To provide for protection of the rights of children involved in
Whereas it is expedient to prove
for protection of children involved in criminal litigation, their
rehabilitation in society, re-organization of Juvenile Courts and
matters connected therewith and incidental thereto;
AND WHEREAS the National Assembly and the Senate
stand suspended in pursuance of Proclamation of Emergency of the
fourteenth day of October, 1999, and the Provisional Constitution
Order No. 1 of 1999;
AND WHEREAS the President is satisfied that
circumstances exist which render it necessary to take immediate
NOW, THEREFORE, in pursuance of Proclamation of
Emergency of the fourteenth day of October, 1999, and Provisional
Constitution Order No. 1 of 1999 as well as Order 9 of 1999, and in
exercise of all powers enabling him in that behalf, the President of
the Islamic Republic of Pakistan is pleased to make and promulgate
the following Ordinance:-
Short title; extent and commencement.
This Ordinance may be called the Juvenile Justice System Ordinance,
It extends to the whole of
It shall come into force at once,
In this Ordinance, unless there is
anything repugnant in the subject or context...
“Borstal Institution” means a place where child offender may be
detained and given educational and training for their mental, moral
and psychological development;
“ Child” means a person who at the time of commission of an offence
has not attained the age of eighteen years;
“Code” means the Code of Criminal Procedure, 1898(Act V of 18980;
“Guardian” means a parent or a person who has actual care of the
child and includes such relative who is willing to bear the
responsibility of the child;
“Juvenile Court” means a Court established under section 4;
“ Offence” means an offence punishable under any law for the time
being in force; and
“Probation officer” means a person appointed under the Probation of
Offenders Ordinance, 1960 (XLV of 1960), or such person as the
Provisional Government may appoint to perform the functions of
Probation Officer under this Ordinance.
Every child who is accused of the
commission of an offence or is a victim of an offence shall have the
right of legal assistance at the expense of the State.
A legal practitioner appointed by the
state for providing legal assistance to a child accused of the
commission of an offence, or victim of an offence, shall have at
least five years standing at the Bar.
The Provisional Government shall, in
consultation with the chief Justice of High Court, by notification
in the official Gazette, establish one or more juvenile Courts for
any local are within its jurisdiction
The High Court may…
Confer powers of Juvenile courts on
Courts of Sessions;
Judicial Magistrate of the First Class; and
Appoint, from amongst practicing advocates having atleast seven
years standing at the bar, Presiding officers of Juvenile Courts
with powers of a judicial Magistrate of the First Class for the
purpose of this Ordinance on such terms and conditions as the high
court may determine.
The Juvenile Court shall have the exclusive jurisdiction to try
cases in which a child is accused of commission of an offence.
Subject to sub section (3) on commencement of this ordinance, all
cases pending before a Trial Court in which a child is accused of an
offence shall stand transferred to the Juvenile Court having
The Juvenile shall not, merely by reason of a change in its
composition, or transfer of a case under sub-section (4), be bound
to recall or rehear any witness who has given evidence and may act
on the evidence already recorded.
On taking cognizance of an offence, the Juvenile Court shall decide
the case within four months.
No joint trial of a child and adult person,
Not withstanding anything contained in
section 239 of the Code, or any other law for the time being in
force, no child shall be charged with or tried for an offence
together with an adult.
F a child is charged with the commission of an offence for which
under Section 239 of the Code, or any other law for the time being
in force such child could be tried together with an adult, the Court
taking cognizance of the offence shall direct separate trial of the
child by the Juvenile Court.
Procedure of the Juvenile Courts.
A Juvenile Court
shall, unless provided otherwise in this Ordinance, follow the
procedure provided for in the Code.
A juvenile Court shall not ordinarily
take up any other case on a day when the case of a child accused in
fixed for evidence on such a day.
No person shall be present at any sitting of a Juvenile Court
Members and officers of the Juvenile court;
Parties to the case before the Juvenile Court and such other persons
who are directly concerned with the proceedings including the police
Such other persons as the Juvenile court directs to be present;
Guardian of the child.
At any stage during the course of the
trial of a case under this Ordinance, the Juvenile Court may, in the
interest of such child, decency or morality, direct
any person to withdraw from Court for
such period as the Court may direct.
Where at any stage during the course of the trial of a case, the
Juvenile Court is satisfied that the attendance of the child is not
essential for the purpose of the trial, the Juvenile court may
dispose with the attendance and proceed with the trial of the case
in absence of the child.
When a child who has been brought before a Juvenile Court and is
found to be suffering from serious illness, whether physical or
mental, and requires treatment, the Court shall send such child to a
hospital or a medical institution where treatment shall be given to
the child at the expense of the state.
Determination of age…
If a question arises as to whether a
person before it is child for the purposes of this Ordinance, the
Juvenile Court shall record a finding after such inquiry, which
shall include a medical report for determination of the age of the
Prohibition to public proceedings of cases.
Unless the Juvenile Court specifically authorizes, the Court
proceedings shall be published in any newspapers, magazine or
journal in any form which may disclose the name, address, school or
any identification or particulars calculated to lead directly or
indirectly to the identification of such child nor shall any picture
of the child be published.
The Probation Officer shall assist the Juvenile Court by making a
report on the child’s character, educational, social and moral
Subject to sub-section (2) of the report of the Probation Officer
submitted to the Juvenile court shall be treated as confidential.
The Juvenile Court may, if so thinks fit, communicate the substance
of the report to the child or his guardian and, where anyone of them
disputes the contents or views contained therein, the Juvenile court
may give such child or, as the case may be, guardian an opportunity
of producing such evidence as may be relevant to the matter stated
in the report.
Arrest and bail,
Where a child is arrested for
commission of an offence, the officer incharge of the police station
in which the child is detained shall, as soon as may be, inform..
the guardian of the child, if he can be found, of such arrest and
inform him of the time, date and name of the Juvenile Court before
which the child shall be produced; and
the concerned Probation Officer to enable him to obtain such
information about the child and other material circumstances which
may be of assistance to the juvenile Court for making inquiry.
Where a child accused of non-bail able offence is arrested, he
shall, without any delay and in no case later than twenty-four hours
from such arrest, be produced before the Juvenile Court.
Without prejudice to the provisions of the Code, a child accused of
a bail able offence shall, if already not released under Section 496
of Code, be released by the juvenile Court on bail, with or without
surety, unless it appears that there are reasonable grounds for
believing that the release of the child shall bring him into
association with any criminal or expose the child to any danger, in
which case, the child shall be placed under the custody of a
Probation officer or a suitable person or institution dealing with
the welfare of the children if parents or guardian of the child is
not present, but shall not under any circumstances be kept in a
police station or jail in such cases.
The Juvenile Court shall, in a case where a child is not grantee
bail under sub-section (3), direct for tracing the guardian of such
child and where the guardian of the child is traced out, the
juvenile Court may immediately release the child on bail.
Where a child under the age of fifteen years is arrested or detained
for an offence which is punishable with the imprisonment of less
than ten years, shall be treated a sif he was accused of commission
of a bailable offence.
No child under the age of fifteen years shall be arrested under any
of the laws dealing with the previous detention or under the
provisions of Chapter VII of the Code.
Notwithstanding anything contained in the Code and except where a
Juvenile Court is of the opinion that the delay in the trial of the
accused has been occasioned by an act or omission of the accused or
any other person acting on his behalf or in exercise of any right or
privilege under any law for the time being in force, a child who,
for commission of an offence, has been detained, shall be released
If, being accused of an offence punishable with death has been
detained for such offence for a continuous period exceeding one year
and whose trial for such an offence has not concluded.
If, being accused of any offence punishable for improvement for life
has been detained for such an offence for a continuous period
exceeding six months and whose trial for such offence has not
Who, being accused of any offence not punishable with death, or
imprisonment for life, has been detained for such an offence for a
continuous period exceeding four months and whose trial for such an
offence has not concluded
Provided that where a child of the age
of fifteen years or above is arrested, the court may refuse to grant
bail if there are reasonable grounds to believe that such child is
involved in an offence which in its option Is serious, heinous,
gruesome, brutal, sensational in character or shocking to public
morality or he is a previous convict of an offence punishable with
death or imprisonment for life.
Release on Probation: -
Where on conclusion of an inquiry or
trial, the Juvenile Court finds that a child has committed an
offence, then not withstanding anything to the contrary contained in
any law for the time being in force, the Juvenile Court may, if it
Direct the child offender to be released on probation for good
conduct and place such child under the case of guardian or any
suitable person executing a bond with or without surety as the court
may require, for the good behavior and wellbeing of the child for
any period not exceeding the period of imprisonment awarded to such
Provided that the child released on probation
be produced before the Juvenile Court periodically on
such dates and time as it may direct.
Make an order directing the child offender to
be sent to a borstal institution until he attains the age of
eighteen years or for the period
of imprisonment whichever is earlier.
Reduce the period of imprisonment or probation in the case where the
Court is satisfied that further imprisonment or probation shall be
Orders that shall not be passed with
respect to a child… Notwithstanding anything to the contrary
contained in any law for the time being in force no child shall be:
Awarded punishment of death, or ordered to labor during the time
spent in any borstal or such other institution; and
put in fetters or given any corporal punishment at any time which is
Provided that where there is reasonable
apprehension of the escape of the child from custody, he may be
Appeal, etc., --
(1) A child convicted on a trial by a
Juvenile Court, or any other person on his behalf, may, within
thirty days from the date of such order, prefer an appeal in
accordance with the provisions of the Code.
The Provisional Government or any person aggrieved by an order or
acquittal passed by a Juvenile Court, may within thirty days prefer
an appeal against such order in accordance with the provisions of
section 417 of the Code.
Ordinance not to derogate from other
The provisions of this Ordinance shall
be in addition to and not in derogation of, any other law for the
time in force.
Power to make rules
The Provisional Government may, by
notification in the official Gazette, make rules for carrying out
the purposes of this Ordinance.