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Inquiry by Board


 Inquiry by Board
Inquiry by Board

Inquiry by Board regarding child in conflict with law

Section 14 of the Juvenile Justice Act outlines the inquiry process conducted by the Board regarding children in conflict with the law:


Conduct of Inquiry: Upon the production of a child alleged to be in conflict with the law before the Board, an inquiry shall be conducted in accordance with the provisions of the Act. The Board holds the authority to issue orders pertaining to the child as deemed appropriate under sections 17 and 18 of the Act.


Timeline for Inquiry: The inquiry must be completed within a period of four months from the date of the child's initial presentation before the Board. However, the Board may extend this period by a maximum of two months, considering the circumstances of the case, and must record the reasons for such extension in writing.


Preliminary Assessment for Heinous Offences: In cases involving heinous offences under section 15, the Board must dispose of the preliminary assessment within three months from the child's initial appearance before the Board.


Termination of Proceedings for Petty Offences: If the inquiry for petty offences remains inconclusive even after the extended period, the proceedings shall be terminated. However, for serious or heinous offences, if the Board requires further extension, approval must be obtained from the Chief Judicial Magistrate or Chief Metropolitan Magistrate, with reasons recorded in writing.


Steps to Ensure Fair and Speedy Inquiry: The Board shall undertake the following measures to ensure a fair and expeditious inquiry:


  • Verify that the child has not been subjected to any mistreatment by the police or any other individual involved in the proceedings, taking corrective action if necessary.


  • Conduct proceedings in a straightforward manner, ensuring a child-friendly environment for the proceedings.


  • Provide every child brought before the Board with the opportunity to be heard and participate in the inquiry.


  • Dispose of cases of petty offences through summary proceedings as prescribed under the Code of Criminal Procedure, 1973.


  • Handle inquiries for serious offences following the procedure for trial in summons cases under the Code of Criminal Procedure, 1973.


  • Adjudicate inquiries for heinous offences based on the age of the child at the time of the offence, with distinct procedures for those below and above the age of sixteen.

 
 

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