Section 9 in Chhattisgarh Juvenile Justice (Care and Protection of Children) Rules, 2006
9. Procedure through which a child may be produced before the Board.
(1)Persons through whom a child alleged to be in conflict with law may be produced before the Board.(a)The officers of the Special Juvenile Police Unit(b)Any Police Officer(c)The Child herself/himself(d)Any recognized voluntary organization willing to take responsibility.(2)Wherever possible, all such persons shall, except at the time of arrest, only wear civil clothes and not a uniform unless specific circumstances require the said officer to wear a Police uniform in the interest of the child. However, they shall at all times have their identification card that shall be produced on demand.(3)The concerned Police Officer shall perform the role of friend of the child. He/she shall perform all the specific roles and responsibilities required by Police with regard to children alleged to be in conflict with law. He/she shall work in close co-ordination with the Social Workers in the Special Juvenile Police Unit and perform only specialized roles expected by the police. All Police Officers are ultimately responsible for the care and protection of the children.(4)The social workers at the Special Juvenile Police Unit shall be the caseworker in relation to the Children alleged to be in conflict with law and shall also perform on the role of friend of the child. He/she shall receive the child in a sensitive and friendly manner and enable him or her to feel at ease during the entire process of first and preliminary inquiry.(5)As soon as a child in conflict with the law is apprehended by the Police, the Police shall place the child under the charge of the special juvenile police unit or the designated police officer. In case a recognized voluntary organization takes a child to the Juvenile Justice Board, the voluntary Organization shall also inform the concerned Police Station.(6)The special juvenile police unit or any other producing agent shall produce the child before the Magistrate or a Member or the Board within 24 hours of his apprehension (excluding the time taken to bring the child from the Police Station/place of safety to the Board). In case of delay in production before the Magistrate/Board, the details of not doing so are recorded in the Police Daily/General Diary. Preliminary inquiries should be completed as soon as possible and care shall be taken not to cause any stress to the child for purposes of extracting information for assessment or the initial reports.(7)The child shall be informed promptly and directly of the charges against her/him in a language and manner that she/he understands so as to ensure full comprehension of the same.(8)On arrest the child shall be given all possible assistance to enable her/him to fulfill her/his right to call any person of her/his choice over the phone or otherwise.(9)The child shall not be compelled to confess or give testimony. No form of torture or harassment shall be used in order to extract information from the child.(10)On arrest, the child shall not be kept in the lock up of the police station or jail in order to conduct the preliminary inquiries. Instead, in the shortest possible time not exceeding eight hours, she/he shall be taken to observation home or a place of safety such as the Special Juvenile Police Unit or other such organization wherever such organization is present. When a child is kept in a place other than the special juvenile police unit, the officer in charge of the said place shall immediately inform the special juvenile Police unit of that jurisdiction and shall as far as possible work in co-ordination. All such places shall be child friendly places with an environment, services and facilities which respect the children as person and enable them to relax, play, express their opinions, participate in decisions concerning them and have access to caring and responsible adults. The Police/recognized voluntary organization shall be responsible to ensure the safety of the children apprehended or kept under their charge.(11)The child alleged to be in conflict with law shall be provided with nurturing care as well as other services deemed necessary at that time, such as immediate medical attention, basic needs, counselling, etc.(12)The special juvenile police unit to which the child is brought, shall inform the concerned Probation Officer of such apprehension in Form IX to obtain information regarding the antecedents and family background of the child and other material circumstances likely to be useful for assistance to the Board for making the inquiry.(13)The Designated Child Welfare Officer or officers from the special juvenile police unit shall in the shortest possible time, inform the parents or legal guardian about arrest of the child in Form X. During any further questioning of the child, they shall ensure the presence of the parent or legal guardian. The concerned officer may also make a concerted attempt to identify someone as a 'fit person' - preferably a social worker who knows and is willing to take responsibility of the child. The Officer along with the fit person shall consult the child and determine together, whether it is in her/his interest to inform the parent/legal guardian, taking into account the cases where the parents/legal guardians allegedly exploit or abuse children.(14)The social worker of the special juvenile police unit or the Senior Social Worker in case of the recognized voluntary organization, shall as far as possible make a visit to the place of the child as well as to the place of the alleged crime and prepare a social investigation report narrating the circumstances of apprehension and offence committed and with the description on the possible reasons why the child has allegedly committed the crime.(15)The producing agent may make a report with recommendations to the Board. Such recommendations may include immediate release after admonition or reconciliation to be facilitated by the Child Welfare Officer at the special juvenile police unit itself. Whenever appropriate and possible, children alleged to have committed petty offences may be released from the special juvenile police unit itself, when one member or the bench of the Board accepts such recommendations within the maximum 24 hour period for preliminary inquiry. If the Board ratifies such a recommendation, the said child shall be released from the place of safety itself. If the Board decides not to take this recommendation into account, then the child may be transferred to the Observation Home and produced before the Board.
