UNDERSTANDING THE CHILD IN CONFLICT WITH LAW AND ITS PROCEDURE
Category: Criminal Law
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The necessary steps are taken by the authorities to ensure individual reform is taken without much stigma and discrimination. In this article, lets us look into concept of child in conflict with law, rights of the child in conflict with law and the procedure involved in handling child in conflict with law cases.
KEYWORDS: Child in conflict with law (CCIL), care, protection, Juvenile Justice Act
INTRODUCTION
The ‘child in conflict with law’ means is the child, who has committed the offence and has not completed 18 years of age when such act was committed. It is defined under Section 2(13) of the Juvenile Justice Act 2015. In this Act, the objective is to provide the care and protection to the child who is found to be in conflict with law and requires basic needs by encouraging development, social integration and adopting child friendly approach throughout the adjudication and disposal of the matters. The concerned bodies and institutions provides the rehabilitation to the child so that they are integrated back to the society.
CONCEPT OF CHILD IN CONFLICT WITH LAW
There are certain definitions in the JJ Act which helps in understanding the procedures involved in CCIL cases. Section 2(10) of the JJ Act, defines ‘Board’, which is the constitution of Juvenile Justice Board under Section 4 of the Act. Section 2(17) defines ‘Child Welfare Officer’, who is person of children’s home responsible for following the directions given by the Committee or Board. Section 2(20) defines ‘Children’s Court’, which is established under POCSO Act 2012. Section 2(48) defines ‘Probation Officer’, is the one appointed by State Government under Probation Offenders Act 1958. Section 2(55) defines ‘Special Juvenile Police Unit’, which is the unit of police force of city or district that handles children.
The offences by CCIL are categorized into three types based on the severity of crime. Petty offences have maximum punishment of less than 3 years of imprisonment under Bharatiya Nyaya Sanhita (BNS). Serious offences have punishment between 3 or 7 years of imprisonment under BNS. Henious offences have punishment between 7 years or more.
The reasons which lead the children to get in conflict with law are the broken families, influence of peer groups, organized groups and the situations or the circumstances they get involved such as poverty, hunger.
RIGHTS OF CHILD IN CONFLICT WITH LAW
As the State has acceded to the International convention on the rights of the child, in the JJ Act enacted in India, Chapter 2 is about the 16 general principles of care and protection of children. They are to presume the child to be innocent of any criminal intention upto 18 years. The child has to be treated with equal rights and dignity. Every child should have right to be heard and to participate in processes taking their view into consideration based on the age and maturity of child. The decisions taken must be in the best interests of the child so that they develop to their complete potential. The care and protection taken by the authority should be similar to that of family responsibility and giving the emotional support like biological parents or guardians. It should that child is in the safe environment and not subject to harm or abuse. All resources have to be mobilized to promote the well-being of the child and provide inclusive environment. There cannot be usage of accusatory words or waiving of the rights by child itself, Board or Committee. There should be no discrimination of the child on grounds of sex, place of birth, ethnicity. The child has the right to unite with family at earliest. The principles of natural justice are applied in the proceedings or the procedure of the case.
PROCEDURES INVOLVED IN HANDLING IN CCIL CASES
Apprehension of child in conflict with law – Section 10
The child apprehended by police should be put under charge of special juvenile unit or designated child welfare police officer as soon as possible. They then produce the child before the Board within 24 hours excluding the time of journey. They should not place in jail or police lockup. The rules are made by State Government to facilitate persons who present the child before the board or suggest the manner in which the child has to be sent to an observation home or place of safety.
Role of person in whose charge CCIL is placed – Section 11
The person under whose charge the child is placed should take the responsibility as child’s parent and give maintenance to the child to its best interests. The child will stay under the charge of person until the period mentioned by Board.
Bail to child in conflict with law – Section 12
The child will be released on bail with or without surety though committed bailable or non-bailable offence. The child is not released if any reasonable grounds found that by release might bring danger in the society or any other person. The records are recorded by Board if bail is denied to such child. Then they shall be sent back to the observation home.
Information to the parents, guardians or probation officer – Section 13
When the child is apprehended, chief welfare police officer of police station or special juvenile police unit should inform their parents, guardian or probation officer as soon as possible. The parents are told to be present when is child is brought before the court. The probation officer has to provide information about the family background to the Board for an inquiry. When child is released on bail then probation officer has to be informed.
In A V Gopal Kumar v. State of Kerala, allegation was made for the attempt of culpable homicide. Complainant was jointly assaulted by main accused being father of juvenile with knife while son was also involved in assault. It was held that child should be placed under charge of designated officer who will produce before Juvenile Board. The conditions of bail compelling the juvenile to report in police station during investigation are not proper.
CONCLUSION
JJA 2015 focuses on the growth and development of the child in conflict with law. This legal framework ensures that the child is protected and kept under the custody of concerned authority but not in the judicial custody so that they are reformed and be integrated back to the society. The procedure involved is child friendly and deal which the emotional and social aspects of the child during their stay in observation homes. This ensures the rights of the child is protected and rehabilitated to get back the child to the society and the family at the earliest.
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WRITTEN BY: SOUJANYA V
GUIDED BY: ADVOCATE ANIK
