Code
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declaring fit persons regarding the care of children in conflict with law;
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(j) Conducting at least one inspection visit every month of residential facilities for children in conflict with law;
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(k) Ordering the police for registration of first information report (FIR) for offences committed against any child in conflict with law;
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(l) Ordering the police for registration of FIR for offences committed against any child in need of care and protection;
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(m) Conducting regular inspections of jails meant for adults to check if any child is lodged there and take immediate measures for the transfer of that child to an observation home or place of safety;
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(n) Any other function as may be prescribed.
Explanation
Section 8 outlines the exclusive powers and functions of the Juvenile Justice Board concerning children in conflict with the law. The section details the Board’s procedures and responsibilities in managing cases of children in conflict with the law and ensuring their rights, care, and rehabilitation.
The key points covered in this section include:
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Exclusive jurisdiction: The Juvenile Justice Board has exclusive authority over cases involving children in conflict with the law in its jurisdiction.
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Powers: The High Court and Children’s Court may also exercise powers conferred on the Board under specific circumstances (e.g., appeals).
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Comprehensive functions:
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Ensuring the child’s rights throughout the process (apprehension, inquiry, rehabilitation).
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Providing legal aid to the child and ensuring child-friendly procedures.
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Directing social investigations and passing judgments in line with the child’s rehabilitation.
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Inspecting facilities and ensuring no child is held in adult jails.
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Illustration
Example:
Imagine a child who has been accused of committing an offense. The Juvenile Justice Board will follow the processes laid out in this section:
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The child’s participation is encouraged, and their rights are protected throughout the apprehension, inquiry, and rehabilitation.
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The Board ensures legal aid is provided and may appoint interpreters if necessary.
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The Board may order social investigations to understand the child’s circumstances and develop a rehabilitation plan.
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The Board may also inspect jails to ensure that the child is not unjustly detained in an adult facility.
Common Questions and Answers
1. Can the Juvenile Justice Board handle cases outside its district?
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Answer: No, the Juvenile Justice Board has exclusive jurisdiction over cases involving children in conflict with the law within its area of jurisdiction, except where otherwise specified in the Act.
2. What role does the Probation Officer play in the proceedings?
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Answer: The Probation Officer is tasked with conducting a social investigation into the child’s case and submitting a report to the Board, which is crucial in the child’s rehabilitation process.
3. How does the Board ensure the child’s rights are protected?
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Answer: The Board ensures the child’s rights are protected by informed participation throughout the process, providing legal aid, ensuring child-friendly procedures, and appointing an interpreter if needed.
4. What happens if a child is found in an adult jail?
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Answer: The Board is responsible for conducting regular inspections of adult jails to ensure that no children are housed there. If a child is found, the Board ensures their immediate transfer to an appropriate facility.
Conclusion
Section 8 of the Juvenile Justice Act ensures that Juvenile Justice Boards exercise exclusive authority over cases involving children in conflict with the law within their jurisdiction. This section emphasizes child rights protection, rehabilitation, legal aid, and the importance of child-friendly procedures throughout the legal process. It also outlines the Board’s duty to monitor child welfare facilities, order necessary investigations, and ensure children are not detained with adults. Overall, it guarantees a comprehensive, rehabilitative approach to dealing with children in conflict with the law.
