Q: How to establish Juvenile Court under Juvenile Justice System Act, 2018?
A: (1) The Government in consultation with the concerned High Court shall [by notification in the official Gazette] established or designated one or more Juvenile Courts, within a period of three months of the commencement of this Act.
(2) A Juvenile Court may be established for one or more sessions divisions and that case the Juvenile Court may hold trial of a case at such place as the High Court may specify.
(3) 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 with powers under section 30 of the Code or a practicing advocate who has at least ten years standing at Bar and the latter shall be appointed on such terms and conditions as the Government may determine in consultation with the concerned High Court
(4) The Juvenile Court shall have exclusive jurisdiction to try cases in which a juvenile is accused of commission of an offence.
(5) 'Subject to sub-section (4), on commencement of this Act all cases pending before a trial court in which a juvenile is accused of an offence shall stand transferred to the Juvenile Court having jurisdiction.
(6) The Juvenile Court shall not, merely by reason of a change in its composition transfer of a case under sub-section (5) be bound to recall or re-hear any witness who has given evidence and may act on the evidence already recorded.
(7) If any court taking cognizance of an offence find that an accused brought before it is a juvenile, it shall transfer his case to the Juvenile Court for further proceedings.
(8) On taking cognizance of an offence, the Juvenile Court shall decided the case within six months.
(9) Where the case is not decided within six months in terms of sub-section (8), the Juvenile Court shall seek extension from the High Court concerned explaining the reasons for not being able to decide the case within prescribed time-limit. If no such extension has been sought by the juvenile Court, the complainant or the juvenile may make an application to the High Court in this respect.
10) The juvenile Court may hold its sitting at a place, other than the place in which the ordinary courts hold sittings for trial of other cases.
This FAQ is prepared by Sadia Saman Advocate