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[Cites 0, Cited by 0] [Section 54] [Entire Act]

State of Jharkhand - Subsection

Section 54(18) in Jharkhand Juvenile Justice (Care and Protection of Children) Rules, 2017

(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 counselling 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 offences 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.