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State of Jammu-Kashmir - Section

Section 56 in Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Rules, 2014

56. Death of a juvenile or child.

- In case of death of a juvenile or child committed to an institution the procedure to be adopted shall be as under:-
(i)the Officer Incharge shall, within one hour of death being reported to him, intimate the Medical Officer to examine and give a report stating the cause of death. Such death shall be reported within an hour to the nearest Police Station, the Board or Committee having jurisdiction over the child, the parents or guardians or relatives of the juvenile or-child, District Child Protection Unit, State Human Rights Commission, State Commission for Protection of Child Rights and any other concerned authority;
(ii)in the event of a death of a juvenile or child in an institution it is imperative for the institution to ensure that an inquest proceeding by the Magistrate and post-mortem examination is held at the earliest and all the necessary steps in this regard shall be taken by the Officer Incharge;
(iii)whenever a death occurs, the person who first notices such death shall immediately inform the Officer Incharge of the institute.
(iv)the Officer Incharge and the Medical Officer at the institution shall record the circumstances of the death of the child and send a report, separately or jointly to the concerned Magistrate, the Officer Incharge of the police station having jurisdiction, the Board or the Committee and the Chief Medical Officer or Medical Head of the nearest Government Hospital where the dead body of the juvenile or child is sent for examination, inspection and determination of the cause of death. The Officer Incharge and the Medical Officer shall also record in writing their views on the cause of the death, if any, and submit it to the concerned Magistrate and the Officer Incharge of the police station having jurisdiction ;
(v)the Officer Incharge and the Medical Officer shall make themselves available for any enquiries initiated by the police or the Magistrate concerning the cause of death and other details regarding such juvenile or child;
(vi)as soon as the inquest is held, the body shall be handed over to the parents or guardian or relatives or, in the absence of any claimant it shall be disposed of under the supervision of the Officer Incharge in accordance with the known religion of the juvenile or child, after obtaining the permission from concerned Board or the Committee.