Tuesday, 22 April 2014

instructions to the Police officer for booking FIR on Abuse case

RC No. CWC/PRK/0605/2013 dated 6th May 2013


The Inspector of Police,
Chirala (R), Epurupalem PS,
Prakasam Dist

As you know very well that the Child Welfare Committee is also a court for the disposal of the cases of children below 18 years which is established by the Govt. of India under Sec 29(5) of Juvenile Justice (Care & Protection of Children) Act 2000, amend 2006. And this is to inform you that all the members in this committee are said to be a bench of magistrates with the powers of First Class Judicial Magistrates. Further, you know very well that, the committee has been equipped with the powers to facilitate the children in need of Care and Protection in terms of their development, care, treatment and rehabilitation under Sec 31 (2) of JJ (Care and Protection of Children) Act 2000 r/w 2006.

This is to inform you that the Child Welfare Committee of Prakasam District had observed news that was published in a daily news paper Eenadu on 03rd May 2013 regarding a sexual abuse against a girl child, aged 8 years who belong to Pullayapalem of Chirala mandal, Prakasam District by a neighbor named as Sambaiah, aged 30 years. It is come to know that the case had come to your station and a case has also been registered against the perpetrator. We appreciate your sincere efforts as per law in this regard.

But, as per Juvenile Justice (Care & Protection of Children) Act, 2000 R/w 2000, any case of the children below 18 years of the age and who are in need of care and protection must be produced before CWC within 24 hours of time. The CWC under Sec 31 (1 & 2) of JJ Act, 2000 r/w 2006 shall have the final authority and powers to disposal of the cases for the care, protection, treatment, development and rehabilitation of the children as well as to provide for their basic needs and protection of human rights. As per Sec 32(1) (i) of JJ Act 2000, R/w 2006 any police or special juvenile police unit or a designated police officer shall produce a child who is in need of care and protection before CWC. But as of now, the CWC has neither received the information nor had the victim girl been produced before it. It is an extreme violation of JJ Act.

Hence, the CWC of Prakasam Dist is hereby directed you to submit a comprehensive report on the case and register FIR under Sec 4 of POCSO Act 2012 and Sec 23 & 27 of JJ Act, 2000 amend 2006 along with appropriate Sections in IPC. It is further directed you to give an explanation with the reasons for not producing the victim girl before CWC and for not giving any information as of now.

Given under my hand with the seal of CWC dated this 6th day of May 2013

Cc: 1. The Inspector of Police, SJPU, ONGOLE
      2. The Superintendent of Police, ONGOLE, Prakasam Dist for information

(Names changed to maintain anonymity)

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