Section 215 Child’s Right Act

Section 215 Child’s Right Act 2003 is about Guiding principles in adjudication. It is under Part XX (Child Justice Administration – Adjudication) of the Act.

(1) Where a child offender is brought before the Court, the court shall ensure that‐ .
(a) the proceedings is conducive to the best interests of the child and is conducted in an atmosphere of understanding which allows the child to participate therein and express himself freely;
(b) the reaction taken is always in proportion not only to the circumstances and the gravity of the offence but also to the circumstances and needs of the child and the needs of the society;

(c) the personal liberty of the child is restricted only ‘after careful consideration of the case, including the use of alternative methods of dealing with the child, and the restriction is limited to the possible minimum;
(d) the child is not deprived of his personal liberty unless he is found guilty of‐
(i) a serious offence involving violence against another person; or
(ii) persistence in committing other serious offences, and there is no other appropriate response that will protect the public safety;
(e) the well‐being of the child is the guiding factor in the consideration of his case.

(2) The Court has the power to discontinue any proceedings at any time if circumstances arise which make discontinuation of the proceedings the best way to dispose of the case.

(3) The Court shall handle each case brought before it expeditiously without unnecessary delay.