Rabia Mustafa
1. Commission of Offence
▼
2. Police Receive Information / FIR
(Cr.P.C. Sections 154–173 apply with JJSA safeguards)
▼
3. Initial Determination of Age
If accused appears below 18
├─ Birth certificate, educational certificate or any other pertinent document
└─ Medical examination if no documents
(Sec. 8 JJSA)
▼
4. Arrest of Juvenile and Placement
├─ Cannot be arrested under preventive detention laws
└─ Cannot be kept in police station or jail
(Sec. 5 JJSA)
▼
5. Immediate Obligations of Police
├─ Inform guardian/parents
├─ Inform probation officer
└─ Place juvenile in observation home.
Preparation of the S-173 report indicating steps of referring case to Juvenile Justice Committee
(Sec. 5 JJSA)
▼
6. Legal Assistance
├─ Right to legal assistance at expense of the State
└─ Lawyer (7 years’ experience mandatory) must inform juvenile of rights within 24 hours
(Sec. 3 JJSA)
▼
7. Investigation
├─ Conducted by police officer not below the rank of Sub-Inspector
├─ Under supervision of SP / SDPO
└─ Assisted by probation or social welfare officer
→ A social investigation report prepared to be annexed with 173 report.
(Sec. 7 JJSA)
▼
8. Classification of Offence
├─ Minor offence (up to 3 years punishment)
├─ Major offence (3–7 years)
└─ Heinous offence (more than 7 years / life imprisonment / death)
(Sec. 2 definitions)
▼
9. Possibility of Diversion
├─ Minor offences → diversion mandatory
├─ Major offences → diversion if juvenile less than 16 years
└─ Heinous offences → no diversion
(Sec. 9 JJSA)
▼
10. Referral to Juvenile Justice Committee for Diversion
Referral can be made by:
├─ Police
├─ Prosecutor
└─ Juvenile Court
(Sec. 9 & 10 JJSA)
▼
11. Juvenile Justice Committee (Composition)
├─ Judicial Magistrate (Chair)
├─ Public Prosecutor
├─ Bar member (7+ years)
└─ Probation/Social Welfare Officer
(Sec. 10 JJSA)
▼
12. Modes of Diversion
├─ Restitution of property
├─ Compensation
├─ Apology
├─ Community service
├─ Fine
├─ Counseling
└─ Placement in a rehabilitation centre
(Sec. 9 JJSA)
▼
13. If Diversion Successful
└─ Case disposed → No formal trial
▼
14. If Diversion not Applicable or Failed
▼
15. Report under Section 173 Cr.P.C.
(Police report submitted to court)
▼
16. Juvenile Court Proceedings
├─ Exclusive jurisdiction over juvenile cases
├─ Trial to conclude within 6 months
├─ Limited attendance of juveniles in court
└─ Child-friendly procedure
(Sec. 4 & 11 JJSA)
▼
17. Bail Stage
├─ Minor & Major offences → treated as bailable
├─ Bail refused if association with criminals or exposure to danger
├─ Heinous offences (age more than 16): bail may be denied (If Heinous offence and the juvenile is more than 16, S-497 of Cr.P.C becomes relevant)
└─ Bail mandatory if trial delay exceeds 6 months
(Sec. 6 JJSA)
▼
18. Social Investigation Report
Prepared by probation officer including:
├─ family background
├─ education
├─ circumstances of offence
├─ rehabilitation prospects
(Sec. 14 JJSA)
▼
19. Trial
├─ Separate trial from adults
└─ Joint trial allowed only if court finds necessary
(Sec. 12 JJSA)
▼
20. Orders by Juvenile Court
Possible outcomes:
├─ Release after pardon by victim
├─ Community service
├─ Compensation / restitution
├─ Counseling
├─ Probation
└─ Placement in Juvenile Rehabilitation Centre
(Sec. 15 JJSA)
▼
21. Orders that Cannot be Passed
├─ No death penalty
├─ No imprisonment in ordinary prison
├─ No corporal punishment
├─ No fetters or labour
(Sec. 16 JJSA)
▼
22. Appeal
├─ Juvenile or guardian may appeal
└─ Appeal under Cr.P.C.
(Sec. 18 JJSA)
▼
23. Post-Conviction Consequences
└─ No disqualification attached to conviction
(Sec. 19 JJSA)
24. Overriding Effect
└─ JJSA overrides other laws
(Sec. 23 JJSA)
The writer is the co-author of the book ‘Juvenile Justice: Theory and Practice’.
