Section 6 in The Maharashtra Juvenile Justice (Care and Protection of Children) Rules, 2002
6. Procedure to be followed by Board.
(1)The Board shall sit as a Bench and hear the proceedings. The hearing of the proceedings shall be conducted in a home-like and child friendly atmosphere and that too in the presence of the parents, if any, or any other person who is in near relation with the juvenile.(2)When witnesses are produced for examination, the Board shall be free to use the power under section 165 of the Indian Evidence Act, 1872 (1 of 1872), to question them so as to bring out any point that may go in favour of the juvenile.(3)The interaction of the Board with the child shall be in an informal and child-friendly manner making sure that the juvenile can understand the substance of the charge against him.(4)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.(5)In every case concerning a juvenile, the Board shall either obtain-(i)a birth certificate given by a corporation or a municipal authority; or(ii)a date of birth certificate from the school first attended; or(iii)matriculation or equivalent certificates, if available; and(iv)in the absence of (i) to (ii) above, the medical opinion by a duly constituted Medical Board, subject to a margin of one year, in deserving cases for the reasons to be recorded by such Medical Board.(6)If any ill treatment during investigation is given to the juvenile, the Juvenile Justice Board shall record the statement of the child concerned and send the child for medical investigation and treatment.(a)If the Board on the basis of the report of Medical Officer or Probation Officers or social worker or Officer-in-Charge concludes that the child is abused, then the Board shall issue summons to the concerned persons to be present on the dates specified in that behalf.(b)If the Board on an enquiry arrives at a conclusion or if they found any prima facie evidence, which confirms that the child was abused physically or sexually, then they shall communicate the same to the District and Sessions Judge for further proceedings.(c)In cases of abuses, the child shall be sent for trauma Counselling.(7)In case of any doubt with regard to the age of the juvenile, the Board shall pass an order to obtain the medical opinion regarding the age and mental conditions of the child. The Board shall pass an order in such cases after taking into consideration the medical opinion and such other evidence as may be available and then record the finding in respect of his age.(8)The Police at the time of handing over the child to the Board shall submit the copy of the police diary or written statement to confirm that -(a)the juvenile was not kept in the police lock up or jail.(b)the juvenile has been produced before the board within a period of twenty-four hours.(c)any other charge-sheet or inquiry papers that are available with them.(d)the Police on taking charge of the juvenile has intimated to the Parents or guardians of the Juvenile, if available, and the concerned Probation Officer, as required under section 13, in Form II and III, respectively.(9)On production of a juvenile before the Board, the Board shall by issuing an order in Form IV direct the Probation Officer concerned to inquire into the character and social antecedents of the juvenile and furnish the social investigation report of such juvenile to the Board in Form I. For this purpose, the Probation Officer may take the opinions of the professionals or experts on cases pertaining to the psychological or psychiatric problems of the juvenile. The Board can also directly ask the professionals to furnish a special report about the juvenile in conflict with law.(10)When a juvenile is placed under the care of a parent or a guardian or other fit person the Board shall issue a supervision order in Form V.(11)When the juvenile is placed under the supervisions of a Probation Officer under sub-section (3) of section 15, the Board shall issue the supervision order in Form VI. The Probation Officer shall place a supervision report regularly in Form VII to the Board.(12)When the Board orders that a juvenile to be kept in an Observation Home or a place of safety under sub-sections (2) and (3) of section 12, it shall forward to the Superintendent of such institution a copy of its order together with the order of detention in Form VIII along with an order in Form IX.(13)The juvenile or child shall be lodged in a home closest to where he belongs.(14)The Officer-in-Charge of an institution, certified as special home under subsection (2) of section 9 of the Act, shall be informed in advance by the Board before any juvenile or child is committed to it.(15)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 or child and the objections shall be taken in to consideration by the Board before the juvenile or child is committed to the said institution.(16)In case the Board orders the parent of the juvenile or child, or the juvenile or child to pay a fine and the amount realized shall be deposited in the Government treasury.(17)The Board while making an order placing a juvenile under the care of parent, guardian or other fit person, as the case may be, under clause (e) of sub-section (1) of section 15 may direct such parent, guardian or other fit person to enter into a bond in Form X with or without sureties.(18)When a juvenile has been placed under the supervision of a Probation Officer under sub-section (3) of section 15 the Board shall impose a condition that all necessary assistance shall be rendered by the parent, guardian or other fit person, as the case may be, to the Probation Officer to enable him to carry out the duties of supervision.(19)The Board may send the juvenile on execution of a bond by a juvenile in Form XI to the parent, guardian or other fit person to whose care he is committed under section 15(1) (e) and 39(3)(c),to the said person on giving and undertaking by the said person in Form XII.(20)The Board shall initiate action against any media for publishing any matters relating to the children in conflict with law which would lead to the identification of the Juvenile.(21)The Board shall ensure that no female child is taken in custody by police between sunset and sunrise; provided if the circumstances warrants, the police may take charge of female child during such time. The Board should ensure that the female child is kept under the care of a woman or a relative of the female child, who shall also be a woman or in a place of safety or in an Observation Home.(22)No strangers or outsiders who are not associated with that particular case which is being heard, shall be permitted to be present during the proceedings.(23)The Board shall not adjudicate the proceedings or effect any disposition of the inquiry without calling the report of the Probation Officer.(24)The Board shall maintain the list of experts in the field of psychology, Counselling and guidance clinics or centers and psychiatric institutions etc.(25)If the Board decides to commit a child to any institution against the report of the Probation Officer as contemplated under section 6 of the Probation of Offenders Act, 1958 (20 of 1958), the reasons for the same should be recorded in writing.(26)Whenever a juvenile is ordered to be released on Probation or for doing community services or to participate in group counselling or similar activities or to be released on probation of good conduct and placed under the care of any fit institution or person under section 15(1)(f), the Board shall direct, the Probation Officer to effect supervision as prescribed for the period and report to the Board regularly. While doing so the Board shall satisfy that the probation conditions are very specific in nature and not in general terms alone. The Probation Officer shall submit his supervision report in Form XIII.(27)The Board shall explain the conditions of Probation to be followed by the Probationer and place them under a probation officer to whom he has to report.(28)Whenever the action of the juvenile in conflict with law is due to victimization or exploitation, and such issues are brought before the Board either by the child himself or through the report of the Medical Officer or the Probation officer, the Board shall enquire into, and direct the police to register a case, investigate and report for further proceedings forthwith.(29)The Board shall maintain a list of Non-Governmental Organizations, fit persons, institution and place of safety, prepared in consultation with the Probation Officers for the purpose of providing care, protection and supervision during the period of bail or on community service or on probation or during the period of community based correction in order to utilize the community resources effectively. The Probation Officer shall assist the Board in this aspect. The Board shall chalk out appropriate rehabilitation programs under the supervision of the Probation Officer.(30)In case the juvenile has to be transferred to the parents or guardians or fit persons or institution the Board shall pass an escort order and ensure that the escort order has been complied within a period of seven days or such extended period as may be allowed by the Board.(31)In case of breach of bond by the institution or Home or parent or guardian during the period of leave or probation or license or bail or community correction, the Board may call upon the concerned party to produce the juvenile before the Board by issuing a show cause notice in Form XIV. The juvenile shall be taken back into the Home. And if it appears to the Board that the juvenile is likely to be removed from its jurisdiction or to be concealed, the Board may revoke the license or leave or probation by making an order in Form XVI for the removal of the juvenile and may issue a search warrant in Form XV.(32)Whenever the Board orders a juvenile to be detained in an institution it shall forward to the Superintendent of such institution a copy of each judgement or, as the case may be, order of detention in Form VIII along with previous record.(33)The State Government shall recognise the 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.(34)The offences against the juvenile or child specified in sections 23, 24, 25 and 26 shall be either bailable or non-bailable or otherwise, shall apply on the Police, the Board and the concerned accordingly.
