How to issue summons under JJ Act, 2000 amend 2006 to the perpetrator who committed sexual abuse against a minor girl?
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.
It is further to bring to your kind notice that, under Sec 54 (1) of JJ Act 2000 amend 2006 it is clearly mentioned about the Procedure in inquiries, appeals and revision proceedings.- Save as otherwise expressly provided by this Act, a competent authority while holding any inquiry under any of the provisions of this Act, shall follow such procedure as may be prescribed and subject thereto, shall follow, as far as may be, the procedure laid down in the Code of Criminal Procedure, 1973 (2 of 1974) for trials in summons cases.
Whereas the Child Welfare Committee is empowered to exercise the powers conferred under Code of Criminal Procedure, 1973 (2 of 1974) with the Sec 54, 61, 62, 63, 66, 70, 71 and 72 as and when it is applicable in disposal of the cases of children in need of care and protection. As per Sec 66 of Cr. PC says that, service on Govt Service may be on the head of the department.
By keeping in view of all the powers conferred under both JJ Act, 2000 amend 2006 as well as under Code of Criminal Procedure, 1973 (2 of 1974) the CWC is empowered to issue notice to the head of the departments/ Public servants/ any perpetrator as and when it is required while disposing the cases of children in need of care and protection services followed by the fundamental principle of JJ Act, 2000 amend 2006 which is “In the Best interest of Children”.