Section 32 – Production before Committee – Juvenile Justice (Care And Protection Of Children) Act, 2000

The persons who may produce the child who is in need of care and protection, before the Child Welfare Committee as specified in this section are—

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(i) Any police officer, or special juvenile police unit or a designated police officer,

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(ii) Any public servant;

(iii) Childline or any registered voluntary organisation or agency authorised by the State Government and dealing with child welfare.

(iv) Any social worker or public spirited citizen authorised by the State Government, or

(v) Child himself.

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The child may be entrusted to the custody of Children’s Home pending inquiry under the rules framed by the State Government in this regard under the Act.

The High Court of Bombay in Sayaji Hanmant Bankar v. State of Maharashtra, held that where the Investigation Officer had taken charge of children accused and had produced them before Child Welfare Committee (C.W.C.), he must also report it to Sessions Judge seized of criminal case. If the Investigation Officer sends the child to Children’s Home, he must request the concerned Home to send six monthly progresses of the said children to the Sessions Court. The High Court made it clear that this was only by way of assistance to the C.W.C. and not by way of erosion of any of its powers or interference into its jurisdiction. This will enable the administration of criminal justice to take care of the human aspect also while seeing to it that the guilty were brought to the book.

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