Section 54 in The Juvenile Justice (Care and Protection of Children) Model Rules, 2016
54. Procedure in cases of offenses against children.
(1)A complaint of an offense against a child may be made by child, family, guardian, friend or teacher of the child, childline services or any other individual or institutions or organization concerned.(2)On receipt of information in respect of a cognizable offense against a child, the police shall register a First Information Report (FIR) forthwith.(3)On receipt of information of a non- cognizable offense against a child, the police shall make an entry in the Daily Diary which shall be transmitted to the Magistrate concerned forthwith who shall direct appropriate action under sub-section (2) of section 155 of the Code of Criminal Procedure, 1973.(4)In all cases of offenses against children, the investigation shall be conducted by the Child Welfare Police Officer.(5)Where any offense under the Act is committed by a Child Care Institution including a Specialized Adoption Agency, the Committee or the Board as the case may be, may pass appropriate orders for placing the children already placed with the Child Care Institution or the Specialized Adoption Agency in any other Child Care Institution or Specialized Adoption Agency and recommending the cancellation of the registration and withdrawal of recognition of such institution or agency.(6)Where an FIR is registered against a person working with a Child Care Institution including Specialized Adoption Agency for any offense under the Act and the rules, such a person shall be debarred from working directly with the children during the pendency of the criminal case.(7)Where a person has been dismissed from service or is convicted of an offense under the Act and the rules, he shall stand disqualified from any further appointment.(8)In no case a child shall be placed in a police lock-up or lodged in a jail.(9)The child and his family shall be provided access to paralegal volunteers under the District Legal Service Authority.(10)An immediate need assessment of the child will be conducted in terms of the need for food, clothing, emergency medical care, counseling, psychological support and the same shall be immediately extended to the child at the police station.(11)Where a child has been subjected to sexual abuse, the child may be referred to the nearest District Hospital or One-Stop Crisis Centre, as the case may be, if locally available.(12)Special children's rooms may be designated in every Court Complex with facility for separate space for children waiting and children who are giving their statement or interview; separate entrances, wherever feasible; video-conferencing facilities for interacting with children, wherever possible; provision for entertainment for children such as books, games, etc. Statements and interviews, other than during trial of children who are, victims, or witnesses, shall be recorded through child friendly procedure in a children's room.(13)The statement or the interview of the victim/ witness child shall be conducted while ensuring the following conditions:(i)The Magistrate shall record the statement of the child under section 164 of the Code of Criminal Procedure, 1973 in the Children's room or, if possible in the child's place of residence including, home or institution where he or she is residing.(ii)The statement shall be recorded verbatim as spoken by the child.(iii)The statement may also be recorded by audio-visual means as per the provisions of sub-section (1) of section 164 of the Code of Criminal Procedure, 1973.(iv)The child may be accompanied by parent or guardian or social worker.(14)The Legal Services Authority may provide a support person or para legal volunteer for pre-trial counseling and to accompany the child for recording of the statement who shall also familiarize the child with the Court and Court environment in advance, and where the child is found to have been disturbed by the experience of coming to the Court, orders for video-conferencing may be passed by the Court, on an application moved by the support person or para-legal volunteer or by the Legal Services Authority, on behalf of the child.(15)If the child victim or witness does not belong to the District or State or Country, the statement or interview or deposition of the child may also be recorded through video conferencing.(16)Where video-conferencing is not possible, all necessary accommodation, travel expenses for the child and a guardian accompanying the child will be provided as per actuals by the State Government or Union Territory Administration.(17)Separate rooms for vulnerable witnesses may be designated in every Court Complex to record the evidence of child witnesses.(18)During a trial involving children, as far as possible, the following norms may be followed to ensure a child-friendly atmosphere:(i)Parents or guardian(s) shall accompany the child at all times (only if it is in the best interest of the child). If the said person has a conflict of interest, another person of the child's choice, or fit person, or representative of the fit institution identified, or psychologist appointed by the Committee or Court, shall accompany the child at all times, on approval of the Court.(ii)Psychological counseling may also be provided to the child wherever necessary.(iii)In a situation where parents or guardians may have been involved in the commission of the crime, or where the child is living in a place where the child is at risk of further trauma, and the same is brought to the notice of the Court, or the Court on its own motion shall direct the child to be taken out of the custody or care, or out of such situation and the child should be immediately produced before the Committee.(iv)For the age determination of the victim, in relation to offenses against children under the Act, the same procedures mandated for the Board and the Committee under section 94 of the Act to be followed.(v)The language(s) used to be familiar to the child and if needed translators and special educators to be made available.(vi)Before the statement of the child is recorded, the Court to ensure that the child is capable of making a voluntary statement.(vii)No statement of the child to be disregarded as evidence in the trial solely on the basis of the age of the child.(viii)Images or statements admissible in the interview of the child not to be detrimental to the mental or physical well- being of the child.(ix)Length and questions admissible at the interview not to be taxing and to be suitable to the attention span of the child.(x)In case of young children, or otherwise incapacitated child, alternative methods of interaction and evidence collection that is less intimidating to be adopted.(xi)The Court to ensure that at no stage during trial, the child comes face to face with the accused.(xii)Special permission from school and arrangement for remedial classes for days lost to be ensured by the school authorities.(19)The child may be represented, as the case may be, by:(i)a lawyer of his choice, or,(ii)public prosecutor, or,(iii)a lawyer designated or empanelled by the Legal Services Authority.(20)All functionaries of the Court and others concerned may be sensitised on the special needs of children and child rights.(21)After the process of trial:(i)The child or guardian should be informed of the decision of the judicial proceeding and its implication.(ii)The child or guardian should be made aware of his legal options.
