Section 217 Child’s Right Act
Section 217 Child’s Right Act 2003 is about Child justice procedure in Court. It is under Part XX (Child Justice Administration – Adjudication) of the Act.
(1) Where a child is brought before the Court, the Court shall, as soon as possible, explain to him and his parents or guardian in a language the child and the child’s parent or guardian understands, the substance of the alleged offence.
(2) Subject to the provisions of section 152 (4) (b) (i) of this Act, where a child is brought before the Court for an offence, the case shall be finally disposed of in the Court, and it shall not be necessary to ask the parent or guardian of the child whether he consents that the child be dealt with in the Court.
(3) If the child does not admit the facts of an alleged offence, the Court shall proceed to hear the evidence of the witnesses in support of the facts and at the close of the evidence of each witness, the Court shall ask the child or if the Court sees fit, the parent or guardian of the child, whether he or she wishes to put any questions to the witnesses.
(4) If the child, instead of asking questions, wishes to make a statement, the child shall be allowed to do so and it shall be the duty of the Court to put to the witnesses such of the questions as appear to be necessary and the Court may put to the child such questions as may be necessary to explain anything in the statement of the child.
(5) If it appears to the Court that a prima facie case is made out against the; child, the evidence of the witnesses for the defence shall be heard, and the child shall be allowed to give evidence or to make any statement.
(6) If a child admits the offence or the Court is satisfied that the offence is proved, the Court shall then ask the child if he desires to say anything in explanation of the reason or reasons for his conduct, and, before deciding on how to deal with him, the Court ‐
(a) shall obtain such information as to his general conduct, home surroundings, school record, including the social inquiry reports referred to in section 224 of this Act and medical history, as may enable it deal with the case in the best interests of the child;
and
(b) may put to the child any question arising out of such information.
(7) For the purposes of obtaining an information under Subsection (6) of this section or for special medical examination or observation, the Court may from time to time, remand the child on bail or to a place of detention.
(8) If a child admits the offence or the Court is satisfied that the offence is proved, and the Court decides that a remand is necessary for purposes of inquiry or observation, the Court may cause an entry to be made in the Court records that the charge is proved and that the child has been remanded for enquiry or observation.
(9) The Court before which a child who has been remanded is brought may, without further proof of the Commission of the offence, make any order in respect of the child which could have been made by the Court which remanded the child.
