Section 22 in Haryana Juvenile Justice (Care and Protection of Children) Rules, 2002
22. Procedure to be followed by a Board in holding inquiries and the determination of age. [Section 68(2)(ii)].
(1)In all cases under the Act the proceeding shall be conducted in as simple a manner as possible and care shall be taken to ensure that the juvenile or child against whom the proceedings have been instituted is given home like atmosphere during the proceedings.(2)When witnesses are produced for examination the Board shall be free to use the power under section 165 of the Indian Evidence Act, 1872 (1 of 1872), to question them so as to bring out any point that may go in favour of the juvenile or the child.(3)While examining a juvenile or child and recording his statement the competent authority shall be free to address the juvenile or child in any manner that may seem suitable, in order to put the juvenile or child at ease and to elicit the true facts, not only in respect of the offence of which the juvenile or child is accused, but also in respect of the home and social surroundings and the influence to which the juvenile or child might have been subjected.(4)The record of the examination shall be in such form as the Board may consider suitable having regard to the contents of the statement and circumstances in which it was made.(5)In every case concerning a juvenile or a child, the Board shall either obtain :-(i)a birth certificate given by a corporation a municipal authority; or(ii)a date of birth certificate from the school first attended; or(iii)matriculation or equivalent certificates, if available; and(iv)in the absence of (i) to (iii) above, the medical opinion by a duly constituted Medical Board, subject to a margin of one year, in deserving cases for the reasons to be recorded by such Medical Board,regarding his age; and, when passing orders in such cases, shall, after taking into consideration such evidence as may be available or the medical opinion, as the case may be, record a finding in respect of his age.(6)Registered voluntary organisations shall supervise and submit periodical reports, as directed by the Board regarding the orders passed under clauses (b) and (c) of sub-section (1) of section 15 of the Act.(7)In accordance with the rules made under sub-section (2) of section 10 of the Act, the Board shall, in Form-1, order a Probation Officer, or otherwise to conduct a social investigation, reporting on the character and antecedents of the juvenile or 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.(8)When a juvenile or child is placed under the care of a parent or a guardian and the Board considers it expedient to place the juvenile or child under the supervision of a probation officer, it shall issue a supervision order in Form-II.(9)The competent authority may, while making an order placing a juvenile under the care of a parent, guardian or fit persons, as the case may be, direct such parent, guardian or fit person to enter into a bond in Form-IV with or without sureties.(10)Whenever the Board orders a juvenile or 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.(11)The juvenile or child shall be lodged in a home closest to where he belongs.(12)The Officer-in-charge of an institution, certified as special home under sub-sections (2) of section 9 of the Act, shall be informed in advance by the Board before any juvenile or child is committed to it.(13)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 juvenile or child and the objections shall be taken into consideration by the Board before the juvenile or child is committed to the said institution.(14)In case the Board orders the parent of the juvenile or child, or the juvenile or child to pay a fine, the amount realized shall be deposited in the Government treasury.
