Inquiry by the Board
Chapter One Hundred Forty-Four
Syllabus topic 5, "The Juvenile Justice (Care and Protection of Children) Act"
Pages 700 to 704 of 802
In one line
The Board must finish an inquiry in four months, extendable by two, and the procedure it follows depends on the grade of the offence and on the child's age, with the petty case terminating automatically if it overruns.
In the wording a student can write in an exam: by section 14(4) of the Juvenile Justice (Care and Protection of Children) Act, 2015, if the inquiry by the Board for petty offences remains inconclusive even after the extended period, the proceedings shall stand terminated.
Section 14, the timetable
Sub-section (1). Where a child alleged to be in conflict with law is produced, the Board shall hold an inquiry and may pass such orders as it thinks fit under sections 17 and 18.
Sub-section (2), the period. The inquiry shall be completed within four months from the date of first production of the child before the Board, unless extended for a maximum of two more months by the Board, having regard to the circumstances and after recording the reasons in writing.
Sub-section (3), the preliminary assessment. A preliminary assessment in a heinous offence under section 15 shall be disposed of within three months from the date of first production.
Sub-section (4), what happens on overrun. If the inquiry for a petty offence remains inconclusive even after the extended period, the proceedings shall stand terminated. The proviso: for a serious or heinous offence, a further extension shall be granted by the Chief Judicial Magistrate or Chief Metropolitan Magistrate, for reasons to be recorded in writing.
Compare the 2000 Act. Section 14 there gave four months and an unlimited power in the Board to extend, with reasons in special cases. The 2015 Act caps the Board's own extension at two months, terminates the petty case, and moves any further extension to a judicial officer outside the Board.
The three timetables in one place
| Grade | Period | Extension | On overrun |
|---|---|---|---|
| Petty | Four months from first production | Two months, by the Board, reasons recorded | Proceedings stand terminated |
| Serious | The same | The same | Further extension by the Chief Judicial or Chief Metropolitan Magistrate, reasons recorded |
| Heinous | The same, and the preliminary assessment within three months | The same | The same as serious |
Section 14(5), the five steps for a fair and speedy inquiry
(a) Ill treatment. At the time of initiating the inquiry the Board shall satisfy itself that the child has not been subjected to any ill treatment by the police or by any other person, including a lawyer or probation officer, and shall take corrective steps if he has.
(b) Simplicity. Proceedings shall be conducted in as simple a manner as possible, in a child friendly atmosphere.
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