g transferring to the Committee, matters concerning the child alleged to be in — THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015

; g transferring to the Committee, matters concerning the child alleged to be in

section 14; g transferring to the Committee, matters concerning the child alleged to be in conflict with law, stated to be in need of care and protection at any stage, thereby recognising that a child in conflict with law can also be a child in need of care simultaneously and there is a need for the Committee and the Board to be both involved; h) disposing of the matter and passing a final order that includes an individual care plan for the child's rehabilitation, including follow up by the Probation Officer or the District Child Protection Unit or a member of a non-governmental organisation, as may be required; conducting inquiry for declaring fit persons regarding care of children in conflict with law; conducting at least one inspection visit every month of residential facilities for children in conflict with law and recommend action for improvement in quality of services to the District Child Protection Unit and the State Government; order the police for registration of first information report for offences committed against any child in conflict with law, under this Act or any other law for the time being in force, on complaint made in this regard; order the police for registration of first information report for offences committed against any child in need of care and protection; under this Act O any other law for the time being in force, 0n a written complaint by a Committee in this regard; (m conducting regular inspection of jails meant for adults to check if any child is lodged in such jails and take immediate measures for transfer of [that child to an observation home or place of safety, as the case may be]; and any other function as may be prescribed. 9_ Procedure to be followed by a Magistrate who has not been empowered under this Act: -(1) When Magistrate , not empowered to exercise the powers of the Board under this Act is of the opinion 1. Subs. by Act 23 of 2021 5,for "of such a child to the observation home" (W.e.f: 1-9-2022) 14 that the person alleged to have committed the offence and brought before him is a child, he shall, without any delay, record such opinion and forward the child immediately along with the record of such proceedings to the Board having jurisdiction. (2) In case a person alleged to have committed an offence claims before a court other than Board, that the person is a child o was a child on the date of commission of the offence, Or if the court itself is of the opinion that the person was a child on the date of commission of the offence, the said court shall make an inquiry, take such evidence as may be necessary (but not an affidavit) to determine the age of such person, and shall record a finding on the matter , stating the age of the person as nearly as may be: Provided that such a claim may be raised before any court and it shall be recognised at any stage, even after final disposal of the case, and such claim shall be determined in accordance with the provisions contained in this Act and the rules made thereunder even if the person has ceased to be a child on or before the date of commencement of this Act. (3) If the court finds that person has committed an offence and was child on the date of commission of such offence; it shall forward the child to the Board for passing appropriate orders and the sentence, if any, passed by the court shall be deemed to have no effect In case a person under this section is required to be kept in protective custody, while the person claim of being a child is being inquired into, such person may be placed, in the intervening period in a place of safety. CHAPTER IV PROCEDURE IN RELATION TO CHILDREN IN CONFLICT WITH LAW 10. Apprehension of child alleged to be in conflict with law:-(Z) As soon as a child alleged to be in conflict with law is apprehended by the police, such child shall be placed under the charge of the special juvenile police unit or the designated child welfare police officer who shall produce the child before the Board without any loss of time but within a period of twenty-four hours of apprehending the child excluding the time necessary for the journey, from the place where such child was apprehended: Provided that in no case, a child alleged to be in conflict with law shall be placed in a police lockup or lodged in a jail. (2) The State Government shall make rules consistent with this Act; to provide for persons through whom (including registered voluntary O non-governmental organisations) any child alleged to be in conflict with law may be produced before the Board; (ii) to provide for the manner in which the child alleged to be in conflict with law may be sent to an observation home O place of safety, as the case may be. 11. Role of person in whose charge child in conflict with law is placed.-~Any person in whose charge a child in conflict with law is placed, shall while the order is in force, have responsibility of the said child, as if the said person was the child'$ parent and responsible for the child'$ maintenance: Provided that the child shall continue in such person S charge for the period stated by the Board, notwithstanding that the said child is claimed by the parents or any other person except when the Board is of the opinion that the parent Or any other person are fit to exercise charge over such child. 12. Bail to a person who is apparently a child alleged to be in conflict with law _ (1) When any person, who is apparently child and is alleged to have committed a abailable o non-bailable offence, is apprehended or detained by the police or appears or brought before Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) O in any other law for the time being in force, be released on bail with or without surety Or placed under the supervision of a probation officer O under the care of any fit person: Provided that such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal Or expose the said person to moral, physical O psychological danger Or the person's release would defeat the ends of justice, and the Board shall record the reasons for denying the bail and circumstances that led to such a decision. 15 (2) When such person having been apprehended is not released on bail under sub-section (1) by the officer-in-charge of the police station, such officer shall cause the person to be kept only in an observation home '[or a place of safety, as the case may be] in such manner as may be prescribed until the person can be brought before a Board. (3) When such person is not released on bail under sub-section (1) by the Board, it shall make an order sending him to an observation home O a place of safety, as the case may be, for such period during the pendency of the inquiry regarding the person, as may be specified in the order: When a child in conflict with law is unable to fulfil the conditions of bail order within seven days of the bail order; such child shall be produced before the Board for modification of the conditions of bail. 13. Information to parents, guardian or probation officer (1) Where child alleged to be in conflict with law is apprehended, the officer designated as Child Welfare Police Officer of the police station, Or the special juvenile police unit to which such child is brought, shall, as soon as possible after apprehending the child, inform the parent O guardian of such child, if they can be found, and direct them to be present at the Board before which the child is produced; and (ii) the probation officer; or if no probation officer is available, Child Welfare Officer, for preparation and submission within two weeks to the Board; a social investigation report containing information regarding the antecedents and family background of the child and other material circumstances likely to be of assistance to the Board for making the inquiry. (2) Where child is released on bail, the probation officer O the Child Welfare Officer shall be informed by the Board: 14. Inquiry by Board regarding child in conflict with law: = Where a child alleged to be in conflict with law is produced before Board, the Board shall hold an inquiry in accordance with the provisions of this Act and may pass such orders in relation to such child as it deems fit under sections 17 and 18 of this Act. (2) The inquiry under this section shall be completed within a period of four months from the date of first production of the child before the Board, unless the period is extended, for a maximum period of two more months by the Board, having regard to the circumstances of the case and after recording the reasons in writing for such extension: (3) A preliminary assessment in case of heinous offences under

Section Section 14