Section 97 in Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Rules, 2014
97. Non-disclosure of identity, removal of disqualification and stigma in relation to a juvenile or a child.
(1)All the records of the juvenile or child such as case reports, reports of the probation officer, Counsellor and social worker, medical records, orders of the Board or the Committee or the Court, as the case may be. regarding the case, shall be confidential and can be given to appropriate third parties subject to order of the competent authority for the purposes of:-(i)record keeping, monitoring or research ; or(ii)any other purpose mandated by law, for reasons to be recorded in writing.(2)Records of juveniles in conflict with law except for the record relating to determination of age shall not be used in adult proceedings in subsequent cases involving the same juvenile.(3)Information which may lead to the identification of the juvenile shall not be published, either by private agents or State agencies.(4)Whenever a person is asked to furnish information whether he has been convicted for any offence in any form for any purpose, this question will be deemed to be limited to information relating to conviction of the person for an offence which he may have committed after attaining the age of 18 years.(5)Notwithstanding anything contained in any other law, having applicability at the relevant time, non-disclosure of any information concerning registration of complaint or FIR or DD Entry, institution, pendency, disposal, discharge, compounding, acquittal, conviction or termination of any inquiry or any ancillary proceeding in respect of a juvenile or a child or a juvenile in conflict with law in any court or board or committee or any commission or police station or any other forum, as the case may be, shall neither amount to an offence nor concealment of truth or fact, whether such disclosure or non-disclosure is made during the time of juvenility or thereafter.(6)Any person in possession of any information or document or record pertaining to a child or juvenile or juvenile in conflict with law shall not make disclosure of the same, in any manner:Provided that disclosure may be made under the orders of the Competent Authority if it is in the interest of such child.(7)No person or competent authority or court or agency or institution in possession of any such information in any manner, shall attach or cause to be attached any disqualification, harm, prejudice, presumption or stigma to a child or juvenile or juvenile in conflict with law for the reason of having been dealt with under the provisions of the Act.(8)Violation of sub-rule (7) shall be cognizable by the Board or Committee or any court, as the case may be, having jurisdiction over the area where such violation has occurred.(9)The records or documents in respect of a juvenile or a child ora juvenile in conflict with law shall be kept in a sealed cover at a safe place for a period of five years from the date of attainment of majority by the juvenile or the child or the juvenile in conflict with law or for a period of five years from the date of final disposal of the proceedings including appeal or revision whichever is later, and thereafter shall be destroyed by the Officer Incharge of the institution or police station, or Board or Committee or court, as the case may be unless required for a proceeding in a court of law :Provided that the age record and other essential record except the record of inquiry of offence shall be maintained even thereafter whether in the same form or digitalised form.(10)Provisions contained herein above in this rule shall also apply to Child Welfare Committees to the extent applicable and practicable and any reference made therein to any provision of the Act made in relation to the Board or process pertaining to a juvenile in conflict with law shall be read as replaced with the corresponding provision of the Act in relation to the Committee or a child in need of care and protection, as the case may be.
