Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Section 10A] [Entire Act]

State of Jharkhand - Subsection

Section 10A(11) in Jharkhand Juvenile Justice (Care and Protection of Children) Rules, 2017

(11)The Board, while conducting a preliminary assessment, may consider:
(i)whether the child also qualifies as a child in need of care and protection;
(ii)whether the child has himself been a victim of any offence in the past;
(iii)whether the child has had a history of abuse and exploitation;
(iv)whether the unlawful conduct has been done for survival;
(v)whether the alleged offence has been committed due to situational factors such as the child being put to extreme mental trauma and cruelty to compel him to commit an offence;
(vi)whether the child had committed the offence under coercion or fear of mental or physical harm to himself or to some other person connected with him or her by blood or friendship or affinity;
(vii)whether the alleged offence has been committed under the control of adults, or with an adult or the child has been used by a group of adults, and if so, the Board shall consider the aspect whether independent of the influence of the adults, the child may not have committed the offence;
(viii)whether the child suffers from a mental illness or disorder;
(ix)whether the child is prone to taking drugs or alcohol;
(x)whether the child is under the influence of peer groups or associates with those who present risk of harm e.g. sexual offenders, drug peddlers etc or criminals;
(xi)whether the child has been involved in violent incidents prior to the alleged offence;
(xii)whether the child has been previously involved and held involved in any offence;
(xiii)whether the child has suicidal tendencies or of harming himself; and
(xiv)whether the child has been recruited or used or forced by any non-State, self-styled militant group or outfit declared as such by the Central or the State Government and whether such child was in a position to desist influences and pressures excreted by such actors in the given circumstances of his or her life etc.