JUVENILE IN CONFLICT WITH THE LAWS CAN NOT BE ARRESTED.

Section 10 of the JJ ACT read with the rule 8 of the model rules 2016 As soon as a child alleged to be in conflict with law is apprehended by the police, such child shall be placed under the charge of the special juvenile police unit or the designated child welfare police officer, who shall produce the child before the Board without any loss of time but within a period of twenty-four hours of apprehending the child excluding the time necessary for the journey, from the place where such child was apprehended. When such person having been apprehended is not released on bail under sub- section (1) by the officer-in-charge of the police station, such officer shall cause the person to be kept only in an observation home in such manner as may be prescribed until theperson can be brought before a Board. Power of apprehension of CCL to Police As per rule 8 of the Juvenile Justice (Care andProtection of Children) Model Rules, 2016 ,Power to apprehend shall only be exercised with regard to heinous offences, unless it is in the best interest of the child. First information report :-Juvenile Justice (Care andProtection of Children) Act ,2015 has Classifiedof offences and designated court.According to section 86 of the JJ Act (1)Where an offence under this Act is punishable with imprisonment for a term more than seven years, then, such offence shall be cognizable, non-bailable and triable by a Children’s Court. (2) Where an offence under this Act is punishable with imprisonment for a term of three years and above, but not more than seven years, then, such offence shall be cognizable, non-bailable and triable by a Magistrate of First Class. (3) Where an offence, under this Act, is punishable with imprisonment for less than three years or with fine only, then, such offence shall be non-cognizable, bailable and triable by any Magistrate. As per rule 8 of the Juvenile Justice (Care andProtection of Children) Model Rules, 2016 first information report shall be registered only in two conditions:- I- where a heinous offence is alleged to have been committed by the child, or II- when such offence is alleged to have been committed jointly with adults. It is not neccessary to apprehend a child in every case . rule 8 of the Juvenile Justice (Care andProtection of Children) Model Rules, 2016 deal with the condition and power of the Special Juvenile Police Unit or the Child Welfare Police Officer regarding the offence alleged to have been committed by the child.as per rule of 8 of the Juvenile Justice (Care andProtection of Children) Model Rules, 2016 the the power to apprehend shall only be exercised with regard to heinous offences by the Special Juvenile Police Unit or the Child Welfare Police Officer unless it is in the best interest of the child. For all other cases involving petty and serious offences . Classification of offence : Section 86 of the Juvenile Justice (Care andProtection of Children),Act,2015 has categorized offences committed by the child in conflict with law as listed below:- 1. Henious offence is defined under section 2(33) of the Act as henious offence iclude an offence under this Act is punishable with imprisonment for a termmore than seven years, then, such offence shall be cognizable, non-bailable and triable by a Children’s Court. 2 .Serious offence Where an offence under this Act is punishable with imprisonment for a term ofthree years and above, but not more than seven years, then, such offence shall be cognizable,non-bailable and triable by a Magistrate of First Class. 3. Petty offence Where an offence, under this Act, is punishable with imprisonment for lessthan three years or with fine only, then, such offence shall be non-cognizable, bailable and triable by any Magistrate FIR may be recorded by Special Juvenile Police Unit or the Child Welfare Police Officer: Matters involving child in conflict with law , the police is shall lodge a FIR only when the offence alleged to have been committed by the child is heinous in nature and punishable with a sentence of seven years or more. As per rule 8 of the Juvenile Justice (Care andProtection of Children) Model Rules, 2016 first information report shall be registered only in two conditions where a heinous offence is alleged to have been committed by the child, or when such offence is alleged to have been committed jointly with adults. In all other matters, the Special JuvenilePolice Unit or the Child Welfare Police Officer shall record the information regarding the offence alleged tohave been committed by the child in the general daily diary followed by a social background report of the child in Form 1 (of the jj model rule 2016) and circumstances under which the child was apprehended, wherever applicable, and forward it to the Board before the first hearing. As per rule 86 of the JJ model rule ,2016 :- (1) The State Government shall constitute a Special Juvenile Police Unit in each district and city to co-ordinate all functions of police related to children. (2) The Central Government shall constitute a Special Juvenile Police Unit for the Railway Protection Force or Government Railway Police at every railway station as per requirement and where a Special Juvenile Police Unit cannot be set up, at least one Railway Protection Force or Government Railway PoliceOfficer shall be designated as the Child Welfare Police Officer. (3) The Child Welfare Police Officers and other police officers of the Special Juvenile Police Unit shall be given, appropriate training and orientation to deal with matters concerning children. Duties of Special JuvenilePolice Unit or the Child Welfare Police Officer before a child is produced in the Board: Special Juvenile Police Unit (SJPU) consists:- 1 Deputy Superintendent of Police 2 Child Welfare Police officers , 3 Railway Police, 4 Two Social Worker (one to be a Women) Section 10 Juvenile Justice (Care andProtection of Children) Act ,2015 and Rule 8 and 9 Juvenile Justice (Care andProtection of Children) Model Rules, 2016 deal with the duites of the Special JuvenilePolice Unit or the Child Welfare Police Officer. Production of a child with conflict with law before the Board within twenty- four hours of his apprehension: Special JuvenilePolice Unit or the Child Welfare Police Officer must have to produce a child before the Board within twenty- four hours of his apprehension,excluding the time necessary for the journey along with a report explaining the reasons for the child being apprehended by the police.