Code: Section 91 of the Juvenile Justice (Care and Protection of Children) Act
91. Dispensing with Attendance of Child
(1) During an inquiry, if the Committee or Board believes that the child’s attendance is not essential, they may excuse the child. The inquiry will proceed without the child’s presence, except for recording the statement. The process will continue even if the child is absent, unless the Committee or Board decides otherwise.
(2) If the child is required to attend the Board or Committee, the child and one escort are entitled to reimbursement for travel expenses. These costs will be covered by the Board, Committee, or District Child Protection Unit, based on actual expenses incurred.
Explanation of Section 91
Section 91 gives the Committee or Board the authority to decide if the child’s presence is necessary during the inquiry. If they believe it’s not needed, they can proceed with the inquiry in the child’s absence. This provision helps avoid unnecessary distress for the child.
- Key Point 1: The child’s attendance can be waived unless the Committee or Board specifically orders their presence.
- Key Point 2: If the child is required to attend, they and an escort will receive travel reimbursement for actual expenses incurred.
Illustration
Example 1: Inquiry without the Child’s Presence
During an inquiry, the Committee finds that the child’s attendance is unnecessary. The Committee proceeds with the inquiry, and the child is not required to appear unless needed for specific statements or further proceedings.
Example 2: Travel Reimbursement
A child needs to attend a Committee hearing. The Committee covers the cost of travel for both the child and one escort, ensuring that transportation expenses are reimbursed.
Common Questions and Answers on Section 91
1. Can the child’s attendance be waived during an inquiry?
- Answer: Yes, if the Committee or Board determines that the child’s attendance is not essential, they can dispense with the requirement for the child to be present during the inquiry.
2. Who decides if the child must attend the inquiry?
- Answer: The decision is made by the Committee or Board handling the case. They can order the child’s attendance or allow their absence if it’s deemed unnecessary.
3. Will the child receive reimbursement for travel expenses?
- Answer: Yes, if the child is required to attend, both the child and one escort will be reimbursed for travel expenses based on actual costs incurred.
Conclusion
Section 91 provides flexibility in the proceedings of the Juvenile Justice Act by allowing the Committee or Board to dispense with the child’s attendance during the inquiry if it’s not essential. It also ensures that travel costs for the child and an accompanying escort are reimbursed, promoting fair access to justice.
