Himachal notifies Juvenile Justice Rules: ‘No FIR against juveniles unless offence heinous’

However, if a juvenile is found to be involved in a crime along with adults, an FIR will be mandatorily registered. The performa related to the juveniles in the conflict of law will have three categories of offences including petty, serious and heinous.

A DSP rank officer in Shimla told The Indian Express though police doesn’t arrest a juvenile in conflict with law, but FIRs were lodged for every offence from theft and snatching to assault. “We are yet to get a copy of the new Rules”.

In cases of heinous offences alleged to have been committed by a child, who has completed the age of 16 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 Juvenile Justice Board, a copy of which shall also be given to the child or parent or guardian of the child.

The Rules further add that apprehension of a child should be limited to cases involving heinous offences, unless such action is deemed to be in the best interest of the child. In cases involving petty or serious offences where apprehension is not necessary, the police will instead inform the Board and notify the child’s parents or guardians regarding the date of appearance.

The Rules mandate the constitution of one or more Juvenile Justice Boards in each district through official notification. Each Board will be headed by a Judicial Magistrate First Class with at least three years of experience, designated as the Principal Magistrate. The Board will also include two social worker members, one of whom must be a woman, forming a bench. These members will be appointed by the state government on the recommendations of a selection committee. Similarly, the Rules provide for the constitution of Child Welfare Committees in each district. The chairperson and members will be appointed by the state government based on recommendations of the selection committee.

Members must be between 35 and 65 years of age and possess qualifications in fields such as child psychology, psychiatry, law, social work, sociology, education, or human development. The Rules also tighten norms for the registration of Child Care Institutions (CCIs). All institutions providing care to children in need of protection or those in conflict with law — whether run by the government or voluntary organisations — must be registered under the Juvenile Justice Act, irrespective of their registration under any other law.

Institutions are required to submit detailed documentation, including their governing structure, financial records for the previous three years, and a record of social service. They must also furnish a declaration confirming that they have not been involved in any child abuse, child labour, or immoral activities, and have not been blacklisted by any authority.