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Union of India - Section

Section 75 in The Juvenile Justice (Care and Protection of Children) Model Rules, 2016

75. Death of a Child.

(1)On the occurrence of any case of death or suicide of a child in a Child Care Institution, the procedure to be adopted shall be as under:
(i)The institution must ensure that an inquest and post-mortem examination is held at the earliest.
(ii)In case of natural death or death due to illness of a child, the Person-in-charge shall obtain a report of the Medical Officer stating the cause of death and a written intimation about the death shall be given immediately to the nearest Police Station, Board or Committee and the parents or guardians or relatives of the child.
(iii)Immediate information shall be given by the case-worker or Probation Officer or Child Welfare Officer to the Person-in-charge and the Medical Officer and the Person-in-charge shall immediately inform the nearest police station, Board or Committee and parents or guardians or relatives of the deceased child.
(iv)If a child dies within twenty-four hours of his admission to the Child Care Institution, the Person-in-charge of the Child Care Institution shall report the matter to the police and the District Medical Officer or the nearest Government hospital and the parents or guardians or relatives of such child without delay.
(v)The Person-in-charge and the Medical Officer of the Child Care Institution shall record the circumstances of the death of the child and send a report to the concerned Magistrate, the police, the Board or the Committee or the Children's Court and the District Medical Officer or the nearest Government hospital where the dead body of the child is sent for examination and determination of the cause of death and the person-in charge and the Medical Officer shall also record in writing their views on the cause of death, if any, and submit it to the concerned Magistrate and to the police.
(vi)The Person-in-charge and the Medical Officer at the Child Care Institution shall make themselves available for any inquiry initiated by the police or the Magistrate regarding the cause of death and other details regarding such child.
(vii)As soon as the inquest is over, the body of the child shall be handed over to the parent or guardian or relatives or, in the absence of any claimant, the last rites shall be performed under the supervision of the Person-in-charge of the Child Care Institution in accordance with the known religion of the child after retaining a photograph of the child for future reference.