Summary of Judgement

The Judgement

Rajesh Bindal, J.

1. Leave granted.

BRIEF FACTS

2. The present appeal has been filed by Child in Conflict with Law¹ impugning the order² passed by the High Court³.

3. Vide aforesaid order, the High Court set aside the order dated 10.04.2023 passed by the Board⁴.

4. Briefly, the facts as available on record are that FIR⁵ was registered against the CCL for commission of offences under sections 376(i), 342 IPC and sections 4, 5, 6, 7 and 8 of Protection of Children from Sexual Offences Act, 2012⁶. After his apprehension on 03.11.2021, the CCL was produced before the Board. On 09.11.2021, he was released on bail. After completion of investigation, charge-sheet was filed. The Board was called upon to decide the issue as to whether the CCL is to be tried by the Board or as an adult by the Children's Court. The arguments in the matter were heard on 29.03.2022 by the Principal Magistrate and a Member of the Board. The matter was adjourned to 05.04.2022 for order.

4.1 On 05.04.2022, the Principal Magistrate of the Board passed an order holding that as per preliminary assessment report and the social investigation report, the CCL is to be tried as an adult by the Children's Court. The record was directed to be transferred to the Court concerned. However, when the file was put up before the Member of the Board for signatures, he recorded:

"I am having a dissenting view to abovesaid order. I will pass detailed order on next date of hearing.". The matter was adjourned to 12.04.2022. No separate order, as recorded by the Member of the Board on 05.04.2022, was passed by him. On 12.04.2022 the matter was apparently heard afresh by two Members of the Board without there being the Principal Magistrate. Order was passed that as per the preliminary assessment report and the social investigation report, the enquiry regarding the alleged offence committed by the CCL has to be conducted by the Board as a juvenile.

4.2 An application under Section 19 of the Juvenile Justice (Care and Protection of Children) Act, 2015⁷ dated 18.10.2022 was filed by the complainant/mother of the victim before the Board for termination of proceedings and transferring the matter to the Children's Court, to which objections were filed by the CCL.

4.3 Vide order dated 10.4.2023, the Board dismissed the application.

4.4 Impugning the aforesaid order, revision petition⁸ was filed by the Complainant before the High Court, which was allowed. The impugned order dated 10.04.2023 passed by the Board was set aside. The Board was directed to transmit the record to the Children's Court for trial.

4.5 The aforesaid order is under challenge before this Court by the CCL.

ARGUMENTS OF THE APPELLANT

5. Mr. Sidharth Luthra and Mr. S. Nagamuthu, learned senior counsel appearing for the CCL, submitted that the practice of passing order while stating that the reasons will follow has been deprecated by this Court. It deprives the party concerned to avail of his appropriate remedy, when no reasons are available.

In the case in hand, firstly the Principal Magistrate mentioned that the order was being passed by him and another Member of the Board. However, the Member of the Board did not sign the same. He only mentioned that he dis-agrees with the views of the Principal Magistrate and will pass a detailed order on the next date. The matter was kept for 12.04.2022. In support of the arguments, reliance was placed upon the judgment of this Court in Balaji Baliram Mupade and Another v. State of Maharashtra and Others⁹.

5.1 It was further argued that the order passed on 05.04.2022 is not an order in the eyes of law. The matter being listed on 12.04.2022, the arguments were heard by two Members of the Board including the Member who had earlier not signed the order. An order was passed directing that the enquiry into the offence shall be conducted by the Board, treating the CCL as juvenile.

He further referred to the documents placed on record with Crl. M.P. No. 28749 of 2024 that even the Principal Magistrate was present in Court on that date. He had also heard the arguments but did not sign the order. There was a wellconsidered order passed on 12.04.2022, against which the only remedy available to the victim was to file an appeal. However, the same was not availed of within the period provided for under Section 101 of the Act.

5.2 It was further submitted that after the commencement of trial before the Board, nearly six months thereafter an application was filed for terminating the proceedings before the Board and transferring the matter to the Children's Court, to which objections were filed by the CCL. The Board appreciated the position of law correctly and dismissed the application filed by the mother of the victim.

5.3 It was submitted that even if for arguments' sake it is assumed that the order passed on 12.04.2022 cannot be legally sustained. It may, at the most, revive the order dated 05.04.2022 against which the CCL has a remedy of filing an appeal. However, in view of the developments which had taken place since the passing of the order on 12.04.2022, the CCL has been deprived of his remedy of appeal. If this Court is of the view that the order passed on 05.04.2022 was an order, the CCL be given liberty to avail remedy of appeal against the same, as with the passing of the impugned order by the High Court, the CCL has been left remediless against the order.

5.4 Section 15(1) of the Act provides for preliminary assessment regarding mental status and physical capacity of the CCL, who had allegedly committed heinous offence. In case the Board is satisfied, that enquiry into the matter has to be conducted by the Board, it shall follow the procedure as prescribed. However, an order can also be passed in terms of Section 18(3) of the Act for trial of the CCL by the Children's Court. It is only the assessment, as to whether the Board or the Children's Court has to hold inquiry or conduct trial.

5.5 Section 18(3) of the Act provides that after preliminary assessment under Section 15 of the Act, the Board shall pass an order that there is a need for trial of the CCL as an adult. The records of the case have to be transferred for trial to the Children's Court having jurisdiction.

5.6 Section 17 of the Act provides for procedure in relation to the Board. It was submitted that the Board as such is not a court and any proceeding conducted by the Board are not to be treated as an order. It is merely an opinion. The Board, as defined in section 2(10) of the Act, means the Board as constituted under section 4 thereof. It shall consist of a Metropolitan Magistrate or a Judicial Magistrate of First Class, not being the Chief Metropolitan Magistrate or Chief Judicial Magistrate with at least three years' experience and two social workers selected in the manner prescribed, one of them has to be a woman.

5.7 Section 7(3) of the Act provides that there shall be at least two members including the Principal Magistrate present at the time of final disposal of a case or make an order under Section 18(3) of the Act.

5.8 It was further submitted that the appeal against an order passed under Section 18(3) of the Act by the Board, directing trial of the CCL by the Children's Court would lie to the Court of Sessions.

5.9 The term Children's Court has been defined in Section 2(20) of the Act. It means a Court established as such under the Commissions for Protection of Child Rights Act, 2005¹⁰ or a Special Court under the 2012 Act, and where such Courts have not been designated, the Court of Sessions having jurisdiction. The argument is, that two separate authorities have been mentioned in sub-sections (1) and (2) of Section 101 of the Act, otherwise separate provisions were not required. This is the spirit of the law.

5.10 Section 19 of the Act deals with the powers of Children's Court. After receipt of the preliminary assessment from the Board under Section 15, the Children's Court may decide that the child is to be tried as an adult or that there is no need for trial of the CCL as an adult. An order passed by the Children's Court is appealable before the High Court in terms of Section 101(5) of the Act.

5.11 Reference was made to Rule 10A of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016¹¹ which prescribes the procedure for preliminary assessment regarding the age of the CCL under Section 14, and inquiry by the Board or trial by the Children's Court under Section 15 of the Act.

5.12 Referring to the aforesaid scheme of the Act, it was submitted that an assessment under Section 15 of the Act does not envisage passing of an order. It is merely a satisfaction recorded, and there is no final satisfaction recorded by the Board on 05.04.2022 as next date of hearing had been given. The matter had to be considered by the Board subsequently.

In fact, no order had been passed under Section 18(3) of the Act. Subsequent orders passed by the Board showed that the inquiry had already commenced. It was at a later stage that the Complainant filed an application for termination of proceedings before the Board, which was dismissed on 10.04.2023. The order was appealable under Section 101(1) of the Act. However, no appeal was filed. A revision was filed before the High Court under Section 397 read with Section 399 of the Cr.P.C., which was not maintainable.

5.13 It was further argued that in terms of Section 14(3) of the Act preliminary assessment under Section 15 thereof, has to be made within a period of three months from the date of first production of CCL before the Board. In the case in hand, the child was produced before the Board for the first time on 03.11.2021. The period of three months expired on 02.02.2022. No order could possibly be passed by the Board on 05.04.2022. The result thereof is that the CCL is to be tried by the Board and no order for his trial by the Children's Court could be passed thereafter.

5.14 Reliance was placed upon the judgment of this Court in Barun Chandra Thakur vs. Master Bholu & Anr.¹² to submit that this Court opined that the timelines provided for under the Act have to be adhered to. If the time provided for in Section 14(3) for preliminary assessment under Section 15 cannot be extended, no order for trial of the CCL by the Children's Court can be passed. Reliance was also placed upon judgment of this Court in Shilpa Mittal vs. State (NCT of Delhi)¹³.

ARGUMENTS OF RESPONDENTS

6. On the other hand, learned counsel for the State submitted that even after the order is passed by the Board transferring the matter to the Children's Court for trial of the CCL, it can be reconsidered by the Children's Court under Section 19(1) of the Act. Any order passed by the Children's Court is appealable under Section 101(5) of the Act. The scope of Section 101(1) and 101(2) is different. Sub-section (1) deals with final orders, whereas sub-section (2) deals with preliminary assessment. The trial of the offence is only by the Children's Court.

6.1 It was further submitted that, in terms of proviso to Section 15(1) of the Act, the Board may take assistance of experienced psychologists, psycho-social workers or other experts to enable the Board to reach a proper conclusion.

6.2 In this case, a report dated 01.02.2022 has been submitted by the Department of Child and Adolescent Psychiatry, NIMHANS-DWCO. It was in response to a letter dated 12.01.2022 from the Police Inspector, Marathahalli Police Station to the Psychiatrist, NIMHANS Hospital, Bengaluru. Going backward, learned counsel for the State referred to the interim order of the Board dated 09.11.2021 in terms of which the Board had called for the social investigation report of the child to enable the Board to pass further order in terms of Section 18(3) of the Act. However, no report was produced on 06.12.2021. The matter was adjourned from 06.12.2021 to 11.01.2022, and thereafter to 21.02.2022. The Social Investigation Report was received by the Board on 19.02.2022.

6.3 The arguments on the issue of trial of the CCL by the Children's Court or inquiry by the Board, were completed on 29.03.2022 and the matter was adjourned to 05.04.2022 for orders, when the Principal Magistrate passed an order directing for trial of the CCL by the Children's Court. Another member of the Board did not append his signature and recorded that he had a dissenting view and would pass the detailed order on the next date i.e. 12.04.2022.

In fact, in terms of Section 7(4) of the Act, the proceeding for determination of the forum, which was to conduct the inquiry or trial, concluded on that day itself, as the opinion of the Principal Magistrate is final. The manner in which the case was dealt with subsequently, is strange. Subsequent order dated 12.04.2022 was passed by different members of the Board. The entire proceedings were non-est. There was no error in the application moved by the victim for termination of proceedings before the Board and referring the matter to the Children's Court, for which an order had already been passed by the Principal Magistrate on 05.04.2022.

6.4 It was further argued that merely because proceedings under Section 15 of the Act could not be concluded within three months, by default the CCL will not be tried by the Board. The provision cannot be held to be mandatory, as no consequence of such a default has been provided in the Act. Even proviso to Section 14(4) provides for extension of time in case the inquiry as envisaged under Section 14(1) cannot be concluded within the time prescribed.

6.5 It was further submitted that though there is no direct judgment of this Court in this matter dealing with Section 14(3) of the Act. However, the learned counsel for the State referred to the following judgments of the Madhya Pradesh, Punjab & Haryana and Delhi High Courts Bhola vs State of Madhya Pradesh¹⁴, Neeraj and Others vs State of Haryana¹⁵ and X vs. State¹⁶.

6.6 It was further argued that the inquiry envisaged under Section 15 of the Act provides for taking opinion from experienced psychologists or psycho-social workers or other experts. The role of investigating officer is also relevant as he is investigating the same. There can be intentional delays caused in the process also to take benefit, in case by default CCL in a heinous offence is to be tried by the Board.

As in the case in hand the investigating officer himself took about two months in getting the report from NIMHANS. In such a situation the Board should not be treated as powerless to extend the time for reasons to be recorded. No doubt, in such a matter all the proceedings have to be completed as expeditiously as possible.

6.7 It was further submitted that there is no merit in the arguments raised by the learned counsel for the appellant, to give him liberty to challenge the order dated 05.04.2022 in case he has grievance against the same. Much water has flown thereafter. All possible arguments were raised in the revision decided by the High Court, and considered. To give liberty to the appellant to raise the same before a lower authority would be an exercise in futility. The same would rather result in delaying the process further. The prayer is for the dismissal of the appeal.

DISCUSSION

7. Heard learned counsel for the parties and perused the relevant referred record. We have divided our judgment in different parts, as mentioned below:

I. RELEVANT PROVISIONS

8. The relevant provisions of various statutes and the Rules applicable in the matter are extracted below:

EXTRACTS OF RELEVANT PROVISIONS OF THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015

"Section 2(10). "Board" means a Juvenile Justice Board constituted under section 4.

Section 2(13). "child in conflict with law" means a child who is alleged or found to have committed an offence and who has not completed eighteen years of age on the date of commission of such offence.

Section 2(20). "Children's Court" means a court established under the Commissions for Protection of Child Rights Act, 2005 (4 of 2006) or a Special Court under the Protection of Children from Sexual Offences Act, 2012 (32 of 2012), wherever existing and where such courts have not been designated, the Court of Sessions having jurisdiction to try offences under the Act.

Section 2(22). "Committee" means Child Welfare Committee constituted under section 27.

Section 2(23). "court" means a civil court, which has jurisdiction in matters of adoption and guardianship and may include the District Court, Family Court and City Civil Courts.

Section 2(33). "heinous offences" includes the offences for which the minimum punishment under the Indian Penal Code (45 of 1860) or any other law for the time being in force is imprisonment for seven years or more.

Section 4. Juvenile Justice Board.-

(1) xx xx

(2) A Board shall consist of a Metropolitan Magistrate or a Judicial Magistrate of First Class not being Chief Metropolitan Magistrate or Chief Judicial Magistrate (hereinafter referred to as Principal Magistrate) with at least three years experience and two social workers selected in such manner as may be prescribed, of whom at least one shall be a woman, forming a Bench and every such Bench shall have the powers conferred by the Code of Criminal Procedure, 1973 (2 of 1974) on a Metropolitan Magistrate or, as the case may be, a Judicial Magistrate of First Class.

(3) to (7) xx xx

Section 7. Procedure in relation to Board.-

(1) & (2) xx xx

(3) A Board may act notwithstanding the absence of any member of the Board, and no order passed by the Board shall be invalid by the reason only of the absence of any member during any stage of proceedings: Provided that there shall be atleast two members including the Principal Magistrate present at the time of final disposal of the case or in making an order under sub-section (3) of section 18.

(4) In the event of any difference of opinion among the members of the Board in the interim or final disposal, the opinion of the majority shall prevail, but where there is no such majority, the opinion of the Principal Magistrate, shall prevail.

Section 14. Inquiry by Board regarding child in conflict with law.-

(1) 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 2 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 15 shall be disposed of by the Board within a period of three months from the date of first production of the child before the Board.

(4) If inquiry by the Board under sub-section (2) for petty offences remains inconclusive even after the extended period, the proceedings shall stand terminated:

Provided that for serious or heinous offences, in case the Board requires further extension of time for completion of inquiry, the same shall be granted by the Chief Judicial Magistrate or, as the case may be, the Chief Metropolitan Magistrate, for reasons to be recorded in writing.

(5) xx xx

Section 15. Preliminary assessment into heinous offences by Board.-

(1) In case of a heinous offence alleged to have been committed by a child, who has completed or is above the age of sixteen years, the Board shall conduct a preliminary assessment with regard to his mental and physical capacity to commit such offence, ability to understand the consequences of the offence and the circumstances in which he allegedly committed the offence, and may pass an order in accordance with the provisions of sub-section (3) of section 18:

Provided that for such an assessment, the Board may take the assistance of experienced psychologists or psycho-social workers or other experts.

Explanation.-For the purposes of this section, it is clarified that preliminary assessment is not a trial, but is to assess the capacity of such child to commit and understand the consequences of the alleged offence.

(2) Where the Board is satisfied on preliminary assessment that the matter should be disposed of by the Board, then the Board shall follow the procedure, as far as may be, for trial in summons case under the Code of Criminal Procedure, 1973 (2 of 1974):

Provided that the order of the Board to dispose of the matter shall be appealable under sub-section (2) of section 101.

Provided further that the assessment under this section shall be completed within the period specified in section 14.

Section 17. Orders regarding child not found to be in conflict with law.-

(1) Where a Board is satisfied on inquiry that the child brought before it has not committed any offence, then notwithstanding anything contrary contained in any other law for the time being in force, the Board shall pass order to that effect.

(2) In case it appears to the Board that the child referred to in sub-section (1) is in need of care and protection, it may refer the child to the Committee with appropriate directions.

Section 18. Orders regarding child found to be in conflict with law.-

(1) & (2) xx xx

(3) Where the Board after preliminary assessment under section 15 pass an order that there is a need for trial of the said child as an adult, then the Board may order transfer of the trial of the case to the Children's Court having jurisdiction to try such offences.

Section 19. Powers of Children's Court.-

(1) After the receipt of preliminary assessment from the Board under section 15, the Children's Court may decide that-

(i) there is a need for trial of the child as an adult as per the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) and pass appropriate orders after trial subject to the provisions of this section and section 21, considering the special needs of the child, the tenets of fair trial and maintaining a child friendly atmosphere;

(ii) there is no need for trial of the child as an adult and may conduct an inquiry as a Board and pass appropriate orders in accordance with the provisions of section 18.

(2) The Children's Court shall ensure that the final order, with regard to a child in conflict with law, shall include an individual care plan for the rehabilitation of child, including follow up by the probation officer or the District Child Protection Unit or a social worker.

(3) The Children's Court shall ensure that the child who is found to be in conflict with law is sent to a place of safety till he attains the age of twenty-one years and thereafter, the person shall be transferred to a jail:

Provided that the reformative services including educational services, skill development, alternative therapy such as counselling, behaviour modification therapy, and psychiatric support shall be provided to the child during the period of his stay in the place of safety.

(4) The Children's Court shall ensure that there is a periodic follow up report every year by the probation officer or the District Child Protection Unit or a social worker, as required, to evaluate the progress of the child in the place of safety and to ensure that there is no ill-treatment to the child in any form.

(5) The reports under sub-section (4) shall be forwarded to the Children's Court for record and follow up, as may be required.

Section 101. Appeals. -

(1) Subject to the provisions of this Act, any person aggrieved by an order made by the Committee or the Board under this Act may, within thirty days from the date of such order, prefer an appeal to the Children's Court, except for decisions by the Committee related to Foster Care and Sponsorship After Care for which the appeal shall lie with the District Magistrate:

Provided that the Court of Sessions, or the District Magistrate, as the case may be, may entertain the appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time and such appeal shall be decided within a period of thirty days.

(2) An appeal shall lie against an order of the Board passed after making the preliminary assessment into a heinous offence under section 15 of the Act, before the Court of Sessions and the Court may, while deciding the appeal, take the assistance of experienced psychologists and medical specialists other than those whose assistance has been obtained by the Board in passing the order under the said section.

(3) No appeal shall lie from any order of acquittal made by the Board in respect of a child alleged to have committed an offence other than the heinous offence by a child who has completed or is above the age of sixteen years.

(4) No second appeal shall lie from any order of the Court of Session, passed in appeal under this section.

(5) Any person aggrieved by an order of the Children's Court may file an appeal before the High Court in accordance with the procedure specified in the Code of Criminal Procedure, 1973 (2 of 1974).

(6) & (7) xx xx

102. Revision.- The High Court may, at any time, either on its own motion or on an application received in this behalf, call for the record of any proceeding in which any Committee or Board or Children's Court, or Court has passed an order, for the purpose of satisfying itself as to the legality or propriety of any such order and may pass such order in relation thereto as it thinks fit: Provided that the High Court shall not pass an order under this section prejudicial to any person without giving him a reasonable opportunity of being heard."

EXTRACTS OF RELEVANT RULES 10, 10A, 11 & 13 OF THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) MODEL RULES, 2016

"Rule 10. Post-production processes by the Board.-

(1) On production of the child before the Board, the report containing the social background of the child, circumstances of apprehending the child and offence alleged to have been committed by the child as provided by the officers, individuals, agencies producing the child shall be reviewed by the Board and the Board may pass such orders in relation to the child as it deems fit, including orders under sections 17 and 18 of the Act, namely:

(i) disposing of the case, if on the consideration of the documents and record submitted at the time of his first appearance, his being in conflict with law appears to be unfounded or where the child is alleged to be involved in petty offences;

(ii) referring the child to the Committee where it appears to the Board that the child is in need of care and protection;

(iii) releasing the child in the supervision or custody of fit persons or fit institutions or Probation Officers as the case may be, through an order in Form 3, with a direction to appear or present a child for an inquiry on the next date; and

(iv) directing the child to be kept in the Child Care Institution, as appropriate, if necessary, pending inquiry as per order in Form 4.

(2) In all cases of release pending inquiry, the Board shall notify the next date of hearing, not later than fifteen days of the first summary inquiry and also seek social investigation report from the Probation Officer, or in case a Probation Officer is not available the Child Welfare Officer or social worker concerned through an order in Form 5.

(3) When the child alleged to be in conflict with law, after being admitted to bail, fails to appear before the Board, on the date fixed for hearing, and no application is moved for exemption on his behalf or there is not sufficient reason for granting him exemption, the Board shall, issue to the Child Welfare Police Officer and the Person-in-charge of the Police Station directions for the production of the child.

(4) If the Child Welfare Police Officer fails to produce the child before the Board even after the issuance of the directions for production of the child, the Board shall instead of issuing process under section 82 of the Code of Criminal Procedure, 1973 pass orders as appropriate under section 26 of the Act.

(5) In cases of heinous offences alleged to have been committed by a child, who has completed the age of sixteen years, the Child Welfare Police Officer shall produce the statement of witnesses recorded by him and other documents prepared during the course of investigation within a period of one month from the date of first production of the child before the Board, a copy of which shall also be given to the child or parent or guardian of the child.

(6) In cases of petty or serious offences, the final report shall be filed before the Board at the earliest and in any case not beyond the period of two months from the date of information to the police, except in those cases where it was not reasonably known that the person involved in the offence was a child, in which case extension of time may be granted by the Board for filing the final report.

(7) When witnesses are produced for examination in an inquiry relating to a child alleged to be in conflict with law, the Board shall ensure that the inquiry is not conducted in the spirit of strict adversarial proceedings and it shall use the powers conferred by section 165 of the Indian Evidence Act, 1872 (1 of 1872) so as to interrogate the child and proceed with the presumptions in favour of the child.

(8) While examining a child alleged to be in conflict with law and recording his statement during the inquiry under section 14 of the Act, the Board shall address the child in a child-friendly manner in order to put the child at ease and to encourage him to state the facts and circumstances without any fear, not only in respect of the offence which has been alleged against the child, but also in respect of the home and social surroundings, and the influence or the offences to which the child might have been subjected to.

(9) The Board shall take into account the report containing circumstances of apprehending the child and the offence alleged to have been committed by him and the social investigation report in Form 6 prepared by the Probation Officer or the voluntary or non- governmental organisation, along with the evidence produced by the parties for arriving at a conclusion.

Rule 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.

Rule 11. Completion of Inquiry.-

(1) Where after preliminary assessment under section 15 of the Act, in cases of heinous offences allegedly committed by a child, the Board decides to dispose of the matter, the Board may pass any of the dispositional orders as specified in section 18 of the Act.

(2) Before passing an order, the Board shall obtain a social investigation report in Form 6 prepared by the Probation Officer or Child Welfare Officer or social worker as ordered, and take the findings of the report into account.

(3) All dispositional orders passed by the Board shall necessarily include an individual care plan in Form 7 for the child in conflict with law concerned, prepared by a Probation Officer or Child Welfare Officer or a recognised voluntary organisation on the basis of interaction with the child and his family, where possible.

(4) Where the Board is satisfied that it is neither in the interest of the child himself nor in the interest of other children to keep a child in the special home, the Board may order the child to be kept in a place of safety and in a manner considered appropriate by it.

(5) Where the Board decides to release the child after advice or admonition or after participation in group counselling or orders him to perform community service, necessary direction may also be issued by the Board to the District Child Protection Unit for arranging such counselling and community service.

(6) Where the Board decides to release the child in conflict with law on probation and place him under the care of the parent or the guardian or fit person, the person in whose custody the child is released may be required to submit a written undertaking in Form 8 for good behaviour and wellbeing of the child for a maximum period of three years.

(7) The Board may order the release of a child in conflict with law on execution of a personal bond without surety in Form 9.

(8) In the event of placement of the child in a fit facility or special home, the Board shall consider that the fit facility or special home is located nearest to the place of residence of the child's parent or guardian, except where it is not in the best interest of the child to do so.

(9) The Board, where it releases a child on probation and places him under the care of parent or guardian or fit person or where the child is released on probation and placed under the care of fit facility, it may also order that the child be placed under the supervision of a Probation Officer who shall submit periodic reports in Form 10 and the period of such supervision shall be maximum of three years.

(10) Where it appears to the Board that the child has not complied with the probation conditions, it may order the child to be produced before it and may send the child to a special home or place of safety for the remaining period of supervision.

(11) In no case, the period of stay in the special home or the place of safety shall exceed the maximum period provided in clause (g) of sub-section (1) of section 18 of the Act.

Rule 13. Procedure in relation to Children's Court and Monitoring Authorities.-

(1) Upon receipt of preliminary assessment from the Board the Children's Court may decide whether there is need for trial of the child as an adult or as a child and pass appropriate orders.

(2) Where an appeal has been filed under sub-section (1) of section 101 of the Act against the order of the Board declaring the age of the child, the Children's Court shall first decide the said appeal.

(3) Where an appeal has been filed under sub-section (2) of section 101 of the Act against the finding of the preliminary assessment done by the Board, the Children's Court shall first decide the appeal.

(4) Where the appeal under sub-section (2) of section 101 of the Act is disposed of by the Children's Court on a finding that there is no need for trial of the child as an adult, it shall dispose of the same as per section 19 of the Act and these rules.

(5) Where the appeal under sub-section (2) of section 101 of the Act is disposed of by the Children's Court on a finding that the child should be tried as an adult the Children's Court shall call for the file of the case from the Board and dispose of the matter as per the provisions of the Act and these rules.

(6) The Children's Court shall record its reasons while arriving at a conclusion whether the child is to be treated as an adult or as a child.

(7) Where the Children's Court decides that there is no need for trial of the child as an adult, and that it shall decide the matter itself:

(i) It may conduct the inquiry as if it were functioning as a Board and dispose of the matter in accordance with the provisions of the Act and these rules.

(ii) The Children's Court, while conducting the inquiry shall follow the procedure for trial in summons case under the Code of Criminal Procedure, 1973.

(iii) The proceedings shall be conducted in camera and in a child friendly atmosphere, and there shall be no joint trial of a child alleged to be in conflict with law, with a person who is not a child.

(iv) When witnesses are produced for examination the Children's Court shall ensure that the inquiry is not conducted in the spirit of strict adversarial proceedings and it shall use the powers conferred by section 165 of the Indian Evidence Act, 1872 (1 of 1872).

(v) While examining a child in conflict with law and recording his statement, the Children's Court shall address the child in a child-friendly manner in order to put the child at ease and to encourage him to state the facts and circumstances without any fear, not only in respect of the offence which is alleged against the child, but also in respect of the home and social surroundings and the influence to which the child might have been subjected.

(vi) The dispositional order passed by the Children's Court shall necessarily include an individual care plan in Form 7 for the child in conflict with law concerned, prepared by a Probation Officer or Child Welfare Officer or recognized voluntary organisation on the basis of interaction with the child and his family, where possible.

(vii) The Children's Court, in such cases, may pass any orders as provided in sub-sections (1) and (2) of section 18 of the Act.

(8) Where the Children's Court decides that there is a need for trial of the child as an adult:

(i) It shall follow the procedure prescribed by the Code of Criminal Procedure, 1973 of trial by sessions and maintaining a child friendly atmosphere.

(ii) The final order passed by the Children's Court shall necessarily include an individual care plan for the child as per Form 7 prepared by a Probation Officer or Child Welfare Officer or recognized voluntary organisation on the basis of interaction with the child and his family, where possible.

(iii) Where the child has been found to be involved in the offence, the child may be sent to a place of safety till the age of twenty-one years.

(iv) While the child remains at the place of safety, there shall be yearly review by the Probation Officer or the District Child Protection Unit or a social worker in Form 13 to evaluate the progress of the child and the reports shall be forwarded to the Children's Court.

(v) The Children's Court may also direct the child to be produced before it perio