# asked to produce it

- **Citation:** C.L. No. 11/Vlll-a-16
- **Court:** Allahabad High Court
- **Decided:** 1988-08-10
- **Case number:** C.L. No. 11/Vlll-a-16
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/asked-to-produce-it-163425
- **Pages:** 2

## Text

271
documentary evidence on the point of age is readily available, the prosecution should be
asked to produce it.
C.L. No. 11/Vlll-a-16 dated 25th February, 1965

Under Rule 53 of General Rules (Criminal), 1957, Volume I, Presiding Officers
of the Criminal Courts are required to record, inter alia, the age of the accused persons
while examining them under section 342 (new section 313) of the Code of Criminal
Procedure. Recording of age is an important factor in awarding sentence and considering
the petition for mercy of a condemned prisoner and for remission of unexpired portion of
the sentence by the Government.
C.L. No. 69 dated 13th August, 1968

Sessions Judges and Magistrates should give their estimate of the ages of the
accused persons while recording their statements.
23.
CASES OF JUVENILE
C.L. No. 89 Admn. (A) dated 3rd April, 1977

While dealing with the cases of the child offenders, the provisions of the U.P.
Children Act, 1951 should be kept in view and acted upon by the courts concerned.
C.L. No 71/VII c-34 Admn. G dated 7th November, 1981

Government's Notification No. 3532/XXVI-2 55(P)/74 dated July 1981 empowers
the Sessions Courts of the districts where the provisions of the U.P. Children Act, 1951
are in force to act as Juvenile Courts and to try offences punishable with death or life
imprisonment.
C.L. No. 33/Admn. (G)VIIf-45 dated 13th May, 1986

It invites attention to the fact that the children below the age of sixteen years
should not be confined in jail and also to the directions given in this regard by the
Supreme Court in the case of Sheela Barse v. Union of India (Reported in AIR 1986 S.C.
1773).

The Supreme Court has been pleased to direct the District Judges in the country to
nominate the Chief Judicial Magistrate or any other Judicial Magistrate to visit the
District Jail and Sub-Jail in his District for the purpose of ascertaining how many children
below the age of 16 years are confined in jail; what are the offences in respect of which
they are charged; how many of them have been in detention whether in the same jail or
previously in any other jail before being brought to the jail in question; whether they have
been produced before the children's Court and if so, when and how many times; and
whether any legal assistance is provided to them.

The report shall also state as to whether there are any children's - Home, Remand
Home or Observation Homes for children within his District; and if there are any such
homes, he shall inspect them for the purpose of ascertaining as to1 what are the conditions

 Now Rule 50 vide notification no. 504/Vb-13 dated 5.11.83
 Now 1977 vide notification no. 504/Vb-13 dated 5.11.83
 Replaced by Section 63 of the Juvenile Justice Act, 1986.
272
in which children are kept there and whether facilities for education or vocational training
exist.
 Hon'ble the Supreme Court has further directed that the State Legal Aid & Advice Board
in each State or any other legal aid organization existing in the State concerned, to send
two lawyers to each jail within the State once in a week for the purpose of providing legal
assistance to children below the age of 16 years who are confined in the jails. District
Judges as Chairmen of the Legal Aid and Advice Committee of their Districts, should in
consultation with the Administrative Chairman of the Legal Aid and Advice Board, take
necessary steps to implement the aforesaid directions.

The Hon'ble Supreme Court has also observed that if there are other persons
confined in jails who are there merely because they are suffering from some handicap
(physical or otherwise) they should be released immediately and placed in appropriate
home or place where they can receive suitable medical assistance or other educational
training. Such persons shall also be medically examined in the home or place where they
are kept in order to determine what medical assistance is necessary to be provided to
them. District Judges should issue directions and take steps accordingly.
 (i)
Implementation of Juvenile Justice Act, 1986
C.L. No. 89/Admn.(A) dated 20th December, 1989
I am directed to send herewith a copy of Government Letter No. 3250/26-2/88/26
(P) 187, dated August 10, 1988, along with its enclosure, on the above subject, and to
request that the contents of the said Government letter and the enclosure, may kindly be
brought to the notice of all the concerned subordinate courts for their information and
guidance in the matter of disposal of cases of Juvenile offenders.
 (ii)
2-