Beruflich Dokumente
Kultur Dokumente
Justice
Prayas Institute of Juvenile Justice
59, Tughlakabad Institutional Area
New Delhi-110062
Telefax: 011-29955505, 29956244
Website: www.prayaschildren.org
Who is a Child?
• According to the UN Convention on Child Rights and
Juvenile Justice Act, a child is someone who is less than
18 years of age.
CHILD RIGHTS:
• Child Rights are fundamental freedoms and the inherent
rights of all human beings below the age of 18. These
rights apply to every child, irrespective of the child's,
parent's / legal guardian's race, colour, sex, creed or
other status.
Child Rights
• In 1992, India ratified the United Nations Convention on
Rights of the Child. The Charter of Child Rights (CRC) is built
on the principle that "ALL children are born with fundamental
freedoms and ALL human beings have some inherent rights".
The Charter confers the following basic rights on all children
across the world:
• The right to survival - to life, health, nutrition, name and
nationality
• The right to development - to education, care, leisure,
recreation
• The right to protection - from exploitation, abuse, neglect
• The right to participation - to expression, information,
thought and religion
Juvenile Justice (Care and Protection
of Children) Act 2000
• JUSTICE
• OPPORTUNITIES FOR THE GROWTH
• DEVELOPMENT OF CHARACTER &
• REHABILITATION OF JUVENILES / CHILDREN
PREAMBLE
An Act to consolidate and amend the law relating to
juvenile in conflict with law and child in need of
care and protection, by providing for:
– PROPER CARE;
– PROTECTION; and
– TREATMENT by
catering to their development needs,
adopting a childfriendly approach
– ADJUDICATION AND DISPOSITION
in the best interest of children
for their rehabilitation
CATEGORIES OF CHILDREN
– (a) Child in need of care and protection means a child
– who is-
» Homeless
» Having incapacitate parent
» Abandoned, missing or run away
» Victim of natural calamities
» Victim of armed conflict
» Victim of civil commotion
» Victim of sexual abuse
» Mentally or physically challenged
» Mentally or physically ill
» Suffering with terminal diseases
» AIDS/HIV affected
» Drug abused or trafficked
PROVISIONS
Setting of special juvenile police unit in every police station
Police officers to be instructed and trained in child issues
Handcuff of juvenile/child prohibited
Child / Juvenile can’t be kept in jail or lockup
PRODUCTION OF JUVENILE
Special juvenile police to produce juvenile before juvenile justice board
Police officer may hand over the juvenile to VO
Produce the juvenile before the JJB
Juvenile must be produced immediately before the JJB
Police must inform the parents of arrest of the juvenile
PRODUCTION OF CHILD
Special juvenile police to produce the
Child in need of care and protection before the child welfare committee
Contd.
• According to Juvenile Justice (Care and Protection of
Children) Rules 2007, in cases where the punishment is
below 7 years, a police officer cannot file an FIR and can
only make a DD entry.
• The police should prepare a Social Background Report
(SBR) of the children and submit it to the JJB along with
all other documents e.g. DD entry, a report on the
circumstances of apprehension, school certificate of the
children if any, report of informing parents of the children
if any, report of informing the Probation Officer (PO) if
any etc
Contd.
• After the DD entry, as per the Juvenile Justice (Care and
Protection of Children) Rules 2007, the police could hand
over the children to their parents and ask them to bring
the children to the JJB on the day the police would
produce all documents before the JJB.
• Ideally, since the law requires the police to produce such
children before the JJB within 24 hours of apprehension,
in cases with punishment of less than 7 years, they
should produce all the paper work (at least the DD entry)
before the JJB within 24 hours of the matter coming to
their notice and seek a time from the JJB for preparing
the SBR.
• The JJB would subsequently call the children as and
when required.
Contd.
• Another possibility is to let the children be in the police
station, but not in a lock up, along with their parents till
such time that they are produced before the JJB, within
24 hours.
• If the children are homeless then the police should
mention this fact clearly in the Social Background Report
(SBR) of the children and take them to the Observation
Home for Boys (OHB). Similarly, if their parents are not
willing to take the custody of their children, the police
could take them to the OHB and then produce them
before the JJB the next day, within 24 hours.
Contd.
• As per law, a child in conflict with law can be produced
before a single member of the JJB. If a member is
physically unavailable, the police can inform them over
the phone and seek necessary orders or directions.
• There are no link Magistrates attached to the JJBs.
Hence it sometimes becomes difficult for police to decide
on the course of action. If the JJB is not sitting or a
member of the JJB is not available, the police should
produce the child before a regular Metropolitan
Magistrate / Duty Magistrate with a detailed report on
circumstances of apprehension and seek orders for
placement of a child in the OHB till such time that the
child is produced before the JJB or a member of the JJB.
Contd.
• According to sub-Rule (9) of Rule 11, there shall be no
FIR in matters involving punishment of less than seven.
Since the police will be required to file a Final Report,
canceling the FIR, there is no question of filing a charge
sheet.
• On the issue of charge sheet in matters involving
punishment of seven or more years, the Cr.PC shall
invariable apply. Since the JJBs are required to complete
all inquiries within four months, by way of practice, they
have been asking the police to file the charge sheet
within 60 days in matters involving children. If it is not
possible for a police officer to file a charge sheet within
this time, he can file an application in the JJB with a
written explanation for seeking more time.
Some Important Do’s and Don'ts
for Police
• Juveniles in need of care and protection.
• The police control room must be informed.
• Physical needs of the juvenile, like hunger or thirst or the need to
go to toilet should be properly attended to.
• An entry in Daily Diary/ General Dairy should be made giving
particulars of the children and reasons for coming to the police.
• A report on the prescribed Performa must be sent to the Missing
Persons Squad through District Missing Persons Unit.
• Women police must accompany a girl on being produced before
the Committee.
• If the parent is known, the child is to be restored.
• The children shall not be kept in the Police station.
Contd.
• While handling the juvenile in conflict with law, the following should be kept
in mind:-
• Physical needs of the juvenile, like hunger or thirst or the need to go to toilet
should be properly attended to.
• Extra care should be taken to create an impression when the juvenile is being
questioned that he is not being interrogated as a thief or as a liar but that effort is
being made to find out the truth in order to help him.
• The officer should not lose temper and make false promises.
• No bullying should be done during questioning.
• Display of sympathy and understanding so as to give the impression that the
police officer is mainly interested in the welfare or good of the juvenile.
• Enquiries from the juvenile should be in privacy and in a comfortable environment.
• It should be ensured that there is no distraction when the juvenile is being
questioned.
• The parents and guardians may be allowed to be present when the juvenile is
being questioned.
• As far as possible, the juvenile should not be called to the police station but should
be questioned either at his own home or some other premises which does not give
too much of an official look.
• Care should be taken not to embarrass the juvenile. Girls should be handled by
Women Officers.
• Statement made by a juvenile should be verified from independent sources as
there is a possibility of exaggeration and distortion of facts.
Contd.
• Information to parent, guardian or
probation officer
• The officer in-charge of the Police Station or
Juvenile Welfare Officer or the special juvenile
police unit shall inform the parent or guardian
of the juvenile, direct him to be present at the
Board /CWC.
• He shall in form the probation officer of such
juvenile to enable him to obtain information
regarding the juvenile’s family background.
Contd.
• Determination of age.(Sec.49)(Rule-12)
• In case of doubt, the benefit of doubt shall be in favour
of the child in conflict with law for treating him/her as
juvenile.
• In order to collect age proof, efforts should be made to
collect his school certificate, municipal certificate, copy
of ration card etc.
• If no document is available, ossification test may be
conducted to ascertain the age.
• Age to be determined within a period of 30 days from
the date of application before the Committee.
THANK YOU!