before the court is under the age of sixteen years, may be tried by the
court of a chief judicial magistrate, or by any court specially powered
under the children act 1960 or any other law for the time being in force
providing for the treatment, training and rehabilitation of youthful
offenders”.
Thus the state has the duty of according proper care and protection to
children at all times, as it is on their physical and mental well being that
the future of the nation depends. A child produced before the court charged
with bailable or non bailable offence, is to be released on bail with or without
sureties. The court shall not release him, if the release is likely to bring him
into association with any ill-reputed criminal or may expose him to moral
danger. Such a child must be committed to a remand home.
The officer in charge should inform the parents or the guardian to be
present when the child is produced before the juvenile court. The officer
in charge should also inform the probation officer.
The Procedures
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The parents must be immediately notified upon the initial
apprehension of the juvenile.
The care humanness, firmness and care for welfare must be
consciously bestowed by the personnel on his admission into the
juvenile detention centre.
During the initial contact between the juvenile and the police and the
other agents of the juvenile homes, the well being of the juvenile must
be respected and no harm should be caused to him or her.
Provisions of JJ Act in the Andhra Pradesh Police Manual clearly mention
that when a delinquent juvenile (Juvenile in conflict with law) is arrested
for committing any offence; he shall not be kept in lockup nor handcuffed.
He shall be released on bail whether the offence is bailable or non-bailable
provided an undertaking is given by his parents or guardians to take care
of him and for production in court. If any body does not offer surety, he
shall be forwarded to observation home pending enquiry.
A juvenile delinquent should be interrogated with sympathy, care and
caution. He should be questioned in isolation and police officers should
never be authoritative with him/her.
Manual on Human Rights for Police Officers
49