KOZHIKODE: The state police chief has issued a circular that no FIR should be registered against children under 18 except in cases of heinous crimes and such crimes done along with adults. Instead, the Social Background Report (SBR) should be filed against the children after registering the alleged crime in the general diary. He issued this directive in accordance with the Juvenile Justice Act 2015 (Care and protection of children). The child welfare police officer (CWPO) or juvenile police unit is only entitled to prepare the SBR and it should be produced before the Juvenile Justice Board before the first hearing.
The police apprehending a child alleged to be in conflict with law shall not send him to a lockup nor compel the child to confess his guilt. The child should only be interviewed by the CWPO at child-friendly premises which do not give the feel of a police station or a custodial interrogation. The CWPO should be in plainclothes and in case of girls, women police shall be engaged. Though the circular has been hailed as children-friendly, some have expressed apprehensions. "The SBR is a welcome move to protect child rights. But there is some confusion.
If a child is arrested and no FIR is filed and if it is found that adults were involved in the later stage of the probe, it would weaken the prosecution case. The accused side should highlight the police 'lapse' in not registering FIR on time," points out advocate and former member of the state commission for protection of child rights (KeSCPCR) Naseer Chaliyam. Another legal expert observed that registering an FIR is mandatory according to criminal procedures and it would go against the JJ Act unless amendments are made.
