JUVENILE JUSTICE RULES, 2001
[The gazette of Pakistan extraordinary part II, 11, December 2001]
S.R.O. 867 (1)/2001.—In exercise of the powers conferred by Section 15 of juvenile justice systems Ordinance 2000 (XXII of 2000), read with justice Division’s Notification No. F-17(2)/80-Pub. Dated 31.12.1980 issued in pursuance of (Article 2 of 1980) and all other powers relating in that behalf the Government of Pakistan, ICT administrations is pleased to make the following rules, namely:–
1. Short title, commencement and application.—(1) These Rules may be called as juvenile justice rules, 2001;
(2) They shall come into force at once.
(3) They shall extend to the whole of the Islamabad Capital Territory.
2. Definitions.—(1) In these rules, unless there is something repugnant in the subject or context.–
(a) “Incharge” means a person appointed by the [provincial Government] as incharge of the Borstal Institution.
(b) “Income” mean all those juveniles who are placed and detained in [a] Borstal Institution;
(c) “Juvenile” means a person who at the time of commission of an offence has not attained the age of eighteen years [or a child as defined in the juvenile System Ordinance, 2000];
(d) “parole officer” means a person appointed by the provincial Government to perform the function of parole officer in the Reclamation and Probation Department under the good conduct prisoners Probational Release Act, 1926 (Act X of 1926) and other rules framed and enforce for the time being.
(e) He and its derivative are hereinafter used for any juvenile whether male or female.
(f) the words importing singular number include plural number and the words importing plural number include singular number.
(2) “Words and expression” used but not defined shall have the same meanings as assigned in the respective laws.
3. Legal Assistant.—(1) Where it appear to a juvenile court that a legal practitioner appointed by the State to Conduct a case of juvenile is not competent or diligent, the court may direct to engage any other legal practitioner for the purpose at the state expense.
(2) A penal of legal practitioners shall be constituted by the Sessions judge for the purpose of providing legal assistance to the juvenile at state expense, [Whereas,] a legal practitioner shall not be appointed for more than two cases of the juvenile at the same time.
(3) The legal practitioner, appointed to defend the case of a juvenile, shall be entitle to receive fee determined by the Session judge subject to [the] minimum [limit] of [Rs. 5000/- rupees five thousand] and not [exceeding] [Rs. 10,000/- ten thousand].
(4) The case of juveniles shall not be dealt by the same legal practitioner successively at the state/expense unless other wise asked for by the juvenile court.
4. Establishment of Borstal Institutions.—(1) [The Provincial Government] shall establish and maintain [at least] one Borstal Institution in ICT to keep and accommodate [the juveniles therein.]
(2) All arrangements to impart education and training with respect to their mental physical, moral and physiological development shall be provided within the Borstal Institutions.
5. Accommodation for juvenile.—(1) the Borstal institutions shall provide accommodation to the juveniles with reasonable facilities such as toilets, bath rooms, cleanliness [and sanitation].
(2) The juvenile shall be provided, if possible, with cellular accommodation for the purpose of their separation [from their] inmates at night.
6. Juveniles to be sent to Borstal Institution.—If the juvenile court on the conclusion of an enquiry or trial, finds that the juvenile has committed the offence, the court ma make an order directing the juvenile to be sent to a Borstal institution until he attains the age of eighteen years or for such period of imprisonment as awarded to him by the Court which ever, is earlier.
7. Juveniles to be admitted in Borstal Institution.—(1) No juveniles shall be admitted to a Borstal institution except under a lawful warrant or an order issued by a juveniles court having jurisdiction into the matter addressed to the incharge of the Borstal institution.
(2) On admission to a Borstal institution, the incharge, responsible to receive the juveniles shall record the requisite information regarding each juvenile such as name, parentage complete address, education, section of law charged, first information report number, police station, address of the court concerned, date of production in court, if any, and the term of his detention in the Borstal Institution.
(3) On admission to a Borstal institution, every juvenile shall be examined by the District health officer, who shall record his age, weight, height, identification marks and health report of every such juvenile so admitted in the Borstal Institution.
(4) The District Health officer shall take appropriate steps for treatment of the sick juveniles.
(5) On admission to the Borstal institution, a female juvenile shall be death only by the female staff in all matters relating to the female juvenile.
8. Thorough search of every juvenile.—(1) On admission to a Borstal institution, every juvenile shall be thoroughly searched.
(2) No juvenile shall be allowed to keep any prohibited article prohibited in any law or rule relating to detention of the offenders for the time being force.