Juvenile Justice Board

Introduction
The Juvenile Justice (Care and Protection of Children) Act,
2015 (Hereinafter JJ Act, 2015) is a new legislation which repeals the
Juvenile Justice Act, 2000. One of the primary reasons for the introduction
of this act was to address the commission of heinous offences by
juveniles aged 16-18. This development comes after the
infamous Mukesh & Anr. vs. State of NCT of Delhi and Ors. (Nirbhaya
case). Traditional criminal law labelled offenders as ‘delinquent or
neglected children’ and proceeded to punish them as criminals but the
new law aims at reformative justice for the convicts.

The primary focus of this Act is on the procedural aspect, with regard to
pendency in cases, accountability of the functionaries, etc. It has also
highlighted the categories of ‘child in conflict with law’ under Section
2(13) and ‘child in need of care and protection under Section 2(14) of the
Act.

The Indian Constitution envisages a welfare state, where the children

would be free from abuse and exploitation. The Act derives its
constitutional legitimacy from Article 15(3), Article 39(e) and 39(f), Article
45 and Article 47 of the Constitution of India, 1950. These provisions
empower the State to ensure the protection of basic human rights and
needs of all children. Further, the Act also aims to achieve the objectives
laid down in the United Nations Convention on the Rights of the Child,
1989, which was ratified by India in 1992. The National Policy for
Children, 2013 and the National Charter for Children, 2003 take this view
of child welfare as well.

In this Article, the intricacies of the Juvenile Justice Board under the Act,
2015 has been discussed.

To know more about introduction and overview of the Juvenile

Justice Care and Protection Act, 2015, please watch the video below:

Juvenile Justice Board

The Juvenile Justice Board is an institutional body constituted
under Section 4 of the JJ Act, 2015. According to the division of powers,
the subject of administration of criminal justice has been included in the
State List (List II, Schedule VII) of the Indian Constitution. Therefore, one
or more than one Juvenile Justice Board(s) are established by the State
Government for each district. The Board exercises its powers and
discharges functions relating to the ‘child in conflict with law’ as has been
defined under Section 2(13) of this Act.

Section 4 begins with the ‘saving clause’ which means that an overriding
effect over the Code of Criminal Procedure,1973 has been given to this
provision. It means that in spite of the provisions mentioned in the Code,
the particular clause (S.4 here) would have a full operation. Therefore,
S.4 is an enabling provision. The ‘notwithstanding clause’ has been
discussed in the case of Chandavarkar Sita Ratna Rao vs. Ashalata S.
Guram (AIR 1987 SC 117).

Under Section 7 of the Act, the procedure in relation to the Board has
been laid down. The Board shall meet and carry out transactions of
business as may be prescribed. It is the duty of the Board to ensure that
all procedures are child friendly and the venue is not intimidating. If a
difference of opinion arises among the Board members in the interim or
final disposal stage, then there are two options:

Either the majority opinion will prevail or if there is no majority, then the
opinion of the Principal Magistrate will prevail.

In those circumstances when the Board is not sitting, a child in conflict

with law may be produced before an individual member. Further, the
Board can pass orders even if any Board member is absent and such
orders cannot be held invalid by the only reason that any member was
absent during any stage of proceedings.

Constitution
The constitution of the Board has been defined in Section 4(2) of the Act.

Composition of Bench under Juvenile Justice Act,

2015
1. Metropolitan Magistrate or Judicial Magistrate First Class (Principal
Magistrate herein) [not being Chief Metropolitan Magistrate or Chief
Judicial Magistrate]

-Experience Required: 3 years.

2. Two social workers (one being a woman)

-Experience Required: Active involvement for 7 years in health, education

or welfare activities pertaining to children; OR
-A practising professional with a degree in child psychology, psychiatry,
sociology or law.

It was held by the Himachal Pradesh High Court in the case of State of
Himachal Pradesh vs. Happy (2019 SCC OnLine HP 700) that judgment
passed by a single member of the Juvenile Justice Board is void ab initio.
In this case, the impugned order was passed by a single Magistrate,
without fulfilling the criteria of the composition required for the
functioning of the Juvenile Justice Board. Therefore, the order was set
aside.

Powers granted to Juvenile Justice Board

The Bench shall have all the powers conferred by the Code of Criminal
Procedure, 1973 on a Metropolitan Magistrate or a Judicial Magistrate
First Class.

Eligibility Criteria for Selection as Member of

Juvenile Justice Board
Under Section 4(4) of the Act, the eligibility criteria for selection as a
Board member has been listed down. It has been defined in a negative
manner.

The person will not be eligible if they:

 Have any past record of violation of human rights or child rights;

 Were convicted of an offence which involved the ground of
moral turpitude + such conviction has not been reversed or has
not been granted pardon;
 Were removed or dismissed from the services of:

o Either the Central Government or the State Government

o An undertaking/ corporation owned or controlled by the Central
Government or the State Government

 Have ever indulged in the acts of:

o Child abuse
o Child labour
o Any other violation of human rights or immoral act
Training for Members of the Juvenile Justice Board
Under Section 4(5), the onus of sensitizing and providing training to all
the Board Members lies on the State Government. It is to be ensured that
the induction training is provided within a duration of 60 days from the
date of appointment.

Term of Office for Members of the Juvenile Justice

Board
Under Section 4(6) of the Act, the tenure of office for the Board members
and the manner in which they may resign has been discussed.

Termination/Disqualification of Members of the

Juvenile Justice Board
Under Section 4(7) of the JJ Act, 2015 – the appointment of any Board
member, except the Principal Magistrate, may be terminated post an
inquiry by the State Government if they:

 were found guilty of misuse of power bestowed upon them

under this Act; or
 failed to attend the Board proceedings consecutively for three
months without valid reasons; or
 failed in attending less than three-fourths of the sittings in a
year; or
 Have become ineligible under sub-section 4 during their tenure
as a member.

Placement of Persons
The Placement of Persons under the JJ Act, 2015 has been divided into
two categories in accordance with Section 5 and 6.

Category 1 Category 2

A person who ceases to be a child during an A person who was below the age of 18
inquiry years when the offence was committed

If an inquiry has been initiated in respect of Any person who has completed 18 years
any child under the Act and during such of age, and is arrested for the
course of the inquiry, if the child completes commission of an offence when he/she
the age of 18 years, then the inquiry can be was below 18 years, then such person
continued and orders can be passed as if shall be treated like a child during the
such person was a child. process of inquiry.

If the person is not released on bail by

the Board, then they will have to be
placed in a place of safety during the
inquiry process.

They shall be treated according to the

procedure prescribed in this Act.

Procedure followed by the

Magistrate who is not empowered
by the Act
The procedure to be followed in these cases has been listed down
in Section 9 of the Act:

1. If any Magistrate who does not have the power to exercise the powers
of the Board under this Act, believes that the alleged offender brought
before him is a child, then he shall, without any delay:

 Record such opinion; and

 Send the child immediately to a Board having jurisdiction, along
with the record of such proceedings.
2. If any alleged offender claims before a Court other than the Juvenile
Justice Board, that when the offence was committed:

 He/she is a child;
 He/she was a child.
OR

If the Court is itself of the opinion that the person was a child when the
offence was committed, then the Court shall take the following steps:

 Make an inquiry;
  Take evidence which is essential for determining the age of the
person, but this does not include affidavits.
 Record a finding on the matter, which states the age of the
alleged offender.
PROVIDED THAT,

Such a claim can be raised before any court and can be recognized at
any stage – this includes the stage of final disposal of the case and even
after the final disposal.

The claim will be determined according to the provisions of this Act and
the rules made thereunder, even if the person has ceased to be a child –
on or before the date of commencement of the Act.

3. If the Court concludes that the person who has committed an offence
was a child when the offence was committed, then it shall send the
person to the Board for passing appropriate orders and sentence in the
case. Further, if any orders or sentences have been passed by the Court,
the same will be deemed to have no effect on the person.

4. If it is required under this section, that a person should be kept in

protective custody, during the process of inquiry regarding the person’s
claim of being a child, then the person should be placed in a place of
safety.

Powers
The Board constituted for any district shall have the power to deal
exclusively with the proceedings under the Act:

 In the area of jurisdiction of the Board,

 In matters relating to children in conflict with the law.
These powers may be exercised by the High Court or the Children’s
Court, when proceedings under Section 19 come before them or in
appeal, revision or otherwise. It was held in the case of Hasham Abbas
Sayyad vs. Usman Abbas Sayyad (2007) 2 SCC 355 that an order passed
by a magistrate beyond his jurisdiction would be considered void ab
initio.

When an alleged child in conflict with law is produced before the Board, it
shall exercise its power to hold an inquiry according to the provisions of
this Act and may pass orders as it deems fit under Section 17 and 18 of
the JJ Act, 2015.

The Board is also empowered to inquire into heinous offences

under Section 15 of the Act. Such preliminary assessment has to be
disposed of within a period of 3 months from the date of first production
of the child before the Board.

In the case of Puneet S. vs. State of Karnataka (2019 SCC OnLine Kar
1835), the Karnataka High Court held that only the Juvenile Justice Board
has the power to decide whether an offence committed by a juvenile is
heinous or not.

Functions
Sr.
Functions
No.

Ensuring informed participation of the child & the parent or the guardian
01
throughout the process

Ensuring protection of the child’s rights throughout the process of arresting the
02
child, inquiry, aftercare and rehabilitation

Ensuring the availability of legal aid for the child through various legal services
03
institutions

Providing a qualified interpreter or translator to the child if he/she fails to

04
understand the language during the course of proceedings

Directing Probation Officer/Child Welfare Officer/Social Worker to undertake a

05 social investigation into the case. Further, directing them to submit the report
within 15 days from the date of the first production before the Board.

Adjudicating and disposing of cases pertaining to children in conflict with the law
06
according to the process mentioned in Section 14

Transferring matters to the Committee in cases where the child is alleged to be in

07 conflict with the law, but is stated to be in need of care and protection at any
stage

08 Disposing of the matter and passing a final order which should include an
 individual care plan for the child’s rehabilitation. This also includes follow-ups by
officers or an NGO.

Conducting inquiry for declaring that a certain person is fit for taking care of the
09
child in conflict with the law

Conducting inspection every month of residential facilities for children in conflict

10 with the law and recommending various measures for improvement in the quality
of services provided

Ordering the police for registration of FIR if any offence is committed against any
11
child in conflict with the law

Conducting a regular inspection of jails meant for adults, to check if any child is
12
lodged in such jails

Taking immediate measures for the transfer of a child found in jails for adults, to
13
an observation home

14 Any other function as may be prescribed to the Board

Any child who is in conflict with law cannot be kept in police lock-up or
jail under any circumstances. The Supreme Court said that Juvenile
Justice Boards should not be ‘silent spectators’, in the case Re:
Exploitation of Children in Orphanages in the State of Tamil Nadu vs.
Union of India and Ors.

Conclusion
In traditional law, the offenders were dealt with in a strict and harsh
manner. The practice of jailing the juveniles with hardened criminals led
to further trouble and disintegration of society.

There are several factors behind the involvement of children in criminal

activities, such as poverty, unemployment, broken families, lack of
parental control, etc. The new legislation provides a response to these
factors through the procedure of reformative justice.

It acknowledges the fact that children require special care and protection
instead of treating them in the same manner which led to their
engagement in criminal activities.
The Juvenile Justice Board aims to deal with such children in conflict with
the law in the best possible manner so that they can be integrated into
society as a contributing member at a later stage.

Child Welfare Committee

Introduction
According to the Child Marriage Restraint Act, 1929 , a male of age below
twenty-one years is called a child and a female of age less than eighteen
is called a child. Children are young, innocent and vulnerable and hence
they need to be protected from the cruelty of the outside world. In India,
39% of the population is of children, which is approximately 472 million.

The future of children holds the future of a nation and therefore

protection of children is of prime importance. It is the duty of the State to
look after a child to ensure full development of its personality and for him
to achieve his goals.

The Child Welfare Committee is an autonomous body declared as a

competent authority to deal with children in need of care and
protection. Section 27 of Chapter V of the Juvenile Justice (Care and
Protection of Children) Act, 2015 talks about the Child Welfare
Committee.

It is mandatory to form one or more Child Welfare Committees in every

district for exercising power and to discharge the duties conferred in
relation to children in need of care and protection. This committee
consists of a Chairperson and other four members who according to the
State Government are fit to be appointed, at least one of whom should be
a woman and the other should preferably be an expert on matters that
are concerning the children.

A Secretary and other staff shall be provided by the District Child

Protection Unit for secretarial support to the Committee for its effective
functioning. For becoming a member of the Committee, that person(who
wants to become a member) should be actively involved in health,
education and welfare activities in relation to children for at least seven
years or should be a practising professional who has a degree in child
sociology, psychiatry, psychology, law or human development.

For the appointment of a member, he should possess all the prescribed

qualifications. The duration of this appointment should not exceed the
time period of three years. Appointment of a member shall be terminated
if that member uses his power for wrong measures, been convicted of an
offence involving moral turpitude (where such conviction has not been
reversed and he has not been granted full pardon) and does not attend
the meetings of the Committee for a period of three months of three-
fourths sitting of the Committee in that year. A review in every three
months shall be conducted by the District Magistrate.
The Child Welfare Committee functions as a bench guided by the powers
that are conferred in the Code of Criminal Procedure, 1973. Anyone
connected to the child is allowed to file a petition to the Magistrate of
that District, who considers and passes appropriate orders.

Procedures in relation to the

committee
The procedures in relation to the committee are mentioned in Section
28 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
There should be a meeting of the Committee at least twenty days in a
month for observing rules and procedures with regards to the transaction
at its business meetings.

A sitting of the Committee is considered when there is a visit to an

existing child care institution of the Committee. A child, who is in need of
care protection and care needs to be placed in a Children’s Home or a fit
person when the Committee but is not in session, he must be produced
before an individual member of the Committee.

The opinion of the majority shall prevail if there is any difference of

opinion between the members of the Committee.

If there is no majority of such kind then the opinion of the Chairperson

shall be considered. Subject to the provision of minimum members of the
Committee, there shall be no order made by the Committee that declares
it invalid by reason of just the absence of a member during any stage of
the proceedings that are held.

This is applicable provided that there are at least three members who
need to be there to dispose of the case finally.

Powers
The powers of the Child Welfare Committee are laid down in Section 29 of
the Juvenile Justice (Care and Protection of Children) Act, 2015:

 The Committee has the full authority of disposing of cases for

the care, protection and treatment of the children.
 The Committee can also dispose of cases that are for the
development, rehabilitation and protection of children that are in
need, and also to provide for the basic need and protection that
is needed by the children.
  When a Committee is constituted for any particular area, then it
has the power to exclusively deal with all proceedings that are
being held under the provisions of this Act that are related to
children in terms of need of care and protection.
 While exercising the given powers curtailed under this Act, the
Committee is barred from performing any act which would go
against anything contained in any other law that is in force at
that time.
In the case of Ms. Sheila Ramchandra Singh v. State of Maharashtra and
Others, a Government Circular dated 16 June 2016 was issued by the
Women and Child Development Department(Government of
Maharashtra).

The said circular stated that the Child Welfare Committee of Thane
(Maharashtra) was not fully constituted and functional. By looking at the
above Circular, the charge of Thane Child Welfare Committee was
handed over to the Child Welfare Committee, Mumbai on the command
of the State Government. The Deputy Secretary of the Woman and Child
Development Department presented this in the Court.

The Court directed the Child Welfare Committee, Mumbai to take up an

application dated 4 April 2016 on a priority basis and pass appropriate
orders in accordance with law. The petition was disposed of by giving
such directions.

In the case of Krishna Kumar v. Kollam Child Welfare Committee, a writ

petition was filed by the father of Kumari Amalenthu who was a victim of
a rape case.

The court was approached by her father who contended that the child
was originally handed over to the father by the Child Welfare Committee
but later, the Committee took away the child and then that child was
housed at the Nirbhaya Shelter Home. He contended for the custody of
the child as he was the biological father. The learned Counsel had
submitted that the child had no complaint against the father.

There was no explanation as to why the child was taken to the hospital
and where the prime accused was being treated. It is true that she may
like to have an association with her biological father. Learned counsel
then submitted that the child was taken at the instance of the police and
that statement could not be believed.

In the above circumstances, the Court was of the view that the child will
be more protected when she is in the custody of the Child Welfare
Committee. It shall be open for the petitioner to approach the Child
Welfare Committee and seek for appropriate orders and therefore
dismissed the writ petition.
Functions and Responsibilities
The Functions and Responsibilities of the Child Welfare Committee are
mentioned in Section 30 of the Juvenile Justice (Care and Protection of
Children) Act, 2015. Few functions and responsibilities are listed below:

 Cognizance of children that are produced before it. Children who

are neglected can be produced before this committee.
 Conducting inquiry on issues relating to and affecting the safety
and well being of the children under this Act.
 To direct the Child Welfare Officers, District Child Protection Unit
and Non- Governmental organizations for social investigation
and also to submit a report before the Committee.
 To conduct an inquiry for the declaration of fit persons for the
care of children in need of care and protection.
 To direct placing of a child in a foster care facility.
 To ensure care, protection, restoration and appropriate
rehabilitation of those children that are in need of care and
protection. This is based on that child’s individual care plan. It
also includes the passing of necessary directions to parents or
guardians or the people who are fit or children’s homes or fit
facilities in this regard.
 To select a registered institution for the placement of every child
that requires support which is based on that child’s gender, age,
disability and needs. This should be done by keeping in mind the
available capacity of the institution.
 To recommend action that is for the improvement in the quality
of services provided to the District Child Protection Unit and the
Government of a State.
 To certify the performance of the surrender deed by the parents
and to make sure that they are given time to think about their
decision as well as to make a reconsideration to keep the family
together.
 To make sure that all the efforts are made for the restoration of
the lost or abandoned children to their families by following due
process which is prescribed by the Act.
 To declare children legally free for adoption after due inquiry
who are orphans, abandoned and surrendered.
 To take suo moto cognizance of cases and also to reach out to
the children who are in need of care and protection.
 To take action against the rehabilitation of children who are
abused sexually and are reported as children in need of
 protection and care from the Committee, by the Special Juvenile
Police Unit or the local police as the case may be.
 To deal with cases referred by the Board under sub-section (2) of
17 of this Act.
 To coordinate with various departments that are involved in the
care and protection of children. These departments include the
police, the labour department and other agencies.
 To conduct an inquiry and give directions to the police or the
District Child Protection Unit in case of a complaint of abuse of a
child.
 To access appropriate legal services for the children.
 To perform such other functions and responsibilities as may be
prescribed.

Conclusion
A reading of Section 27 of the Juvenile Justice (Care and Protection of
Children) Act, 2015, tells us that the State Government constitutes Child
Welfare Committees in various districts. These Child Welfare Committees
are constituted for exercising powers, performing procedures in relation
to the committee, carrying out functions and responsibilities and
discharging duties that are applicable to the committees that work for
the protection and care of children by this Act.

Child protection is about protecting children against any perceived or real

danger which would pose a risk to their life or childhood. It focuses on
reducing their vulnerability to any kind of harm and ensuring that no
child falls out of the social safety net. Those children who do, should
receive necessary care, protection and the moral support to bring them
back to safety. The Child Welfare Committee works to provide such care
to the children.

Rehabilitation and social re-integration

Introduction
The core principle of the Juvenile Justice (Care and Protection of Children)
Act, 2015 is change and recovery and not punishment. The Act stipulates
that children in conflict with the law and children in need of care and
security should be catered for their essential needs by adequate care,
safety, growth, treatment, social reintegration, and child-friendly
adoption.

Each child who comes into contact with the criminal justice system is a
child in challenging situations that have at some stage dropped out of
the safety net and has been deprived of a chance to have a safe and
stable childhood. In challenging situations, children in conflict with the
law should be viewed as children and the intervention of the criminal
justice system should aim at resolving the situation.

The premise behind redemption is that people are not born criminals and
an opportunity to be welcomed back to society should always be offered.
It also stops them from transforming into violent offenders. Instead of
prosecuting them as an offender, rehabilitation aims to bring the change
in juveniles who are in conflict with the law through schooling or
therapy. The law also makes sure that any child leaving a child care
institution at the age of eighteen is provided with financial assistance to
promote the reintegration of the child into mainstream society.

Rehabilitation and Social

Reintegration
The recovery and social inclusion of children under the Act is performed
on the basis of the child’s individual care plan. It is done ideally by
family-based treatment such as return to the family or guardian with or
without guidance or support, or adoption or foster care. Provided that
every attempt is made to retain the siblings placed together in
institutional or non-institutional care. Only if not being left together is in
their best interests.

The method of rehabilitation and social integration is followed in

observation homes for children, contrary to the law. It happens usually
when the child is not released on bail and held there by the Board’s order
in special homes or in a place of protection or with a suitable
individual. Section 39 specifies that children who need treatment and
security who are not kept in families for any reason as such, on a
temporary or long-term basis, can be placed in an institution licensed for
such children or with a suitable individual or facility.

The rehabilitation and social integration process shall be followed

wherever the child is placed. Those in need of care and support and live
in institutional care or in special homes or places of security may receive
financial assistance when they reach the age of eighteen as stated
in Section 46. This is to help them reintegrate into the mainstream.

Restoration of a child in need of

care and protection
The primary goal of any Children’s Home, Specialized Adoption Agency,
or open shelters is the rehabilitation and protection of a child. The
Children’s Home, Specialized Adoption Agency, or an open shelter has to
take all such measures that are deemed appropriate for the recovery and
security of a child who is temporarily or permanently removed from his or
her family environment and is kept under their care and protection.

Section 40 specifies that the Competent Authority under its discretion

can return any child in need of care and security to his or her parents,
guardian, or fit person after assessing their worthiness to take care of the
child. The committee can also provide them with the correct directions
regarding anything related to the child. “Restoration and security of a
child” means, restoration to parents, adoptive parents, foster parents,
guardian, or fit person.

Registration of childcare
institutions
Without considering anything found in any other laws for the time being
in effect, all organizations, whether operated by a State Government or
voluntary or non-governmental organizations have to accommodate
children in need of care and security. These organizations have to be
registered in compliance with the act, within a period of six months from
the date of commencement of the same Act, regardless of whether or not
it receives grants from the Central or State Government.

These institutions should have valid registration under the Juvenile

Justice Act. The State Government has to assess and record the
institution’s ability and function at the time of registration and register
the institution as a Children’s Home, Open Shelter, Specialized Adoption
Agency, observation home, special home, or as a place of protection.

Upon receiving a request for registration of an established or new

institution housing children in need of care and security, the State
Government may grant provisional registration for a maximum duration
of six months. The government has to grant this within one month from
the date of acceptance of the request, to bring such an institution under
the purview of this Act.
The provisional registration shall stand cancelled if the said institution
does not fulfil the prescribed criteria for registration. In a situation, when
the State Government does not issue a tentative certificate of
registration within one month from the date of application, the proof of
receipt of the application for registration can be treated as an interim
registration for the purpose of running an institution which may extend
up to a period of six months. If the officers of the State Government do
not dispose of the application for registration within six months,
necessary departmental proceedings are instituted about the
same. Section 41 specifies that the registration period of an institution is
till five years, and gets renewed after every five years. The State
Government may cancel or withhold the registration of institutions that
do not provide rehabilitation and reintegration services as stated
in Section 53 and the State Government shall manage the institution until
it is renewed or granted registration again.

The licensed child care institutions have the duty to accept children,
subject to the institution’s ability as directed by the Committee, whether
or not they obtain grants from the Central Government or the State
Government. Inspection committee appointed pursuant to Section
54 shall have the power to inspect any institution that houses children,
even if not registered for the purpose of deciding whether such institution
houses children in need of care and security or not.

Penalty for non-registration

Section 42 provides that any individual or persons in control of an
institution that houses children in need of care and in conflict with the
law if they do not adhere the provisions of subparagraph (1) of Section
41, they shall be punished with imprisonment for a period of one year or
a fine of not less than one lakh rupee or both. Given that every 30 days
delay in registering is deemed as a separate offence.

Open shelter
The State Government may create and maintain as many open shelters
as may be necessary as mentioned in Section 43, by itself or by
voluntary or non-governmental organizations, and such open shelters
have to be registered as such in the manner specified. The open shelters
operate on a short-term basis as a community-based facility for children
in need of residential assistance with the goal of shielding them from
violence or holding them away from life on the streets. The open shelters
have to submit reports to the District Child Protection Unit and the
Committee every month, in the manner specified, concerning children
who have benefited from the shelter services.
Foster care
Children in need of support and security may be taken into foster care,
including community care by order of the Committee, after following the
protocol as may be recommended in this regard, especially in a family
which does not include the biological or adoptive parents of the child or
in an unrelated family recognized by the State Government as
appropriate for this purpose.

This can be for the short term or can be extended further by the
concerned authorities as prescribed by Section 44. The allocation of the
foster family is centred on the capacity, purpose, skill, and previous
experience of taking care of the children. All efforts shall be made to hold
siblings in foster care together unless it is best for them not to be
together.

The State Government also provides monthly financial support for such
foster care through the District Child Protection Unit and also inspects to
ascertain the well-being of the children. If the children were placed in
foster care because their parents were found to be incompetent or unfit
by the Committee, the parents of the child may visit the child in the
foster home at frequent intervals, unless the committee feels that such
interactions aren’t in the child’s best interest.

The foster parents are responsible for supplying the child with schooling,
safety, and nutrition, and are responsible for maintaining the child’s
general well-being in the manner prescribed. In order to determine the
process, conditions, and manner in which foster care services have to be
given for children, the State Government can make rules regarding the
same.

The Committee will perform the inspection of foster families each month
to ensure the child’s well-being, and if a foster family is found to be
failing in child care, the child shall be removed from that foster family
and transferred to another. Although, a child cannot be given for long-
term foster care.

Sponsorship
In order to implement various initiatives for the sponsorship of children,
such as individual, group, or community sponsorship, the State
Government can make rules to facilitate them as mentioned in Section
45. The sponsorship will provide financial resources for families,
children’s homes, and special homes in order to meet the children’s
medical, nutritional, educational, and other needs in order to enhance
their well-being.

The sponsorship conditions include:

 where the mother is a widow, divorced or deserted by the

family;
 where the children are orphaned and stay with the extended
family;
 where the parents are victims of life-threatening illness;
 where the parents are injured as a result of an accident and are
unable to take care of the children physically and financially.

Observation homes
The State Government may create and maintain observation homes as
prescribed by Section 47, for the temporary admission, treatment, and
rehabilitation of any child alleged to be in conflict with the law in each
district or group of districts, either by itself or by voluntary or non-
governmental organizations, during the time period in which inquiry is
pending.

If the State Government considers that any designated institution other

than a home founded or maintained is suitable for the temporary
reception of a child that institution may be registered as an observation
home. Through rules laid down in this Act, the State Government must
provide for the management and monitoring of observation homes,
including the requirements and different types of services to be given
through them for the rehabilitation and social integration of a child. A
child who is not put under parental or guardian’s care and sent to an
observation home shall be separated as per their gender and age, after
giving due consideration to the physical and mental health of the child
and also to the degree of the offence committed.

Special homes
Section 48 specifies that the State Government must create and
maintain, either on its own or through voluntary or non-governmental
organizations, special homes registered in any district or group of
districts as these may be necessary for the rehabilitation of those who
are found to have committed an offence and who is held there by the
order from the Juvenile Justice Board (Section 18).

Through the law, the State Government will have to provide for the
administration and supervision of special homes, including the
requirements and different kinds of services that are required for a child’s
social reintegration, and the conditions and the manner in which, the
registration of a special home may be authorized or revoked. The State
Government can also provide for the classification and differentiation of
children on the grounds of their age, gender, the severity of the offence
they had committed, and the mental and physical health of the child.

Place of safety
According to Section 49, the State Government shall create at least one
place of protection in a State registered under section 41 to locate an
individual over the age of 18 years or a child who is between 17 and 18
years of age and is suspected or guilty of having committed a heinous
crime. Every place of safety must provide various arrangements and
amenities for these children or individuals to reside throughout the
investigation process, and also for those who are convicted of committing
an offence. State government may specify the kinds of places that may
be approved as a place of protection and the facilities and services which
may be given therein.

Fit facility
A facility operated by a public agency or a charitable or non-profit entity
licensed under any statute shall be accepted by the Board or the
Committee as being capable of temporarily assuming the responsibility of
a child for the particular reason after a careful inquiry into the suitability
of the facility and the child care agency as mentioned in Section 51.

Managing Directors
Every institution shall have a management committee to be set up in the
manner specified in Section 53, to administer the institution and track
the progress of each child. The officer in charge of each institution,
housing children over the age of six, shall encourage the establishment
of children’s committees to engage in such activities as may be specified,
for the health and well-being of children in the institution.

Inspection of registered institutions

The State Government shall appoint inspection committees for the State
and districts as prescribed by Section 54, for those institutions registered
or recognized to be fit under this Act. Such inspection committees shall
undertake compulsory visits to all facilities housing children in the area
designated, at least once in every three months, in a group that at least
consists of three members, including one who shall be a woman and one
of them shall be a medical officer.

The committee shall send reports of such visits to the District Child
Protection Units or the State Governor within one week of their visit. After
the inspection committee submits the report, the District Child Protection
Unit has to take appropriate measures within one month, and a
compliance report has to be submitted to the State Government.

Conclusion
There is also a necessity for control processes in instances of adoption
and foster–care. With the co-operation and sensitization of the officials
involved, a shift can be brought in the entire infrastructure. To be
effective in recovery and to maintain the children’s well-being, daily
follow-up is important. The task of social workers is all the more
important because children need continuous assistance even after the
recovery. The main objective should be to find a loving and caring family
for each adoptable child and to ensure that the child’s ‘best interests’ are
always borne in mind. The earlier a child is adopted by alternate families,
the better it is for the child’s overall growth and progress.
Adoption

The main objective of this paper is to provide an overview of the adoption

laws present in India. Initially there was only the Hindu Adoption and
Maintenance Act, 1956 which governed the adoption laws and process in
India for Hindus, Sikhs, Buddhists and Jains. However, for the Muslims
guardianship of a child was provided through the Guardianship and Wards
Act, 1890. Later in 2000 the Juvenile Justice (Care and Protection) Act was
introduced by the government to provide efficiency to the whole adoption
process.

The JJ Act of 2015 introduced several amended laws for adoption process
to provide a suitable family to the abandoned, orphan or a surrendered
child. The adoption laws under the JJ Act were not a replacement for the
Hindu Adoption and Maintenance Act but it overtook the HAMA[1]. This
paper also aims to provide the complete valid adoption procedure and
other steps which are necessary to be followed for valid adoption. Despite
of the on-going initiatives of the government the adoption laws in India
face lacunas as well. The lacunas in the present adoption process and laws
in India are discussed here.
Introduction
'Adoption was such a positive alternative to abortion, away to save one life
and brighten two more: those of the adoptive parents.' George W. Bush.

Adoption simply means a social and lawful process under which a parent
can take responsibility of a child to raise the child as their own. Adoption
can also be considered as the foundation to build a parent and child
relationship. The legal procedure under which a parent willingly ensures to
take care of a child as their own is known as adoption. The adoptive
parents and the biological parents must follow the legal procedure strictly
so that the adoption turns out to a valid one.

Adoption amongst the Hindus including Buddhist, Sikhs and Jains forms a
subject matter of the 'Personal Law' and their adoption rights are stated
under the Hindu Adoptions And Maintenance Act, 1956. The other
religions in India namely the Muslims, Parsis and Christians have no
separate laws for adoption, which covers the concept of adoption as their
personal law. Therefore, they can approach the court for adoptive rights
under the Guardians and Wards Act, 1890 and the Juvenile Justice (Care &
Protection) Act, 2015. It is important to note that adoption can be legal or
an illegal one. Thus, the adoptive parents must abide with the laws
mentioned for a valid adoption.

Definition
Adoption is defined under section 2(aa) of the Juvenile Justice (Care and
Protection of Children) Amendment Act, 2006. As per the act adoptions is
a procedure under which a adopted child separates from their biological
parents permanently and becomes a legitimate child of the adoptive
parents entitled to all rights, responsibilities and privileges which are
available within the relationship.[2]

Adoption Laws in India

Adoption procedure is no doubt quite a lengthy process and two most
important questions which rise related to adoption are:
Who can adopt a child?
Who can be adopted?
Who can adopt a child?
According to the HAMA a male and a female holds separate legal rights to
adopt any child.

According to the HAMA

Criteria of adoption by a male (Section 7 of HAMA)
According to section 7 of the HAMA a male is eligible for adopting a child
on fulfilling the below mentioned criteria.

Only if the male is a major.

Only if the male is of sound mind that means he should not suffer from any
insanity/idiocy.
The male must take the consent of his wife before adopting a child. If he is
divorced with his wife then the consent of his wife is not mandatory but if
he is under judicial separation then the man must take his wife's consent.
The consent is mandatory to be obtained before he enters into the civil
adoption.
The consent of the spouse is mandatory, unless the court declared her
incompetent to give a free consent.

Criteria of adoption by a female (Section 8 of HAMA)

According to section 8 of the HAMA a female is eligible for adopting a child
after fulfilling the criteria mentioned below.

Only if the female is major even if she is unmarried she gets the authority
to adopt a child. If the female gets married after adopting a child in that
case she remains the real mother and her husband becomes the stepfather
of the child.
Only if she is of sound mind.
In case any female want to adopt a child then the female should be
unmarried or if she is married her marriage is dissolved or her husband is
not alive or has entirely renounced the world.
An unmarried female can adopt a child despite that she is a mother of an
illegitimate child.[3]
Therefore, for a valid adoption the above mentioned conditions must be
followed accordingly.

According to the JJ Act

The parent must be of sound mind and physically capable

A single parent or couple can adopt a child.
The adoptive parent's age criteria must be followed.
A married couple should have minimum two years of successful marriage
life.
A couple having more than two /three children are not eligible to adopt a
child.
The adoptive parent's suitability is checked by Specialised Adoption Agency
(SAA) through a home study.[4]

Adoption under Central Adoption Regulation Authority (CARA)

Any single woman can be divorcee, unmarried or a widow.

Any married couple.
A non-resident of India.
A foreign citizen.

Who can be adopted?

Adoption as per the Hindu law:

The child must be a Hindu.

The child has not been adopted earlier.
The must not be above 15 years.
The child should be unmarried

Adoption as per the JJ Act:

Any child, the child may not be Hindu.
A child not more than 18 years.
An abandoned or orphan child.

Various Indian statues mention the laws relating to adoption they are as
follows:
Adoption under the Hindu Adoption and Maintenance Act, 1956 (HAMA)
The adoption process for the Hindus including Sikhs, Jains and Buddhists
are governed through the Hindu Adoption and Maintenance Act, 1956.
However, other religions such as the Muslims, Parsis and Christians are
excluded from the HAMA. The person who can adopt and who can be
adopted are stated above.

The right of an adoptive child is considered equal as the right of a

biological child under this Act. If any parent have a biological child prior the
adoption than he/she can adopt a child of opposite gender. According to
the International law Journal a female adopting a male child, then the
female parent must be 21 years older than the adopted child. Whereas,
any male adopting a female child, in that case the male parent must be 21
years older than the adopted child. According to this Act adoption is
considered as irrevocable.[5]

The Guardians and Wards Act, 1890

The concept of adoption doesn't falls under the personal laws of people
who follow the religion of Muslims, Jews, Christians and Parsis. Under the
Guardians and Wards Act a person who desires to have a child can become
the guardian of a child until the child becomes of 21 years. Thus, this Act
doesn't offer complete adoptive rights to the parents. The Act only
provides a guardian and ward relationship to the parent and the child.
Unlike the HAMA this act doesn't gives any biological rights of the child to
the parents.[6]
The Juvenile Justice (Care and Protection of Children) Act, 2000 (JJ Act)
The definition of Adoption is mentioned under Section 2(aa) of this Act.
[7]The JJ Act was introduced by the parliament in 2000 which provides
provisions for safeguard and protection for children. The provision under
this Act applies to all religions including Hindus, Muslim, Sikhs, Buddhists,
Parsis, Jews, Jains and Christians. The JJ Act has been amended for several
times in 2006, 2015 and recently in 2021 through which the parent Act
went through major changes. With the coming of the JJ Act[8], 2015 the
adoption laws in India got whole new dimensions. The adoption provisions
stated under the JJ Act didn't replace the Hindu Adoption and
Maintenance Act, 1956 and the Guardians and Wards Act, 1890 but has
overtaken the same.

The Central Adoption Resource Authority (CARA)[9]

The Government of India set up an autonomous body to look upon the
adoption matters in India. The Ministry of social Justice and Empowerment
set up the body on June 29th 1990.CARA is responsible to look after both
inter-country and intra country adoption in India. CARA mainly deals with
the adoption of children those are orphan, surrendered or abandoned.
This autonomous body is a designated Central Authority which functions in
according to provision mentioned under the Hague Convention on Inter-
Country Adoption, 1993 which was rectified by the Indian Government in
2003.

Adoption Procedures in India

Mandatory documents required for adoption in India

A valid identity proof.

A valid marriage certificate.
A valid address proof and Indian resident proof which exceeds 365 days.
Three recent photographs of the family.
If the child is above 7 years a written consent from the adoptive child is
required.
Any known person of the adoptive family must provide two
recommendation letters. The letters should not be from the spouses.

Adoption procedure under Hindu Maintenance and Adoption Act, 1956

(HAMA)

According to the Hindu Adoption and Maintenance Act, 1956 any party
willing to adopt a child can write an application to the Child Welfare
Agency. The registration for adoption can be done through any agency
those are certified by Central Adoption Resource Authority (CARA) located
in New Delhi or through Adoption Coordinating Agency available in every
capital city of a state.
In the next stage the adoption agency conducts an interview with the
couple to know the true motives and intentions behind the adoption.
Thereafter, if the adoption agency finds good motives behind the adoption
then the party are free to decide the child they want to adopt. The party
have to file a petition at the appropriate jurisdiction court, where the court
proceeds with the adoption procedure and court hearing takes place
(within 2 months the court have to dispose of the adoption case).
Finally, the court issues the decree and the adoption procedure is finalized.
[10]

Adoption Procedure under the Guardianship and Wards Act, 1890

Under the Guardianship and Wards Act, 1890 the interested adopting
party has to file an application to the court and in such applications the
party have to mention reason for adoption and other necessary details as
asked in the application.
Thereafter, the court will set up an adoption case hearing date where the
court will examine all the evidences, documents and other requirements
as considered upon the minor's interests. (The procedure should be
disposed of by the court within two months)
After all the above procedure the court will decide whether the party
should be given the guardianship of the minor or not.
Adoption Process

Registration
At first the interested parents or party have to visit an authorized adoption
agency and register their names in the agency. The willing adoptive party
can visit a nearby agency were social workers will explain all the
procedures, documents and other necessary requirements for adoption

Home Study
After the registration of the adoptive parents are complete, in the next
process is home study and counselling. The allotted members of the
agency will visit the adoptive parent's house. Sometimes the members
may provide a counselling session for the parents to make the parents
aware of the weakness and strengths of parenting. As per the guidelines of
CARA such home study must be complete within 30 days from the
registration process.

Child's Referral
Once the child is ready for adoption the agency shall inform the adoptive
parents. The agency should disclose all the necessary information about
the child including medical reports and other relevant details. The agency
should allow the child and the parents to spent time together to create a
bond.

Acceptance by the parents

After all the parents have completed all the procedures willingly then the
adoptive parents have to sign all the required documents.

Petition Filing
After the parents have signed all the documents then the lawyer prepares
a suitable petition to present in the court. Once the lawyer is ready with
the petition accordingly he informs the parents as the petition has to be
signed in the presence of the officer.
Foster care
After the parents have signed the adoption petition in the court than the
adoptive parents can visit the foster care with the child to know more
about the child's habits from the staffs.

Court hearing
The adoptive parents have to attend the court hearing session which is
conducted between the judges and the adoptive Parents. During this
session the judge asks questions to the parents and mentions about the
amount which the parents will invest on the adopted child.

Court Orders
At last the adoption procedure ends after the adoptive parents provides
the investments to the Judge. Finally, the judge handovers the adoption
papers to the parents.[11]

Case Laws

Bhoolram & Ors v. Ramlal & Ors[15]

In this case, the main question which arose before the court was whether
the consent of all the wives is mandatory, in case the husband is living with
more than one wife during the adoption?

The court held that if by any chance a wife has been absconded to an
unknown place; in that case the wife cannot be declared or considered as
dead. Until the ingredients mentioned under section 7 is fulfilled.
Mohammed Allahabad Khan v. Muhammad Ismail Khan[16]
In this case the court declared that there is vast difference between
adoption system under Muslim law and Hindu law. Under Muslim law
acknowledgement for paternity is considered to be the closest approach
towards adoption.

Conclusion and Suggestions

The whole adoption process suffers lot of difficulties in India despite of the
various amended laws. Prior to the Juvenile Justice (Care and Protection)
Act, 2015 the adoption process and laws had lot of loopholes within it. The
adoption laws mentioned under the Hindu Adoption and Maintenance Act,
1956 had lot of discrepancies in it before the JJ Act was introduced the
revised adoption laws. However, there are still drawbacks in the adoption
procedure in India even after the introduction of the JJ Act.

Presently, the complete adoption process in India is stated as lengthy and

too time taking. The CARA must look at the process more systematically to
avoid long waiting lists for the parents. The rate of adoption in India still
stays low as compared to foreign countries. The perception of the Indians
towards adoption is a contributing reason for the low rate of adoption
process in India. Another possible reason can be the age of the child.
Mostly, adoptive parents want to adopt a child those are between zero to
two years to create a strong bond with the child.
 Admonition

Admonition
Section 3 of the Probation of the Offenders Act,1958 deals with the power
of court to release the offender after admonition. An Admonition, in literal
terms, means a firm warning or reprimand. Section 3 says how the
offender is benefited on the basis of admonition after satisfying the
following conditions:

 When any person is found guilty of committing an offence

under Section 379 or Section 380 or Section 381 or Section
404 or Section 420 of the Indian Penal Code,1860 or any offence
punishable with imprisonment for not more than two years, or
with fine, or with both, under the Indian Penal Code, or any other
law
 An offender should not previously be convicted for the same
offence.
 The Court considers the nature of the offence and the character
of the offender.
 The Court may release the offender on probation of good
conduct applying Section 4 of the Act, instead of sentencing
him.and,
 The Court may release the offender after due admonition,
instead of sentencing him.

Case laws

1. Keshav Sitaram Sali v. The State of Maharashtra, AIR 1983 SC

291 – In this case, the appellant was an employee of the
Railways at the Paldhi Railway Station. He abetted the execution
of a charcoal theft crime committed by Bhikan Murad in the case
before the Special Judicial Magistrate First Class (Railways),
Bhusawal, on the charges of charcoal stealing. The learned
Magistrate acquitted the appellant of that crime, and the State
Government filed an appeal before the Bombay High Court
against the acquittal judgment passed by the learned
Magistrate. He was charged with a fine of Rs. 500 and in default
of payment, rigorous imprisonment for two months. The subject
matter of theft was a quantity of coal valued at Rs. 8. The
Supreme Court held that in case of minor thefts, the High Court
should extend the benefit of Section 3 or Section 4 of the
 Probation of Offenders Act,1958 or Section 360 of the Code of
Criminal Procedure,1973 rather than imposing fines.

2. Basikesan v. The State of Orissa, AIR 1967 Ori 4 – In this case, a

20-year-old was found guilty of an offence under Section 380 of
the Indian Penal Code,1860. It was held that the youth had
committed the offence not deliberately and so the case must be
applied for Section 3 of the Probation Act and be released after
admonition.

3. Ahmed v. The State of Rajasthan, AIR 1967 Raj 190 – In this

case, the court said that the benefit of the Probation of the
Offenders Act does not extend to anyone who has indulged in
any activity that resulted in an explosive situation leading to
communal tension.
 Probation officers

Introduction
The Probation of Offenders Act of 1958 builds on the premise that
juvenile offenders should be stopped by counselling and rehabilitation
rather than thrown into jail by being regular offenders. The probation
officer focuses on the offender’s concern or desire, and tries to solve his
concern and aims to make the offender a productive member of the
community. Within the criminal justice system, the probation officer plays
a critical or important role. He is at the forefront of the rehabilitation of
the prisoners, he helps confess and rehabilitates the prisoners as a
decent citizen in society.

Who is a Probation Officer

A probation official is a court officer who regularly meets people
sentenced to a supervised probation period. Generally, these people are
perpetrators and lower-level criminals. The majority of the offenders
placed on probation are first time offenders. Placing any one on probation
is a way for the court to prevent offenders from incarceration. Many that
are on probation live in our neighbourhoods, stay home, are working or
participating in an educational program, and raise their children. The
justice system’s objective is to have a person who is put on probation as
a responsible member of society while retaining contact with his or her
family and community support sources. Once on probation, a person may
be ordered to engage in an evaluation of drug abuse or domestic
violence to determine if treatment is necessary. Moreover, by doing
breathalyzer or urinalysis tests, people may need to assist in tracking
sobriety. Another typical condition is for an individual to continue his/her
education and/or work.

Responsibilities of Probation Officer

A probation officer will need to meet, on a monthly or sometimes weekly
basis, their client. Based on an assessment of risk/needs, the probation
officer may decide the degree of supervision that a person requires
(minimum, medium or maximum). It helps to determine how much
assistance a person requires. Evaluations assess how a person is
engaged in a group, often referred to as their community relations. The
assessment also checks how likely another person will commit more
crimes.
Any time a probation client visits his/her probation officer, a report form
needs to be filled out. Lives of the populations also shift because of
unemployment, job gain, or divorce. Meeting with a client allows the
probation officer to see where additional support is required in order for
the client to succeed. Therefore, when a person starts at a maximum
supervisory level (weekly meetings), this does not mean that they must
remain at this level during their probationary period. Probation officers
are required to regularly revise the case plan of a probationer.

Duties of Probation Officer

Pursuant to the Offenders Probation Act 1958 – Section 14 Gives details
concerning the duties of probation officers that, subject to such
conditions and limitations as may be imposed, a probation officer is
expected to do:

1. Investigate the circumstances or domestic environment of any

person accused of an offence with the intention, in accordance
with any direction of the Court, to help the Court to determine
and report the most appropriately advised approach to his
dealing with it;
2. Supervising probationers and other persons under his
supervision and seeking suitable employment where necessary;
3. Counselling and supporting victims in the payment by the Court
of penalties or costs;

4. Advice and assist persons released pursuant to Section 4 in such

situations and manner as may be prescribed;
5. Perform the other duties prescribed as may be.
A probation agent, as laid down in Section 14 of the Act, has main
functions, such as investigation, supervision and guidance, counselling
and professional control of criminal probation. As an inspiring, guiding
and supporting probationer, this probation officer facilitates the
rehabilitation of the criminal as a law-abiding member of society.

Analysis and monitoring

To obtain information about his mistakes or achievements, a detailed
review of the life history and background history of the delinquent is
needed. In case the criminal refuses to respond favourably to the reform
procedures, a proper enquiry would require further limitations on the
rights of the criminal. To extract as much information as possible about
his antecedents, the probationer must be approached psychologically,
with the result that information is so obtained that it is possible to assess
the chances that the offender is reformed through the probationary
process. Monitoring is mainly a police function, so it would be very useful
to advise and support the research officer in this police task.

Supervision and counselling

Continuous monitoring of the work of the probationer is not necessary or
feasible. Supervision of probation can therefore only be carried out
through field visits and intermittent contacts. The Probation Officer will
fully understand and prescribe steps to resolve issues that can hinder the
re-adjustment in a society of the offender. He must actively support the
probationer in the process of his rehabilitation. The probationer does not
feel continuously pressured or controlled.

The probation officer is responsible for overseeing the probationer

according to Section 14(b) and Section 18. The probationers issued or
granted a check by the judge, i.e., have different aspects. Both human
and legal. When the court awards punishment to an offender, it must
make sure that the offender also has rights to rehabilitate and according
to ordinary human beings. Supervision is, therefore, one of the strategies
that can cure and rehabilitate the offender under the supervision of the
probation officer and protect society against the offender.

At the same time, the trial officer has a responsibility to mould the
offender’s character. There are therefore two aspects of supervision.

 The testing person must comply with the requirements of the

court. In the event that the probationer violates terms, the
check agent must report the probation order to the court. The
trial officer must maintain the balance between the offender’s
recovery and the safety of society. In this sense, he has double
work. If the probationer makes no improvement in his actions,
he would then have to act as a guardian for society.
 Second, the trial officer must accept the probationer as he is,
that is, with all his faults. He has to distinguish between cases
which require very little support and attention, those which
respond to guidance and advice and those which require close
attention, but which do not respond to his therapy.
The probation officer must establish a relationship with the offender and
create faith in him in the mind of the offender during the probationary
period. He must also construct and give him the confidence in the
offender in deciding his own course. The probation officer must stand by
him in order to provide him with appropriate guidance and suggestions
and information, which will enable him in cooperating with the probation
officer to carry out rehabilitation programs.
Probation is an alternative sentence, which the offenders selected under
the supervision of probation officers are allowed to serve a criminal
sentence within the community. A probation sentence can require a
criminal to pay fines or restitution or seek advice on substance abuse or
for problems with his or her health or family.

Probation control is one of the ways for courts to punish people who are
accused of criminal activity. Infractors undertake to the court to behave
properly, to prevent more crimes and to comply with the terms of the
warrant. Normal supervisory requirements include:

1. Being of good conduct;

2. To comply with the orders of the supervisor;
3. Information about any change of address to the supervising
officer.
Based on the circumstances of the case, additional conditions can be
imposed by the Court. Examples can contain:

1. Participation in a course of training;

2. Hostel residence; and
3. Participation in a clinic or program.
For at least six months to three years, the Court is entitled to issue a
probation order.

Link to the Court

Another major function of the probation officer is to act as a link between
the probation and the Court, as the prime duty of the probationer under
his charge is the defence of the interest. The court may require that the
terms of the probation order differ or that the probationary bond be
exercised. When he finds that the progress of the probationer is adequate
in adapting to regular life in society.

Pre-sentence report of the probation

officer
The trial officer is expected to provide a pre-sentence report with specific
details of the prisoner requested to be released by the Court on
probation, as given in Section 7 of the Probation of Offenders Act, 1958.
On the basis of this report, the judge decides and orders the sentence of
the defendant to be released upon probation. The trial officer’s pre-
sentence report must include accurate and truthful details about the
offender’s character, temperament, history in family and education, job
statistics, general circumstances and historical precedents. Impartiality
and objectivity are the two most important requirements of a pre-
sentence statement to bear witness to the history and behaviour of the
offender. Submitting a disciplinary report on the defendant as ordered by
the Court is also one of the main tasks of a probation agent. It should
include all the details of the offender as well as an evaluative summary of
the case of the offender.

 The preparation of a pre-sentence report for guidance by a

Court, to grant or not the benefit of probation, is one of the
major tasks of a PO entrusted to under Section 14 (a) of the Act.
For Section 14(a) of the Act, the PO shall submit relevant facts,
the information in the report as requested by the Court,
following inquiries into the character of a criminal, his social
circumstances, financial and other circumstances of his family.
 The case shall be outlined with a statement of facts. PO’s case
review helps the court decide the right way to deal with the
defendant after it’s identified guilty.
 The report shall, if submitted to the Court one day before its
judgment, be treated like ‘confidential’ and delivered to the
Court on the date specified therein; it shall be included in a
sealed cover.
 ̈̈If the PO determines that the probationer has matured enough
that further supervision is no longer required, he will make a
request for release of the bond in consultation with the district
probation officer.

Decision making
Whilst deciding on the probationer under his responsibility, the probation
officer should remember that his decisions are of great importance not
only for the offender but also for the safety of the community.

Probationer rehability and after care

(1) In order that the probationary officer does not resort to violence, he
shall assist with social rehabilitation. The probation officer will try to
secure the probationer for this purpose:

1. Facilities of training,
2. Opportunities for jobs,
 3. Any financial support needed, and
4. Contacts and groups such as Boy Scouts and Girl Guides, youth
programs and civic initiatives for regular citizens and co-
organizations.
In order to monitor progress in rehabilitating discharged probationers
during such periods as may be prescribed by the Chief Probation
Superintendent and to submit a follow-up report to the district probation
officer and the Chief Probation Superintendent, the Probation officer will
continue to keep contact with discharged probationers. Where
appropriate, aftercare schemes and organisations such as Nav Jeevan
Mandals, District Probation and After Care Association shall be
participating in the Probation Officer.

Appointment of Probation Officer

Section 13 of the Probation of Offenders Act states about the
appointment of Probation Officer:

1. A person appointed by or recognized as a probation officer by

the Government of the State.
2. A person to whom a company recognized on behalf of the State
Government has made provision for this reason.
3. Any other person who, according to a court, is fit to act, under
the particular circumstances of the case, as a probation officer
in an exceptional case.

Role of Probation Officer

Probation is the most important or effective method of treatment. The
probation officer can not function as a supervisor without the cooperation
of the police. It is significant for the role of the police. Two organizations
of the State are the trial officer and the police and the goals are largely
identical. The entire outdoor rehab scheme will fail because the priorities
and aims are different, as it is obvious that police will show a desire to
support probation officers.

The police have also played a key role in the rehabilitation and
socialization of the institutions’ young criminals. It is believed that the
public does not accept him when an individual is released from a
domestic institution. Society would tolerate him: otherwise, he will
engage again in anti-social activities and repetitive crimes. In this
respect, it is the duty of the police officer to restore such persons to
society and also to ensure that other agencies such as panchayat etc. are
aware of their duty to help him to socialise and carry out his ordinary
social work. In this situation, the probation officers must perform the
same form of tasks, support the offender to recover and adjust the
offenders to other members of society.

Conclusion
The Probation of Offenders Act, 1958 is very helpful especially in the
present context of prison reform, of a prison sentence that no longer
recognizes the jail sentence as the only course of care to ensure the
safety of society, is of considerable significance to the judiciary and
probation services.

The alternative punishment measure, i.e. probation and the theory of

reform penalty, can be achieved only by the cooperation of the judiciary
and the administration. This will benefit a country like India, with prisons
that are always overcrowded, with regular abuses of human rights that
harden a person’s internality.

Probation is a validation of the human being inside every being, and

priority should be granted. In the sense of current social structures, the
rehabilitation and recovery process must be structured to accomplish the
ultimate objective of returning these offenders to an orderly community.

For all suitable cases, where the concept of restorative justice has to be
enforced, it is crucial that the various criminal justice systems
organizations work together to make probation an effective method of
noncustodial care.