Legal provisions regarding alternative punishment under Section 28 of the Juvenile Justice (Care and Protection of Children) Act, 2000.
Section 28 of the Juvenile Justice (Care and Protection of Children) Act, 2000 provides that where an act or omission constitute an offence punishable under this Act and also under any other Central or State Act, then, notwithstanding anything contained in any law for the time being in force, the offender found guilty of such offences shall be liable to punishment only under such Act as provides for punishment which is greater in degree.
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ADVERTISEMENTS:
According to Rule 18 of the Juvenile Justice (Care and Protection of Children) Rules, 2007, the procedure to be followed in respect of Sections 21, 22, 23, 24, 25 and 26 of the Act is:
(1) In the event of violation of provisions laid down under Section 21 of the Act,—
(a) The Board shall take cognizance of such violation by print or electronic media and shall initiate necessary inquiry and pass appropriate orders as per provisions contained in sub-section (2) of Section 21 of the Act; and
(b) Where the National or the State Commission for Protection of Child Rights takes suo motu cognizance of violation under Section 21 of the Act, it shall inform the District or the State Child Protection unit of the concerned district and the State directing them to initiate necessary action through the Board.
ADVERTISEMENTS:
(2) In the event of an escape of a juvenile in conflict with law or a child, the following action shall be taken within twenty-four hours;
(a) The officer-in-charge of any institution shall immediately send a report to the area police station or Special Juvenile Police Unit along with the details and description of the juvenile or child, with identification marks and a photograph with a copy to the Board, District Child Protection Unit and other authorities concerned;
(b) The officer-in-charge of institutions other than shelter homes or drop-in-centres shall send the guards or concerned staff in search of the juvenile at places like railway stations, bus stands and other places where the juvenile is likely to go;
(c) The parents or guardians shall be informed immediately about such escape; and
ADVERTISEMENTS:
(d) The officer-in-charge of an institution other than a shelter home or drop-in-centre shall hold an inquiry about such escape and send his report to the Board or Committee and the authorities concerned and the report shall be placed before the Management Committee set up under Rule 55 of these rules in the next meeting for review.
(3) The offences against a juvenile in conflict with law or a child specified in Sections 23, 24, 25 and 26 shall be either bailable or non-bailable besides being cognizable under the provisions of the Code of Criminal Procedure 1973 (2 of 1974) and the procedures shall apply on the police, the Board and the concerned authorities and functionaries accordingly.
