JJJ Rules 10AChapter III · Procedure in Relation to Children in Conflict With Law

Section 10A · Preliminary assessment into heinous offences by Board

(1)

The Board shall in the first instance determine whether the child is of sixteen years of age or above; if not, it shall proceed as per provisions of section 14 of the Act.

(2)

For the purpose of conducting a preliminary assessment in case of heinous offences, the Board may take the assistance of psychologists or psycho-social workers or other experts who have experience of working with children in difficult circumstances. A panel of such experts may be made available by the District Child Protection Unit, whose assistance can be taken by the Board or could be accessed independently.

(3)

While making the preliminary assessment, the child shall be presumed to be innocent unless proved otherwise.

(4)

Where 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 assign reasons for the same and the copy of the order shall be provided to the child forthwith.

(5)

The age of the child shall be determined by the Board, before it takes a final decision on the basis of the preliminary assessment as to whether the matter should be disposed of by it or transferred to the Children's Court.

(6)

The Board shall, before taking a decision in this regard, take into consideration the social investigation report in Form 6 prepared by the probation officer or the recognized voluntary or non-governmental organization.

(7)

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, where available. The child may, in addition be represented through his counsel and the submissions on behalf of the child would be considered and recorded in the order in full detail.

(8)

The gravity of the offence by itself shall not be the determining factor for taking a decision based on the preliminary assessment.

(9)

While making the preliminary assessment, the Board shall be guided by the fundamental principle that the child in conflict with law is presumed to be innocent of any malafide or criminal intent up to the age of eighteen years and therefore must consider whether there is material available on record which could prima facie dispel the presumption.

(10)

The Board shall take into consideration the principle of best interest of the child and the objective of rehabilitation and reintegration of the child in the society.

(11)

The Board, while conducting a preliminary assessment, may consider:

(i)

whether the child also qualifies as a child in need of care and protection;

(ii)

whether the child has himself been a victim of any offence in the past;

(iii)

whether the child has had a history of abuse and exploitation;

(iv)

whether the unlawful conduct has been done for survival;

(v)

whether the alleged offence has been committed due to situational factors such as the child being put to extreme mental trauma and cruelty to compel him to commit an offence;

(vi)

whether the child had committed the offence under coercion or fear of mental or physical harm to himself or to some other person connected with him or her by blood or friendship or affinity;

(vii)

whether the alleged offence has been committed under the control of adults, or with an adult or the child has been used by a group of adults, and if so, the Board shall consider the aspect whether independent of the influence of the adults, the child may not have committed the offence;

(viii)

whether the child suffers from a mental illness or disorder;

(ix)

whether the child is prone to taking drugs or alcohol;

(x)

whether the child is under the influence of peer groups or associates with those who present risk of harm e.g. sexual offenders, drug peddlers etc or criminals;

(xi)

whether the child has been involved in violent incidents prior to the alleged offence;

(xii)

whether the child has been previously involved and held involved in any offence;

(xiii)

whether the child has suicidal tendencies or of harming himself; and

(xiv)

whether the child has been recruited or used or forced by any non-State, self-styled militant group or outfit declared as such by the Central or the State Government and whether such child was in a position to desist influences and pressures excreted by such actors in the given circumstances of his or her life etc.

(12)

(13)

The Board, at the time of passing the order to transfer the trial of the case to the Children's Court, shall specify the date and time and the court where the child is to appear/ be produced.

(14)

The Board, while transferring the trial of the case to the Children's Court having jurisdiction to try such offences, shall handover the records available with it, including the reports of experts and the social investigation report forming the basis of the preliminary assessment, a copy of the same can be retained with JJB.

(15)

Any statement made by the child during the interaction to the Board or the Principal Magistrate or the Member, at the time of preliminary assessment shall not be used against the child in any manner during the course of inquiry or trial before the Children's Court or before the Board itself.

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