Tuesday, 22 October 2013

Section 10 – Apprehension of Juvenile in Conflict with law – Juvenile Justice (Care And Protection Of Children)

(1) As soon as a juvenile in conflict with law is apprehended by police, he shall be placed under the charge of the special juvenile police unit or the designated police officer, who shall produce the juvenile before the Board without any loss of time but within a period of twenty-four hours of his apprehension excluding the time necessary for the journey, from the place where the juvenile was apprehended, to the Board:
Provided that in no case, a juvenile in conflict with law shall be placed in a police lockup or lodged in a jail.]
(2) The State Government may make rules consistent with this Act—
(i) To provide for persons through whom (including registered voluntary organisations) any juvenile in conflict with law may be produced before the Board;
(ii) To provide the manner in which such juvenile may be sent to an observation home.
Comment:
Sub-section (1) of Section 10 lays down the procedure that has to be followed on arrest of a juvenile in conflict with law by police. The juvenile has to be kept in special juvenile police unit or under the designated police officer who shall immediately report the matter to a member of the Juvenile Justice Board.
Sub-section (2) authorises the State Government to make rules under the Act specifying the person or organisation through whom the juvenile will be produced before the Board and the manner in which such juvenile is to be sent to an Observation Home.

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