Section 4(5) in The Protection of Children from Sexual Offences Rules, 2012
(5)In making determination under sub-rule (4), the ewe shall take into account any preference or opinion expressed by the child on the matter, together with the best interests of the child, having regard to the following considerations:(i)the capacity of the parents, or of either parent, or of any other person in whom the child has trust and confidence, to provide for the immediate care and protection needs of the child, including medical needs and counselling;(ii)the need for the child to remain in the care of his parent, family and extended family and to maintain a connection with them;(iii)the child's age and level of maturity, gender, and social and economic background;(iv)disability of the child, if any;(v)any chronic illness from which a child may suffer;(vi)any history of family violence involving the child or a family member of the child; and,(vii)any other relevant factors that may have a bearing on the best interests of the child:Provided that prior to making such determination, an inquiry shall be conducted in such a way that the child is not unnecessarily exposed to injury or inconvenience.
