Section 5 in The Maharashtra Juvenile Justice (Care and Protection of Children) Rules, 2002
5. Procedure to be followed on production of juvenile in conflict with law.
(1)As soon as a juvenile in conflict with law is apprehended by police, the police shall place him under the charge of the Special Juvenile Police Unit, or the designated police officer.(2)The juvenile shall be brought by the concerned police officer, to the Board within a period of twenty-four hours of taking the charge of such juvenile. The period required for journey shall be excluded from the above said period of twenty-four hours. In case of delay in production before the Magistrate or the Board, the details of not doing so be recorded in the police diary or general diary.(3)The Special Juvenile Police Unit to which the juvenile is brought shall inform the Probation Officer in that jurisdiction of such apprehension, so as to enable him to obtain information regarding the antecedents and family background of the juvenile and submit his preliminary report to the Board in Form I.(4)The juvenile shall not be kept in the lock up of the police station or jail in order to conduct the preliminary inquiries.(5)No juvenile in conflict with law shall be handcuffed, chained or tied with ropes or any other material while producing him before the Board.(6)Juvenile shall be received, assessed and interviewed in a child friendly manner and home-like environment by the specially trained Probation Officers or designated or authorized social workers or Police Officers.(7)The juvenile shall be given all possible assistance to enable him to fulfill his right to call any person of his choice over the phone or otherwise.(8)No juvenile shall be detained for more than twenty-four hours for such preliminary inquiry.(9)Wherever possible, the persons who are conducting any inquiry, shall only wear civil clothes and not to be in 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 on their person, an identification that shall be produced on demand.(10)The concerned police officer shall produce the copy of the First Information Report and other relevant documents before the Board at the earliest. If the original documents are not available, the attested copies shall be submitted at initial stage of the proceedings. However, in no case the proceeding shall be withheld for want of original documents.(11)In case a recognised voluntary organisation takes a juvenile to the Board, the voluntary organisation shall also inform the concerned Police Station.(12)The State Government shall recognise only those registered voluntary organisations which can provide the services of probation, Counselling, case work, a place of safety and also associate with the Special Juvenile Police Unit and are willing and have the capacity, facilities and expertise to do so.(13)The registered voluntary organisation shall prepare a report narrating the circumstances of apprehension and offences committed and produce the juvenile before the Board or Police with the report.(14)When a juvenile is produced before an individual member of the Board as per the provision of section 5 (2), the order given by the member shall be ratified in the next meeting of the Board.(15)The police or the recognised voluntary organisation shall be responsible for the safety and basic amenities to the juveniles apprehended or kept under their charges during the period they are with them.
