JKJJ Rules 21Chapter I · 1. Short title and commencement.

Section 21 · Procedure to be followed by a Board in holding inquiries and the determination of age

(1)

In all cases under the Act the proceedings shall be conducted in as simple a manner as possible and care shall be taken to ensure that the juvenile against whom the proceedings have been instituted is given home like atmosphere during the proceedings.

(2)

When witnesses are produced before examination, the Board shall be free to use the power under section 165 of the Indian Evidence Act, 1872(1 of 1872), to question them so as to bring out any point that may go in favour of the juvenile or the child.

(3)

While examining a juvenile and recording his statement, the competent authority shall be free to address the juvenile or child in any manner that may seem suitable, in order to put the juvenile at ease and to elicit the true facts, not only in respect of the offence of which the juvenile is accused, but also in respect of the home and social surroundings and the influence to which the juvenile might have been subjected.

(4)

The record of the examination shall be in such form as the Board may consider suitable having regard to the contents of the statement and circumstances in which it was made.

(5)

In every case concerning a juvenile, the Board shall either obtain:-

(i)

a birth certificate given by a corporation or a municipal authority; or

(ii)

a date of birth certificate from the school first attended; or

(iii)

matriculation or equivalent certificate, if available; and

(iv)

in the absence of (i) to (iii) above, the medical opinion by a duly constituted Medical Board, subject to a margin of one year, in deserving cases for the reasons to be recorded by such Medical Board, regarding his age; and, when passing orders in such case shall, after taking-into consideration such evidence as may be available or the medical opinion, as the case may be, record a finding in respect of his age.

(6)

The Government shall recognize registered voluntary organizations, to supervise and submit periodical reports, as directed by the Board regarding the orders passed under clauses (a) (b) and (c) of Section 12 of the Act.

(7)

In accordance with the rules made under sub-section (1) of Section 13 of the Act, the Board shall, in Form-I, order a Probation Officer, or otherwise to conduct a social investigation, reporting on the character and antecedents of the juvenile or child with a view to assessing the best possible mode for placement, such as, with the family, an institution or otherwise permission under the Act.

(8)

When a juvenile or child is placed under the care of a parent or a guardian and the Board considers it expedient to place the juvenile or child under the supervision of a probation officer, it shall issue a supervision order in Form-II.

(9)

The competent authority may, while making an order placing a juvenile under the care of a parent, guardian or fit person, as the case may be, direct such parent, guardian or fit person to enter into a bond in Form IV with or without sureties.

(10)

Whenever the Board orders a juvenile to be kept in an institution, it shall forward to the Superintendent of Homes of such institution a copy of its order, in Form-III with particulars of the home and parents or guardian and previous record.

(11)

The juvenile or child shall be lodged in a home closest to where he belongs.

(12)

The Officer-in-Charge of an institution, certified as special home under sub-section 1 of section 10 of the Act, shall be informed in advance by the Board before any juvenile or child is committed to it.

(13)

The Officer-in-Charge of the said institution may, on receipt of the information, intimate in writing objections, if any, to the committal of the juvenile or child and the objections shall be taken into consideration by the Board before the juvenile or child is committed to the said institution.

(14)

In case the Board orders the parent of the juvenile or the child to pay a fine and the amount realized shall be deposited in the government treasury.

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