Section 212 Child’s Right Act
Section 212 Child’s Right Act 2003 is about Detention pending trial. It is under Part XX (Child Justice Administration – Investigation) of the Act.
(1) Detention pending trial shall‐
(a) be used only as a measure of last resort and for the shortest possible period of time;
(b) wherever possible, be replaced by alternative measures, including close supervision, care by and placement with a family or in an educational setting or home.
(2) While in detention, a child shall be given care, protection any necessary assistance including social, educational, vocational, psychological, medical and physical assistance, that he may require having regard to his age, sex and personality.
(3) Where the Court authorises an apprehended child to be kept in police detention the Court shall unless it certifies‐
(a) that, by reason of such circumstances as specified in the certificate, it Is impracticable for him to do so; or
(b) in the case of an apprehended child who has attained the age of fifteen years, that no secure accommodation is available and that keeping him in some other authority’s accommodation would not be adequate to protect the public from serious harm from the child, secure that the apprehended child is moved to a State Government accommodation.
(4) Classification in the place of detention pending trial shall take account of the social, educational, medical and physical characteristics and condition of the child, including his age, sex and personality.
