Balochistan Juvenile Justice Rules, 2002.
Dated Quetta, the 26th February, 2002.
5(18)/2001/365-93. in exercise of the powers conferred by
Section 15 of the Juvenile Justice System Ordinance, 2000 (XXII) of 2000)
the Government of Balochistan is pleased to make the following Rules,
1. Short title, commencement and application:
(1) These Rules may be called the Balochistan Juvenile
Justice Rules, 2002.
(2) They shall come into force at once.
(3) They shall apply to all the Juveniles in Balochistan.
In these rules, unless there is something repugnant to the subject or
context, the following expressions shall have the meanings,
(a) “Juvenile means a person who at the time of commission of an
offence has not attained the age of eighteen years and includes
a child and a youthful offender;
(b) “child” means a person under a statutory age and includes all
children who at the time of framing of a charge or initiation of
any proceeding under theses rules are under seven years of age;
(Section 82 of Pakistan Penal Code); or under twelve years of
age with immature understanding (section 83 of Pakistan Penal
Code); or under fourteen years of age (Constitution of Islamic
Republic of Pakistan); or under sixteen years of age (Sindh
Children Act, 1955) and under eighteen years of age (Juvenile
Justice System Ordinance, 2000)
(c) “Youthful Offender” means a person who at the time of
commission of an offence is under fifteen years of age;
(d) “Guardian” means a parent or a person who has actual care of
the child and includes such relative who unwilling to bear the
responsibility of the child;
(e) “Borstal institution” means a place where Juvenile delinquent
be detained and given education and training for their mental,
moral and psychological developments. It includes certified
school; Juvenile training school; industrial centres,
classification, Care or Remand Homes; and Half-way Houses.
(f) “Code” means the Code of Criminal Procedure, 1898 (Act V of
(g) “inmate” means all those juveniles who are placed and
confined in the borstal institution.
(h) “word and expressions” used herein but not defined in these
rules have the same meaning as defined in the Juvenile Justice
System Ordinance, 2002, and the Laws in force in this
3. Legal Assistance:
(1) A Juvenile who is involved, arrested, accused or incriminated
of commission of an offence or is a victim of an offence shall
have the right of legal assistance at the expense of the state.
(2) Where it appears to a Juvenile court that a legal practitioner
engaged by the state is not competent or diligent, the court may
direct to engage any other legal practitioner at the expense of
state as provided under sub-rule(1).
POWERS AND PROCEDURE
OF JUVENILE COURTS
4. Procedure of Juvenile Courts;
A Juvenile Court shall take all necessary steps to protect the rights of
5. Orders that shall not be passed:
Notwithstanding anything to the contrary in any law for the time being
in force, no Juvenile shall be:
(a) awarded punishment of death, or ordered to labour during the
time spent in any borstal or such other institution; and
(b) Handcuffed, put in fetter or given any corporal punishment at
any time while in custody.
Provided that where there is reasonable apprehension of the escape of
the Juvenile from custody, he mat be handcuffed.
ARREST, PRODUCTION AND BAIL
If it appears that there are reasonable grounds for believing that the
release of he Juvenile shall bring him in association with any criminal or
expose him to any danger, he may not be released.
7. Juvenile not to be kept in Police Station or Jail
The Juveniles shall not under any circumstances be kept in a police
station or jail.
PART – IV
8. Juvenile be placed under custody of probation Officer:
If circumstance do not permit for release of any Juvenile on bail or
otherwise, he shall be placed under the custody of a probation officer or a
suitable person or institution dealing with the welfare of the Juvenile if parent
or guardian of the Juvenile is not present.
9. Court to reduce period of imprisonment or probation.
Where on conclusion of an inquiry or trial, the Juvenile court finds that
a Juvenile 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 thinks fit, reduce the period of imprisonment or probation in the case
where the court is satisfied that further imprisonment or probation shall not be
10. Establishment of borstal institutions:
(1) the borstal institution shall be maintained at least in every
district of the province to keep and accommodate Juveniles.
(2) All arrangements relating to education and training for their
mental, moral and psychological development shall be provided
within borstal institution.
11. Accommodation for Juveniles:
(1) The Juveniles shall be provided suitable accommodation.
(2) Juvenile shall be provided with cellular accommodation for the
purposes of separation of inmates at night.
12. Juvenile to be sent to borstal institution:
If the Juvenile court finds that a child has committed an offence on
conclusion of an inquiry or trial, the court may make an order directing the
Juvenile delinquent to be sent to a borstal institution until he attains the age of
eighteen years or for the period of imprisonment which ever is earlier.
13. Juvenile to be admitted in borstal institution:
(1) No Juvenile shall be admitted into a borstal institution except
under a lawful warrant or order issued by a Juvenile court or court of
jurisdiction addressed to Head / Officer Incharge of borstal institution.
(2) on admission to borstal institution, the officer responsible to
receive the Juvenile delinquent shall record all requisite informations about
each inmate regarding name, parentages, complete address , section of law,
FIR number, police station, address of the court concerned, date of
production in court, if any, and the term of imprisonment. Besides these
of education shall also be recorded of every inmate.
(3)On admission to borstal institution, every Juvenile shall be examined by
Medical Officer, who shall record age, weight, height, identification marks
and state of health of every inmate. The Medical Officer shall take appropriate
steps for treatment of sick inmates.
(4) On admission to borstal institution, a female Juvenile delinquent shall
be dealt by only female staff in all related matters.
14. Thorough search of every Juvenile:
On admission to a borstal institution, every Juvenile shall be thoroughly
searched. No person shall be allowed to keep any prohibited article as declared
in any law or rule for the time being in force, to be prohibited.
15. Transfer of Juvenile:
All Juveniles ordered to be detained under any of the law pertaining to
Juveniles shall be immediately transferred to the borstal institution.
16. Female Juvenile delinquents where to be confined:
(1)Female Juvenile delinquents shall be confined in separate enclosure of the
borstal institution exclusively meant for this purpose but if there is no
such enclosure, they shall be immediately transferred to any
classification or care home as ordered by the court.
(2) Female Juvenile delinquent shall in no case be kept in police lock up or
17. Facility of interview for Juvenile
Every Juvenile shall be allowed reasonable facility for seeing or
communicating with his relatives, friends and legal advisor in connection with
his judicious matters or family affairs. He shall be allowed to have interview
with them at least twice a week.
18. Release of Juvenile
(1) On receipt of written release order from the Juvenile court, the
Juvenile shall be immediately released from the legal custody after due
satisfaction into the validity of release order.
(2) On release of every Juvenile, he shall be provided with a
certificate by the Superintendent / Office Incharge of the institution
which will be helpful in his adjustment in the society.
19. Facility of release on parole for Juvenile.
(1) Juveniles shall be allowed the maximum facility of conditional
release through parole. In this connection parole officers may frequently be
allowed to visit Juveniles and to complete all relevant documents in the
shortest possible time.
(2) Juveniles released conditionally from an institution shall be
assisted and supervised by the Reclamation and probation Department through
parole officer and shall receive full support of the department and the
(3) The parole officer shall be responsible for supervision, care and
guidance of Juvenile for his constructive and productive role in society.
Provision of cots and other facilities for juveniles :
(1) Cots shall be provided to all juveniles confined in a borstal institution.
(2) Electric light shall be provided in all rooms for reading up to 10 p.m.
(3) Sanitary toilets and bath rooms shall be provided for the inmates.
(4) Dining halls for eating in association shall also be provided.
(5) Electric fans shall be provided in all rooms and workshops.
21. Facility of food for Juveniles :
(1) Every juveniles shall be provided by the administration at usual
hours with food of nutritional value, adequate for health and
strength, of wholesome quality and well prepared and served.
(2) Drinking water shall be available to every inmate whenever he
22. Clothing and bedding for Juveniles:
(1) Every juvenile shall be provided with an outfit of clothing by
the institution. It shall be clean and fit for use.
(2) Every juvenile shall also be provided with a separate bed,
which shall be clean when issued, kept in good order and
changed often enough to ensure its cleanliness.
23. Facility of Education for Juveniles :
(1) Every juvenile shall be provided facility of education within
borstal institution for at least four hours daily.
(2) Every inmate shall be provided full guidance and instruction in
reading, writing and learning arithmetic through a paid teacher.
(3) The standard of general education will be upto Matric Standard
as laid down for schools by Education Department.
(4) If inmate wants to get higher studies, he shall be allowed for
the same provided there is no complication for the
administration of the institution.
(5) A well stocked library shall be provided in the borstal
24. Facility of Religion's Education for Juveniles :
(1) Every juvenile shall be entitled to receive religious education
within borstal institution.
(2) Every Muslim juvenile shall be compulsorily taught, Nimaz
with its meaning. He shall also learn Holy Quran with its
meaning by a religious teacher.
(3) Every juvenile shall be asked to study ethics for which a course
is to be introduced and at the end of course, a written
examination may be conducted.
25. Facility of Remission for Convicted Juveniles :
Every convicted juvenile shall be entitled to earn all kinds of
remissions as provided in the Prisons Rules.
26. Health, Hygiene and Medical Care for Juveniles :
(1) Every juvenile shall be examined by the Medicare Officer on
his admission to a borstal institution and his age, weight,
height, identification marks and state of health shall be
recorded in the relevant register.
(2) File of every inmate, shall be maintained in each institution
alongwith previous medical history.
(3) There shall be regular medical check up of the inmates after
every three months and inmates shall be advised to maintain
health and hygiene by the Medical Officer.
(4) All types of medical tests be arranged inside the institution.
(5) Cases of patients of Tuberculosis, Asthma, Chronic Bronchitis,
Hepatitis, HIV+, Cancer, Epilepsy and Leprosy shall be
forwarded to juvenile court for bail etc, by the superintendent
of the institution alongwith latest medical reports.
(6) Less serious patients may be treated in isolation or in hospital
of the institution.
27. Treatment of Juveniles:
(1) All juveniles shall receive careful individual attention. The
features of their treatment will be:
(a) Sustained work;
(b) Physical, mental and moral training with a view to teach
them self-discipline; and
(c) Careful arrangement for their future discharge.
The aim of this treatment shall be to give the Juvenile
delinquents whose mind and character are still pliable, such training as is
likely to create in them a high standard of social behavior.
(2) The treatment programmes shall be arranged through teachings
of Nimaz, elementary education and industrial training under
28. Industrial Training of inmates:
(1) An inmate shall be encouraged to pick up the industry of his
choice. He shall be given the choice of any of the industries
taught in the institution compatible with his profession, taste or
other circumstances as far as possible.
(2) If the inmate shows no special inclination or aptitude, the head
of the institution may decide the industry which, he should be
taught, giving full consideration to his hereditary calling and
which he may follow after release to enable him to earn an
(3) The services of Juveniles may be utilized by the work of
29. Physical Training, Sports and Recreation:
(1) Physical drill, gymnastics, indoor and outdoor games and
training in scouting shall be provided for all inmates.
(2) Instructions in first aid and sanitation shall be regularly
(3) A spacious playground shall be provided in every Brutal
30. Psychological Development of Juveniles.
(1) All possible steps shall be taken to improve the mental caliber
of the juveniles. In this connection their natural instincts and
skills shall be developed and promoted.
(2) Juveniles shall not be allowed to sit empty-minded or to roam
here and there unnecessarily within the institution.
(3) Juveniles shall be encouraged to perform, both individually and
collectively, in the area of national reconstruction and the
31. Complaints and requests by Juveniles:
(1) Each and every complain and request made by the juveniles
shall be properly attended by the head of borstal institution and
every grievance be redressed within shortest possible time.
(2) A fake and malingering report made by the juvenile may,
however, be discouraged for the sake of maintenance
32. Discipline and Punishment:
(1) No juvenile shall be punished unless he has been informed of the
offence alleged against him and the punishment would be according to
rules already prescribed for this purpose.
(2) No juvenile shall be punished twice for an offence.
33. No Stigmatization :
No juvenile shall be stigmatized in any of the matters relating to
arrest, inquiry, court proceedings, prosecution, probation and
conviction unless specifically authorized by the court.
34. Rules not to Derogate from other Laws and Rules:
(1) The provisions of these rules shall be in addition to and
not in derogation of any other law and rules for the
time being in force.
(2) Notwithstanding anything contained contrary to any
law, the rights of the juvenile be protected in good faith
according to the Juvenile Justice ordinance ,2002 and
34. Secretary Law to visit Borstal Institution :
(1) It shall be the duty of Secretary law, Government of
Balochistan or any other Officer authorized by the
Government from time to time to visit and inspect every
institution situated within the Province and to satisfy
himself that the provisions of the Ordinance and rules are
(2) The result of each visit and inspection made shall be
recorded to the visitors book maintained at the institution.