Social Investigation Report
What is Social Investigation Report
A Social Investigation Report (SIR) is a comprehensive report containing information about a child’s economic, social, psycho-social background and other relevant factors. A SIR is prepared when a child alleged to be in conflict with the law is apprehended. It serves as a tool for the system, including the Juvenile Justice Board, to understand the circumstances under which the crime might have been committed by the child alleged to be in conflict with the law.
Official definition of Social Investigation Report
Social Investigation Report as defined in legislation
Section 2(xvii) of the The Juvenile Justice (Care and Protection of Children) Model Rules 2016 defines “Social Investigation Report” as the report of a child containing detailed information pertaining to the circumstances of the child, the situation of the child on economic, social, psycho-social and relevant factors, and the recommendation thereon.
Section 8(2)(e) of The Juvenile Justice (Care and Protection) Act, 2015 defines the specific powers of the Juvenile Justice Board to direct the preparation and submission of a SIR. It directs the Probation officer, or in case a Probation Officer is not available, a Child Welfare Officer or a social worker to undertake a social investigation into the case and submit a social investigation report within a period of fifteen days from the date of the first production before the Board to ascertain the circumstances in which the alleged offence was committed.
Child Welfare Officer
The Child Welfare Officer is given the task of conducting personal interviews with the child and their family members, social agencies and other sources, inquire into antecedents and family history of the child and collect such other material as may be relevant, and submit the Social Investigation Report to the Board or the Committee the Children’s Court within fifteen days.
Form 5
Form 5 of the Juvenile Justice Model Rules of 2016 acts as an order for Social Investigation Report. The Principal Magistrate or a member of the Juvenile Justice Board directs the Probation Officer or the Person in-charge of Voluntary or Non-Governmental Organisation to enquire into the social antecedents, family background and circumstances of the alleged offence by the said child and submit a Social Investigation report before a time frame approved by the Board. The investigation needs to be conducted in consultation with an expert in child psychology, psychiatric treatment or counselling or any other expert for their expert opinion if necessary and submit such a report with the Social Investigation Report.
Form 6
Form 6 of the Juvenile Justice Model Rules of 2016, which is utilised specially for CiCL’s is the format for the Social Investigation Report for a Child in Conflict with Law. It explores the family and education background, development of child, possible Adverse Childhood Experiences (ACE's) and history with delinquency in order to provide a comprehensive report to aid in decision making.
Social Investigation Report as defined in international instruments
UN Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules)
Rule 16 of The UN Standard Minimum Rules for the Administration of Juvenile Justice (“The Beijing Rules”) defines a Social Investigation Report as a Social Inquiry Report. The background and circumstances in which the juvenile is living or the conditions under which the offence has been committed is to be properly investigated. The competent authority should be informed of relevant facts about the juvenile, such as social and family background, school career, educational experiences, etc. Special social services should be available to deliver social inquiry reports of a qualified nature.
UN Guidelines for the Protection of Juvenile Delinquency (The Riyadh Guidelines)
The UN Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines) sheds light into the role that family and educational background plays in the development of the child and the circumstances surrounding the crime.
Committee on the Rights of the Child's General Comment No. 24 (2019)
The Committee on the Rights of the Child's General Comment No. 24 (2019) mandates a comprehensive, multidisciplinary "individual child rights-based assessment" which functions similarly to a social investigation report. This assessment evaluates the child's individual circumstances, requiring input from various professionals, and must in
Social Investigation Report as defined in case laws
Child in Conflict with Law through his Mother Vs. The State of Karnataka and Ors.
In Child in Conflict with the Law through his Mother Vs. The State of Karnataka and Ors. preliminary assessment and the submitted social investigation report was used to try the child as an adult based on the mental and physical capacity of the child and the circumstances of the committed crime.
Rajesh Lakra Vs. State of C.G.
In Rajesh Lakra Vs. State of C.G. social investigation report submitted by the probation officer is used to determine if provision of bail to the appellant would defeat the ends of justice. The probation officer had submitted that the child was obedient to his parents and was on positive and good terms with the local residents. The report also considered him a social juvenile prior to this offence consideringt it was his first offence. The report further indicated that if he is not released on bail, it is to affect him morally, physically and psychologically.
