Procedure in issuing summons / warrant by CWC

From :
Bathula Chinnaiah
Chairperson - CWC
Karnul District.

Question: Please reveal the procedure in issuing summons / warrant by CWC

Summons and warrants:

The CWC can ask relevant persons connected with the child’s life and circumstances to come before the CWC. These could include a parent, teacher, doctor, neighbour, social worker/NGO staff, employer and any significant adult related to that particular case. At first, these persons could be called through a letter sent by Registered AD. If there is no response to the letter, then CWC can issue summons under section 54 of JJ Act, 2000.

Summons:

CWC issues summons through the SJPU/police. The summons are to be prepared in duplicate, (Annexure 10) the original is to be given to the party that is being summoned and the second remains as a copy. If the party does not turn up on the day that they were summoned for the hearing, the CWC can order the police to serve the summons again.

The summons are sent to the address of the person being asked to come before the CWC. The summons can be received by any adult member at the address of the person being summoned.

When the summons are served, the police is expected to take the signature and date of the adult receiving the summons. If the party is unable to attend the date given by the CWC, he /she is expected to write the reason for not being able to come on that date on the copy of the summons. 

If the party is not available at home, the police is expected to paste the copy of the summons on the door, especially if the visit by police has already been made three times.

If the person summoned has not appeared before CWC even after he has been issued summons thrice, the CWC can issue a Notice to the person. (See annexure-10 in SOP )

If the summons are served to the police for evidence or any other matter and the police is unable to attend on that date, the police will give its reasons in writing for not being able to appear before the CWC. This application has to be approved by her/his senior officer.

Warrant:

If there is no response to the Notice, CWC issues a bailable warrant asking the person to come and see the CWC.  If the person fails to come and also fails to give reason and proof for not being able to come and meet the CWC, the 2nd  time a non bailable warrant is issued and the police can arrest the person. 

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ANNEXURE

SUMMONS TO A WITNESS

CHILD WELFARE COMMITTEE, ……………………DISTRICT

Date:
Admn. No.
Probation Officer:
Police Station:
Case No.:

To,
……………………………………………………………
……………………………………………………………
………………………………………………………….

Boy child / Girl child: ……………………………
Under Section: …………………………………….
You are her by summoned to appear the Child Welfare Committee, …………………………………… (District) on ……………………………… at …………………………. to testify that what you know in the matter of the ‘child in need of Care and Protection’.

Given under the hand and seal of

the Child Welfare Committee,

………………………………..District.

Chairperson/Member,

Child Welfare Committee,

…………………………….. (DISTRICT)

Action by CWC in case of a licensed home rejected to admit a child in need of care and protection services

From:

G Murali Krishna

Member – CWC

SPSR Nellore Dist

Question: In case if the licensed homes reject the child referred by CWC for placement in the institutions, what action can CWC take?  Please let me know? 

The CWCs are expected to monitor the standards of care and protection in institutions within their jurisdiction. If the CWC find malpractices in relation to the care of children in institutions, such matters should be reported to the Commissioner/Director, Juvenile Welfare, Correctional Services and Welfare of Street Children to take immediate action.

Procedures for recording statement of the child from POCSO ACT – 2012

From:

MS. I. SARADA,

Chairperson,

Child Welfare Committee,

 KADAPA Dist.

Question:

Respected Sir,

Please send details regarding Child Statement recording Procedures as per POCSO Act, 2012 when the child was sexually abused. Especially I need the details to be recorded from Police and other competent authorities.

Respected Chairperson,

Please refer the below procedures for recording statement for your information.

Procedures for recording statement of the child from POCSO ACT – 2012

Chapter VI, Section 24 (Recording of a statement of a child)

(1)   The statement of the child shall be recorded at the residence of the child or at a place where he usually resides or at the place of her/his choice and as far as practicable by a woman police officer not below the rank of sub-inspector.

(2)   The police officer while recording the statement of the child shall not be in uniform.

(3)   The police officer making the investigation, shall, while examining the child, ensure that at no point of time the child come in the contact in any way with the accused.

(4)   No child shall be detained in the police station in the night for any reason.

(5)   The police officer shall ensure that the identity of the child is protected from the public media, unless otherwise directed by the Special Court in the interest of the child.

Chapter VI, Section 25 (Recording of a statement of a child by Magistrate)

(1)   If the statement of the child is being recorded under section 164 of the Code of Criminal Procedure, 1973 (herein referred to as the Code), the Magistrate recording such statement shall, notwithstanding anything contained therein, record the statement as spoken by the child: Provided that the provisions contained in the first provision to sub-section (1) of section 164 of the Code shall, so far it permits the presence of the advocate of the accused shall not apply in this case.

(2)   The Magistrate shall provide to the child and his parents or his representative, a copy of the document specified under section 207 of the Code, upon the final report being filed by the police under section 173 of that Code.

Chapter VI, Section 26 (Additional provisions regarding statement to be recorded

(1)   The Magistrate or the police officer, as the case may be, shall record the statement as spoken by the child in the presence of the parents of the child or any other person in whom the child has trust or confidence.

(2)   Wherever necessary, the Magistrate or the police officer, as the case may be, may take the assistance of a translator or an interpreter, having such qualifications, experience and on payment of such fees as may be prescribed, while recording the statement of the child.

(3)   The Magistrate or the police officer, as the case may be, may, in the case of a child having a mental or physical disability, seek the assistance of a special educator or any person familiar with the manner of communication of the child or an expert in that field, having such qualifications, experience and on payment of such fees as may be prescribed, to record the statement of the child.

(4)   Wherever possible, the Magistrate or the police officer, as the case may be, shall ensure that the statement of the child is also recorded by audio-video electronic means.

Chapter VI, Section 27 (Medical Examination of a Child)

(1)   The medical examination of a child in respect of whom any offence has been committed under this Act, shall, notwithstanding that a First information Report or complaint has not been registered for the offences under this Act, be conducted in accordance with section 164A of the Code of Criminal Procedure, 1973.

(2)   In case the victim is a girl child, the medical examination shall be conducted by a woman doctor.

(3)   The medical examination shall be conducted in the presence of the parent of the child of the child or any other person in whom the child reposes trust or confidence.

Where, in case the parent of the child or other person referred to in sub-section (3) cannot be present, for any reason, during the medical examination of the child, the medical examination shall be conducted in the presence of a woman nominated by the head of the medical institution.

PROCEEDINGS TO POLICE FOR REGESTERING FIR IN SEXUAL ABUSE CASE:

From:

Kishore

Member – CWC Prakasam Dist

Dear sir

Recently A minor girl was sexually abused and approached to CWC. The CWC had immediately recorded her statement under Sec 164 (5) Cr PC exercising the powers under Sec 31(2) of JJ (Care & Protection of Children) Act, 2000 amend 2006.

Please let me know how to send proceedings to the concern police station to file FIR based on the relevant sections.

PROCEEDINGS

CWC/PRK/1012/2015/Dated 10^th Dec 2015

To,

The Inspector of Police,

_____________ Station,

___________________.

The Child Welfare Committee as per Section 29(5) of the Juvenile Justice (Care & Protection of Children) Act, 2000, amend 2006 is a statutory authority constituted by the Govt. of AP and functioning as a Bench of Magistrates with powers of Judicial Magistrates of the First class.  The Child Welfare Committee (hereinafter CWC) under the Act is the final authority to dispose of cases concerning children (not completed 18 years of age) in need of care and protection in terms of their development, care, treatment and rehabilitation. The CWC is also empowered to inquire into offences committed against children.

Whereas the Child Welfare Committee is hereby came to know that, a minor girl XXXX, aged 15 years D/o XXXX belong to Gokavaram village of East Godavari district has been rescued by you. The CHILDLINE 1098 of ONGOLE has produced the said girl before CWC on 2^nd Feb 2015 under Sec 32 (1) (iii) of Juvenile Justice (Care and Protection of Children) Act, 2000 amend 2006.  

The CWC had immediately recorded her statement under Sec 164 (5) Cr PC exercising the powers under Sec 31(2) of JJ (Care & Protection of Children) Act, 2000 amend 2006. As per the statement of the said victim girl the findings of CWC are as below:

-          The girl aged 15 years.

-          The victim girl belong to a poor family belong to said address as above in East Godavari Dist.

-          She has been procured to ONGOLE and joined in a brothel at Annavarappadu by a woman called Sudha belong to Kothaapalli village near Gokavaram of East Godavari Dist

-          She underwent rigorous sexual exploitation and physical assault by the perpetrators. 

After recording the statement of the said girl, the CWC has referred the girl to Bala Sadan ONGOLE for further care and protection services along with basic amenities. Anyhow, your efforts and such a great concern in rescuing minor girls who are in vulnerable situations is really appreciated by the committee. Hope this continues further for the protection of children.…

… 2 …

In this above context, the CWC being a Bench of Magistrates having the powers of final disposal authority of the cases of children below 18 years under Sec 31 of Juvenile Justice (Care and Protection of Children) Act, 2000 amend 2006 is hereby directed to book a FIR for stringent punishment against the perpetrator under Sections ________________________________________ of ___________ Act.

The CWC is further directed you to submit the copy of FIR at an earliest along with the information on action taken against the perpetrator/s, who ________ the girl and submit the status of execution of CWC instructions within a week.

Given under my hand with the seal of CWC dated this 10^th day of Dec 2015

Encl:

1.      Statement of Victim girl recorded under Sec 164 (5) Cr.PC

Cc:

1.      To the Hon’ble District Judge – ONGOLE – Prakasam Dist

2.      To the Superintendent of Police, Prakasam Dist

3.      The DCPO, DCPU – ONGOLE for follow up and execution of above proceedings

4.      The Inspector of Police, SJPU, ONGOLE for follow-up

CWC approval to admit children in need of care and protection in any children homes

నమస్కారము. 

నా పేరు పి. రత్నం, బాలల సంక్షేమ సమితి మెంబరు,తూర్పు గోదావరి జిల్లా . 

ప్రభుత్వ హోంలలో బాలలను చేర్చుకోవాలంటే బాలల సంక్షేమ సమితి ఉత్తర్వులు తప్పనిసరి, అలాగే  ప్రైవేటు హోమ్ లలో బాలలను చేర్చుకోవాలంటే వారికి కూడా బాలల సంక్షేమ సమితి ఉత్తర్వులు అవసరమా? కొంత మంది క్రిస్టియన్ సంస్థలు పిల్లలను చేర్చు కుంటున్నారు.  ఆ క్రమంలో వారికి  బాలల సంక్షేమ సమితి ఉత్తర్వులు అవసరం లేదంటున్నారు. బాలల సంక్షేమ సమితి ఉత్తర్వులు ఎటువంటి హోమ్ లకు అవసరము. దయచేసి తెలియజేయగలరు.

కృతజ్ఞతలు 

పువ్వల రత్నం, మెంబరు,

బాలల సంక్షేమ సమితి

Clarification:

A.      Juvenile Justice Act- 2000, (Child in Need of Care and Protection) Chapter – III,  Section 31 (Powers of Committee) ప్రకారం:

(1)    The committee shall have the final authority to dispose the cases of children who are in need of care, protection, treatment, development and rehabilitation as well as to provide for their basic needs and protection of human rights.

(2)    Where a Committee has been constituted for any areas, such Committee shall, notwithstanding anything contained in any other law for the time being in force but save as otherwise expressly provided in this Act, have the power to deal exclusively with all proceedings under this act relating to children in need of care and protection.

పైన తెలియజేసిన ప్రకారం జే.జే. యాక్టు ద్వారా children in need of care and protection విషయంలో care, protection, treatment, development and rehabilitation ల విషయాలలో కమెటీ వారిదే ఫైనల్ అధారిటీ.

Ø children in need of care and protection క్రిందకు ఎవరెవరు వస్తారనగా:

1.  Runaway Children, 2. Missing Children, 3.Orphan/Semi Orphan Children, 4.Child Labor, 5.Child abuse, 6.Victims of Violence, 7. Abandoned, 8. Surrender, 9. Victim of Trafficking, 10.Victim of HIV/AIDS, 11.Child beggar, 12.Victim of Hunger, 13.Victim of Calamity children declared, 14.Free for Adoption, 15.Any other......

ü  దీనిని బట్టి చూస్తే అవసరాలున్న అందరి  పిల్లల రక్షణ, సంరక్షణ ఏర్పాట్లు  చూడవల్సిన బాద్యత CWC పై వున్నట్లు మనం గమనించవచ్చును.

B.   Juvenile Justice Act- 2000, (Child in Need of Care and Protection) Chapter – III,  Section 34 (Children’s Homes) and rule 71 of JJ Model Rules 2007 ప్రకారం:

(1) The State Government may establish and maintain either by itself or in association with voluntary Organisations, children’s homes, in every district or groupof districts, as the case may be for the reception of Child in Need of Care and Protection during the pendency of any inquiry and subsequently for their care, treatment, education, training, development and rehabilitation.

(2)  The State Government may, by rules made under this Act, provide for the management of children’s homes including the standards and the nature of services to be provideed by them, and the circumstances under which, and the manner in which the certification of a children’s home or recognition to a voluntary organisation may be granted or withdrawn.

Also as per Rule 29 of 1 (c) of JJ Model Rules 2007 all children’s homes shall report to the concerned Committee about every child in need of care and protection received by them;

ü  పై విషయాన్ని గమనిస్తే రాష్ట్రములో అన్ని జిల్లాలలో బాలల కొరకు Juvenile Justice Act- 2000 ప్రకారం హోమ్ లను ఏర్పాటు చేయవల్సినట్లు తెలుస్తున్నది.  

ü  treatment, education, training, development and rehabilitation తదితర విషయాల కొరకు హోమ్ లను ఏర్పాటుచేయవలసి వున్నట్లు యాక్ట్ చెప్పబడినది.

ü  అందుకే రాష్ట్రములోని అన్ని హోమ్ లు డిస్ట్రిక్ట్ చైల్డ్ ప్రొటెక్షన్ యూనిట్ చే స్త్రీ శిశు సంక్షేమం ద్వారా  తప్పక లైసెన్స్ పొందాలని చెప్పడం. లైసెన్స్ లేని హోమ్ లపై ప్రభుత్వ చర్యలు జే.జే. యాక్టు ప్రకారం చేస్తుంది.

ü  పైన విషయాలను గమనిస్తే అవసరాలున్న అందరి  పిల్లల రక్షణ, సంరక్షణ ఏర్పాట్లు  చూడవల్సిన బాద్యత CWC పై ఉన్నట్లే కదా....  

·                     అందుకొరకే Child Welfare Committee (CWC) యొక్క అనుమతి బాలలను అన్ని రకాల హోమ్ లలో చేర్చుకోవటానికి మరియు పంపివేయటానికి తగిన అనుమతి అవసరము.

With thanks

HELP Team

Buying a child is offence under 373 IPC

A person bought a 40 days boy child for Rs 70,000/- under which section of IPC the case can be filed?

Buying of a child for any purpose including sexual exploitation, abuse, assault and for domestic servitude etc can be booked under Sec 373 of Indian Penal Code.

Buying minor for purpose of prostitution, etc

Whoever buys,  hire, or otherwise obtained possession of any  person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, of knowing it to be likely that such person will at any age be employed or used for any such purpose, shall be punished with imprisonment of  either description for a term  which may extend to ten years, and shall be liable to fine.

Proceedings by CWC in serving summons under JJ Act 2000

How to issue summons under JJ Act, 2000 amend 2006 to the perpetrator who committed sexual abuse against a minor girl?

PROCEEDINGS

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”.