Section 209 Child’s Right Act

Section 209 Child’s Right Act 2003 is about Disposal of case without resort to formal trial. It is under Part XX (Child Justice Administration – General) of the Act.

(1) The police, prosecutor or any other person dealing with a case involving a child offender shall‐
(a) have the power to dispose of the case without resorting to formal trial by using other means of settlement, including supervision, guidance, restitution and compensation of victims ; and
(b) encourage the parties involved in the case to settle the case, as provided in paragraph
(a) of this section.

(2) The police, prosecutor or other person referred to in subsection (1) of this section may exercise the power conferred under that Subsection if the offence involved is of a non‐serious nature and‐
(a) there is need for reconciliation; or ‐
(b) the family, the school or oilier institution involved has reacted or is likely to react in an appropriate or constructive manner; or
(c) where, in any other circumstance, the police, prosecutor or oilier person deems itnecessary or appropriate in the interest of the child offender and parties involved to
exercise the power.

(3) Police investigation and adjudication before the court shall be used only as measures of last
resort.