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 1898) ;
(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[(1) The Federal Government, or if so directed by it, the Provincial
Government, shall in consultation with the Chief Justice of High Court concerned establish, by
notification in the official Gazette, one or more Juvenile Courts in relation to any area as may be
specified in this behalf by the Federal Government or the Provincial Government, as the case may be,
or, the Federal Government, or if so directed by it, the Provincial Government, may designate an
existing AtniTerrorism Court established under the Antiterrorism Act, 1997 (XXVII of 1997) to
exercise the powers of a Juvenile Court.]
(2) The High Court may—
(a) confer powers of juvenile court on—
(i) Court of Sessions; or
1[(ia) An AntiTerrorism Court or any other Special Court established under law; 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 a Judicial Magistrate of the First
Class for the purposes of this Ordinance on such terms and conditions as the High Court
may determine.
1 Subs. and Ins. by Ord. 05 of 2012, s. 2 (valid upto 2692012).
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