AFRASIAB MOHAL JUDICIAL ACADEMY, LAHORE

0345-4644423

JUVENILE JUSTICE SYSTEM ACT, 2018

1. SHORT TITLE, EXTENT AND COMMENCEMENT:

o It extends to whole of Pakistan
o 22nd May, 2018

2. DEFINITIONS:
a) Best Interest Of Child:
o Basis for any decision
o To ensure fulfillment of his basic
 Rights
 Needs
 Identity
 Social well-being
 Physical
 Emotional and
 Psychological development
b) Child:
o Not attained age of eighteen years
c) Code:
o Code Of Criminal Procedure, 1898
d) Diversion:
o Alternative process of determining the
 Responsibility and
 Treatment of a juvenile
o On the basis of his
 Social
 Cultural
 Economic
 Psychological and
 Educational background
o Without resorting to formal judicial proceedings
e) Government:
o Federal Government or
o Provincial Government
f) Guardian:
o Parent or
o A person
 Appointed as guardian by the court or
  Who has actual care of the child
g) Heinous Offence:
o Offence which is
 Serious
 Gruesome
 Brutal
 Sensational in character
 Shocking to public morality and
 Which is punishable under Pakistan Penal Code, 1860 or any other law
with
• Death or
• Imprisonment for Life or
• Imprisonment for more than 7 years with or without fine
h) Juvenile:
o Child
o Who may be dealt with for an offence
o In a manner
 Which is different from an adult
i) Juvenile Court:
o Established under section 4
j) Juvenile Justice Committee:
o Committee established under section 10
k) Juvenile Rehabilitation Centre:
o Place where juvenile may be
o Kept and Given
 Education
 Vocational or
 Technical Training for his
• Mental
• Moral and
• Psychological Development
o And includes
 Certified Institutions
 Juvenile Training Institutions
 Borstal Institutions
 Vocational Centre
 Darul-Amaan and
 Woman Crises Centre
• Established by the
Government or
Voluntary Organizational certified by the Government
l) Juvenile offender:
o Child who is alleged to have committed or
o Has been found to have committed an offence
 m) Major Offence:
o Offence for which punishment under thePakistan Penal Code, 1860 or any other
law
o Is more than
 Three years and
 Up to seven yearswith or without fine
n) Medical Officer:
o Medical officer notified as such by the Government
o) Minor Offence:
o An offence for which maximum punishment under the Pakistan Penal Code,1860
or any other law
o Is imprisonment up to
 Three years with or without fine
p) Observation Home:
o Place where a juvenile is kept temporarily
o After being apprehended by police as well as
o After obtaining remand from
 Juvenile Court or otherwise
 For conducting inquiry or investigation
q) Prescribed:
▪ Means prescribed by rules made under this Act
r) Probation Officer:
▪ Person appointed under the Probation of Offenders Ordinance, 1960
s) Suitable Person:
▪ Any
 Person
 Trust
 Association or
 Society
• Dulyrecognized by law whose object is
Welfare and protection ofchildren
➢ Person means the guardian ofajuvenile or any otherperson appointed by
a Juvenile Court for the purposes of this Act

3. LEGAL ASSISTANCE:
o Juvenile or a child victim shall have a right of legal assistance
▪ At the expense of the State
o Juvenile shall be informed about his rights by a legalpractitioner
▪ Within twenty four hours oftaking him into custody
o A legal practitioner appointed by the Government or by the Juvenile Court forshall have
at least
▪ Sevenyears standing at the Bar

4. JUVENILE COURT:
o Government in consultation with the concerned HighCourt shall establish or designate
 ▪ One or more Juvenile Courts
o Juvenile Court may be established for
▪ One or more sessions divisions
o No person shall be appointed as a Judge of a Juvenile Court unless he is or has been a
▪ Sessions Judge or an
▪ Additional Sessions Judge or a
▪ Judicial Magistrate vested withpowers under section 30 of the Code or a
▪ Practicing advocate who has at least ten years standing at Bar
o Juvenile Court shall have exclusive jurisdiction to try cases
▪ In which ajuvenile is accused of commission ofan offence
o All cases pending beforea trial court in which a juvenile is accused of an offence shall
▪ Stand transferred to the JuvenileCourt having jurisdiction
o Juvenile Court shall not be bound to recall or re-hear any witness
▪ Who has givenevidence and may act on the evidence already recorded
o Any court taking cognizance ofan offence finds that an accused brought beforeit is
ajuvenile
▪ It shall transfer his case to the Juvenile Court for further proceedings
o Juvenile Court shall decide the case
▪ Within six months
o Where the case is not decided within six months
▪ Juvenile Court shall seek extension from the High Court concerned explaining
the reasons
▪ If no such extension has been sought
 Complainant or the juvenile may make an
 Application to theHigh Court in this respect
o Juvenile Court may hold its sitting at a place
▪ Other than the place in which
▪ The ordinary courts hold sittings for trial ofother cases

5. ARREST OF A JUVENILE:
o The arrested juvenile shall be kept in an observation home and
o The officer-in-charge of the police station shall, as soon as possible
▪ Inform guardian of the juvenileof
 Such arrest andinform him ofthe
 Time
 Date and
 Name of the Juvenile Court before which the juvenile shall
be produced
▪ Inform the concerned probation officer to enable him to obtain
 Information about the juvenile and
 Other material circumstances
• Whichmay be of assistance to the Juvenile Court for making
inquiry
o No juvenile shall be arrested under
 Any of the laws dealing with preventive detention or
  The provisions of Chapter VIII of the Code
o The repot under section 173 ofthe Code shall also describe
 The steps taken by theofficer-in-charge for referring the matter to the Juvenile
Justice Committee
 For disposal of casethrough diversion, where it was so required under section 9

6. RELEASE OF A JUVENILE ON BAIL:

o Juvenile accused of a Bailable offence shall
▪ If already not released under section 496 ofthe Code,
 Be released by the Juvenile Court on bail with or without surety
▪ Unless it appears that
• There are reasonable grounds for believing that the release of
such juvenile may
 Bring him inassociation with criminals or
 Expose him to any other danger.
• In this situation the juvenile shallbe placed
 Under the custody of a suitable person or
 Juvenile Rehabilitation Centre under thesupervision of
probation officer.
❖ The juvenile shall not under any circumstances
be kept in apolice station under police custody
orjail in such cases.
o where a juvenile is not released under subsection (l)
▪ Court may direct the police for tracing guardian of such juvenile and
▪ Where guardian of such juvenile is traced out
▪ The Juvenile Court may immediately handover custody of the juvenile to
his guardian
o Where a juvenile is arrested or detained for commission of a minor or a majoroffence
▪ He shall be treated as if he was accused of commission of a bailable offence
o Where a juvenile of more than sixteen years of age
▪ Is arrested or detained for a heinous offence
 He may not be released on bail
• If the Juvenile Court is of the opinion that there are reasonable
grounds to believe that such juvenile is involved in commission
of a heinous offence.

o Where the Juvenile Court is ofthe opinion that

o The delay in the trial of a juvenile has not been occasioned
▪ By an act or omission of such juvenile or
▪ Any other person acting on his behalf or
▪ In exercise of any right or privilege under any law for the time being in force,
such juvenile shall be
 Released on bail if
• He has been detained for a continuous period exceeding six
months and
  Whose trial has not been completed

7. INVESTIGATION IN JUVENILE CASES:

o A juvenile shall be interrogated by a police officer not below the rank of
▪ Sub Inspector under supervision of Superintendent of Police orSDPO.
o The investigating officer designated shall be assisted by a
▪ Probation officer or by a
▪ Social welfare officer notified by the Government to prepare
 Socialinvestigation report to be annexed with the report prepared under
section 173 of the Code.

8. DETERMINATION OF AGE:
o Where a person alleged to have committed an offence
▪ Physically appears or
▪ Claims to be a juvenile
 The officer-in-charge of the police station or
 The investigation officer shall make an inquiry to
• Determine the age of such person on the basis of his
 Birth certificate,
 Educational certificates or
 Any other pertinent documents.
• ln absence of such documents, age of such accused person may
be determined on the basis of a
 Medical examination report by a medical officer
o When an accused person who physically appears to be a juvenile is brought before a
Court under section 167 of the Code
▪ The Court before grantingfurther detention shall record its findings regarding
age
 On the basis ofavailable record including
• The report submitted by the police or
• Medical examination report by a medical officer

9. DISPOSAL OF CASES THROUGH DIVERSION:

o With the consent of a juvenile or hisguardian
▪ The complaint against a juvenile relating to offences shall be referred to the
 Juvenile Justice Committee for disposal of the samethrough diversion.
o The diversion can be exercised at any stage during
▪ The course of investigation by the police and
▪ Trial by the prosecution and the Court in the prescribed manner.
o Where a case is referred to the Juvenile Justice Committee by the police,
▪ Thesubmission of report of police officer required under section 173 of the Code
 Shall be postponedtill the final order of the Committee.
o The Juvenile Justice Committee shall dispose of a case,
▪ With consent of the personagainst whom the offence was committed
▪ By resorting to different modes of diversionincluding-
  Restitution of movable property;
 Reparation ofthe damage caused;
 Written or oral apology;
 Participation in community service;
 Payments offine and costs of the proceedings;
 Placement in Juvenile Rehabilitation Centre; and
 Written and oral reprimand;
• Where the complainant is a state functionary and the offence has
not beencommitted against a private person, the Juvenile Justice
Committee may dispose of the casethrough diversion with
consent of
 The concerned public prosecutor.
o For the purposes of diversion, all offences either minor or major
▪ Shall becompoundable.
o Diversion shall be exercised in the prescribed manner in cases-
▪ Where a juvenile is accused of commission of minor offences; and
▪ Where a juvenile is accused of commission of major offences and the ageof the
juvenile is not more than
 Sixteen years at the time of commission of offence

10. JUVENILE JUSTICE COMMITTEE:

o The Government in consultation with the concerned Sessions Judge shallestablish
▪ The Juvenile Justice Committee for each sessions division.
o The Juvenile Justice Committee shall consist of four members with
followingcomposition, namely:-
▪ Serving Judicial Magistrate with powers under section 30 of the Code,
 Who shall also head the Committee;
▪ District Public Prosecutor;
▪ Member of loca1 Bar having at least
 Seven years standing at the Bar
• Appointed by the concerned Sessions Judge for period of two
years;
▪ Serving Probation Officer or Social Welfare Officer
 Not below the rank ofan officer in BPS-17.
o The place of sitting of the Juvenile Justice Committee may preferably be
▪ In thesame premises where the Juvenile Court holds sitting.
o The Juvenile Justice Committee shall perform following functions, namely:-
▪ Dispose of the cases through diversion upon referral from the
 Police,
 Prosecution or
 The Juvenile Court,
• as the case may be, within a period ofone month from the date
ofthe referral
▪ Inspect the observation homes and Juvenile Rehabilitation Centers and
 ▪ May give directions to the officer-in-charge of such places for the
 Measures to be taken for
• Welfare and Social re-integration of the juvenile kept under
their supervision; and
▪ Such functions as may be prescribed.
o For the administration and functioning of the Juvenile Justice Committee,provision of
staff shall be within the
▪ Powers of the Sessions Judge ofrespective district

11. PROCEDURE OF JUVENILE COURT:

o Juvenile Court shall follow the procedureprovided for in the Code unless provided
otherwise in this Act.
o No person shall be present at any sitting ofthe Juvenile Court, except-
▪ Staff and officers of the Juvenile Court;
▪ Parties to the case before the Juvenile Court and
 Such other persons who are directly concerned with the proceedings
including the police officers;
▪ Guardian of the juvenile; and
▪ Such other persons as the Juvenile Court directs to be present
o At any stage of proceedings, the Juvenile Court may in the best interest of ajuvenile's
decency or morality,
▪ Direct any person to withdraw from Court for such period as theCourt may
direct.
o Ifat any stage ofproceedings, the Juvenile Court is satisfied that
▪ The attendance ofthe juvenile is not essential for the purposes of the trial
 The Juvenile Court may dispense with the attendance and
 Proceed with the trial of the case in absence ofthe juvenile.
o When a juvenile who has been brought before the Juvenile Court
▪ Is found to be suffering from serious illness,
 Whether physical or mental and requires treatment, the Court shall
• Send such juvenile to a hospital or a medical institution where
treatment shall be given to the juvenile
 At the expense of the State

12. TRIAL OF JUVENILE WITH ADULT PERSON:

o Notwithstanding anything contained in section 239 ofthe Code or any other law for the
time being in force and subject to the provisions of sub-sections (2) and (3)
▪ No juvenile may be charged with and tried for an offence togetherwith an adult.
o A juvenile may be charged with and tried together with an adult by the JuvenileCourt if
the Court is satisfied that it is in the
▪ Interests of justice to hold a joint trial.
o In case ofjoint trial, the Juvenile Court may
▪ Dispense with the physical presence of the juvenile before it
 Without any application in this regard and
▪ Juvenile may be allowed tojoin the Court proceedings through
  Audio-visual technology link.

13. DISCLOSURE OF IDENTITY OF THE JUVENILE:

o Whoever prints or publishes the name or any matter which may make known identity of
a juvenile shall be punished with
▪ Imprisonmentof either description for a term which may extend to
 Three years and
 Fine
o Nothing in sub-section (l) extends to any printing or publication of the name orany
matter which may make known the identity of a juvenile if such printing or publication
is,-
▪ By or under the order in writing of the
 Officer-in- charge of the police station or
 The police officer making the investigation into such offence
• Acting in good faith for the purposes of such investigation; or
▪ By or with the authorization in writing of the
 Juvenile or
 Next-of-kin ofthe juvenile:
o Provided that no such authorization shall be given by the next-of-kin
▪ To anybody other than
 The chairman or
 The secretary, by whatever name called,
• Of any recognized welfare institution or organization.
o Whoever prints or publishes any matter in relation to any proceedings before aJuvenile
Court with respect to a juvenile referred to in sub-section (l)
▪ Without the previouspermission of Juvenile Court
 Shall be punished with imprisonment of either description for a term
which may extend to
• Two years and
• Fine
Explanation.-The printing or publication of the judgment of any High Court or
theSupreme Court does not amount to an offence within the meaning of this section

14. REPORT OF PROBATION OFFICER:

o The probation officer shall
▪ Assist and prepare a report on direction of the Juvenile Court within such time as
may be directed bythe Court at any stage regarding-
 Juvenile's
• Character,
• Educational,
• Social and
• Moral background;
 Juvenile's admission of committing an offence, if any,
• Has been made with free consent and voluntarily;
  Any evidence
• That the juvenile actually committed the offence;
 All legal and appropriate assistance
• provided at all levels to juvenile for
 His understanding, concept and consequences,
• Even to the child's familyand guardian;
 Steps taken for
• Mediation or compromise with the complainant or victim and
possibility of settlement; and
 Possibility of sending the juvenile to
• Juvenile Rehabilitation Centre or
• Release on probation.
o Subject to sub-section (3) the report of the probation officer submitted to the Juvenile
Court
▪ Shall be treated as confidential.
o The Juvenile Court may, if it so thinks fit,
▪ Communicate substance of the report to the juvenile's guardian and,
 Where any one of them disputes the contents or views containedtherein,
• The Juvenile Court may give such juvenile or guardian, as the
case may be, an
 Opportunity ofproducing such evidence as may be
relevant to the matter stated in the report

15. POWERS OF JUVENILE COURT TO ORDER FOR RELEASE:

o On receipt of report under section 14 and
o On conclusion of an inquiry, investigation or trial
o The Juvenile Court may,keeping in view the best interest ofthe child-
▪ Pass an order for release of the juvenile offender after
 The victim or complainant, as the case may be,
• Pardons him
➢ Provided that the Juvenile Court may refuse to release the
juvenileoffender even if the victim or complainant pardons if the
Juvenile Courtfor reasons to be recorded in writing considers that such
release is either
Against the public policy or
The interests ofthe State;
▪ Pass an order for the
 Community service
 Fine
 Compensation to the victim or complainant
 Restitution of property
 Counseling
▪ Direct the juvenile offender to be released on
 Probation for good conduct and
 • Place such juvenile offender under care of
 Guardian or
 Any suitable person or
 Such Juvenile Rehabilitation Centre established or
certified for the purposes of this act
For any period not exceeding the period of
confinement awarded to such juvenile
▪ Direct the probation officer to submit probation report in prescribed manner
➢ Provided that if a juvenile offender fails to comply with the orders or
violates the conditions of orders of release on probation, the juvenile
court may pass any order as it may think fit, including cancellation of
probation order
▪ Make an order directing the juvenile offender to be sent
 To a Juvenile Rehabilitation Centre until
• He attains the age of eighteen years or
• Till thecompletion of period of imprisonment, whichever comes
earlier

16. ORDERS THAT SHALL NOT BE PASSED WITH RESPECT TO A JUVENILE:

o No person whowas a juvenile offender at the time of commission of an offence shall be
awarded punishment of
▪ Death
o No juvenile offender shall be
▪ Committed to prison,
▪ Ordered to labour,
▪ Put in fetters,
▪ Handcuffed or
▪ Given any corporal punishment at any time while in custody
➢ Provided that if there is reasonable apprehension of
The escape of the juvenile offenderfrom custody who is more
than sixteen years of age and
Involved in heinous offence or
He ispreviously convicted of an offence punishable with
imprisonment for life, for reasons to berecorded,
 He may be handcuffed or put into a solitary confinement
in a Juvenile RehabilitationCentre or observation home
for a period not exceeding twenty-four hours.

17. SPECIAL PROVISION FOR FEMALE JUVENILE:

o No female juvenile shall in anycircumstances be apprehended or investigated
▪ By a male police officer or
▪ Released on probation under supervision of a male officer
o A female juvenile shall only be kept in a Juvenile Rehabilitation Centre
▪ Established or certified exclusively for female inmates
18. APPEAL:
o Any person convicted by a Juvenile Court may prefer an appeal inaccordance with the
provisions ofthe Code.
o In case of a juvenile offender, the appeal may be preferred by
▪ Guardian acting onbehalf of the juvenile.
o The Government or any person aggrieved by
▪ An order of acquittal passed by the Juvenile Court may,
 Within thirty days
• Prefer an appeal against such order in accordance withthe
provisions of section 417 of the Code

19. REMOVAL OF DISQUALIFICATION ATTACHED WITH CONVICTION:

o Subject to provisions ofthe Constitution
o A juvenile offender convicted under the provisions of this Act
▪ Shall not suffer adisqualification, if any,
 Attaching to a conviction ofan offence under such law

20. ESTABLISHMENT AND CERTIFICATION OF OBSERVATION HOMES AND

JUVENILEREHABILITATION CENTRES:
o The Government may establish and maintain
▪ Observation homesand
▪ Juvenile Rehabilitation Centres for the
 Reception of juveniles, including
 Separate Centres forfemale juveniles
o The Government may certify
▪ An observation home or a
▪ Juvenile Rehabilitation Centre
 Managed or controlled by a
• Non-governmental organization for reception ofjuveniles
o The Government may certify an
▪ Already established association or society in anylocal area for
 Social reintegration or rehabilitation of a juvenile offender
• Who is released onparole or
• Discharged from a Juvenile Rehabilitation Centre and
 May regulate activities andfunctions of such released or discharged
juvenile offender in the prescribed manner

21. POWER OF THE GOVERNMENT TO WITHDRAW CERTIFICATE:

o The Government, if
▪ dissatisfied with the
 Condition
 Management or
 Superintendence of a
• Certified observation homeor a
• Juvenile Rehabilitation Centre,
 ▪ May at any time withdraw the certificate
 Issued under section20 in prescribed manner

22. INSPECTION OF OBSERVATION HOMES AND JUVENILE REHABILITATION CENTRES:

o Inorder to report to the Juvenile Court or Juvenile Justice Committee on measures being
taken for
▪ Social reintegration
▪ Health
▪ Education or
▪ Other conditions of the inmates a
 Medical officer a member of the Committee
• With prior approval of
 Head of the Committee or
 An officer authorized by the Government
• May inspect an observation home or a Juvenile Rehabilitation
Centre

23. ACT TO OVERRIDE OTHER LAWS:

o The provisions of this Act shall have overridingeffect
▪ Notwithstanding anything contained in any other law for the time being in force

24. POWER TO MAKE RULES:

o The Government may, by notification in the official Gazette
▪ Make rules for carrying out the purposes of this Act

25. REPEAL:
o The Juvenile Justice System Ordinance, 2000 (XXII of2000) is herebyrepealed.

PREPARED BY
ANUM AKRAM