Amendment drafted to remove 'ambiguity'
The law ministry yesterday submitted a draft to the High Court on the amendment of the Children Act, 2013 in a bid to remove ambiguity in the existing law.
The ministry's draft proposed a provision for police to prepare separate inquiry or investigation reports of holding trial of an adult accused under this legislation.
According to the existing law, a juvenile court can hold trial if a child is a victim or a witness in a case. However, it did not specify which court will hold trial of an adult who is accused under this legislation.
If any child commits the offence, the case documents will be sent to the Juvenile Court and in case of adults, the papers will be forwarded to the conducting court, the draft said.
According to the draft, the public prosecutor concerned will be notified about sending the documents to the courts, and one or more juvenile courts will be established in every district.
After receiving the draft of the amendment, the HC bench of Justice M Enayetur Rahim and Justice Shahidul Karim fixed February 12 for passing an order on this issue.
The HC on Nov 12 last year allowed the government until Jan 15 (yesterday) to amend the Children Act, 2013 by removing the ambiguity over trying an adult under the law.
The court on that day commented that the juvenile courts have turned into adult courts, as adults are tried there.
Investigation officers, judges and lawyers concerned need to be trained before beginning trials of cases filed under this law, Justice Enayetur Rahim had said.
Earlier, on August 14, 2016, the HC had ordered the law ministry and the social welfare ministry to explain the "ambiguity" in the Children Act, 2013 over trial of an adult accused in a case filed under this law.