Section 10 in Chhattisgarh Juvenile Justice (Care and Protection of Children) Rules, 2006
10. Procedure to be followed by a juvenile justice board in holding inquiries.
(1)In every case in connection with a child, the Board shall obtain a birth certificate or medical opinion regarding his age and his physical and mental conditions.(2)The Board shall satisfy itself either from the declaration of Police in writing or otherwise that the child was not kept in Police lock up or jail prior to the production of the child before the Board and that he/she was produced within 24 hours of taking charge. The Board shall also satisfy that the child has not been subjected to ill treatment or harassment either by the Police or by any other person from the time of taking charge. The Board shall also ensure that no girl was taken into charge by police between sunset and sunrise, provided if the circumstances warrant, that she was kept under the care of a woman in a place of safety or in an Observation Home.(3)No juvenile or the child shall be handcuffed or fettered under the provisions of the Act and the rules made thereunder.(4)When the child is presented first time before the Board, the Board shall immediately determine whether the child can be released on bail. If the child can be released on bail, then the court shall release the child either to a parent, guardian and fit person/institution or on personal bond by the child.(5)When the child is presented before the Board, the Board shall communicate to the child in a child friendly manner in a home like environment, and in a manner that the child can understand the substance of the charge against him/her. The child shall be asked whether he/she committed the offence of which he or she is accused.(6)If the child accepts that he/she committed the offence of which he or she is accused, then the Board records the acceptance and issue the appropriate order. If offence is not serious, the Board shall wherever possible issue a reprimand and release the child.(7)When witnesses are produced for examination, the Board shall exercise the power conferred on it by Section 165 of the Indian Evidence Act, 1872, so as to question them as to bring out any point which may go in favour of the child.(8)If the child does not accept the substance of the charge, then the Board shall proceed to hear the prosecution and take all evidence produced by the prosecution and also hear the accused and take all evidence as he/she produces in his/her defence.(9)The Board may if it thinks fit on the application of the prosecution side or the child, issue a summons to any witness directing him to attend or to produce any document or thing.(10)The Board shall address its inquiry with the question that why the child committed the offence and how best to redress the causative factors. In accordance with sub-section (2) of Section 10, the Board shall also order in Form I to a Probation Officer, or otherwise to conduct a social investigation, reporting on the character and antecedents of the child with a view to assessing the best possible mode for placement, such as, with the family, an institution or otherwise permissible under the Act.(11)The order to be issued by the Board shall take into account -(a)the views of the child(b)the best interest of the child(c)the fact that detention should be a last resort and for the shortest possible period of time. Only in the case of serious offences or chronic repeaters the Board shall order detention.(12)The State Government shall recognize registered voluntary organizations to supervise and submit periodical reports and directed by the Board regarding the orders passed under clause (b) and (c) of sub-section (1) of Section 15 of the Act.(13)When a child is placed under the care of a parent or a guardian and if the Juvenile Justice Board deems it expedient to place the child under the supervision of a probation officer, it shall issue a supervision order in Form II.(14)The Competent Authority may, while making an order placing a juvenile under the care of a parent, guardian or fit person, as the case may be direct such parent, guardian or fit person to execute a bond with or without sureties in Form IV.(15)Whenever the Juvenile Justice Board orders a child to be kept in an institution, it shall, forward to the Officer-in-Charge of such institution a copy of its order in Form III with particulars of the home and parents or guardian and previous record.(16)All children shall be kept in such a home which is nearest to where he/she belongs, unless it is not in his/her interest to do so, such as in situations of conflict/disaster.(17)The Officer-in-Charge of an institution certified as Special Home under subsection (2) of Section 9 of the Act shall be informed in advance by the Board before any child is committed to it.(18)The Officer-in-Charge of the said institution may on receipt of the information intimate in writing objections, if any, to the committal of the child and the objections shall be fully taken into consideration by the Board before the child is committed to the said institution.(19)In case the board orders in Form VIII to the parent of the child or the child to pay a fine, the amount realized will be deposited in the Government Treasury.(20)When a child is produced before an individual member of the Board, the order given by the member shall be ratified in the next meeting of the Board.(21)The Board shall initiate action against any media for publishing any matters relating to children in need of care and protection, if such material leads to the identification of the child.
