Section 22 in Juvenile Justice (Care and Protection of Children) Orissa Rules, 2002
22. Procedure to be followed by a Juvenile Justice Board in holding inquiries.
(1)In all cases under the Act the proceedings shall be conducted in as simple a manner as possible. Care shall be taken to ensure that the juvenile against whom the proceedings have been instituted is given home like atmosphere during the proceedings.(2)When witnesses are produced for examination, the Board shall make free use of the power conferred on it by Section 165 of the Indian Evidence Act, 1872, to question them so as to bring out any point that may go in favour of the juvenile.(3)In examining a juvenile and recording his statement the competent authority shall be free to address the juvenile in any manner that may seem suitable in order to put the juvenile at ease and to elicit the true facts, not only in respect of the offence of which the juvenile is accused, but also in respect of the home and social surroundings and the influence to which the juvenile may have been subjected. The record of the examination shall be in such form as the Board may consider suitable having regard to the contents of the statement and circumstances in which it was made.(4)In every case concerning a juvenile, the Board shall obtain a birth certificate or medical opinion regarding his age and his physical and mental conditions; and when passing orders in such case shall, after taking into consideration the medical opinion and such other evidence as may be available, record a finding in respect of his age.(5)The Government shall recognise registered voluntary organisations to supervise and submit periodical reports as directed by the Board regarding the orders passed under clauses (b) and (c) of sub-section (1) of Section 15 of the Act.(6)In accordance with sub-section (2) of Section 10, the Board in Form I shall order a Probation Officer, or otherwise to conduct a social investigation, reporting on the character and antecedents of the juvenile with a view to assessing the best possible mode for placement, such as, with the family, an institution or otherwise permissible under the Act.(7)When a juvenile is placed under the care of a parent or a guardian and the Juvenile Justice Board deems it expedient to place the juvenile under the supervision of a probation officer, it shall issue a supervision order in Form II.(8)Whenever the Juvenile Justice Board orders a juvenile to be kept in an institution, it shall forward to the Officer-in-charge of such institution copy of its order in Form III with any particulars of the home and parents or guardian and previous record.(9)Ordinarily juvenile shall be lodged in a home closest to where he/ she belongs.(10)The Officer-in-charge of an institution certified as special home under sub-section (1) of Section 9 shall be informed in advance by the Board before any juvenile is committed to it.(11)The Officer-in-charge of the said institution may on receipt of the information, intimate in writing objections, if any, to the committal of the juvenile and the objections shall be fully taken into consideration by the Board before the juvenile is committed to the said institution.(12)In case the Board orders the parent of the juvenile or the juvenile to pay a fine, the amount realized will be deposited in the Government treasury.
