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1.  Concept of fair trial & its features
 Various Legislations
 Child in Conflict with law
a) Introduction, Objective, Purpose
b) Apprehension & Bail
c) Limitation
d) Fair & speedy enquiry Sec.14(5)
e) Preliminary Assessment Sec.15 & 18(3)
f) Appeal Sec.101
g) Revision & other procedure Sec.102 to 104
h) Challenges/Reflections
i) Way Forward And Action Plan On Identified Challenges
j) Promising Practices Around Any Of The Focus Areas

2. A fair trial is a fundamental human right of every accused person. It
means that trials must be conducted by an impartial judge in an
impartial environment where all parties are treated equally until proven
guilty.
1. A fair trial ensures that Article 21 of the Constitution is upheld and
ensures justice.
2. The right to fair trial is one of the fundamental guarantee of human
rights and rule of law, aimed at ensuring administration of justice.
3. Fair trial includes fair and proper opportunities allowed by law
4. to prove innocence.

3.  Open court, in public view.
 The accused is defended by a defence lawyer who
gets an opportunity to cross-examine all the
prosecution witnesses and to present witnesses in
the accused's defence.
 The judge has to assume that the accused is
innocent until proven guilty.

4.  Judge remains impartial and on proved innocent
(Based on the evidence), the accused is allowed to go
free.
 Every citizen, irrespective of their class, caste, gender,
religion and ideology, before the law would not make
much sense if every citizen were not guaranteed a fair
trial by the Constitution.

5.  Constitutional Assurances – Art. 14/15(3)/21/21(A)/23(1) etc.
 CR.P.C.
 Evidence Act.
 The Juvenile Justice (Care and Protection of Children) Act,
2015.
 The Guardian and Wards Act, 1890
 The Child Labour (Prohibition And Regulation) Act, 1986

6.  The Pre-Natal Diagnostic Technique (Regulation and
Prevention of Misuse) Act 1994
 Juvenile Justice (Care And Protection Of Children) Act,
2000
 The Commissions For Protection Of Child Rights Act, 2005
 The Prohibition Of Child Marriage Act, 2006
 The Right Of Children To Free And Compulsory Education
Act, 2009
 The Protection Of Children From Sexual Offences Act, 2012

8. “It cannot be questioned that children are
amongst the most vulnerable sections in any society.
They represent almost one-third of the world's
population, and unless they are provided with proper
opportunities, the opportunity of making them grow
into responsible citizens of tomorrow will slip out of the
hands of the present generation…...” The said
observation made in Salil Bali Vs.: Union of India (UOI)
and Anr, 2013VII AD (S.C.) by Supreme Court goes on to
show that it is our obligation to the young generation to
open up all opportunities including the legal services for
every child to unfold its personality and rise to its full
stature, physical, mental, moral and spiritual.

10.  In Delhi, 16-year-old 'X' is accused of stealing a cell
phone.
 In Mumbai, 12- year-old 'Y' is the victim of sexual
abuse.
 In Calcutta, 10-year-old 'Z's parents are fighting over
his custody.
 In Chennai, 13-year old 'S' was rescued from a factory
who found to be trafficked.
Everyday children such as these come in contact
with the justice system, where formal and informal
justice providers make decisions that have the
potential to influence the future course of their lives.

11. Various questions arise such as :-
 What rights do these children have when they come in
contact with the law?
 Are they entitled to any type of legal assistance?
 If so, how might those services best be made available
and actually reach children in crisis or in need?
 How can legal services be made “child-friendly” given
logistical and financial limitations?
 And how does the concept of child-friendly justice play
out in informal justice systems?
 The purpose of this Scheme is to suggest a conceptual
and practical framework for addressing these questions,
with the ultimate goal to provide children with
meaningful, effective, affordable, and age-appropriate
legal assistance “on the ground.”

17.  Constitution of boards, committees, commissions,
etc.
 Section 4 / 29 / 62A/ 63, JJ Act and rule 11 of JJ Rules.
 Under section 17of Commission for Protection of Child
Rights Act 2005, State is under obligation to constitute
State Commissions. SLSAs shall ensure that such
commission u/s 17 of Commission for Protection of Child
Rights Act 2005 has been constituted and working
effectively.
 Under section 16 of The Prohibition Of Child Marriage Act,
2006,the State Government is authorised to appoint for the
whole State, or such part thereof as may be, an officer or
officers to be known as the Child Marriage Prohibition
Officer to prevent child marriage and to deal the matters
connected thereto.

18.  CCL apprehended, to be handed over to SJPU or designated
Child Welfare Police Officer.
 CCL not to be kept in police lockup or jail. (Sec.10)
 The role of person in charge of child as parent and
responsible for his maintenance. (Sec.11)
 Bail is rule to a person who is apparently a child; and it can
be rejected on specified grounds to be recorded.

19.  In the event of rejection of bail, CCL to be placed in
observation home or place of safety.
 If CCL is unable to fulfil conditions, Board to modify
order within 7 days. (Sec.12)
 On apprehension of CCL, parents, guardian, or
Protection Officer to be informed. (Sec.13)
 If released on bail, Probation Officer, or Child Welfare
Officer to be informed. (Sec.13)

21.  Inquiry by Board to be completed within 4 months and it my
be extended for 2 more months recording reason. (Sec.14)
 Limitation for preliminary assessment as per Sec.15 by board-
within 3 months from the date of production.
 If inquiry for petty offence not completed within the
extended period, the proceeding shall stand terminated.
 For serious or heinous offences, extension of time of inquiry
to be given by CJM/CMM recording reasons if inquiry not
completed within extended period. (Sec.13)

22.  Board to satisfy that CCL is not subjected to ill treatment
and to take corrective steps if there is ill treatment.
 Child friendly atmosphere during proceeding.
 CCL be given opportunity to be heard and participate in
hearing.
 For petty offences, summery procedure as per Cr.P.C.
 For serious offences, summons procedure as per Cr.P.C.
 For heinous offences summons procedure when child below
16 years and for child above 16 years, as per procedure U/s.15.

23.  In preliminary assessment is made by Board of children
above 16 years and below 18 years alleged to have
committed heinous offence.
 Board is to assess the mental and physical capacity of the
child to commit offence and his ability to understand the
consequences of the offence with assistance of expert.
 If satisfied that it should be disposed of by Board,
summons procedure under Cr.P.C. to be followed by Board.
[Sec.15(2)]
 If there is need for trial as adult, Board to transfer case to
Children’s Court. [Sec.18(3)]
 Order of assessment appealable U/s.101(2)
 No joint proceeding of CCL and person not a child. (Sec.23)

24.  Person aggrieved by order of Committee or Board to prefer
appeal within 30 days to Children’s Court. (Sec.101)
 On decisions of Committee relating to Foster Care and
Sponsorship, appeal lies with District Magistrate.
 Delay in filing appeal may be condoned by Sessions Court
or District Magistrate.
 In appeal against the order of assessment U/s.15, appellate
Court may take assistance of expert other than those taken
by Board.
 No appeal against order of acquittal by Board of heinous
offence where child above 16 years.
 No second appeal.
 Appeal to High Court against order of Children’s Court.

25.  Revision by High Court U/s.102 against order of
Committee, Board or Children’s Court on its own motion or
on application with reasonable opportunity to person
affected.
 In inquiries, appeals & revisions, save as otherwise
expressly provided in Act, summons procedure as per
Cr.P.C. to be followed. (Sec.103)
 Committee or Board may amend its own order as to the
institution to which child to be sent or person under whom
child to be placed or for clerical mistake. (Sec.104)

26.  Right of child to legal assistance, right to information, right to
interpreter, right to have parents present and right to consular
assistance apply throughout the proceeding.
 Legal representatives should provide children with all
necessary information.
 They should correctly advise and guide children throughout
the proceeding.
 They should after consulting the child, express his/her views
to Board or Committee.
 They should remain present through out the proceeding,
including interview by SJPU of designated police for juvenile.
 They should be aware of the need of the child for general and
psychological support throughout the proceeding and
contribute to such support.

27.  Training of advocates as to their approach to CCL and the
proceeding to serve best interest of child which is
paramount consideration for any action or decision.
 All stakeholders should be aware that all the measures
taken in respect of CCL should be proportional to the
circumstances of the offence and CCL and gravity of
offence.

28.  Presumption of innocence extends to CCL until proved
guilty.
 CCL should be heard directly, and not only through a
representative at all stages of the proceeding.
 CCL have right to remain silent and for that no adverse
inference should be taken.
 CCL has the right to be informed promptly and directly of
the charges against him and if appropriate, through
parents or guardians.
 The Board or Children’s Court should limit, restrict, or
exclude the presence of parents/guardians in proceedings
at the request of the child or his legal representative when
it is for best interest of child.