Friday 30 September 2016

Trial court for conducting trial of offences.



Respected Sir,
Which is the trial court for conducting trial of offences?

Thanking you,
 Your’s Truly, 
 K. S. Murthy,
Sub Inspector,
5 town Police Station,
Vijayawada - Krishna District.  

Respected Mr. Murthy,
Please find below details as per the phone conversation. 

Ans.        Sec 86: Classification of offences and designated court depend upon term of punishment.
a.          Where an offence under this Act is punishable with imprisonment for a term of more than seven years, then, such offence shall be cognizable, non-bailable and triable by a Children’s Court. (Addl Dist. Judge / 1st MSJ in city) vide G.O Rt.No. 630 Law (LA&J-Home-Courts-C) Dept, dt.23.3.2013). Children’s Court (Sec.2(l) means a Court established under the POCSO Act.
b.          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.
c.            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.
Thanking you.


State Child Protection Society Functions.


From:  [mail from: dcpuvsp@gmail.com]
Sent: Friday, September23, 2016 10:42 AM
To: helpap@gmail.com
Subject:   State Child Protection Society Functions.

Respected Rammohan Garu,
 Sir,
What are the functions of State Child Protection Society?

Thanking you,
 Your’s sincerely, 
A.Satyanarayana,
District Child Protection Officer,
 DCPU-Visakhapatnam Dist.

Respected Mr. Satyanarayana,
Please find few details below as per your Mail. 

As per Central Rule 84 of Juvenile Justice Act-2015.

State Child Protection Society.- (1) The State Child Protection Society shall perform the following Functions namely:

     I.        Overseeing the implementation of the Act and the rules framed there under in the State and supervision and monitoring of agencies and institutions under the Act;
   II.        Addressing road-blocks, issues, complaints received regarding care and protection of children;
  III.        Ensure that all institutions set up under the Act and the rules are in place and performing their assigned duties;
 IV.        Reviewing reports received from various District Child Protection Units on the functioning of institutions in various districts and take action to facilitate the protection of children wherever necessary and monitoring the functioning of the District Child Protection Units;
  V.        Develop programmes for foster care, sponsorship and after-care;
 VI.        Inquire into, seek reports and make recommendations in cases of death or suicide in Child Care Institutions and under other institutional care;
VII.        Ensure inter-department coordination and liaising with the relevant departments of the State and Central Governments and State Child Protection Societies of other States or Union Territories;
VIII.        Networking and coordinating with civil society organisations working for the effective implementation of the Act and the rules;
 IX.        Maintaining a state level database of all children in institutional care and family based non institutional care and updating it on a quarterly basis;
  X.        maintaining a database of Child Care Institutions, Specialised Adoption Agencies, open shelters, fit persons and fit facilities, registered foster parents, sponsors, after care organisations and other institutions at the State level;
 XI.        maintaining a database of medical and counselling centres, de-addiction centres, hospitals, open schools, education facilities, apprenticeship and vocational training programmes and centres, recreational facilities such as performing arts, fine arts and facilities for children with special needs and other such facilities at the State level;
XII.        monitoring and administering the Juvenile Justice Fund set up by the State Government including disbursal of funds to the District Child Protection Units, Special Juvenile Police Units and police stations, as the case may be;
XIII.        maintaining separate accounts for all funds received by the State Child Protection Society such as the Juvenile Justice Fund, funds under Schemes of Central and State Government and getting the same audited;
XIV.        generate awareness among public on various aspects of the Act and the rules made there under specifically the existing institutional framework, rehabilitation measures, penalties, procedures for better protection of children;
XV.        organise and conduct programmes for the implementation of the Act including training and capacity building of stakeholders;
XVI.        commission research programmes on child protection;
XVII.        co-ordinate with State Legal Services Authority and law schools; and
XVIII.        any other function for the effective implementation of the Act and the rules made there under.
(3) The Member- Secretary of the State Child Protection Society shall be the Nodal Officer in the State for the implementation of the Act and the rules.

 Please follow Central Rules more details.  
Thanking you.


Thursday 29 September 2016

Hheinous’ offence means


From:  [mail from:kesalimacs@gmail.com]
Sent: Sat, September 17, 2016 10:02 AM
To: helpap@gmail.com

Respected Sir,
Please give details on ‘heinous’ offence?
Thanking you,
 Your’s sincerely,  
K.Apparao
Chiarperson ,
Child Welfare Committee, 
Vizainagaram  district.  

     What is meant by ‘heinous’ offence?
Ans.        JJAct 2015 Sec 2 (33)          ‘Heinous Offence’ means an offence punishable with imprisonment for 7 years or more.
     For  example :  Murder  (302) IPC , attempt   to murder (307 IPC), dowry death (304 B IPC), abetment to suicide (306 IPC), rape (376,376A IPC), Gang rape(376 D IPC), repeat rape case convicts (376 E IPC), Trafficking in persons (370 IPC), procuring a  minor for prostitution Sec.366 A IPC), House breaking by right (Sec.457, 380 IPC), Robbery ( 392 IPC), dacoity (395 IPC),   murder while committing  dacoity (Sec. 396 IPC), acid attack (Sec. 326 A IPC) etc.


Thanking you sir




Key findings required for a ‘Social Investigation Report’ (S.I.R)


From:  [mail from:] 
Sent: Friday, September 16, 2016 11:02 AM
To: helpap@gmail.com

Respected Sir,
What are the key findings required from a ‘Social Investigation Report’ (S.I.R) with respect to CNCP/CICL.


Thanking you,
 Your’s sincerely,  
M. Sudhakar,
Ex-Member,
Child Welfare Committee, 
Ananthapuram district.  

Ans.          Sec.8(3)(e), 13.1 (ii) : Social Investigation Report pertains to social investigation by social worker or Probation Officer Child Welfare Officer or Social worker, Child Welfare Police officer regarding CNCP,CICL whether such child has parents to take care of him/her, or has a guardian who is capable of taking care, or whether the CNCP, JCL is capable of taking care of himself with the help of local village/town people, information regarding the antecedents background of the child etc., and ascertaining the circumstances in which the alleged offence was committed. CWC, JJB passes orders based on S.I.R.


 Thanking you,

What are the basic parameters for fixing up Age of a victim?


From:  [mail from:sudhakarmannepula@gmail.com] 
Sent: Thursday, September 15, 2016 10:22 AM
To: helpap@gmail.com

Respected Rammohan Garu,
 Sir,
 Please give details for fixing a victim’s age as per Juvenile Justice Care and Protection?

Thanking you,
 Your’s sincerely,  
M. Sudhakar,
Ex-Member,
Child Welfare Committee, 
Ananthapuram district.  

Ans.  ‘Age’ being crucial determining factor, Investigation officer/SJPU/Child Welfare Police Officer should follow Section 94 of Juvenile Justice Act-2015 for obtaining age proof (birth certificate from Panchayath/Municipal / School / Matriculation date of birth). In the absence of such record ossification test to be conducted by Forensic professional for age determination.

 Thanking you,

DCPU and what are the duties of DCPUs as per the Act 2015

from:
Gundabathina murali krishna <gmkrishna.nlr@gmail.com>
to:
bsubbaraodc@gmail.com

date:
Mon, Sept26, 2015 at 4:24 PM


 Dear sir give information regarding DCPU duties as per JJAct 2015

G.Murali Krishna
Member CWC
Nellore Dist

Thanks for quarry, please find details as bellow:
              District Child Protection Unit is a team of Child-friendly staff of women and Child Welfare Dept. DCPU consists of
(i)            District Child Protection Officer (may be Govt employee or outsourced as in AP)
(ii)          Protection Officer for institutional Care / Non-institutional care.
(iii)        Social Worker and
(iv)         Outreach Worker
In AP, the WCD has a sister Dept. called Juvenile Welfare Dept. which has a District-wise set up of
(i)            District Probation Officer (Govt. employee)
(ii)          Superintendents of Homes,
(iii)        Protection officer (for institutional care)
(iv)         Social Worker and
(v)           Outreach worker (all (iii) to (vi) are outsourced)
(vi)         Counselor
The detailed roles and responsibilities of DCPU are:
1.       Works under the overall supervision of District Magistrate:
The District Child Protection Units (DCPU) shall function under the overall administrative control and supervision of the District Magistrate of the concerned district. The District Magistrate shall be responsible for effective implementation of ICPS and all other child protection policies and programs at the district level. He/she shall also be the co-chairperson of District Child Protection Committee (DCPC). The DCPC shall be chaired by the Chairperson Zilla Parishad.
2.       District Child Protection Officer (DCPO):
The District Child Protection Officer (DCPO) shall function as the head of the DCPU and shall be responsible for carrying out all day to day functions of the DCPU at the district level. The DCPO shall be appointed either by deputation or on contract. In districts where a district level officer of the ICPS implementing department (Social Welfare/Women and Child Development) is available he/she shall function as the DCPO. In districts where such officer does not exist, the post of DCPO shall be filled by deputation/contract.
a.             The DCPO shall coordinate and supervise implementation of the ICPS and all other child protection activities at district level including monitoring and supervision of all institutions/agencies/ projects/programs/NGOs and shall report to SCPS at the State level. For the purpose of coordinating non-institutional care program at district level, he/she shall report to SARA (State Adoption Resource Agency) at the State level. The DCPO shall be responsible for coordinating development of an Annual District Child Protection Plan, resource directory of child related services and child tracking system at the district level.
b.             He/she shall also be coordinating and networking with all the line departments/officers including.


                                        i.                   District Magistrate
                                      ii.                   District Judge
                                    iii.                   Superintendent of Police / Special Juvenile Police Unit (Addl. SP in AP)
                                     iv.                   Child Development Project Officer (CDPO)
         v.                   Labour Officer, Education officer
       vi.                   Chief Medical officer (CMO)
     vii.                   Municipal Authorities
   viii.                   Members of Zilla Parishad and other local bodies


c.              Besides, he/she shall also coordinate with :
                                        i.                   Juvenile Justice Board
                                      ii.                   Child Welfare Committee
                                    iii.                   Voluntary organisations
                                     iv.                   Child line Services
                                       v.                   Hospital/Nursing Homes
                                     vi.                   Other authorities at district level who have direct or indirect impact on child protection programs/services
d.             He/she shall head the Home Management Committee of every institution in the district and recommend suitable institutions for release of grants from the SCPS. He/she shall conduct a monthly review meeting with all stakeholders including representatives of community and local bodies as well as media.
e.             Both the District Probation officer & DCPU have the following responsibilities:
                                  i.                   To undertake a Social Investigation into the case and submit Social Investigation Report within 15 days to the Board (Sec 8).
                                ii.                   To coordinate with SJPU/Child Welfare Police Officer after apprehension of the CICL for counselling etc.
                              iii.                   To inform the parents/guardians of such child on being found or apprehended by Police (Sec 13)
                               iv.                   To take up follow up action on receipt of final orders of Children’s Court with regard to CICL to implement individual care plan for the rehabilitation of the child (Sec 19(2))
                                 v.                   To submit periodic follow up reports annually to the Children’s Court when CICL is lodged in Place of safety or (Special Home in the absence of place of safety) to evaluate progress of the child (Sec 19 (4))
                               vi.                   To submit follow up report to the Children’s Court on completion of 21 yrs of age duly evaluating whether such child has undergone reformative changes and whether the child can be contributing member of the society, so as to enable children’s court to decide whether to release the CICL with certain conditions or to send him to regular jail for completion of the remainder of the term (Sec 20)
                             vii.                   To provide a Secretary and other staff for CWC for its effective functioning (Sec 37 (3))
                    viii.                   To conduct a Social Investigation Report (SIR) and to submit to the Child Welfare Committee (CWC) (Sec 30 (iii))
                               ix.                   To follow the recommendation of CWC’s monthly inspections/visits to various Homes for improvement in quality of services (Sec 30 (viii))
                     x.                   To coordinate with the Police, labour depts and other agencies involved in care and protection of Children for follow up action (Sec.30 (xv))
                               xi.                   To follow the direction of CWC in case of a complaint of abuse of child in any child care institutions (Sec 30 (xvi))
                             xii.                   To produce any child in need of care and protection (CNCP) before the committee (Sec 31)
                           xiii.                   To report to the Child line services or at Police station or to a CWC on coming to know of any abandoned or lost child, or an orphan without any family support (Sec 32 (1))

                           xiv.                   To upload the information of a lost or orphan child in the AP Police intranet through SJPU/CWPO and in khoyapaya.com (Sec 32 (2))