Section 96 in Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Rules, 2014
96. Record Keeping.
(1)The records of proceedings before Board' and related documents shall be maintained in the judicial file in four parts :-(A). Part (A) shall contain the following records and documents :-(i)the Index of Papers;(ii)the order sheet pertaining to the inquiry under section 15 of the Act;(iii)the Police Investigation Report, or petition of complaint, as the case may be ;(iv)social background report filed by the juvenile welfare officer or any other police officer, as the case may be :(v)all depositions of witnesses of the offence committed and statements of juvenile ;(vi)all documentary evidence pertaining to the inquiry of offence :(vii)the notice of the allegations made, requiring the juvenile to explain the circumstances of commission of offence ;(viii)the final order of the Juvenile Justice Board ;(ix)the Judgment of the Appellate Court on the inquiry above, if any ; and(x)the Judgment of High Court or Court of Sessions in revision on the inquiry above, if any.(B). Part (B) shall consist of all papers not included in Part (A) relating to the inquiry of the offence including, bail applications, bail bonds, applications under sections 20 and 22 of the Act, other miscellaneous applications and orders thereon.(C)Part (C) shall contain-(i)the Index of Papers ;(ii)the order sheet pertaining to the age inquiry under section 48 of the Act;(iii)applications filed pertaining to the claim of juvenility or opposing the same ;(iv)all depositions of witnesses in age inquiry;(v)documentary evidences tendered during age inquiry;(vi)the orders of the Board during age inquiry including the order on conclusion of age inquiry;(vii)the Judgment of the Appellate Court on the age inquiry, if any; and(viii)the Judgment of High Court/Court of Sessions in revision on the age inquiry, if any.(D)Part D shall contain-(i)the Index of Papers ;(ii)the order sheet pertaining to the process pursuant to passing of order by the Board under section 16 of the Act or under any other provision of the Act and the rules which are passed with a view to follow-up on rehabilitation of the juvenile in conflict with law:(iii)Social Investigation Report filed by the Probation Officer or Welfare Officer, as the case may be ;(iv)compliance reports filed by the authorities concerned, parents, non-governmental organizations, juvenile himself;(v)report of probation officers, counsel or, social worker, etc.;(vi)all the applications, reports and documents pertaining and incidental to the process of rehabilitation.(2)Except as provided in sub-rules (4), (5) and (6), all judicial records, documents and registers in respect of a juvenile or a child shall be kept in a safe place for a period of seven years and no longer, and thereafter be destroyed:Provided that the Juvenile Justice Board may order, for reasons to be recorded, that any particular paper or record of any particular case be preserved beyond such time period.(3)It shall be the duty of the Record Keeper of the Board to ensure that the identity of the juvenile is erased or blackened on every document before it is sent for destruction. The destruction of the record shall be carried out under the supervision of the Record Keeper and shall be effected by actual tearing of the papers. The documents, which it appear will give away the identity of the juvenile in conflict with law and that the blackening and the erasing will not serve the purpose of safeguarding the identity, shall be destroyed by burning under supervision.(4)Part B of the record shall be preserved for a period of five years from the date of attainment of majority by the juvenile in conflict with law and shall then be destroyed unless their preservation fora longer period is necessary on special grounds to be recorded in writing :Provided that the order of age shall also be stored in digitalized form for twelve years in all cases, irrespective of the age of juvenile and shall then be destroyed unless its preservation for a longer period is necessary on special grounds to be recorded in writing.(5)Part A of the Record shall be preserved for one year and shall thereafter be destroyed.(6)Part D of the Record shall be preserved beyond one year of the date of attainment of majority by the juvenile in conflict with law or till the period of conclusive compliance of the orders passed under section 16 by the Juvenile Justice Board, whichever is later.(7)The period prescribed above shall be taken to run from the date of the final order passed under section 16 of the Act by the Juvenile Justice Board, or. in the event of an appeal or revision, from that of decision of appeal or the revision, as the case may be.(8)When under the above rules any of the records contained in Part A, B, C or D are destroyed, a note to the effect shall be made at the time of destruction, against the entry of the case in the Goshwara. When the above record is destructed partially, entry to that effect shall be made accordingly. All notes made above shall be attested by the Record-Keeper.(9)The documents belonging to a private person or to Government, which have not been impounded in the case in which they were produced, shall be separated or removed from the record. These documents shall be preserved and kept in a separate parcel, and notice shall, whenever practicable, be given to the persons who produced them in court, requiring them to take them back into their own keeping within six months from the date of the notice, and warning them that they will be kept at their risk, and that the Juvenile Justice Board declines all responsibility for them.
