Section 29
Procedures To Be Followed While Making Diversion
(1) One or more of the following appropriate procedures shall be followed while diverting a child, also having regard to his or her desire:
(a) To have reconciliation or understanding between the child and the victim,
(b) To make the child realize the mistake,
(c) To provide necessary counselling to the child and his or her family,
(d) To send the child to any community service,
(e) To send the child to any institution for his care and protection,
(f) To release the child on supervision and direction of the child welfare authority,
(g) To entrust the child to his or her father, mother or other family member or guardian,
(h) To make the child participate in any training or educational program.
(2) While diverting a child by adopting any procedure referred to in clauses (d), (e), (f), (g) and (h) of sub-section (1), the period shall also be fixed.
(3) While diverting a child by adopting the procedure referred to in clauses (d), (e), and (f) of sub-section (1), no diversion shall be made so that it exceeds the maximum term of punishment imposable for the commission of the offence.
(4) The investigating authority or government attorney shall, before diverting a child, obtain a report on study and analysis of physical and mental condition of the child by the child psychologist and child expert and economic, cultural condition and circumstances of the child by the social worker.
(5) The investigating authority, government attorney or Juvenile Court shall give the information about the diversion of the child pursuant to sub-section (1) to their respective higher office and Juvenile Court.
(6) If the child accused of an offence is diverted, such a dispute shall terminate, and its formal judicial proceeding shall be deemed to be concluded.
(7) The investigating authority, government attorney or Juvenile Court that has made diversion shall make arrangement to monitor, whether the diverted child has been continuously participating in the diversion procedure or not, through a probation officer.
(8) The following may be done to indemnify the damage caused to the victim while diverting a child:
(a) To compensate the victim or to have recovery of the actual loss and damage,
(b) To cause the property, profit or material acquired from the offence to be returned to the concerned owner,
(9) Other provisions relating to the diversion shall be as prescribed.
(a) To have reconciliation or understanding between the child and the victim,
(b) To make the child realize the mistake,
(c) To provide necessary counselling to the child and his or her family,
(d) To send the child to any community service,
(e) To send the child to any institution for his care and protection,
(f) To release the child on supervision and direction of the child welfare authority,
(g) To entrust the child to his or her father, mother or other family member or guardian,
(h) To make the child participate in any training or educational program.
(2) While diverting a child by adopting any procedure referred to in clauses (d), (e), (f), (g) and (h) of sub-section (1), the period shall also be fixed.
(3) While diverting a child by adopting the procedure referred to in clauses (d), (e), and (f) of sub-section (1), no diversion shall be made so that it exceeds the maximum term of punishment imposable for the commission of the offence.
(4) The investigating authority or government attorney shall, before diverting a child, obtain a report on study and analysis of physical and mental condition of the child by the child psychologist and child expert and economic, cultural condition and circumstances of the child by the social worker.
(5) The investigating authority, government attorney or Juvenile Court shall give the information about the diversion of the child pursuant to sub-section (1) to their respective higher office and Juvenile Court.
(6) If the child accused of an offence is diverted, such a dispute shall terminate, and its formal judicial proceeding shall be deemed to be concluded.
(7) The investigating authority, government attorney or Juvenile Court that has made diversion shall make arrangement to monitor, whether the diverted child has been continuously participating in the diversion procedure or not, through a probation officer.
(8) The following may be done to indemnify the damage caused to the victim while diverting a child:
(a) To compensate the victim or to have recovery of the actual loss and damage,
(b) To cause the property, profit or material acquired from the offence to be returned to the concerned owner,
(9) Other provisions relating to the diversion shall be as prescribed.