occurrence he/she has to be presented before the board that passes this order or either one of the nearby courts. Additionally, it is also upon this board to ascertain why a child ran away.
