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  #1  
Old Sunday, November 16, 2008
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Default Laws, Ordinances and Regulations in Pakistan

TABLE OF CONTENTS
1. The Juvenile Justice System Ordinance 2000 2
2. The Juvenile Justice System Rules, ICT, 2001 9
3. The Juvenile Justice System Rules Baluchistan 2002 15
4. The Juvenile Justice System Rules NWFP 2002 27
5. The Juvenile Justice System Rules Punjab 2002 34
6. The Juvenile Justice System Rules Sindh 2002 40
7. Prevention And Control Of Human Trafficking
Ordinance, 2002
48
8. Criminal Procedure Code 1898 54
9. Pakistan Penal Code 1880 69
10. Railways Act 1890 85
11. The Good Conduct of Prisoners Probational Release Act
1926
12. Whipping Act 1909 102
13. Abolition of Whipping Act, 1996 106
14. Punjab Youthful Offenders Ordinance, 1983 108
15. Zina Ordinance, 1979 133
16. The Qadhaf Ordinance, 1979 140
17. Offences Against Property (Enforcement of Hudood)
Ordinance, 1979
18. Prisoners Act, 1900 155
19. Probation of Offenders Ordinance 1960 167
20. Reformatory Schools Act 1897 175
21. Sindh Borastal Schools Act 1955 184
22. Punjab Borastal Act 1926 194
23. Punjab Borastal Rules 1932 207
24. Pakistan Broadcasting Act, 1973
25. Motion Picture Ordinance, 1979
26. Bonded Labour System ( Abolition ) Act 1992
27. Bonded Labour System ( Abolition ) Rules 1995
28. Children ( Pledging of Labour ) Act 1933
29. Employment of Children Act 1991
30. Employment of Children Rules 1995
31. Shops and Establishment Ordinance 1969
32. Factories Act 1934
33. Mines Act 1923
34. Partnership Act 1932
35. Merchant Shipping Act, 1923
36. Maternity Benefits Ordinance1958
37. Literacy Ordinance 1985
38. N. W.F.P. Compulsory Primary Education Act 1996
39. Punjab Compulsory Primary Education Act 1994
40. Punjab Private Educational Institutions ( Promotion and Regulation) 1984
41. Workers Children Education Ordinance 1972
42. West Pakistan Primary Education Ordinance 1962
43. Divorce Act 1869
44. Muslim Family Laws Ordinance 1961
45. West Pakistan Family Court Ordinance 1964
46. Dissolution of Muslim Marriage Act 1939
47. Claims for Maintenance Ordinance 1959
48. Juvenile Smoking Ordinance 1959
49. Vaccination Ordinance 1958
50. Mental Health Ordinance 2001
51. Prohibition of Smoking Ordinance 2002
52. Protection of Breast Feeding Ordinance 2002
53. Passport Act 1974
54. Passport Rules 1974
55. Foreigner Act 1946
56. Immigration Ordinance 1979
57. Exit from Pakistan (Control) Ordinance 1981
58. Child Marriage Restraint Act 1929
59. Contract Act 1872
60. Female Infanticide Prevention Act 1870
61. Guardians and Wards Act 1890
62. Majority Act 1875
63. Sindh Children Act 1955
64. Succession Act 1925
65. Punjab Children Ordinance 1983
A. Registration
66. Birth , Death and Marriage Registration Act 1886
67. Pakistan Citizenship Act 1951
68. National Registration Act 1973
69. National Database& Registration Authority Ordinance 2000
70. Local Government Ordinance 2000
71. Vagrancy ( Karachi Division ) Act 1950
72. Punjab Supervision and Control of Children Homes Act 1976
73. Sindh Orphanages ( Supervision and Control ) Act 1976
74. The North West Frontier Province Orphanage Act 1976
75. The West Pakistan Control of Orphanages Act 1958
76. The West Pakistan Control of Orphanages Rules 1958
77. Dowry and Bridal Gift (Restriction) Act 1976
78. Provincial Employees Social Security Ordinance 1965
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Default Juvenile Justice System Ordinance, 2000

ORDINANCE XXII OF 200
JUVENILE JUSTICE SYSTEM ORDINANCE, 2000
An Ordinance to provide for protection of the rights of children
involved in criminal litigation
[Ist July, 2001]
1. Short title and commencement. – (1) This Ordinance may be called
the Juvenile Justice System Ordinance, 2000.
(2) It extends to the whole of Pakistan
(3) It shall come into force at once.
2. Definitions. – In this Ordinance, unless there is anything repugnant in
the subject or context, -
(a) ‘Borstal institution’ means a place where child offenders may be
detained and given education and training for their mental, moral
and psychological development;
(b) ‘child’ means a person who at the time of commission of an
offence has not attained the age of eighteen years;
(c) ‘Code’ means the Code of Criminal Procedure. 1898 (Act V of
1998);
(d) ‘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;
(e) ‘Juvenile Court’ means a Court established under section 4;
(f) ‘offence’ means an offence punishable under any law for the time
being in force; and
(g) ‘Probation Officer’ means a person appointed under the Probation
of Offenders Ordinance, 1960 (XLV of 1960), or such person as
the Provincial Government may appoint to perform the functions of
Probation Officer under this Ordinance.
3. Legal assistance. – (1) 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.
(2) 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.

4. Juvenile Courts. – (1) The Provincial Government shall in
consultation with the Chief Justice of High Court, by notification in official
Gazette, establish one or more Juvenile Courts for any local area within its
jurisdiction.
(2) The High Court may –
(a) confer powers of Juvenile Court on –
(i) Court of Sessions; or
(ii) Judicial Magistrate of the First Class; and
(b) appoint, from amongst practicing Advocates having at least seven
years standing at the Bar, Presiding Officers of Juvenile Courts with powers of
Judicial Magistrate of the First Class for the purposes of this Ordinance on
such terms and conditions as the High Court may determine.
(3) The Juvenile court shall have the exclusive jurisdiction to try
cases in which a child is accused of commission of an offence.
(4) Subject to subsection (3), on commencement of this Ordinance,
all cases pending before trial Court in which a child is accused of an offence
shall stand transferred to the Juvenile court having jurisdiction.
(5) The Juvenile Court shall not, merely by reason of a change in
its composition, or transfer of a case under subsection (4), be bound to recall
or rehear any witness who has given evidence and may act on the evidence
already recorded.
(6) On taking cognizance of an offence, the Juvenile Court shall
decide the case within four months.
5. No joint trial of a child and adult person. – (1) Notwithstanding
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.
(2) If a child is charged with 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.
6. Procedure of Juvenile Courts. – (1) Juvenile Court shall, unless
provided otherwise in this Ordinance, follow the procedure provided for in
the Code.
(2) A Juvenile Court shall not ordinarily take up any other case on
a day when the case of a child accused is fixed for evidence on such day.

(3) No person shall be present at any sitting of a Juvenile Court
except -
(a) members and officers of the Juvenile Court;
(b) parties to the case before the Juvenile Court and such other
persons who are directly concerned with the proceedings
including the police officers;
(c) such other persons as the Juvenile Court directs to be
present; and
(d) guardian of the child.
(4) At any stage during the court 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.
(5) 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 purposes of the trial, the Juvenile Court may dispense with the attendance
and proceed with the trial of the case in absence of the child.
(6) When 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.
7. Determination of age. – If a question arises as to whether a person
before it is a 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 child.
8. Prohibition to publish proceeding of cases. – (1) Unless the Juvenile
Court specifically authorizes, the Court proceedings shall not be published in
any newspaper, magazines or journal in any form which may disclose the
name, address, school or may identification or particulars calculated to lead
directly or indirectly to the identification of such child nor shall any picture of
the child be published.
9. Probation Officer. – (1) The Probation Officer shall assist the
Juvenile Court by making a report on the child’s character, educational, social
and moral background.
(2) Subject to subsection (3) the report of the Probation Officer
submitted to the Juvenile Court shall be treated as confidential.
(3) The Juvenile Court may, if it so thinks fit, communicate the
substance of the report to the child or his guardian and, where any one 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.

10. Arrest and bail. – (1) 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 -
(a) 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
(b) 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.
(2) Where a child accused of a non-bailable 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.
(3) Without prejudice to the provisions of the Code, child accused
of a bailable 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 parent 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.
(4) The Juvenile Court shall, in case where a child is not granted
bail under subsection (30), 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.
(5) Where a child under the age of fifteen years is arrested or
detained for an offence which is punishable with imprisonment of less than ten
years, shall be treated as if he was accused of commission of a bailable
offence.
(6) No child under the age of fifteen years shall be arrested under
any of the laws dealing with preventive detention or under the provisions of
Chapter VIII of the Code.
(7) 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 on bail, -
(a) if, being accused of an offence punishable with death has been
detained for such an offence for a continuous period exceeding one
year and whose trial for such an offence has not concluded;

(b) if, being accused of any offence punishable for imprisonment for
life has been detained for such an offence for a continuous period
exceeding six months and whose trial for such offence has not
concluded; or
(c) 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 opinion 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.
11. Release on probation. – Where on conclusion of an inquiry or trial,
the Juvenile Court finds that child has committed an offence, then
notwithstanding anything to the contrary contained in any law for the time
being in force, the Juvenile Court may, if it thinks fit -
(a) direct the child offender to be released on probation for good
conduct and place such child under the care of guardian or any
suitable person executing a bond with or without surety as the
court may require, for the good behaviour and well-being of the
child for any period not exceeding the period of imprisonment
awarded to such a child:
Provided that the child released on probation be produced before the
Juvenile Court periodically on such dates and time as it may direct.
(b) 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.
(c) reduce the period of imprisonment or probation in the case
where the Court is satisfied that further imprisonment or
probation shall be unnecessary.
12. 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 -
(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 fetters or given any corporal punishment at
any time while in custody:

Provided that where there is reasonable apprehension of the escape of
the child from custody, he may be handcuffed.
13. 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.
(2) The Provincial Government or any person aggrieved by an
order of 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.
14. Ordinance not to derogate from other laws. - The provisions of this
Ordinance shall be in addition to and not in derogation of, any other law for
the time being in force.
15. Power to make rules. – The Provincial Government may, by
notification in the official Gazette, make rules for carrying out the purposes of
this Ordinance.
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Default 2. Juvenile Justice Rules, 2001

JUVENILE JUSTICE RULES, 2001
(Islamabad Territory)
[The Gazette of Pakistan Extraordinary Part II, 11th December 2991]
S.R.O.867(I)2001. – In exercise of the powers conferred by Section 15 of
Juvenile Justice Systems Ordinance 2000 (XXII of 2000), read with Justice
Division’s Notification No.F-17 (2)/80-Pub.dated 31.12.1980 issued in
pursuance of (Article 2 of 1980) and all other powers relating in that behalf the
Government of Pakistan, ICT Administrations is pleased to make the
following rules, namely :-
PART 1 – PRELIMINARY
1. Short title, commencement and application:- (1) These Rules may
be called (as Juvenile Justice rules, 2001:
(2) They shall come into force at once.
(3) They shall extend to the whole of the Islamabad Capital Territory.
2. Definition:- (1) In these rules, unless there is something repugnant in
the subject or context.-
(a) “Incharge” means a person appointed by the [Provincial Government]
as incharge of the Borstal Institution.
(b) “Inmate” means all those juveniles who are placed and detained in [a]
Borstal Institution.
(c) “Juvenile” means a person who at the time of commission of an
offence has not attained the age of eighteen years [or a child as defined in the
Juvenile Justice System Ordinance, 200];
(d) “Parole Officer” means a person appointed by [the Provincial
Government to perform the function of Parole Officer in the Reclamation and
Probation Department under the Good Conduct Prisoners Probational Release
Act, 1926 (Act X of 1926) and other rules framed and enforced for the time
being.
(e) [He and its derivative are hereinafter used for any Juvenile whether
male or female.]
(f) [The words importing singular number include plural number and the
words importing plural number include singular number]
(2) “Words and expression” used but not defined shall have the
same meanings as assigned in the respective laws.
[*] Added by this Administration.
3. Legal Assistant. – (1) Where it appears to a Juvenile Court that a legal
practitioner appointed by the State to conduct a case of juvenile is not
competent or diligent, the Court may direct to engage any other legal
practitioner for the purpose at the state expense.
(2) A panel of legal practitioners shall be constituted by the
Sessions Judge for the purpose of providing legal assistance to the Juveniles at
state expense, [Whereas,] a legal practitioner shall not be appointed for more
than two cases of the juveniles at the same time.
(3) The legal practitioner, appointed to defend the case of a
juvenile, shall be entitled to receive fee determined by the Session judge
subject to [the] minimum [limit] of [Rs.5000/- rupees five thousand] and not
[exceeding] [Rs.10,000/- ten thousand].
(4) The cases of juveniles shall not be dealt by the same legal
practitioner successively at the state/expense unless otherwise asked for by the
Juvenile Court.
PART II – INSTITUTIONAL TREATMENTS
4. Establishment of Borstal Institutions. – (1) [The Provincial
Government] shall establish and maintain [atleast] one Borstal institution in
ICT to keep and accommodate [the juveniles] [therein.]
(2) All arrangements to impart education and training with respect
to their mental, physical, moral and physiological development shall be
provided within the Borstal Institutions.
5. Accommodation for juvenile. – (1) The Borstal Institution shall
provide accommodation to the juveniles with reasonable facilities such as
toilets, bath rooms, cleanliness [and sanitation].
(2) The juveniles shall be provided, if possible, with cellular
accommodation for the purpose of their separation [from their] inmates at
night.
6. Juveniles to be sent to Borstal Institution. – If the Juvenile Court on the
conclusion of an enquiry or trial, finds that the juvenile has committed the
offence, the Court may make an order directing the juvenile to be sent to a
Borstal Institution until he attains the age of eighteen years or for such period
of imprisonment as awarded to him by the Court whichever is earlier.
7. Juvenile to be admitted in Borstal Institution. – (1) No juveniles shall
be admitted to a Borstal Institution except under a lawful warrant or an order
issued by a Juveniles Court having jurisdiction into the matter addressed to the
Incharge of the Borstal Institution.

(2) On admission to a Borstal institution, the Incharge, responsible
to receive the juveniles shall record the requisite information regarding each
juvenile such as name, parentage complete address, education, section of law
charged, first information report number, police station, address of the Court
concerned, date of production in Court, if any, and the term of his detention in
the Borstal institution.
(3) On admission to a Borstal institution, every juvenile shall be
examined by the District Health Officer, who shall record his age, weight,
height, identification marks and health report of every such juvenile so
admitted in the Borstal institution.
(4) The District Health Officer shall take appropriate steps for
treatment of the sick juveniles.
(5) On admission to the Borstal institution, a female juvenile shall
be dealt only by the female staff in all matters relating to the female juvenile.
8. Thorough search of every juvenile. – (1) On admission to a Borstal
institution, every juvenile shall be thoroughly searched.
(2) No juvenile shall be allowed to keep any prohibited article in
any law or rule relating to detention of the offenders for the time being in
force.
9. Transfer of juvenile.- All juveniles already ordered to be detained
under any of the laws pertaining to the juveniles, shall immediately by
transferred to the Borstal institution.
10. Detention of female juvenile. – (1) Female juveniles shall be detained
in a separate enclosure of the Borstal institution exclusively established for the
purpose.
(2) In case the is no such enclosure as mentioned in Section (1)
above, they shall immediately be transferred to any care home as ordered by
the Court.
Female juveniles shall in no case be kept in a police lock up or prison.
11. Facility of meeting of juvenile. – Every juvenile shall be allowed
reasonable facilities of seeing or communicating with his relatives, friends and
legal adviser in connection with his family affairs or judicial matters and shall
be allowed to have meeting with them at least twice a week.
12. Release of juvenile.- (1) On receipt of written release order from the
juvenile Court, the juvenile shall immediately by released from the legal
custody after due satisfaction into the validity of the release order.
(2) On release of every juvenile, he shall be provided with a
certificate as to his character, health, Education and [the training received] by

him during his detention in the Borstal institution by the Incharge of the
institution which may be helpful in his adjustment in the society.
13. Health, hygiene and medical care.- (1) A medical file of every juvenile
shall be maintained in the Borstal institution alongwith his previous medical
history, if any.
(2) There shall be regular medical check up of the juvenile
detained in the Borstal insitution after every three months and they shall be
advised properly by the District Health Officer to maintain their health and
hygienic satisfactory.
(3) All types of the [necessary medicines/medical facilities shall be
arranged within the Borstal institution including the arrangements for their
necessary medical tests.
(4) Cases of patients of Tuberculosis, asthma, Chronic Bronchitis,
Hepatitis H&C, HIV/AIDS & Cancer, Epilepsy and any other serious disease
shall be forwarded to the juvenile Court for bail etc. by the Incharge of the
Borstal institution alongwith latest medical reports.
(5) Less serious patients may be treated in isolation from their
inmates within the hospital of the institution.
14. Moral treatment.- (1) All juveniles shall be given careful individual
attention to develop their moral conduct and attitude in order to make them
disciplined citizens.
(2) [Special treatment programmes shall be arranged with respect
to religious] education upto the high school level [alongwith]
industrial/vocational/technical training under proper supervision.
15. Technical training. – (1) Every juvenile shall be allowed to choose any
of the industrial training to be imparted in the institution and shall be
encouraged to receive the training of his choice or the training compatible with
his preference, profession or circumstances, as far as possible.
(2) If [a juvenile] shows no special inclination or aptitutude [in any
of the training, programme as discussed earlier] the head of the institution may
decide the industry [which he should be taught giving full consideration to his
hereditary calling and the pursuit which he would follow after his release from
the Borstal institution under the circumstances in order to enable him to earn
respectable livelihood in the society.]
(3) The services of the (the) juveniles may be utilized in the [field]
of architecture [as well].
16. Physical training, sports and recreation.- (1) [Facilities] [of]
physical drill, gymnastics, [scouting and] indoor/outdoor games shall be
provided to the [juvenile detained in the Borstal] [institutions].

Instructions in first-aid and sanitation shall also be imparted regularly.
A spacious playground shall be provided in every Borstal Institution.
17. Psychological development of juveniles. – (1) All possible steps shall
be taken to improve the mental caliber of the juveniles and in this connection,
their natural instincts and skills shall be [identified], developed and promoted.
(2) Juveniles shall not be allowed to waste [their]time [in the
Borstal institution].
(3) Juveniles shall be encouraged to play their role, both
individually and collectively, in the area of national
reconstruction and development.
18. Complaints and requests by juveniles.- (1) Each and every complaint
and requests made by the juveniles shall be properly attended [to] by the
Incharge [of] of the Borstal institution and every [such grievance [shall] be
redressed [as is necessary for the purposes of the Juvenile Justice System
within the] shortest possible time.
(2) [Any] false [or] malingering report made by [a] juvenile may
however, be discouraged for the sake of maintenance of [the] institution order
and discipline.
19. Discipline and punishment. – (1) Discipline and order shall be
maintained with firmness, but with no more restriction [and force] than is
necessary for safe custody of the juvenile and maintenance of peace and order
within [the Borstal] institution.
20. No, stigmatization. – No juvenile shall be stigmatized in any of the
matter relating to arrest, inquiry, Court proceedings, prosecution, probation
and conviction unless specifically authorized by the [juvenile] court.
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Default 3. Balochistan Juvenile Justice Rules, 2002.

Balochistan Juvenile Justice Rules, 2002.
Dated Quetta, the 26th February, 2002.
NOTIFICATION
No. SO(Judl5(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,
namely
PART I
PRELIMINARY
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.
2. Definitions:
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
1898);
(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
Province.
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).
PART –II
POWERS AND PROCEDURE
OF JUVENILE COURTS
4. Procedure of Juvenile Courts;
A Juvenile Court shall take all necessary steps to protect the rights of
Juvenile.
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.
PART –III
ARREST, PRODUCTION AND BAIL
6. 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
PROBATION
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
necessary.

PART –V
INSTITUTIONAL TREATMENT
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
entries, state
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
prison.
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
community.
(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
needs it.
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
institution.
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
proper supervision.
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
honest livelihood.
(3) The services of Juveniles may be utilized by the work of
architecture also.
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
imparted.
(3) A spacious playground shall be provided in every Brutal
Institution.
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
development.
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
institutional discipline.
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.
PART VI
MISCELLANIES
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
these Rules.

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
duly observed.
(2) The result of each visit and inspection made shall be
recorded to the visitors book maintained at the institution.
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Default 4. Juvenile Justice (NWFP)

GOVERNMENT OF N.W.F.P
HOME AND TRIBAL AFFAIRS DEPARTMENT
NOTIFICATION
Dated Peshawar the 9th May 2002
No.SO(Prisons)HD/4-63/2002. In exercise of the powers
conferred by section 15 of the Juvenile Justice System
Ordinance,2000 (Ord.No.XXII of 2000), Government of the
North-West frontier Province is pleased to make the following
rules:-
PART-I
PRELIMINAERY
1) Short Title And Commencement: (1) These rules may
be called the North-West Frontier Province Juvenile
Justice System Rules, 2002.
(2) They shall come into force at once.
(3) They shall extend to the whole of the North-
West Frontier Province.
2) Definitions: (1) In these rules, unless there is
something repugnant to the subject or context:-
(a) “Government” means the Government of the North-
West
Frontier Province;
(b) “Incharge” means Incharge of a borstal Institution
appointed
by Government.
(c) “inmate” mweans all those Juveniles who are placed
and detained in the borstal Institution.
(d) “Juvenile” means a person who at the time of
commission of an offence has no attained the age of
eighteen years and includes a child and a youthful
offender, and

(e) “Province” means the North-West Frontier Province.
3) Legal Assistance --- (1) Where it appears to Juvenile Court that a
legal practitioner appointed by the state is not competent or
diligent, the Court mat direct to engage any other legal practitioner
at the expense of State.
(2) A panel of legal practitioners shall be constitute by the
Sessions Judge for the purpose of legal assistance at the
expense of the State wherein a legal practitioner shall
not be appointed for more than two cases of Juveniles
at a time.
(3) The legal practitioner, appointed to defend the case of
Juvenile shall be entitled to receive a fee determined by
the Session Judge, subject to minimum payment of
Rs.5000 and shall not exceed to Rs.10,000.
(4) The cases of Juveniles shall not be dealt by the same
legal practitioner again and again at the expense of Sate
unless otherwise, asked by the Juvenile Court.
PART-II
INSTITUTIONAL TREATMENT
4) Establishment of Borstal Institutions .… (1) Government shall
establish an minimum a borstal Institution in at least every District of the
Province to keep an accommodate Juveniles in such borstal Institution as soon
as possible under these rules:-
(2) All arrangements relating to Juveniles education & training for
the mental, moral and psychological development shall be provided within
such borstal Institution.
5) Accommodation For Juveniles …. (1) The borstal Institution shall
provide for accommodation to the Juveniles with reasonable facilities such as
sanitary, toilets, bathrooms.
2) The Juveniles shall be provided, if possible with cellular
accommodation for the purposes of separation of inmates at night.

6) Juveniles To Be Sent Borstal Institution…. If the Juvenile Court
thinks that the Juvenile has to be sent to a borstal Institution, it may make an
order directing the Juvenile delinquent to be sent to be borstal Institution until
he or she attains the age of 19yrs or for the period of imprisonment which ever
is earlier.
7) Juveniles To Be Admitted in Borstal Institution….. (1) No Juvenile
shall be admitted into a borstal Institution, expect under a lawful order issued
by a Juvenile Court, addressed to Incharge of borstal Institution to admit such
Juvenile in the borstal Institution.
2) On admission to a borstal Institution, the Incharge. Shall be
responsible to receive the Juvenile delinquents, and shall
maintain a register to record all requisite information about
each inmate such as his/ her name, parentage, complete
address, education, section of law under which he/she is
convicted, First Information Report number, name of people
station where the First Information Report has been lodged,
address of the court concerned,, date of production in court, if
any, and the term of detention.
3) On admission to a borstal Institution every Juvenile shall be
examined by District Health Officer, who shall record age,
eight, height, identification marks and shall maintain or cause
to be maintained a health report of every inmate.
4) On admission to borstal Institution, a female shall be dealt by
only female staff in all related matters.
8) Thorough Search Of Every Juvenile…. (1) On admission in a borstal
Institution every inmate shall be thoroughly searched.
2) No inmate shall be allowed to keep any article, the keeping
whereof is prohibited under any law or rule for the time being enforce.
9) Transfer of Juveniles…… All Juveniles order to be detained under
any of the laws pertaining to Juveniles shall immediately be transferred to a
borstal Institution.
10) Detention Of Female Juveniles…… (1) Female Juveniles shall be
detained in separate enclosure of the borstal Institution exclusively
established for this purpose.

2) In case there is no such enclosure, they shall be immediately
transferred to any care home as ordered by the court.
3) Female Juveniles, shall in no case be kept in a police lockup or
prison.
11) Facility Of Meeting For Juveniles……. (1) Every Juvenile shall be
allowed reasonable facilities for seeing or communicating with his or her
relatives, friends and legal advisor in connection with judicious matters or
family affairs and shall be allowed to have meetings with them at least twice
week.
12) Release Of Juveniles…….. (1) On receipt of written order from the
Juvenile Court, the Juvenile shall be immediately released from the legal
custody after due satisfaction into the validity of the release order.
2) On release of every Juvenile, he or she shall be provided with a
certificate by the Incharge of a borstal Institution which may be
helpful in his or her adjustment in the society.
13) Health, Hygiene And Medical Care……… (1) The medical file of
every inmate shall be maintained in the each institution, alongwith pervious
medical history.
2) There shall be regular medical checkup of the inmates after
every three months and inmates shall be advised to maintain
proper health and hygiene by the District Health Officer.
3) All types of medical tests, as and when required, shall be
arranged inside the borstal Institution.
4) Cases of patients Tuberculosis, Asthma, Chronic, Bronchitis,
Hepatitis, B & C, Hiv/Aids +, Cancer, Epilepsy, Leprosy ad
any other serious disease shall be forwarded to the Juvenile
Court for bail etc., by the Incharge of the borstal Institution
alongwith latest medical report.
5) Less serious patients may be treated in isolation or in hospital
of the borstal Institution.
14) Moral Treatment …… (1) All Juveniles shall be given careful
individual attention in order to develop their conduct, moral attitudes and
discipline.

2) The treatment programmes shall be arranged through religious
institutions, education upto high school level and industrial /
vocational, technical training under proper supervision.
15) Teaching Training ……… (1) An inmate shall be encouraged to pick
up the training of his or her choice shall be given the choice of any of the
industries taught in the institution compatible with his or her profession,
preference or other circumstances s for as possible.
2) If inmate shows no special inclination or aptitudes, the head of
the borstal Institution may decide the industry where inmate
should be taught, giving full consideration to his or her
hereditary calling and which he or she may follow after release
to enable him or her to have respectable livelihood.
3) The services of Juveniles may be utilized in the work of
architecture also.
16) Physical Training Sports and Recreation …….. (1) Physical drill,
gymnastics, indoor & outdoor games and training in scouting shall be
provided for all inmates.
2) Instructions in first-aid and sanitation shall be regularly
imparted.
3) A spacious playground shall be provided in every borstal
Institution.
17) Psychological Development Of Juveniles …. (1) All possible tax
shall be taken to improve the mental caliber of the inmates and in this
connection their natural instincts and skills shall be developed and promoted.
2) Inmates shall not be allowed to waste his or her time
unnecessary within the borstal Institution.
3) Inmates shall be encouraged to play their role, both individually
and collectively, in the area of national reconstruction and
development.
18) Complaints And Requests by Inmates ……… (1) Each & every
complaint and request made by Juvenile shall be properly attended by the
Incharge of borstal Institution and every grievance shall be redressed within
the shortest possible time.

2) A false and malingering report made by a inmate may whoever,
be discouraged for the sake of maintenance of institutional
discipline.
19) Discipline in the borstal Institution……. Discipline & Order shall
be maintained with firmness, but with no more restriction than is necessary
for safe custody and maintenance of peace and other within the borstal
Institution.
20) NO Stigmatization ………. (1) No inmate shall be stigmatized in any
of the matters relating to arrest, inquiry, court proceedings, prosecution,
probation and conviction unless specifically authorised by the court.
Secretary to Government of N.W.F.P
Home and Tribal Affairs Department
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Default 5. Punjab Juvenile Justice Rules, 2002

PUNJAB JUVENILE JUSTICE RULES, 2002
NO.SO(R&P)10-38/85 Vol-III. – In exercise of the powers conferred
by Section 15 of the Juvenile Justice System Ordinance 2000 (XXII of 2000),
the Government of the Punjab is pleased to make the following rules:
PART – I
PRELIMINARY
1. Short title and commencement (1) These rules may be called the
Juvenile Justice Rules, 2002.
(2) They shall come into force at once.
2. Definitions. – (1) In these rules, there is something repugnant to the
subject or context:
(a) “Incharge” means a person appointed by the Provincial
Government as incharge of a borstal institution;
(b) “Inmate” means all those juveniles who are placed and detained in
the borstal Iinstitution;
(c) “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; and
(d) “Probation Officer” means a person appointed by Provincial
Government to perform the function of Probation Officer in the
Reclamation & Probation Department under the Probation of
Offenders Ordinance, 1960 (XLV of 1960) and under the Juvenile
Justice System Ordinance 2000 (XXII of 2000).
(2) “Words and expressions” used but not defined in these rules shall
have the same meanings as assigned to them in the respective laws.
3. Legal Assistance. – (1) Where it appears to a juvenile court that a
legal practitioner appointed by State is not competent or diligent, the court
may direct that any other legal practitioner be engaged at the expense of State.
(2) A panel of legal practitioners shall be constituted by the Sessions
Judge, for the purpose of legal assistance at the expense of the state but a legal
practitioners shall not be appointed for more than two cases of juveniles at a
time.

(3) The legal practitioner, appointed to defend the case of juvenile,
shall be entitled to receive a fee to be determined by the Sessions Judge but it
shall not be less than five thousand rupees and more than ten thousand rupees.
PART – II
INSTITUTIONAL TREATMENT
4. Establishment of borstal institutions.- (1) The Provincial
Government shall establish and maintain borstal at least one in every district
of the province to keep and accommodation juveniles in such borstal
institution.
(2) All arrangements relating to education and training for their mental,
moral and psychological development shall provided within borstal institution.
5. Accommodation for juveniles. – (1) The bostal institution shall
provide accommodation to the juveniles with reasonable facilities such as
sanitary, toilets and bath rooms.
(2) The juveniles shall be provided, if possible, with cellular
accommodation for the purposes of separation of inmates at night.
6. 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, having jurisdiction, addressed to Incharge of borstal
institution.
(2) On admission to a borstal institution, the Incharge, responsible to
receive the juvenile delinquents, shall record all requisite information about
each inmate such as name, parentage complete address, education, section of
law, first information report number, police station, address of the court
concerned, date of production in court, if any, and the term of detention.
(3) On admission to a borstal institution, every juvenile shall be
examined by District Health Officer, who shall record age, weight,
identification marks and health report of every inmate.
(4) The District Health officer shall take appropriate steps for treatment
of sick inmates.
(5) On admission to borstal institution, a female juvenile shall be dealt
by only female staff in all related matters.
7. Thorough search of every juvenile.- (1) On admission to a borstal
institution, every juvenile shall be thoroughly searched.
(2) No person shall be allowed to keep any prohibited article as
explained in any law or rule for the time being in force.

8. Transfer of juveniles. – All juveniles ordered to be detained under
any of the laws pertaining to juveniles, shall be immediately transferred to the
borstal institution.
9. Detention of female juveniles. – (1) Female juveniles shall be
detained in separate enclosure of the borstal institution exclusively established
for this purpose.
(2) In case there is no such enclosure, they shall be immediately
transferred to any care home as ordered by the court.
(3) Female juveniles shall is no case be kept in a police lock up or
prison.
10. Facility of meeting for juveniles. – (1) Every juvenile shall be
allowed reasonable facilities for seeing or communicating with his or other
relatives, friends and legal adviser in connection with judicious matters or
family affairs and shall be allowed to meet them at least twice a week.
11. Release of juveniles. – (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 the release order.
(2) On release of every juvenile, he or she shall be provided with a
certificate by the Incharge of the institution which may be helpful in
adjustment in the society.
(3) Government may at any time for reasons to be recorded in writing,
order a juvenile to be discharged from a Borstal Institution or released from
the custody of fit person either absolutely or on such conditions as
Government deems appropriate.
12. Health, hygiene and medical care. – (1) Medical file of every inmate
shall be maintained in each institution alongwith previous medical history.
(2) There shall be regular medical check up of the inmates after every
three months and inmates shall be advised by the District Officer to maintain
proper Health and Hygiene.
(3) All types of medical tests shall be arranged inside the institution.
(4) Cases of patients of Tuberculosis, Asthma, Chronic Bronchitis,
Hepatitis B&C, HIV/AIDS+, Cancer, Epilepsy, Leprosy and any other serious
disease shall be forwarded to the juvenile court for bail etc. by the Incharge of
the “institution alongwith latest medical reports.
(5) Less serious patients may be teated in isolation or in hospital of the
institution.

13. Moral Treatment. – (1) All juveniles shall be given careful individual
attention in order to develop their conduct, moral attitudes and discipline.
(2) The treatment programmes shall be arranged through religious
instructions, education upto high school level and
industrial/vocational/technical training under proper supervision.
14. Technical training. – (1) an inmate shall be encouraged to pick up the
training of his or her choice and shall be given the choice of any of the
industries taught in the institution compatible with his or her profession,
preference 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 where inmate should be taught giving
full consideration to his or her hereditary calling and which he or she may
follow after release to enable him or her to have respectable livelihood.
(3) The services of juveniles may be utilized in the work of
architecture also.
15. Physical training sports and recreation. – (1) Physical drill,
gymnastics, indoor and outdoor games and training scouting shall be imparted
to all inmates.
(2) Instructions in first-aid and sanitation shall be regularly given.
(3) A spacious playground shall be provided in every borstal
institution.
16. Psychological development of juveniles. – (1) All possible steps shall
be taken to improve the mental caliber of the juveniles and in this connection,
their natural instincts and skills shall be developed and promoted.
(2) Juveniles shall not be allowed to waste his or her time
unnecessarily within the institution.
(3) Juveniles shall be encouraged to play their role, both individually
and collectively, in the area of national reconstruction and development.
17. Complaints and requests by juveniles. – (1) Each and every
complaint and request made by the juveniles shall be properly attended by the
Incahrge of borstal institution and every grievance be redressed within the
shortest possible time.
(2) A false and malingering report made by the juvenile may, however,
be discouraged for the sake of maintenance of institutional discipline.
18. Discipline and punishment. – (1) Discipline and order shall be
maintained with firmness, but no more restriction than is necessary for safe

custody and maintenance of peace and order within institution shall be
maintained with firmness.
19. No stigmatization. – (1) 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.
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Default 6. Sindh Juvenile Justice Rules, 2002

SINDH JUVENILE JUSTICE RULES, 2002
No.VIII(7)SOJ/2000, dated 27.5.2002. – In exercise of the powers conferred
by Section 15 of the Juvenile Justice System Ordinance, 2000, the
Government of Sindh are pleased to make the following rules: -
PART 1 – PRELIMINARY
1. Short title and commencement. – (1) These rules may be called the
Sindh Juvenile Justice Rules, 2002.
(2) They shall come into force at once.
(3) They shall extend to the whole of the Province of Sindh.
2. Definition. – (1) In these rules, unless there is anything repugnant in
the subject or context:-
(a) “Government” means the Government of Sindh;
(b) “Incharge” means the person appointed as Incharge of an
institution;
(c) “Inmate” means a child admitted to and detained in a borstal
institution;
(d) “Ordinance” means the Juvenile Justice System Ordinance,
2000;
(e) “Section” means a section of the Ordinance;
(2) “Words and expressions” used but not defined herein shall have
the same meanings as assigned to them in the Ordinance.
3. Legal Assistance. (1) Where it appears to a Juvenile Court that a legal
practitioner appointed under section 3 is not competent or is not providing
legal assistance properly, the court may direct to engage another legal
practitioner in his place.
(2) A panel of legal practitioners shall be constituted by the
Sessions Judge for providing legal assistance to the child offender but no legal
practitioner shall be appointed for more than two cases at a time.
(3) The legal practitioner shall be entitled to receive such fee as
may be determined by the Sessions Judge but such fee shall not be less than
five thousand rupees and more than ten thousand rupees.

PART II – INSTITUTIONAL TREATMNET
4. Establishment of Borstal Institution. – (1) Government shall
establish and maintain at least one borstal institution in every district.
(2) The necessary arrangements for providing education and
training to the inmates for their mental, moral and psychological development
shall be made in every borstal institution.
5. Accommodation for Juveniles. – (1) Every borstal institution shall
provide preferably, celluar accommodation to the inmates with facilities such
as sanitary, toilets and bathrooms.
6. Juveniles to be admitted in borstal institution. (1) No child offender
shall be admitted to a borstal institution except under the order of a Juvenile
Court.
(2) The Incharge, responsible to receive the child offender shall record
all information about him such as name, parentage, complete address,
education, details of First Information Report with police station, address of
the Court concerned, date of production in Court, if any.
(3) On admission, every child offender shall be searched and the record
of the articles received from him shall be properly maintained.
(4) No person shall keep in a borstal institution any type of tobacco,
cigarettes, gutka, supari, pan mixed with narcotics material, naswar, lighter,
match boxes, bettle leaves including any chewable material and herbs causing
unconsciousness or as otherwise detrimental to the health of the inmates.
7. Detention of female Juvenile. – (1) A female child offender shall be
detained in a separate enclosure of the borstal institution exclusively
established for the purpose and where there is no such enclosure the matter
shall be reported to the concerned Curt for transfer of such child offender to
any care home.
(2) No female child offender shall be kept in a police lock-up or
prison.
8. Medical record of the inmate. – (1) Every inmate shall be examined
by the Chief Medical Officer or Medical Officer of the borstal institution who
shall record age, weight height, identification marks and health report of every
inmate.
(2) The Medical Superintendent or the Civil Surgeon of the District
Headquarters Hospital shall be visiting the borstal institution at least once in a
month for supervising the health condition and the medical record of the
inmates and take appropriate steps for treatment of sick inmates.

(3) A female inmate shall be treated by the female Medical Officer and
female staff in all related matters.
9. Health, Hygiene and Medical care. – (1) A medical file of every
inmate shall be maintained in the borstal institution alongwith its previous
medical history, if any.
(2) There shall be regular medical check up of the inmates after every
three months and the inmates shall be advised to maintain proper health and
hygiene by the medical Superintendent or Civil Surgeon of the District
Headquarters Hospital.
(3) All medical test of an inmate shall be arranged inside the borstal
institution and if the arrangements do not exist in the borstal institution, test
shall be got carried out from the Hospital or Health Unit approved by the
Government.
(4) The specialized or emergency treatment on the advice of the
medical consultant/specialist of the District Headquarter Hospital approved or
Health Unit shall be provided to an inmate at the Hospital or Health Unit
where such treatment, investigations and expert consultancy is available.
(5) The cases of the inmates suffering from tuberculosis, asthma,
chronic bronchitis, hepatitis B & C HIV/AIDST + Cancer Epilepsy, Leprosy
and any other serious diseases shall be reported to the Juvenile Court
alongwith latest medical reports for such orders as deemed fit.
(6) The other cases may be treated in isolation or in the hospital of the
borstal institution.
10. Facility of meeting for juveniles. – (1) Every inmate shall be allowed
at least twice a week meeting with his legal adviser in connection with the
Judicial proceedings against him and his friends, relatives or family.
(2) (a) Not more than six persons for one hour shall be allowed to
visit an inmate under the supervision of an Assistant
Superintendent.
(b) Ordinarily interviews shall be allowed in the rooms meant for
interviews but the Incharge for sufficient reasons if considered
necessary may allow interviews inside office block if the
conduct of the inmate is good.
(c) In case of interview of female inmate; a maroon shall be
present to supervise and watch the interview.
(d) The interviewers shall be thoroughly searched at the main gate
while the inmate shall be searched before bringing him, at the
place of interview.

11. Transfer of Juvenile. - (1) No inmate shall be transferred from the
borstal institution to any other institution or place except with the permission
of the Court which had ordered his detention in the borstal institution.
12. Release of Juveniles. – (1) On receipt of written release order from the
Juvenile Court, the inmate shall be immediately released from the custody
after due satisfaction of the validity of the release order.
13. Moral treatment. – (1) All inmates shall be given careful individual
attention in order to develop their conduct, moral attitude and discipline.
(2) The treatment programmes shall be arranged through religious
instructions, education upto high school level and
industrial/vocational/technical training under proper supervision.
(3) All Muslim inmates shall be provided facility for prayers in their
cells/barracks, but Zohar & Asr prayers may be permitted in congregation in
the mosque of the borstal institution subject to security risk for the safety of
the inmates.
14. Technical training. – (1) An inmate shall be encouraged to pick up
the industries taught in the borstal institution compatible with his profession,
preference 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 the inmate should be taught
giving full consideration to his hereditary calling and which he may follow
after release to enable him to have respectable livelihood.
(3) The inmates may be admitted to the discipline architecture.
(4) An inmate shall be permitted to learn various skills and
manufacture articles of approved trades by formal approval of the Incharge.
(5) The manufactured articles shall be put to sale in the market through
the Incharge.
15. Physical training, Sports and Recreation. – (1) The inmates shall be
provided with physical drill, gymnastics, indoor and outdoor games and
training in scouting.
(2) The inmates shall be imparted instructions in first-aid and
sanitation.
(3) A spacious playground shall be provided in every borstal
institution.
16. (1) All possible steps shall be taken to improve the mental caliber of
the inmates and in this connection, their natural instincts and skills shall be
developed and promoted.

(2) No inmate shall be allowed to waste his time within the borstal
institution.
(3) The inmates shall be encouraged to play their role, both
individually and collectively, in the area of national reconstruction and
development.
17. Complaints and request by juveniles. – (1) Each and every
complaint and request made by an inmate shall be properly attended by the
Incharge and grievance shall as far as possible be redressed within the shortest
possible time.
(2) A false and malingering report made by an inmate shall be
discouraged for the sake of maintenance of discipline.
18. Discipline and punishment. – (1) Discipline and order shall be
maintained with firmness, but with no more restriction than is necessary for
safe custody and maintenance of peace and order in the borstal institution.
(2) The inmates on committing jail offence shall be punished with
minor penalty/penalties as provided in the Pakistan Prison Rules, by the
Incharge.
19. No stigmatization. – (1) No inmate shall be stigmatized in any matter
relating to arrest, inquiry, court proceedings, prosecution and conviction
unless specifically authorized by the court.
20. Diet. – (1) An inmate shall be provided with diet at State expenses but
on request he may be permitted to arrange diet at his own expenses.
(2) The diet menu shall be as follows:-
(i) Morning meals:
(a) Tea (Medium quality)
(b) Milk or Milk Powder
(c) Sugar or Gur
(d) Wheat flour
(ii) Mid Day meals:
(a) Wheat flour 230 grams
(b) Dal/Pulse 40 grams
(c) Vegetable 60 grams
(d) Salt 07 grams
(e) Vegetable Ghee 15 grams

(f) Chilies 1.16 grams
(g) Turmeric 0.50 grams
(h) Onions 20 grams
(i) Garlic 01 grams
(j) Tomato 10 grams
(iii) Evening Meals:
(a) Wheat flour 230 grams
(b) Dal/Pulse 40 grams
(c) Vegetable 60 grams
(d) Salt 07 grams
(e) Vegetable Ghee 15 grams
(f) Chilies 1.16 grams
(g) Turmeric 0.50 grams
(h) Onions 20 grams
(i) Garlic 01 grams
(j) Tomato 10 grams
Note:- Dal/Pulse of same kind shall not be issued at two consecutive
meals. Beef without bones at the scale of 100 grams per head per meal shall be
issued twice in a week in lieu of Dal/Pulse. Beef and Vegetable shall be
cooked as one dish. Potatoes instead of beef shall be issued to Hindu and Sikh
inmates. On alternate Friday every prisoner shall be provided with either
Plauo or Sweet Rice in lieu of Mid-day or Evening meals. The scale of times
of Plauo or Sweet Rice is given blelow: -
Plauo:
(a) Rice 235 grams
(b) Beef 60 grams
(c) Vegetable Ghee 25 grams
(d) Chilies 1.5 grams
(e) Onion 10 grams
(f) Alaichi Kalan 1.15 grams
(g) Zeera 1.15 grams
(h) Darchini 1.15 grams
(i) Tomatoes 10 grams
(j) Adark 1 gram
(k) Garlic 1 gram

Sweets Rice:
(a) Rice 235 grams
(b) Gur or 220 grams
(c) Sugar 160 grams
(d) Vegetable Ghee 25 grams
(e) Onions 3 grams
(f) Alaichi (small) 0.50 gram
(g) Dry Coconuts 1 gram
(h) Dry grapes 1 gram
Note: - (i) Meals on Eid-ul-Fittar and Eid-ul-Azha shal be the same as
mentioned in the Pakistan Prison Rules.
(ii) Sick diet of patient inmates shall be prescribed by the Chief
Medical Officer of the institute or the Medical Superintendent or Civil
Surgeon or the Consultant of the District Headquarters Hospital or the
approved Health Unit.
21. Production before court. – (1) The production of inmates before the
competent
court shall be arranged by the Incharge through jail staff at any other place
through police escort arranged from local police headquarters.
(2) The Incharge of the Police escort shall not be below the rank of
A.S.I.
(3) In case of female inmates, female police escort shall be detailed
but for security reasons male staff shall be detailed under the charge of the
female Incharge of the escort.
22. Production in Hospitals.- The amounts of the inmates for medical
treatment and investigation in and outside jail hospital shall be governed by
rules.
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Old Sunday, November 16, 2008
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Default 6. Sindh Juvenile Justice Rules, 2002

SINDH JUVENILE JUSTICE RULES, 2002
No.VIII(7)SOJ/2000, dated 27.5.2002. – In exercise of the powers conferred
by Section 15 of the Juvenile Justice System Ordinance, 2000, the
Government of Sindh are pleased to make the following rules: -
PART 1 – PRELIMINARY
1. Short title and commencement. – (1) These rules may be called the
Sindh Juvenile Justice Rules, 2002.
(2) They shall come into force at once.
(3) They shall extend to the whole of the Province of Sindh.
2. Definition. – (1) In these rules, unless there is anything repugnant in
the subject or context:-
(a) “Government” means the Government of Sindh;
(b) “Incharge” means the person appointed as Incharge of an
institution;
(c) “Inmate” means a child admitted to and detained in a borstal
institution;
(d) “Ordinance” means the Juvenile Justice System Ordinance,
2000;
(e) “Section” means a section of the Ordinance;
(2) “Words and expressions” used but not defined herein shall have
the same meanings as assigned to them in the Ordinance.
3. Legal Assistance. (1) Where it appears to a Juvenile Court that a legal
practitioner appointed under section 3 is not competent or is not providing
legal assistance properly, the court may direct to engage another legal
practitioner in his place.
(2) A panel of legal practitioners shall be constituted by the
Sessions Judge for providing legal assistance to the child offender but no legal
practitioner shall be appointed for more than two cases at a time.
(3) The legal practitioner shall be entitled to receive such fee as
may be determined by the Sessions Judge but such fee shall not be less than
five thousand rupees and more than ten thousand rupees.

PART II – INSTITUTIONAL TREATMNET
4. Establishment of Borstal Institution. – (1) Government shall
establish and maintain at least one borstal institution in every district.
(2) The necessary arrangements for providing education and
training to the inmates for their mental, moral and psychological development
shall be made in every borstal institution.
5. Accommodation for Juveniles. – (1) Every borstal institution shall
provide preferably, celluar accommodation to the inmates with facilities such
as sanitary, toilets and bathrooms.
6. Juveniles to be admitted in borstal institution. (1) No child offender
shall be admitted to a borstal institution except under the order of a Juvenile
Court.
(2) The Incharge, responsible to receive the child offender shall record
all information about him such as name, parentage, complete address,
education, details of First Information Report with police station, address of
the Court concerned, date of production in Court, if any.
(3) On admission, every child offender shall be searched and the record
of the articles received from him shall be properly maintained.
(4) No person shall keep in a borstal institution any type of tobacco,
cigarettes, gutka, supari, pan mixed with narcotics material, naswar, lighter,
match boxes, bettle leaves including any chewable material and herbs causing
unconsciousness or as otherwise detrimental to the health of the inmates.
7. Detention of female Juvenile. – (1) A female child offender shall be
detained in a separate enclosure of the borstal institution exclusively
established for the purpose and where there is no such enclosure the matter
shall be reported to the concerned Curt for transfer of such child offender to
any care home.
(2) No female child offender shall be kept in a police lock-up or
prison.
8. Medical record of the inmate. – (1) Every inmate shall be examined
by the Chief Medical Officer or Medical Officer of the borstal institution who
shall record age, weight height, identification marks and health report of every
inmate.
(2) The Medical Superintendent or the Civil Surgeon of the District
Headquarters Hospital shall be visiting the borstal institution at least once in a
month for supervising the health condition and the medical record of the
inmates and take appropriate steps for treatment of sick inmates.

(3) A female inmate shall be treated by the female Medical Officer and
female staff in all related matters.
9. Health, Hygiene and Medical care. – (1) A medical file of every
inmate shall be maintained in the borstal institution alongwith its previous
medical history, if any.
(2) There shall be regular medical check up of the inmates after every
three months and the inmates shall be advised to maintain proper health and
hygiene by the medical Superintendent or Civil Surgeon of the District
Headquarters Hospital.
(3) All medical test of an inmate shall be arranged inside the borstal
institution and if the arrangements do not exist in the borstal institution, test
shall be got carried out from the Hospital or Health Unit approved by the
Government.
(4) The specialized or emergency treatment on the advice of the
medical consultant/specialist of the District Headquarter Hospital approved or
Health Unit shall be provided to an inmate at the Hospital or Health Unit
where such treatment, investigations and expert consultancy is available.
(5) The cases of the inmates suffering from tuberculosis, asthma,
chronic bronchitis, hepatitis B & C HIV/AIDST + Cancer Epilepsy, Leprosy
and any other serious diseases shall be reported to the Juvenile Court
alongwith latest medical reports for such orders as deemed fit.
(6) The other cases may be treated in isolation or in the hospital of the
borstal institution.
10. Facility of meeting for juveniles. – (1) Every inmate shall be allowed
at least twice a week meeting with his legal adviser in connection with the
Judicial proceedings against him and his friends, relatives or family.
(2) (a) Not more than six persons for one hour shall be allowed to
visit an inmate under the supervision of an Assistant
Superintendent.
(b) Ordinarily interviews shall be allowed in the rooms meant for
interviews but the Incharge for sufficient reasons if considered
necessary may allow interviews inside office block if the
conduct of the inmate is good.
(c) In case of interview of female inmate; a maroon shall be
present to supervise and watch the interview.
(d) The interviewers shall be thoroughly searched at the main gate
while the inmate shall be searched before bringing him, at the
place of interview.

11. Transfer of Juvenile. - (1) No inmate shall be transferred from the
borstal institution to any other institution or place except with the permission
of the Court which had ordered his detention in the borstal institution.
12. Release of Juveniles. – (1) On receipt of written release order from the
Juvenile Court, the inmate shall be immediately released from the custody
after due satisfaction of the validity of the release order.
13. Moral treatment. – (1) All inmates shall be given careful individual
attention in order to develop their conduct, moral attitude and discipline.
(2) The treatment programmes shall be arranged through religious
instructions, education upto high school level and
industrial/vocational/technical training under proper supervision.
(3) All Muslim inmates shall be provided facility for prayers in their
cells/barracks, but Zohar & Asr prayers may be permitted in congregation in
the mosque of the borstal institution subject to security risk for the safety of
the inmates.
14. Technical training. – (1) An inmate shall be encouraged to pick up
the industries taught in the borstal institution compatible with his profession,
preference 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 the inmate should be taught
giving full consideration to his hereditary calling and which he may follow
after release to enable him to have respectable livelihood.
(3) The inmates may be admitted to the discipline architecture.
(4) An inmate shall be permitted to learn various skills and
manufacture articles of approved trades by formal approval of the Incharge.
(5) The manufactured articles shall be put to sale in the market through
the Incharge.
15. Physical training, Sports and Recreation. – (1) The inmates shall be
provided with physical drill, gymnastics, indoor and outdoor games and
training in scouting.
(2) The inmates shall be imparted instructions in first-aid and
sanitation.
(3) A spacious playground shall be provided in every borstal
institution.
16. (1) All possible steps shall be taken to improve the mental caliber of
the inmates and in this connection, their natural instincts and skills shall be
developed and promoted.

(2) No inmate shall be allowed to waste his time within the borstal
institution.
(3) The inmates shall be encouraged to play their role, both
individually and collectively, in the area of national reconstruction and
development.
17. Complaints and request by juveniles. – (1) Each and every
complaint and request made by an inmate shall be properly attended by the
Incharge and grievance shall as far as possible be redressed within the shortest
possible time.
(2) A false and malingering report made by an inmate shall be
discouraged for the sake of maintenance of discipline.
18. Discipline and punishment. – (1) Discipline and order shall be
maintained with firmness, but with no more restriction than is necessary for
safe custody and maintenance of peace and order in the borstal institution.
(2) The inmates on committing jail offence shall be punished with
minor penalty/penalties as provided in the Pakistan Prison Rules, by the
Incharge.
19. No stigmatization. – (1) No inmate shall be stigmatized in any matter
relating to arrest, inquiry, court proceedings, prosecution and conviction
unless specifically authorized by the court.
20. Diet. – (1) An inmate shall be provided with diet at State expenses but
on request he may be permitted to arrange diet at his own expenses.
(2) The diet menu shall be as follows:-
(i) Morning meals:
(a) Tea (Medium quality)
(b) Milk or Milk Powder
(c) Sugar or Gur
(d) Wheat flour
(ii) Mid Day meals:
(a) Wheat flour 230 grams
(b) Dal/Pulse 40 grams
(c) Vegetable 60 grams
(d) Salt 07 grams
(e) Vegetable Ghee 15 grams

(f) Chilies 1.16 grams
(g) Turmeric 0.50 grams
(h) Onions 20 grams
(i) Garlic 01 grams
(j) Tomato 10 grams
(iii) Evening Meals:
(a) Wheat flour 230 grams
(b) Dal/Pulse 40 grams
(c) Vegetable 60 grams
(d) Salt 07 grams
(e) Vegetable Ghee 15 grams
(f) Chilies 1.16 grams
(g) Turmeric 0.50 grams
(h) Onions 20 grams
(i) Garlic 01 grams
(j) Tomato 10 grams
Note:- Dal/Pulse of same kind shall not be issued at two consecutive
meals. Beef without bones at the scale of 100 grams per head per meal shall be
issued twice in a week in lieu of Dal/Pulse. Beef and Vegetable shall be
cooked as one dish. Potatoes instead of beef shall be issued to Hindu and Sikh
inmates. On alternate Friday every prisoner shall be provided with either
Plauo or Sweet Rice in lieu of Mid-day or Evening meals. The scale of times
of Plauo or Sweet Rice is given blelow: -
Plauo:
(a) Rice 235 grams
(b) Beef 60 grams
(c) Vegetable Ghee 25 grams
(d) Chilies 1.5 grams
(e) Onion 10 grams
(f) Alaichi Kalan 1.15 grams
(g) Zeera 1.15 grams
(h) Darchini 1.15 grams
(i) Tomatoes 10 grams
(j) Adark 1 gram
(k) Garlic 1 gram

Sweets Rice:
(a) Rice 235 grams
(b) Gur or 220 grams
(c) Sugar 160 grams
(d) Vegetable Ghee 25 grams
(e) Onions 3 grams
(f) Alaichi (small) 0.50 gram
(g) Dry Coconuts 1 gram
(h) Dry grapes 1 gram
Note: - (i) Meals on Eid-ul-Fittar and Eid-ul-Azha shal be the same as
mentioned in the Pakistan Prison Rules.
(ii) Sick diet of patient inmates shall be prescribed by the Chief
Medical Officer of the institute or the Medical Superintendent or Civil
Surgeon or the Consultant of the District Headquarters Hospital or the
approved Health Unit.
21. Production before court. – (1) The production of inmates before the
competent
court shall be arranged by the Incharge through jail staff at any other place
through police escort arranged from local police headquarters.
(2) The Incharge of the Police escort shall not be below the rank of
A.S.I.
(3) In case of female inmates, female police escort shall be detailed
but for security reasons male staff shall be detailed under the charge of the
female Incharge of the escort.
22. Production in Hospitals.- The amounts of the inmates for medical
treatment and investigation in and outside jail hospital shall be governed by
rules.
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  #9  
Old Sunday, November 16, 2008
Senior Member
 
Join Date: Mar 2008
Location: Islamabad
Posts: 104
Thanks: 10
Thanked 64 Times in 28 Posts
safdarmehmood is on a distinguished road
Default Sindh Juvenile Justice Rules

SINDH JUVENILE JUSTICE RULES, 2002
No.VIII(7)SOJ/2000, dated 27.5.2002. – In exercise of the powers conferred
by Section 15 of the Juvenile Justice System Ordinance, 2000, the
Government of Sindh are pleased to make the following rules: -
PART 1 – PRELIMINARY
1. Short title and commencement. – (1) These rules may be called the
Sindh Juvenile Justice Rules, 2002.
(2) They shall come into force at once.
(3) They shall extend to the whole of the Province of Sindh.
2. Definition. – (1) In these rules, unless there is anything repugnant in
the subject or context:-
(a) “Government” means the Government of Sindh;
(b) “Incharge” means the person appointed as Incharge of an
institution;
(c) “Inmate” means a child admitted to and detained in a borstal
institution;
(d) “Ordinance” means the Juvenile Justice System Ordinance,
2000;
(e) “Section” means a section of the Ordinance;
(2) “Words and expressions” used but not defined herein shall have
the same meanings as assigned to them in the Ordinance.
3. Legal Assistance. (1) Where it appears to a Juvenile Court that a legal
practitioner appointed under section 3 is not competent or is not providing
legal assistance properly, the court may direct to engage another legal
practitioner in his place.
(2) A panel of legal practitioners shall be constituted by the
Sessions Judge for providing legal assistance to the child offender but no legal
practitioner shall be appointed for more than two cases at a time.
(3) The legal practitioner shall be entitled to receive such fee as
may be determined by the Sessions Judge but such fee shall not be less than
five thousand rupees and more than ten thousand rupees.

PART II – INSTITUTIONAL TREATMNET
4. Establishment of Borstal Institution. – (1) Government shall
establish and maintain at least one borstal institution in every district.
(2) The necessary arrangements for providing education and
training to the inmates for their mental, moral and psychological development
shall be made in every borstal institution.
5. Accommodation for Juveniles. – (1) Every borstal institution shall
provide preferably, celluar accommodation to the inmates with facilities such
as sanitary, toilets and bathrooms.
6. Juveniles to be admitted in borstal institution. (1) No child offender
shall be admitted to a borstal institution except under the order of a Juvenile
Court.
(2) The Incharge, responsible to receive the child offender shall record
all information about him such as name, parentage, complete address,
education, details of First Information Report with police station, address of
the Court concerned, date of production in Court, if any.
(3) On admission, every child offender shall be searched and the record
of the articles received from him shall be properly maintained.
(4) No person shall keep in a borstal institution any type of tobacco,
cigarettes, gutka, supari, pan mixed with narcotics material, naswar, lighter,
match boxes, bettle leaves including any chewable material and herbs causing
unconsciousness or as otherwise detrimental to the health of the inmates.
7. Detention of female Juvenile. – (1) A female child offender shall be
detained in a separate enclosure of the borstal institution exclusively
established for the purpose and where there is no such enclosure the matter
shall be reported to the concerned Curt for transfer of such child offender to
any care home.
(2) No female child offender shall be kept in a police lock-up or
prison.
8. Medical record of the inmate. – (1) Every inmate shall be examined
by the Chief Medical Officer or Medical Officer of the borstal institution who
shall record age, weight height, identification marks and health report of every
inmate.
(2) The Medical Superintendent or the Civil Surgeon of the District
Headquarters Hospital shall be visiting the borstal institution at least once in a
month for supervising the health condition and the medical record of the
inmates and take appropriate steps for treatment of sick inmates.

(3) A female inmate shall be treated by the female Medical Officer and
female staff in all related matters.
9. Health, Hygiene and Medical care. – (1) A medical file of every
inmate shall be maintained in the borstal institution alongwith its previous
medical history, if any.
(2) There shall be regular medical check up of the inmates after every
three months and the inmates shall be advised to maintain proper health and
hygiene by the medical Superintendent or Civil Surgeon of the District
Headquarters Hospital.
(3) All medical test of an inmate shall be arranged inside the borstal
institution and if the arrangements do not exist in the borstal institution, test
shall be got carried out from the Hospital or Health Unit approved by the
Government.
(4) The specialized or emergency treatment on the advice of the
medical consultant/specialist of the District Headquarter Hospital approved or
Health Unit shall be provided to an inmate at the Hospital or Health Unit
where such treatment, investigations and expert consultancy is available.
(5) The cases of the inmates suffering from tuberculosis, asthma,
chronic bronchitis, hepatitis B & C HIV/AIDST + Cancer Epilepsy, Leprosy
and any other serious diseases shall be reported to the Juvenile Court
alongwith latest medical reports for such orders as deemed fit.
(6) The other cases may be treated in isolation or in the hospital of the
borstal institution.
10. Facility of meeting for juveniles. – (1) Every inmate shall be allowed
at least twice a week meeting with his legal adviser in connection with the
Judicial proceedings against him and his friends, relatives or family.
(2) (a) Not more than six persons for one hour shall be allowed to
visit an inmate under the supervision of an Assistant
Superintendent.
(b) Ordinarily interviews shall be allowed in the rooms meant for
interviews but the Incharge for sufficient reasons if considered
necessary may allow interviews inside office block if the
conduct of the inmate is good.
(c) In case of interview of female inmate; a maroon shall be
present to supervise and watch the interview.
(d) The interviewers shall be thoroughly searched at the main gate
while the inmate shall be searched before bringing him, at the
place of interview.

11. Transfer of Juvenile. - (1) No inmate shall be transferred from the
borstal institution to any other institution or place except with the permission
of the Court which had ordered his detention in the borstal institution.
12. Release of Juveniles. – (1) On receipt of written release order from the
Juvenile Court, the inmate shall be immediately released from the custody
after due satisfaction of the validity of the release order.
13. Moral treatment. – (1) All inmates shall be given careful individual
attention in order to develop their conduct, moral attitude and discipline.
(2) The treatment programmes shall be arranged through religious
instructions, education upto high school level and
industrial/vocational/technical training under proper supervision.
(3) All Muslim inmates shall be provided facility for prayers in their
cells/barracks, but Zohar & Asr prayers may be permitted in congregation in
the mosque of the borstal institution subject to security risk for the safety of
the inmates.
14. Technical training. – (1) An inmate shall be encouraged to pick up
the industries taught in the borstal institution compatible with his profession,
preference 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 the inmate should be taught
giving full consideration to his hereditary calling and which he may follow
after release to enable him to have respectable livelihood.
(3) The inmates may be admitted to the discipline architecture.
(4) An inmate shall be permitted to learn various skills and
manufacture articles of approved trades by formal approval of the Incharge.
(5) The manufactured articles shall be put to sale in the market through
the Incharge.
15. Physical training, Sports and Recreation. – (1) The inmates shall be
provided with physical drill, gymnastics, indoor and outdoor games and
training in scouting.
(2) The inmates shall be imparted instructions in first-aid and
sanitation.
(3) A spacious playground shall be provided in every borstal
institution.
16. (1) All possible steps shall be taken to improve the mental caliber of
the inmates and in this connection, their natural instincts and skills shall be
developed and promoted.

(2) No inmate shall be allowed to waste his time within the borstal
institution.
(3) The inmates shall be encouraged to play their role, both
individually and collectively, in the area of national reconstruction and
development.
17. Complaints and request by juveniles. – (1) Each and every
complaint and request made by an inmate shall be properly attended by the
Incharge and grievance shall as far as possible be redressed within the shortest
possible time.
(2) A false and malingering report made by an inmate shall be
discouraged for the sake of maintenance of discipline.
18. Discipline and punishment. – (1) Discipline and order shall be
maintained with firmness, but with no more restriction than is necessary for
safe custody and maintenance of peace and order in the borstal institution.
(2) The inmates on committing jail offence shall be punished with
minor penalty/penalties as provided in the Pakistan Prison Rules, by the
Incharge.
19. No stigmatization. – (1) No inmate shall be stigmatized in any matter
relating to arrest, inquiry, court proceedings, prosecution and conviction
unless specifically authorized by the court.
20. Diet. – (1) An inmate shall be provided with diet at State expenses but
on request he may be permitted to arrange diet at his own expenses.
(2) The diet menu shall be as follows:-
(i) Morning meals:
(a) Tea (Medium quality)
(b) Milk or Milk Powder
(c) Sugar or Gur
(d) Wheat flour
(ii) Mid Day meals:
(a) Wheat flour 230 grams
(b) Dal/Pulse 40 grams
(c) Vegetable 60 grams
(d) Salt 07 grams
(e) Vegetable Ghee 15 grams

(f) Chilies 1.16 grams
(g) Turmeric 0.50 grams
(h) Onions 20 grams
(i) Garlic 01 grams
(j) Tomato 10 grams
(iii) Evening Meals:
(a) Wheat flour 230 grams
(b) Dal/Pulse 40 grams
(c) Vegetable 60 grams
(d) Salt 07 grams
(e) Vegetable Ghee 15 grams
(f) Chilies 1.16 grams
(g) Turmeric 0.50 grams
(h) Onions 20 grams
(i) Garlic 01 grams
(j) Tomato 10 grams
Note:- Dal/Pulse of same kind shall not be issued at two consecutive
meals. Beef without bones at the scale of 100 grams per head per meal shall be
issued twice in a week in lieu of Dal/Pulse. Beef and Vegetable shall be
cooked as one dish. Potatoes instead of beef shall be issued to Hindu and Sikh
inmates. On alternate Friday every prisoner shall be provided with either
Plauo or Sweet Rice in lieu of Mid-day or Evening meals. The scale of times
of Plauo or Sweet Rice is given blelow: -
Plauo:
(a) Rice 235 grams
(b) Beef 60 grams
(c) Vegetable Ghee 25 grams
(d) Chilies 1.5 grams
(e) Onion 10 grams
(f) Alaichi Kalan 1.15 grams
(g) Zeera 1.15 grams
(h) Darchini 1.15 grams
(i) Tomatoes 10 grams
(j) Adark 1 gram
(k) Garlic 1 gram

Sweets Rice:
(a) Rice 235 grams
(b) Gur or 220 grams
(c) Sugar 160 grams
(d) Vegetable Ghee 25 grams
(e) Onions 3 grams
(f) Alaichi (small) 0.50 gram
(g) Dry Coconuts 1 gram
(h) Dry grapes 1 gram
Note: - (i) Meals on Eid-ul-Fittar and Eid-ul-Azha shal be the same as
mentioned in the Pakistan Prison Rules.
(ii) Sick diet of patient inmates shall be prescribed by the Chief
Medical Officer of the institute or the Medical Superintendent or Civil
Surgeon or the Consultant of the District Headquarters Hospital or the
approved Health Unit.
21. Production before court. – (1) The production of inmates before the
competent
court shall be arranged by the Incharge through jail staff at any other place
through police escort arranged from local police headquarters.
(2) The Incharge of the Police escort shall not be below the rank of
A.S.I.
(3) In case of female inmates, female police escort shall be detailed
but for security reasons male staff shall be detailed under the charge of the
female Incharge of the escort.
22. Production in Hospitals.- The amounts of the inmates for medical
treatment and investigation in and outside jail hospital shall be governed by
rules.
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Default 7. Prevention And Control Of Human Trafficking

PREVENTION AND CONTROL OF HUMAN TRAFFICKING
ORDINANCE, 2002
ORDINANCE LIX OF 2002
An Ordinance to prevent and control human trafficking.
[Gazette of Pakistan Extraordinary, Part-1, 3rd October, 2002]
F.No.2(1)/2002-Pub. dated 3-10-2002.---The following Ordinance
promulgated by the President is, hereby published for general information:---
Whereas the offences relating, to traffic in human beings are incompatible
with the dignity and worth of human being and endanger the welfare of the
individual, the family and the community;
And whereas it is expedient and necessary to provide effective measures to
prevent offences related to human trafficking and to protect and assist victims
of such trafficking;
And whereas, the President is satisfied that circumstances exist which render it
necessary to take immediate action.
Now, therefore, in pursuance of the Proclamation of Emergency of the
Fourteenth day of October, 1999, and the Provisional Constitution Order No.1
of 1999, read with, the Provisional Constitution (Amendment) Order No.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:--
1. Short title and commencement---(1) This Ordinance may be called the
Prevention and Control of Human Trafficking Ordinance, 2002.
(2) It extends to the whole of Pakistan
(3) It shall come into force at once
2. Definitions.--In this Ordinance, unless there is anything repugnant in the
subject or context,--
(a) "benefit" includes monetary profit, proceeds or payment in cash or in kind;
(b) "child means any- person who has not attained the age of eighteen years;
(c) "Code" means the Code of Criminal Procedure, 1898 (Act V of 1898);

(d) "coercion" means the use of force, violence, physical restraint, deception,
fraud or acts or circumstances not necessarily including physical force but
calculated to have the same effect, such as the credible threat of force or of
infliction of serious harm;
(e) "document" related to human trafficking includes a passport, a travel
document and any identification document used by law enforcement
authorities;
(f) "exploitative entertainment" means all activities in connection with human
sports or sexual practices or sex and related abusive practices;
(g) "Government" means the Federal Government;
(h) "human trafficking" means obtaining, securing, selling, purchasing,
recruiting, detaining, harbouring or receiving a person, notwithstanding his
implicit or explicit consent, by the use of coercion, kidnapping, abduction, or
by giving or receiving any payment or benefit, or sharing or receiving a share
for such person's subsequent transportation out of or into Pakistan by any
means . whatsoever for any of the purposes mentioned in section 3;
(i) "inhuman sports" include all sports involving, as a matter of normal course,
infliction of physical or mental injury on a person against his will, intention or
reasonable expectation;
(j) "organized criminal group" means a structured group of two or more
persons, existing for a period of time and acting in concert with the aim of
committing any offence, under this Ordinance, in order to obtain, directly or
indirectly, any financial or other material benefit and includes a person
knowingly receiving or disbursing benefits accruing from the commission of
any offence in relation to human trafficking by an organized criminal group;
and
(k) "victim" means the person who is the subject of or against whom any
offence under this Ordinance has been committed.
3. Punishment for human trafficking.--The human trafficking shall be
punishable as under:--
(i) Whoever knowingly plans or executes any such plan for human trafficking
into or out of Pakistan for the purpose of attaining any benefit, or for the
purpose of exploitative entertainment, slavery or forced labour or adoption in
or out of Pakistan shall be punishable with imprisonment which may extend to
seven years and shall also be liable to fine:
Provided that in case of an accused who, in addition to committing an
offence as aforesaid has also been guilty of kidnapping or abducting or any
attempt thereto in connection with such offence the imprisonment may extend
to ten years with fine:

Provided further that whoever plans to commit an offence under this
clause but has not as yet executed the same shall be punishable with a term of
imprisonment which may extend to five years and shall also be liable to fine.
(ii) Whoever knowingly provides, obtains or employs the labour or
services of a person by coercion, scheme, plan or method intended to make
such person believe that in the event of non-performance of such labour or
service, he or any other person may suffer from serious harm or physical
restraint or legal proceedings, shall be punishable with imprisonment which
may extend to seven years and shall also be liable to fine:
Provided that if the commission of the offence under this clause
involves , kidnapping or abduction or any attempt thereto, the term of
,imprisonment may extend to ten years with tine:
Provided further that payment of any remuneration in lieu of services
or labour of the victim shall, not be treated as a mitigating circumstance while
awarding the punishment.
(iii) Whoever knowingly purchases, sells; harbours, transports,
provides, detains or obtains. a child or a woman through coercion, kidnapping
or abduction, or by giving or receiving any benefit for trafficking him or her
into or out of Pakistan or with intention thereof, for the purpose of exploitative
entertainment by any person and has received or expects to receive some
benefit in lieu thereof shall be punishable with imprisonment which may
extend to ten years and shall also be liable to fine:
Provided' that if the commission of the offence under this clause
involves kidnapping or abduction or any attempt thereto of the victim the
term. of imprisonment may extend to fourteen years with fine: .
Provided further that plea, if any; taken by the biological parents of the
child shall not prejudice the commission of offence under this clause.
(iv) whoever knowingly takes, confiscates, possesses, conceals,
removes or destroys any document related to human trafficking in furtherance
of any offence committed under this Ordinance or to prevent or restrict or
attempt to present or restrict, without lawful authority, a person's liberty to
move or travel, shall be punishable with imprisonment which may extend to
seven years and shall also be liable to fine.
4. Offences committed by organized criminal groups.--Where an organized
criminal group is guilty of any offence under clauses (i), (ii), (iii) or (iv) of
section 3, the term of imprisonment for each member of such group involved
in the commission of such offence shall not be less than ten years
imprisonment and may extend to fourteen years where the purpose of
trafficking of a victim is exploitative entertainment and shall also be liable to
tine.

5. Repetition of commission of offences.--Whoever repeats the commission
of an offence under this Ordinance, the term of imprisonment may extend to
fourteen years and the offender shall also be liable to tine.
6. Compensation etc. to the victim.--The Court trying an offence under this
Ordinance may where appropriate direct:
(i) the competent Authorities of the Government, at any stage of the trial to
allow or extend the stay of the victim in Pakistan till such time, as the Court
deems necessary;
(ii) payment of compensation and expenses to the victim in accordance with
section 545 of the Code;
(iii) Government to make arrangements for the shelter, food and medical
treatment of victim being an unaccompanied child or a destitute woman.
7. Proceedings under the Ordinance to be in addition to and not in
derogation of any other law.--The proceedings under the Ordinance shall be
in addition to and not in derogation of any other proceedings initiated under
any other law for the time being in force.
8. Offences to be cognizable etc.-All offences under the Ordinance shall be
cognizable, non-bailable, and non-compoundable as construed by the Code.
9. Investigation.--Notwithstanding anything contained in the Code or any
other law for the time being in force, the investigation of the offences under
the Ordinance shall be carried out by only such persons or agencies as the
specially empowered by the Government in that behalf.
10. Cognizance of offences etc.-No Court inferior to that of a Magistrate of
the First Class shall try an offence punishable under this Ordinance.
(2) Notwithstanding anything contained in section 32 of the Code, it shall be
lawful for a Magistrate of the First Class to pass any sentence authorised by
this Ordinance.
11. Indemnity.--No suit, prosecution or any other legal proceedings shall lie
against the Government or any other person exercising any power or
performing any function under this Ordinance or the rules made thereunder for
anything done in good faith.

12. Power to make rules.--The Government may, by a notification in official
gazette, make rules to carry out the purposes of this Ordinance.
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