Section 9 in Tamil Nadu Juvenile Justice (Care and Protection of Children) Rules, 2017
9. Transaction of business.
- The Board or member to whom a child is produced shall observe the following, namely:-(i)Such rules of procedures in regard to the transaction of business at its meetings as contemplated in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974);(ii)A child in conflict with law may be produced either before the Principal Magistrate or a social worker member, even at their residence, when the Board is not sitting:Provided that a child who is detained in an observation home or a place of safety by the Principal Magistrate or a social worker member when the Board is not in sitting shall be produced before the Board at its first sitting, immediately thereafter;(iii)On production of the child before the Board, the Board shall interact with the child on one to one basis to -(a)elicit information on the background of the child;(b)inform the child of the case filed against him by the police and availability of free legal aid facility;(c)help him to understand the process of the proceedings;(d)make enquiries of his point of view about the commission of the alleged offence;(e)take cognizance of any dereliction or excesses committed by police or any other authority;(iv)The Board shall satisfy either from the declaration of Police in writing or otherwise that the child alleged to be in conflict with law was not kept in police lock up or jail prior to the production before the Board and that the child was produced before the Board without any loss of time, but within twenty four hours of taking charge of the child excluding travel time. The child shall be enquired privately and his views be obtained. The views and expressions shall be recorded. Proceedings shall be made on the views and expressions of the child;(v)The Board shall satisfy that the police on taking charge of the child has intimated the Probation Officer concerned in Form II and parents or guardians of the child as required under section 13 of the Act and shall require the police to file a written statement in this regard;(vi)The Board shall satisfy that the child has not been subjected to ill treatment or harassment either by the police or by any other person, who had taken charge for the purpose of bringing the child before the Board;(vii)The Board shall ensure that the State or District Legal Aid Services Authority extends free legal services to a child, whenever required;(viii)The Board shall initiate action against any media or institution for publishing any matter relating to children which would affect the interest of the child;(ix)The Board shall consider the report of the probation officer while deciding on bail for the child in conflict with law and consider the conditions recommended by the probation officer;(x)Irrespective of the offence committed by the child notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) or any other law for the time being in force, the Board shall release the child on bail with or without surety to the parents or legal guardians or fi t person, if it is in the best interest of the child after considering the report of the probation officer upon conditions to be followed during the bail period or such other relevant material;(xi)The Board shall ensure that no girl child is taken charge by police between sunset and sunrise:Provided, if circumstances warrants, only a woman police personnel shall be permitted to take charge of a girl child and shall be sent to an observation home immediately without any loss of time for temporary accommodation;(xii)The Board shall obtain a declaration from police in writing that the child was dealt with due regard for decency and also inquire the child in conflict with law and shall record the same;(xiii)In all cases of pending inquiry, the Board shall fix the next date of hearing not later than fifteen days;(xiv)The Board shall maintain a list of experts in the field of law, psychology, counselling and guidance, psychiatrists and psychiatric institutions who are willing to provide such services. The list can be prepared in consultation with the probation officers and District Child Protection Officer in the concerned District;(xv)The Board shall call for a social investigation report from the probation officer by an order in Form III. The probation officer shall submit the social investigation report in Form I. The probation officer, if required, shall cause for the suggestions and opinion of such experts as found necessary for preparing the social investigation report. The Board shall also call for a separate report from professionals or experts on cases pertaining to psychological or psychiatric problems of the child;(xvi)The Board shall not make a final disposition without considering the report of the probation officer;(xvii)The decision of the Board regarding determination of age and preliminary assessment shall be taken by majority including the Principal Magistrate;(xviii)In cases of heinous offences, the Board shall call for a report for preliminary assessment of a child in conflict with law from the Department of Paediatrics or Psychiatric medicine of the Medical college or hospital under the Government or willing private medical college or hospital or the Department of Psychology in a Government or willing private college or University for the purpose of section 15 of the Act and wherever necessary obtain a second opinion;(xix)For the purpose of conducting a preliminary assessment, the Board shall interact with the child alleged to be in conflict with law as well as his family members, wherever available. The child may, in addition be represented through his counsel and the submissions on behalf of the child shall be considered;(xx)The Board shall take into account the report of investigation, statements of witnesses, recorded by the Child Welfare Police Officer, medico-legal report, forensic report and other documents prepared during the course of investigation filed by the police before it;(xxi)The Board shall take into account the medical reports of the child as are available;(xxii)The Board shall take into account mental health reports including an assessment of the cognitive maturity of the child;(xxiii)The Board, after preliminary assessment under section 15 of the Act, passes an order that there is a need for trial of the said child as an adult, it shall also assign reasons for the same and a copy of the order shall be provided to the child forthwith;(xxiv)The Board if decides to commit a child to any child care institutions, contrary to the report of the probation officer as contemplated under section 6 of the Probation of Offenders Act, 1958 (Central Act 20 of 1958), the reasons for the same shall be recorded in writing;(xxv)Whenever, a child is ordered to be released on probation or for rendering community service or to participate in group counselling or similar activities or to be released on probation of good conduct, the Board shall consider the conditions recommended by the probation officer and direct the probation officer to effect supervision and report to the Board for a period as specified by the Board;(xxvi)The Board shall direct the probation officers to effect intensive probation supervision on specific cases whose accountability can be ensured by frequent supervision;(xxvii)The Board shall explain the conditions of probation to be followed by the probationer and direct him to appear before the Board, in case of breach of conditions as reported by the probation officer. In such breach of conditions the Board shall order to send the child to a special home or place of safety for the remaining period of supervision;(xxviii)During the conduct of enquiry by the Board, any complaint on victimisation or exploitation of a child is brought before the Board either by the child himself or from the report of the medical officer or the probation officer, the Board shall direct the police to register a case, investigate and report for further proceedings within a fixed time. However, such proceedings shall not delay the disposal;(xxix)The Board shall prepare and maintain a list of Government, non-governmental organisations, fit persons, fit facility in consultation with the probation officer and District Child Protection Officer for the purpose of providing care and protection, supervision during the period of bail or on community service or on probation or during the period of community based correction in order to utilise the community resources effectively. The probation officer shall assist the Board in this regard. The Board shall consider all the avenues of placing the child under the care of parents or guardian or within the community such as fit person or fit facility and receive appropriate rehabilitation packages under the supervision of the probation officer;(xxx)In circumstances where institutionalisation in a special home is inevitable, the Board shall record the reasons thereof;(xxxi)The Board shall not recognise any children home or open shelter either as a place of safety or fit facility for the purpose of keeping a child in conflict with law and no child in conflict with law shall be ordered to be kept in a children home or a open shelter under any circumstances;(xxxii)Where release of a child to the custody of parent or guardian or a fit person with or without the supervision of probation officer is ordered as the case may be, the Board shall make an order in Form IV and call for a report by the probation officer when supervision is required;(xxxiii)When witnesses are produced for examination in inquiry relating to a child alleged to be in conflict with law, the Board shall keep in mind that the inquiry is not to be conducted in the spirit of strict adversarial proceedings and it shall use the powers conferred under the provisions of Indian Evidence Act, 1872 (Central Act 1 of 1872) so as to question the child and proceed with the presumptions that favour the child's right to be restored;(xxxiv)While examining a child alleged to be in conflict with law and recording his statement, the Board shall address the child in a child friendly manner in order to put the child at ease and to encourage him to state the facts and circumstances without any fear, not only in respect of the offence alleged to have been committed, but also in respect of the home and social surroundings and the influence to which the child might have been subjected to;(xxxv)In cases of heinous offences alleged to have been committed by a child, who has completed the age of sixteen years, the Child Welfare Police Officer shall produce the statements of witnesses recorded by him and other documents prepared during the course of investigation within a period of one month from the date of first production of the child before the Board;(xxxvi)In cases of petty and serious offences, the final report shall be filed before the Board at the earliest and in any case not beyond the period of three months from the date of information to the police;(xxxvii)If the Police do not complete the investigation within three months and fail to furnish the reason for the delay, the Board shall fix a date for final enquiry serving a notice to the Police to be present and adjudicate and dispose the case on the basis of materials available before it:Provided that if the Police justifies the delay to the satisfaction of the Board, it may extend a specified time limit to Police to complete the investigation and file the necessary report and a copy may be sent to the concerned Commissioner or Superintendent of Police. If the Police does not complete the investigation even after the time granted, the Board is free to adjudicate the final disposal of the case as it deems fit;(xxxviii)Where the proceedings are delayed beyond four months, the Board shall send a report for the delay as well as steps being taken to expedite the matter to the Chief Judicial Magistrate or Chief Metropolitan Magistrate as the case may be;(xxxix)On completion of enquiry and considering the social background of the child and the circumstances leading to the commission of an offence, report of the probation officers, facts ascertained from witnesses, individuals or any other agencies, the Board shall pass an order as mentioned in section 18 of the Act;(XL)All dis-positional orders passed by the Board shall necessarily include an individual care plan in Form V for the child in conflict with law concerned, prepared by a probation officer.
