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Bihar Juvenile justice

Rules,2012
Important new added features
regarding
functioning of JJB /CWC
Presented by:
Nawaz ul haque
Bal Sakha

Functions of the Juvenile Justice


board
1) The Board shall perform the following functions to achieve the objectives of the
Act, namely:
The Board shall initiate action against any media for publishing any matters
relating to the children in conflict with law which would lead to the identification
of the child;

The Board shall order to keep the child in an Observation Home or in a place of
safety as the case may be if the child could not be released on bail to the care
of parents/guardians;

The Board shall ensure that no girl child was taken charge by police between
sunset and sunrise; Provided if the circumstances warrants the police to take
charge of a girl child during such time, the Board should ensure that the girl
child was kept under the care of a female fit person or a relative of the girl
child, who shall also be a female fit person or in a place of safety or in an
Observation Home;

The Board shall, at any stage during the course of enquiry if satisfied that the
attendance of the child is not essential for the purpose of enquiry, may
dispense with his attendance and proceed with the enquiry in the absence of
the child;
(

The Board shall not affect any final disposal of the enquiry without calling the
report of the Probation Officer/Case Worker;

Functions of the board.


Cont.

The Board can also direct the Probation Officer to conduct social enquiry and
furnish the report to the Board and also direct him to cause the
professional/expert opinion on cases pertaining to the psychological/psychiatric
problems of the Child, provided the Board, can also direct the professionals to
furnish a special report about the child in conflict with law;

The Department of Pediatric/Psychiatric medicines of the Medical


colleges/hospitals shall be recognized as nodal agencies for giving professional
opinion.

(2) In all dealings with children, the Juvenile Justice Board shall follow the
Following guidelines,

(a) Child victims/witnesses are informed of their role in regard to Board


proceedings;
(b) Their views are allowed to be heard and respected;
(c) Inconvenience to them is minimized and their privacy is respected;
(d) Delays in the proceedings are reduced;
(e) Aggressive questioning or cross examination of child victims is avoided and
the same, if necessary, is done through the judge;
(f) Provisions are made for trials in camera;
(g) The identity of the child victim is protected;

Cont.

(h) Child victims are prepared for the judicial process and prosecution of
alleged abusers is not rushed if a child is not ready to go to court;

(i) The investigator ascertains the need for medical examination of the
child victim and when examination is undertaken, ensures that multiple
re-examination is avoided;
(j) The medical examination should be conducted in the presence of the
parent / guardian / social worker / counselor;
(k) Childs testimony should be recorded in the presence of a social
worker/counselor as early as possible after the abusive incident;
(l) Adequate translation/interpretation and translators/interpreters who are
sensitive to the childrens needs should be provided wherever needed;
(m)In case of a mentally challenged child, the competent service provider
should depose on behalf of the child;

(n) The special needs of the child victims/witness should be catered for.

Procedure to be followed in determination of age.


Cont..
The duly constituted Board (Medical) shall submit medical opinion to
the concerned
authority within one week from the date of receipt of the order.
If the age of a juvenile or child or the juvenile in conflict with law is
found to be below
18 years on the date of offence, on the basis of any of the proof
specified in sub-rule
(3), the Court or the Board or, as the case may be, the Committee
shall in writing pass
an order stating the age and declaring the status of juvenility or
otherwise, for the
purpose of the Act and these rules and a copy of the order shall be
given to such
juvenile or the Parent / guardian / person concerned.

To avoid misuse of the provision of the Rules, the Social Welfare


Department, Director,
Social Welfare or the District Magistrate of the concerned district
may set up a medical
board, for the determination of age of such juveniles in conflict with
law residing in

Inquiry procedure.
cont..

Cases of petty offences, if not disposed off by the Special Juvenile


Police Unit or
at the police station it self, may be disposed of by the Board
through summary
proceedings or inquiry within one month, while in cases of
heinous offences
entailing punishment of 5 years or more, due process of
inquiry in detail may
follow;

The record of the examination shall be in such form as the Board


may consider
suitable having regards to contents of the statement and
circumstances in which it
was made.

The Board shall initiate action against any media for publishing
any matter relating
to the identification of the juvenile in conflict with law.

Functions of the Child welfare


committee

Declare fit persons; and fit institution for temporary period for
specific cases;
The Committee may, with the help of District Child Protection Unit or
any NGO, maintain a list of various governmental, non-governmental,
corporate and community agencies for facilitating the rehabilitation
and social reintegration of the child;
Prepare and send monthly information about child and any other
related matter as and when required, to the District Child Protection
Unit and the State Child Protection Unit;
Any other function assigned by the State Government from time to
time relating with Children in need of care and protection;
The CWC can issue order to the local authority to issue the birth
certificate of the abandoned child after conducting necessary
enquiries.

Production
Whenever the
above
mentioned
takes charge of child in
of a
Child
before person/s
the Committee:need of care & protection,
Cont the information shall be given to the
police control room and childline as soon as possible, giving
details of child, the situation from which rescued, the time at
which the person took charge of the child including the place. The
person taking charge of the child shall also give his details like
name, address and organization for which
he is working and other relevant details of members of rescue
team.
The Committee shall initiate action against any media for
publishing any matter relating to the children in need of care and
protection, which would affect the interest of the child.
The Committee shall enquire the child in need of care and
protection and shall record the statements in accordance to the
procedure as laid down in the Code Criminal Procedure, 1973.
The Committee shall if at any stage during the course of the
enquiry is satisfied that the attendance of the child is not essential
for the purpose of enquiry, dispense with his attendance and
proceed with the enquiry in the absence of child.

THANK YOU