THE JUVENILE JUSTICE ACT

OVERVIEW

During the colonial rule various Acts were passed in India to curb juvenile delinquency but post-independence
a central legislation known as the Juvenile Justice Act was passed in 1986 to provide a uniform law throughout
the country for the care, protection, treatment, development and rehabilitation of neglected or delinquent
children.

The Juvenile Justice Act, 1986 was repealed by the Juvenile Justice (Care and protection of Children) Act, 2000
which was amended in 2006. After the Delhi gang rape case, 2012, in which an accused was a few months
younger than 18 years of age was tried by a Juvenile Court and was sentenced to 3 years in a reform home,
there was a huge public uproar. As a result a new bill was introduced in the Parliament by the Minister of
Women and Child Development in 2014 and on 22nd April 2015 The Juvenile Justice (Care and Protection of
Children) Act was passed.

Who is a child?

A child is any person below the age of 18.1

Who is a “child in need of care and protection (CNCP)’’?

A child in need of care and protection is a child: 2

 who does not have a home, or a settled place to stay or who does not have proper means of subsistence or is
begging or living on the street or
 who is working in contravention of labour laws or
 who is living with a person who has injured, exploited, abused or neglected the child or
 who is living with a person who has threatened to kill, injure, exploit or abuse the child and there is a
possibility that it will be carried out or
 who is living with a person who has committed any of the above acts against any other child and there is a
chance that it will happen to the concerned child also or
 who is mentally or physically ill, or has an incurable disease with no one to support or take care of him/her
 whose parent/guardian is found to be unfit to take care of the child by the Juvenile Justice Board or the Child
Welfare Committee
 who has no one to take care of the child or whose parents/guardians have abandoned or surrendered the
child
 who is missing or who has ran away or whose parents could not be found after reasonable inquiry
 who has or is being or is likely to be tortured/abused for the purpose of sexual abuse or illegal acts
 who is found to be vulnerable and has a possibility of being inducted into drug abuse or trafficking
 who is a victim or has been affected by any armed conflict or civil unrest or natural calamity
 who is at risk of marriage before attaining the age of majority

Who is a “child in conflict with law (CCL)’’?

1
Section 2(12)
2
Section 2(14)
 A child who has committed or is alleged to have committed an offence and has not completed the age of 18
years is known as a child in conflict of law.3

What do you mean by’’ best interest of the child’’?

The best interest of the child means that the basis of any decision regarding the child should ensure
fulfillment and protection of basic rights and needs, identity, social well-being and physical, emotional and
intellectual development of the child.4

What are the general principles to be followed while dealing matters under this Act? 5

 Presumption of innocence - the child shall be presumed to be innocent until proven guilty
 Dignity and worth - all the proceedings should be held in a manner which upholds the child’s worth and
dignity
 Participation - the child should be an active participant at all the stages of the proceeding
 Best interest - at all times during and after the inquiry , the best interest of the child should be kept in mind
 Family responsibility – the primary responsibility of care and protection of the child shall be on the biological
family or adoptive/foster parents
 Safety – all measures should be taken to ensure that the child is safe and not ill-treated during and after
proceedings
 Positive measures – all resources should be used to promote the child’s well-being and development
 Non-stigmatising semantics – words such as accused, court, trial etc which may stigmatise should not be used
during the proceedings
 Non –waiver of rights- no waiver of any right of the child is valid or permissible
 Equality and non-discrimination- there shall be no discrimination against the child on grounds including sex,
caste, ethnicity, place of birth, disability and equality of access, opportunity and treatment shall be provided
to every child
 Right to privacy and confidentiality – the child’s right to privacy and conifentiality shall be protected at all
times during the proceeding
 Institutionalisation as a measure of last resort - methods such as advice, counseling , participation in
community service etc. should be used and sending a child to an observation home or a special home should
be the last resort
 Repatriation and restoration- efforts should be made to facilitate the restoration of the child back into the
family and society
 Fresh start- the child who has been reformed should be given a chance to start life afresh and become a
contributing member of the society
 Diversion – during the proceedings , efforts should be taken to divert or channel-out the child offender out of
the juvenile justice system and try to send him back to the society
 Natural justice- the proceedings against the child should always be just, fair and reasonable

What is the Juvenile Justice Board (JJB)?6

3
Section 2(13)
4
Section 2(9)
5
Section 3
6
Section 4
 The Juvenile Justice Boards (now on referred to as Board) handles matters concerning CCL. Every district has
its own Board. It shall consist of a Judge7 and two experienced social workers among whom one shall be a
woman.

(The persons to be appointed as social workers should have been actively involved in activities relating to
health, education or welfare of children for at least seven years or should be a practicing professional with a
degree in child psychology, psychiatry, sociology or law.)8

What happens when a child has committed an offence or is accused of committing an offence?

When a child has committed an offence or is accused to have committed an offence, the child will be
produced before the Board and an inquiry will be held.

What is the procedure that should be followed at the JJB?9

All the procedures should be child friendly and the premises shall not look like a court room

• The JJB should sit within the premises of the Observation Home or any child care institution meant for CCL

• Neither the members of the panel nor the lawyers should be in uniform and a witness/accused box should not
be there

• The JJB may act in the absence of any of its members. No order can be invalidated only on the absence of any
member

• At the stage of final disposal at least two members including the Judge should be present

What are the powers, functions and responsibilities of the Board?10

The Board shall have exclusive power to deal with matters regarding CCL in the concerned area.

The functions shall include:

 To decide and dispose of cases of CCL

 To ensure the participation of the child and the parent/guardian in every step of the process
 To ensure that the child’s rights are protected throughout the process
 To ensure the availability of legal aid through legal service institutions
 To provide an interpreter or a translator when the child cannot understand the language used in the
proceedings

7
Metropolitan Magistrate or a Judicial Magistrate of First Class
8
A person who has a past record of violating human rights or child rights, child abuse or employment of child
labour , or who has been convicted of an offence involving moral turpitude or who has been removed from service
by the Central/State Government shall not be appointed as a member of the Board
9
Section 7
10
Section 8
 To direct the Probation Officer/Social Worker to undertake investigation to understand the circumstances
under which the offence was committed and submit a report within 15 days from the date on which the child
was first brought before the Board.
 To transfer cases to the Child Welfare Committee (CWC) when the CCL is also a CNCP (there might be a need
of both the Board and the Committee to be involved)
 To ensure that the final order includes an individual care plan and also follow up
 To conduct inquiries to declare ‘fit persons’ to take care of CCL
 To inspect the resident facilities for CCL at least once a month and to make recommendations for
improvement to the District Child Protection Unit (DCPU) and State Government
 To order the police to register a FIR for offences committed against any CCL or CNCP
 To conduct regular inspection to jails to check if any child is lodged in a jail meant for adults and to take
measures to transfer such a child to the observation home with immediate effect

What happens when a child is produced before another court other than the JJB?11

When a child is produced before any court other than the JJB, the Judge should immediately forward the child
to the Board.

If at any stage of the proceeding, the person before the Court claims that he was a child when the offence was
committed or if the Court is of the opinion that the alleged offence was committed when the person was a
child, the Court shall make an inquiry to determine the age of the person as nearly as possible and if the age is
found to be below 18 years, the case shall be forwarded to the Board and any order or sentence passed by
the Court regarding the case shall not have effect.

What are the procedures to be followed regarding CCL?12

 As soon as the CCL is apprehended( taken into custody), the child should be placed under the charge of the
Special Juvenile Police Unit or the Child Welfare Officer
 the child shall be produced before the Board within 24 hours of apprehending the child (excluding time taken
for travel)
 The child should not be kept in police lock-up under any circumstances but should be sent to the observation
home only
 No girl juvenile can be taken into custody by the police between sunset and sunrise and she can be searched
only by a female staff
 The juvenile should not be handcuffed or tied with ropes or chains
 The police should inform the child’s parents/guardian and the Probation Officer as soon as the child is
apprehended
 The CCL placed in the observation home should be produced before the Board once in every 15 days

What are the provisions regarding bail to a CCL under the Act?13

11
Section 9
12
Section 10
13
Section 12
 A bail to the CCL is the temporary release of a child who is alleged to have committed an offence and is
awaiting proceedings and the child is entitled to be released on bail regardless of the type of offence.

The CCL will be released on any of the following types of bail:

 Personal bond: the guardian of the CCL has to sign a bond that he/she will produce the child before the Board
whenever required
 Cash bail: the guardian has to pay the amount ordered by the JJB and the amount would be returned at the
end of the case
 Surety: a person known to the guardians of the CCL can stand as a surety to ensure the presence of the CCL
before the Board. The surety will have to sign a bond for an amount which will be decided by the Board and
will have to be paid to the court if the child absconds ( runs away /is missing)

A bail to a juvenile can be refused by the Board only on the following grounds:

 the release would bring the child into contact with any known criminal or
 the release would expose the child to moral, physical or psychological danger or
 the release would defeat the ends of justice

The Board shall record the reasons for denying the bail and circumstances that led to the decision. When a
child is not released on bail, he/she will be sent to an observation home or a place of safety.

Where a child is released on bail, the Probation Officer/Child Welfare Officer shall be informed by the Board.

How is the inquiry at the JJB conducted?14

 Where a child has committed an offence (or is in conflict with law), the Board will hold an inquiry as soon as
the final report (also known as the chargesheet) is filed.
 The final report should be filed by the police within a period of 60 days or 90 days from the date of
apprehension, depending on the type of offence and a copy of the report should be given to the child.
 The inquiry shall be completed within 4 months from the day the child was first produced before the Board.
The inquiry can be extended for a maximum period of 2 more months and reasons for such extension should
be given in writing.
 If the inquiry for petty offences is not closed even after the extended period the proceedings shall be
terminated.
 At the time of inquiry the Board shall ensure that the child is not ill-treated by the police/probation
officer/lawyer or any other person and shall take corrective steps if such ill treatment has taken place.
 A child cannot be tried along with an adult even if they are accused in the same case

What happens when a child has committed a heinous offence?15

14
Section 14
15
Section 15
 When a child below 16 years has committed a heinous offence, the Board shall hold the inquiry like in other
cases concerning CCL.

When the child is above 16 years has committed a heinous offence, the Board shall hold a preliminary
assessment to assess the child’s mental and physical capacity to commit the offence and his/her ability to
understand the consequences of the action. The Board may take the assistance of psychologists/ psycho-
social workers or other experts for conducting the preliminary assessment.

After the preliminary assessment, the Board can decide whether to take up the case (the CCL will be treated
as a child)16 or forward it to the Children’s Court. 17

Upon receipt of the preliminary assessment, the Children’s Court will decide whether the child should be tried
as an adult or a child and pass appropriate orders and reasons should be recorded.18

Based on the preliminary

assessment,the Board will If CLC has to be tried as a
Preliminary assessment
decide whether the CLC child, the Board will
by the Board
should be tried as a child conduct inquiry
or as an adult

The Children's Court will If the CLC has to be tried

The Childrens's Court will
decide whether the child as an adult , the case will
conduct inquiry and pass
should be tried as a child be forwarded to the
the final order
or an adult Children's Court

What are the powers of the Children’s Court?19

 The Children’s Court can decide whether there is a need for trial of the child as an adult or child17 in case of
heinous offences
 The Court shall ensure that the final order with regard to the CCL shall include an individual care plan for the
rehabilitation of the child and also follow up by the Probation Officer
 The Court shall ensure that the CCL shall be sent to a place of safety till he attains the age of 21 and then be
transferred to a jail

16
The child will be tried according to the Juvenile Justice (Care and Protection of Children) Act,2015
17
The Board will take up the case if it is of the opinion that the CCL should be tried as a child
18
When the Children’s Court decides that there is no need for trial of the child like an adult, it shall conduct the
inquiry according to the provisions of the Act (like how the Board would have conducted the inquiry

19
Section 19
 The Court shall ensure that there is a periodic follow up report every year by the Probation Officer to evaluate
the progress of the child in the place of safety and that the child is not ill-treated in any manner

What are the orders that can be passed regarding a CCL?20

When the Board is satisfied that the child has committed an offence (petty/serious/heinous),

 the child may be sent home with advice and firm warning
 counselling will be given to the child (and also parents/guardian) or
 order the child to participate in counselling activities or community service
 order the child/parent/guardian to pay a fine
 direct the child to be released on the condition that he/she shall maintain good conduct on the assurance,
care and supervision of a parent/guardian/surety/fit facility for a period not more than 3 years
 direct the child to be sent to a special home for a period not more than 3 years for his/ her overall
reformation. 21
If the conduct and behavior of the child is such that , placing him/her in the special home will not be in the
best interest of the child or other children in the special home, the Board may send the child to a place of
safety.
The Board can also pass additional orders like attend school or vocational training centre or undergo a de-
addiction programme or not to visit a specified place.

What are offences against children?22

• Disclosure of identity or information of CCL/CNCP

• Cruelty towards the child

• Intoxicating liquor or narcotic drug or psychotropic substance into the child

• Using the child for vending, supplying or smuggling any liquor or narcotic drug or psychotropic substance

• Exploitation of child employee

• Adoption of child without following prescribed procedures Sale and procurement of children for any purpose

• Corporal punishment

• Use of child my militant groups

• Kidnapping and abduction of child

(Whoever commits a crime mentioned above on any disabled child will be liable to twice the penalty provided
for such offence)

Who can file a complaint of an offence against a child?

 Child

20
Section 18
The reformative services at the special home include education, skill development,
21

counselling etc.
22
Section 74-89
 Family
 Guardian
 friend
 teacher of the child
 childline services or any other individual or institutions or organisation concerned

What are the important points to be remembered in cases of offences against children?

 All cases against children will be investigated by the Child Welfare Police Officer
 If any offence is committed by the child care institution, the Committee/ Board may order to transfer the child
to another childcare institution and also to cancel the registration of the institution
 If the offence is committed by a person working in the child care institution, that person will be debarred
from working with children when the case is going on
 The child and his family shall be provided access to paralegal volunteers
 Where a child has been subjected to sexual abuse, the child may be referred to the nearest District Hospital or
One-Stop Crisis Centre
 The child may be represented by a lawyer of his choice or public prosecutor or a lawyer designated by the
Legal Services Authority
 After the process of trial , the child/guardian should be informed of the decision and the implication , he
should also be aware of his legal options

Is the child expected to attend all the proceedings?23

If at any stage of the proceedings the Board/Committee is satisfied that the presence of the child is not
required, the attendance of the child shall be dispensed with. If the attendance of the child is required, the
travel expense of the child and one escort accompanying the child will be reimbursed.

What happens when the CCL/CNCP is outside the jurisdiction of the Board/Committee?24

If during the inquiry it is found that the child hails from a place which is outside the jurisdiction 25of the
Board/Committee, the child can be transferred to the Board /Committee in the child’s home district, if the
Board/Committee is of the opinion that it is in the best interest of the child.

With regard to a CCL, the child can be transferred only after the inquiry has been completed and final order
has been passed.

How can a child be transferred from one child care institution (children’s home/special home/fit facility/fit
person) to another?26

23
Section 91
24
Section 95
25
Area over which the Board/Committee has control
26
Section 96
The State Government on the recommendation of the Board/Committee can transfer a child from one
childcare institution to another within the State or outside the State27, keeping in mind the best interest of
the child.

How can a child be released from a childcare institution?28

The Board/Committee may consider the release of a child29, either absolutely or conditionally. If a child who is
released conditionally fails to fulfill the conditions, the Board/Committee may order to place the child back in
the child care institution and in the case of a CCL it may lead to extension of his term.

Who is a Child Welfare Police Officer?30

In every police station, an officer not below the rank of assistant sub-inspector will be appointed as Child
Welfare Police Officer to deal exclusively with children.

What is the Special Juvenile Police Unit?31

In every district, to co-ordinate the functions of the police related to children, a Special Juvenile Police Unit is
constituted.

27
In consultation with the concerned State Government
28
Section 97
29
Based on a report of the Probation Officer or social worker or government/voluntary/non-voluntary organisation
30
Section 107(1)
31
Section 107(2)