A Session Trial under the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 follows the

reformed criminal procedure laws aimed at improving the efficiency, transparency, and
fairness of the criminal justice system in India. Although the BNSS replaces the Indian Penal
Code (IPC), it works in conjunction with the Bharatiya Nyaya Sanhita (BNS), which
replaces the Criminal Procedure Code (CrPC), to govern trial procedures. Here’s an overview
of the session trial process under this new framework:

1. Cognizance of Offense and Commitment to Sessions Court

 Cognizable Offenses: Session trials are generally held for more serious offenses,
which are cognizable and non-bailable in nature (such as murder, rape, and dacoity).
 FIR (First Information Report): The process begins with the filing of an FIR with
the police. After an investigation is completed by the police, a charge sheet is
submitted to a Magistrate.
 Committal to Sessions Court: If the offense is triable by a Sessions Court (as
specified in the law), the Magistrate will commit the case to the Sessions Court for
trial.

2. Framing of Charges

 Upon receiving the case, the Sessions Judge examines the case file, including the
police report and accompanying evidence.
 Framing of Charges: If the judge finds sufficient grounds to proceed, charges are
framed against the accused. The accused is informed of the charges, and they are
asked whether they plead guilty or not guilty.

3. Plea of the Accused

 Guilty Plea: If the accused pleads guilty, the court may convict the accused based on
the plea and the evidence.
 Not Guilty Plea: If the accused pleads not guilty, the trial proceeds with the
examination of evidence.

4. Examination of Witnesses and Evidence

 Prosecution’s Case: The prosecution presents its case, calling witnesses and
submitting evidence. Witnesses are examined by the prosecution and then cross-
examined by the defense.
 Recording of Evidence: Under BNSS, more emphasis may be placed on digital
evidence, forensic reports, and faster handling of evidence. The court may also allow
testimony via video conferencing.
 Hostile Witnesses: Special provisions under the new code might include stricter rules
on handling hostile witnesses, possibly penalizing those who retract their statements.

5. Defense Case

 After the prosecution completes its case, the defense is given the opportunity to
present its witnesses and evidence.
 The defense witnesses are also cross-examined by the prosecution.
6. Arguments

 Final Arguments: After the evidence from both sides is submitted, final arguments
are presented. The prosecution and the defense sum up their respective cases, with the
prosecution aiming to prove the accused's guilt beyond reasonable doubt, and the
defense focusing on discrediting the prosecution’s evidence.

7. Judgment

 Evaluation of Evidence: The judge evaluates all evidence and testimony presented
during the trial.
 Judgment Delivery: Based on the evidence, the judge delivers a judgment. The
accused can either be acquitted if the prosecution fails to prove guilt, or convicted if
guilt is proven beyond reasonable doubt.
 Technology Use: The BNSS promotes the use of digital tools, including the
possibility of issuing judgments online or via electronic records.

8. Sentencing

 If the accused is convicted, the court proceeds with sentencing. The quantum of
punishment is decided based on the gravity of the offense and the
mitigating/aggravating factors.
 Sentencing Hearing: In certain serious offenses, a separate hearing for sentencing
may be held where both parties argue over the appropriate sentence.

9. Appeal

 If convicted, the accused has the right to appeal the decision in a higher court.
Appeals can be filed in the High Court or Supreme Court depending on the gravity of
the offense.
 The BNSS aims to expedite the appeals process and minimize delays.

Key Reforms Under BNSS 2023 Affecting Session Trials:

1. Speedy Trials: Provisions for stricter timelines in completing investigations,

submitting charge sheets, and concluding trials.
2. Victim-Centric Approach: More provisions to protect the rights of victims,
including ensuring timely trials and addressing victim compensation.
3. Use of Technology: Video conferencing for recording witness testimonies and other
court procedures to avoid unnecessary delays.
4. Simplified Procedures: Reducing procedural loopholes to avoid unnecessary
adjournments and delays in trials.

Conclusion:

The Session Trial under BNSS 2023 aims to retain the essence of traditional session trials,
while introducing reforms to expedite the process, ensure fairness, and reduce the procedural
bottlenecks that previously led to long delays in criminal cases. Key features include the use
of technology, victim protection, and stricter timelines for the completion of both
investigations and trials.

A Summons Trial under the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 involves
the procedure for trying less serious criminal offenses, usually classified as summons cases.
These cases are typically for offenses punishable with imprisonment of up to two years, and
the trial procedure is simpler and faster than that of more serious cases like those handled in
Session Trials.

Key Features of Summons Trials under BNSS 2023:

Summons trials are designed to handle minor offenses efficiently, ensuring that justice is
served without unnecessary procedural delays. BNSS 2023 continues to refine these
procedures to make them quicker and more transparent, focusing on a speedy resolution.

Here’s a step-by-step breakdown of a Summons Trial under BNSS 2023:

1. Issuance of Summons

 Filing of Complaint: The trial begins when a complaint is filed, either by a private
person or based on a police report (FIR) for an offense classified as a summons case.
 Issuance of Summons: Instead of arresting the accused, the court issues a summons
requiring them to appear before the court on a specified date. This is a formal notice
informing the accused that a legal case has been initiated.

2. Appearance of the Accused

 The accused appears before the Magistrate on the appointed date. Failure to appear
can lead to the issuance of a warrant if the court deems it necessary.

3. Explanation of Charges

 The charges or accusations against the accused are read out in a straightforward
manner. Since summons trials deal with less severe offenses, there is no need for a
formal "framing of charges" like in warrant or session trials.
 The accused is informed of the accusations and asked if they plead guilty or not
guilty.

4. Plea of the Accused

 Guilty Plea: If the accused pleads guilty, the court may convict them based on the
plea, and sentencing follows immediately.
 Not Guilty Plea: If the accused pleads not guilty, the trial proceeds, and evidence is
presented.
5. Trial Proceedings

 Prosecution’s Evidence: The prosecution presents evidence and witnesses in support

of the charges. The witnesses are examined, and the accused or their lawyer has the
right to cross-examine the witnesses.
 Recording of Evidence: Evidence is recorded by the Magistrate. Under BNSS 2023,
there is likely to be a more streamlined process for recording digital evidence, witness
testimony, and handling documents electronically.
 No Formal Charge Framing: In summons trials, the accused is informed of the
charges simply without formal framing, making the procedure quicker.

6. Defense

 The accused may present evidence and witnesses in their defense. This is often less
formal and extensive than in warrant or session trials.
 The defense witnesses are also subject to cross-examination by the prosecution.

7. Final Arguments

 After both sides have presented their evidence and witnesses, the prosecution and the
defense present their final arguments. These arguments sum up their cases, focusing
on the strengths and weaknesses of the evidence presented.

8. Judgment

 The Magistrate evaluates the evidence and delivers a judgment. If the court finds the
accused guilty, it pronounces the conviction. If the court finds that the prosecution has
failed to prove the charges beyond reasonable doubt, the accused is acquitted.
 Technology Use: Under BNSS, provisions may allow for judgments to be issued via
electronic records or shared online for transparency.

9. Sentencing

 If convicted, the court imposes a sentence according to the nature of the offense.
Since summons trials are for less severe offenses, the punishment is generally lighter
(imprisonment up to two years, fines, or both).
 Summary Sentencing: In some cases, sentencing may be done on the spot due to the
minor nature of the offenses.

10. Appeal

 The accused has the right to appeal the judgment in a higher court if convicted. The
BNSS 2023 is likely to include provisions for ensuring speedy appeals and reducing
the backlog of cases.

Key Reforms Under BNSS 2023 Affecting Summons Trials:

1. Speedy Disposal: Summons trials are designed to be quick, and BNSS 2023
emphasizes further reducing delays by introducing stricter timelines for case disposal.
 2. Use of Technology: The law likely promotes greater use of digital tools, including
recording testimony through video conferencing and using digital documents to
streamline the process.
3. Reduced Procedural Complexity: Since summons cases deal with minor offenses,
the trial procedure is less formal, and the process is simplified compared to more
serious trials.
4. Victim Protection: Although summons trials are for minor offenses, BNSS 2023
focuses on protecting victims’ rights and ensuring timely resolution to avoid
unnecessary suffering.

Summary of Differences Between Summons and Warrant/Session Trials

under BNSS 2023:

 Simpler Process: Summons trials do not involve complex procedures like formal
framing of charges or extensive evidence procedures.
 Faster Resolution: The emphasis is on quick resolution of minor cases to reduce the
burden on the courts.
 Less Severe Offenses: Summons trials are reserved for offenses with lighter
punishments (usually up to two years of imprisonment or fines).

Conclusion:

Under BNSS 2023, a Summons Trial retains its basic structure from the CrPC but aims to be
faster, more efficient, and victim-centric. The introduction of modern technology, simplified
processes, and stricter timelines ensures that minor criminal cases are disposed of quickly and
justly.

Summons Trials are reserved for relatively minor offenses, which are known as summons
cases under Indian law. These offenses are typically those punishable with imprisonment for
up to two years, or with fines, or both. The Bharatiya Nagarik Suraksha Sanhita (BNSS)
2023 continues to classify cases into summons and warrant cases based on the severity of the
offense, similar to the previous CrPC system.

Types of Cases that Can Be Tried Under Summons Trial

1. Offenses Punishable with Imprisonment of Two Years or Less

o Any offense for which the maximum prescribed punishment is up to two
years of imprisonment falls under the category of summons cases. These are
considered relatively minor in the eyes of the law.
2. Petty or Minor Criminal Offenses
o Public nuisance offenses, such as minor violations of public order,
disturbances in public places, etc.
o Simple assault (non-aggravated and not leading to serious injury).
o Defamation under Section 500 of the Indian Penal Code.
o Trespassing in cases where there is no serious harm or damage.
o Public intoxication or minor offenses related to substance abuse.
 o Negligent acts that do not result in grievous injury (e.g., minor traffic offenses
leading to accidents).
o Hurt as defined under Section 323 of the IPC (causing minor physical harm).
o Misappropriation of property (involving small amounts or property of low
value).
3. Economic and Property-Related Offenses of a Minor Nature
o Cheating under Section 417 of the IPC, which deals with cases where the
accused deceives someone, leading to minor loss.
o Criminal misappropriation of property (Section 403 IPC) where the
property involved is of lesser value.
o Minor thefts (such as petty thefts with small amounts of stolen property).
4. Minor Violations of Local Laws and Regulations
o Offenses related to violation of municipal or local laws, such as non-
compliance with health and sanitation regulations.
o Minor environmental offenses, such as violations of local pollution control
laws or waste management rules.
o Traffic violations, such as driving without a valid license or violating road
safety rules, where the consequences are minor.
5. Acts of Negligence Not Leading to Grievous Harm
o Cases involving negligence where the outcome doesn’t involve serious injury
or damage to property, such as minor motor vehicle accidents or negligence in
professional duties.
6. Breach of Peace and Minor Public Offenses
o Public mischief under Section 504 of the IPC (intentional insult to provoke
breach of peace).
o Obscene acts or songs in public places under Section 294 of the IPC.

Examples of Specific IPC Sections Related to Summons Trials:

 Section 323 (Hurt): Voluntarily causing hurt, punishable with imprisonment for up to
one year or fine.
 Section 294 (Obscene Acts): Obscene acts or songs in public places, punishable with
up to three months of imprisonment or fine.
 Section 341 (Wrongful Restraint): Punishable with simple imprisonment for up to
one month or a fine.
 Section 500 (Defamation): Punishable with simple imprisonment for up to two years
or a fine.

Key Characteristics of Summons Cases:

 Minor Punishments: The offenses are relatively minor in terms of punishment,

generally involving shorter jail terms or fines.
 Simple Trial Procedures: The trial process is streamlined and less formal, with
fewer procedural requirements.
 Direct Issuance of Summons: Instead of arresting the accused, the court issues a
summons to appear for trial, ensuring the process remains less coercive.
 Faster Disposal: Since these are minor offenses, the focus is on resolving the case
quickly without long trials or delays.
Conclusion:

Cases that fall under the Summons Trial procedure as per BNSS 2023 are those that involve
minor offenses, typically punishable with imprisonment of up to two years or fines. These
include petty thefts, defamation, simple assault, minor public offenses, and small violations
of local regulations. The trial process is designed to be efficient and quick, ensuring that the
accused and the court do not spend undue time on relatively minor cases.

The process to compel appearance under the Bharatiya Nagarik Suraksha Sanhita
(BNSS) 2023 (and previously under the Criminal Procedure Code, CrPC) is designed to
ensure that an accused person or witness appears before the court when required. If an
individual fails to appear voluntarily after being summoned, the court may use legal measures
to compel their attendance.

1. Summons

 Initial Step: The court issues a summons to the accused or a witness, informing them
of the requirement to appear in court on a specific date.
 Content of the Summons: It specifies the time, place, and reason for the required
appearance.
 Service of Summons: The summons is served in person, generally by a police officer
or other designated official, or via registered post.
o In some cases, the summons can also be delivered electronically (using email
or other official electronic means), especially in the context of BNSS 2023
reforms aimed at enhancing the use of technology.
 If the person summoned fails to appear without a valid reason, the court can take
further steps to compel appearance.

2. Warrant of Arrest

If a person does not respond to the summons or refuses to appear, the court can issue a
warrant of arrest. There are two types of warrants:

 Bailable Warrant:
o This is a softer measure. When a bailable warrant is issued, the person may
be released on bail after providing surety, even after being arrested.
o The goal is to ensure appearance without imposing severe consequences
initially.
 Non-Bailable Warrant:
o If the court believes that a bailable warrant will not be sufficient to ensure the
person’s appearance, or if the person has repeatedly ignored summons or
bailable warrants, a non-bailable warrant may be issued.
o In this case, the person is arrested and cannot be released on bail by the
police but must be presented before the court.

3. Proclamation for Person Absconding

  If the court believes the person is deliberately evading the legal process, it may
issue a proclamation declaring the individual as an absconder.
 Procedure:
o The proclamation is publicly read in a conspicuous place, affixed to the court
and the accused's residence, and announced in newspapers or online.
o The accused is given a certain time (generally 30 days) to surrender before the
court.
 If the person still fails to appear, they can be declared a proclaimed offender.

4. Attachment of Property

 If the person ignores the proclamation and remains absconding, the court may order
the attachment of their property.
 This involves seizing the absconder's movable and immovable assets as a way to
compel their appearance.
 This measure is taken when it becomes evident that the person is trying to avoid the
law by going into hiding.

5. Use of Force (in Serious Cases)

 In certain cases, especially when dealing with serious offenses or when the person is
involved in criminal activities or absconding for long, the court may authorize the use
of force to bring the individual to justice.

6. Bond for Appearance

 In some cases, the court may ask for a bond or surety for the appearance of the
accused or witness.
 Failure to comply with the conditions of the bond can lead to the forfeiture of the
bond money or the issuance of more severe measures like warrants.

Key Points of Reforms under BNSS 2023:

 Digital Summons: With BNSS 2023 focusing on digitization, the court may use
electronic means (e.g., email or official platforms) to issue summons and warrants,
streamlining the process and ensuring that individuals can be easily reached.
 Faster Procedure: The process to compel appearance under BNSS 2023 is likely to
involve stricter timelines for compliance and faster execution of warrants to reduce
delays in criminal proceedings.
 Greater Use of Technology: The introduction of electronic tracking and
communication could make the enforcement of warrants and proclamations more
efficient.

Conclusion:

The process to compel appearance under BNSS 2023 starts with a summons and escalates
through various legal measures such as bailable and non-bailable warrants, proclamations,
and property attachment if the person fails to comply. These measures ensure that individuals
attend court proceedings and do not evade justice.
Plea bargaining is a legal process where the accused negotiates with the prosecution to plead
guilty to a lesser charge or for a reduced sentence, rather than facing a full trial for more
severe charges. It’s a tool used to expedite the judicial process by avoiding lengthy trials,
particularly for less serious offenses. Plea bargaining was introduced in India through
amendments to the Criminal Procedure Code (CrPC) in 2005 and remains an essential part
of the criminal justice system under Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023.

Key Features of Plea Bargaining under BNSS 2023:

1. Applicability:
o Plea bargaining can be applied to less serious offenses, where the punishment
is up to 7 years of imprisonment.
o It cannot be used for:
 Offenses that involve a death penalty, life imprisonment, or those
with more severe punishments.
 Cases involving offenses affecting the socio-economic condition of
the country (like economic offenses).
 Cases where the offense was committed against a woman or a child
below 14 years.
2. Initiation of Plea Bargaining:
o The process of plea bargaining is initiated only by the accused. The accused
must voluntarily submit an application to the court, expressing the desire to
enter into a plea bargain.
o The application must include:
 A brief description of the case.
 A declaration that the application is made voluntarily and without
coercion or undue influence.
3. Court Proceedings:
o Upon receiving the application, the court holds an in-camera hearing (a
private hearing not open to the public or media) to verify that the plea
bargaining application is made voluntarily.
o The court informs the accused of the rights and implications of pleading
guilty, including the potential consequences, reduced punishment, and the
right to a fair trial if they choose not to enter into the plea bargain.
4. Negotiation Between Parties:
o The prosecution, the accused, and the victim (if involved) then discuss the
terms of the plea bargain.
o The victim’s interests are given due consideration, especially in cases
involving compensation or restitution for damages.
5. Mutual Agreement:
o Once a mutual agreement is reached, the court reviews the terms and
determines whether they are just and appropriate.
o The agreement may include:
 Pleading guilty to a lesser charge or to the original charge in exchange
for a reduced sentence.
 A commitment to pay compensation to the victim, if applicable.
6. Judgment Based on Plea Bargaining:
 o If the court approves the plea bargain, it pronounces a judgment based on the
agreed terms. The judgment includes a conviction based on the plea and the
agreed-upon sentence or penalty.
o No appeal: Once a plea bargain is accepted and judgment is pronounced, there
is generally no right to appeal the judgment in a higher court, except in cases
where the plea bargain was coerced or manipulated.

Benefits of Plea Bargaining:

1. Speedy Justice:
o It reduces the burden on courts by preventing the need for lengthy trials in less
serious cases, leading to faster case disposal.
o The accused benefits by avoiding the uncertainty and expense of a full trial
and potentially receives a lighter sentence.
2. Lesser Punishment:
o The accused often receives a reduced sentence or lesser charges in exchange
for accepting responsibility for the crime.
3. Victim Compensation:
o Plea bargaining may include terms that ensure compensation for the victim,
ensuring that the victim’s rights are considered in the process.
4. Reduced Burden on the System:
o The criminal justice system, which is often overwhelmed by a large number of
cases, benefits from the reduction in the number of cases going to trial. It
allows courts to focus on more serious cases.

Limitations of Plea Bargaining:

1. Not Available for Serious Offenses:

o Plea bargaining is not allowed in serious cases such as those involving heinous
crimes, crimes against women or children, or offenses affecting the country’s
socio-economic fabric.
2. Possibility of Coercion:
o There is a risk that the accused may feel pressured to accept a plea bargain,
even if they are innocent, to avoid the risk of a longer sentence if convicted in
a full trial.
3. Victim’s Interests:
o While victim compensation is part of the process, the victim may sometimes
feel that justice has not been fully served, especially if the accused receives a
reduced sentence.
4. No Appeal:
o Once a plea bargain agreement is reached and a judgment is delivered, there is
generally no appeal, limiting the accused’s options if they later feel that the
plea was not fair.

Plea Bargaining Procedure under BNSS 2023 (Step-by-Step):

1. Application by the Accused:

o The accused submits a plea bargaining application to the court stating their
willingness to enter into the agreement.
 2. Preliminary Hearing:
o The court holds a preliminary in-camera hearing to ensure the application is
voluntary and without coercion.
3. Negotiation:
o The accused, prosecution, and victim (if applicable) engage in negotiations to
arrive at a mutually acceptable resolution.
4. Court Review and Approval:
o The court reviews the terms of the plea bargain to ensure fairness and justice,
especially considering the victim’s interests.
5. Judgment Based on Plea:
o If the court approves, a judgment is passed according to the agreed terms. The
judgment will include the reduced punishment or compensation, as agreed.
6. No Further Appeal:
o Once a plea bargain judgment is issued, it is generally considered final, and
the accused cannot appeal against the judgment except on limited grounds like
coercion or improper procedure.

Conclusion:

Plea bargaining under BNSS 2023 is a method for resolving criminal cases in a way that
benefits both the prosecution and the accused. It speeds up the judicial process, reduces the
burden on courts, and ensures that less serious cases are resolved swiftly. It also offers an
opportunity for the accused to receive lesser punishment while providing justice and
compensation to the victim. However, it is limited to less severe offenses and is not
applicable in cases involving serious crimes or crimes against women and children.

The Juvenile Justice Board (JJB) under the Juvenile Justice (Care and Protection of
Children) Act, 2015 is a special body established to deal with matters related to juveniles in
conflict with the law. It ensures that minors, who are accused of committing crimes, are
treated differently from adult offenders, focusing on rehabilitation and reintegration rather
than punishment.

Key Features of the Juvenile Justice Board:

1. Constitution of the Board:

o The Juvenile Justice Board is composed of:
 A Metropolitan Magistrate or a Judicial Magistrate of First Class
as the principal authority.
 Two social workers, one of whom must be a woman, with experience
in child rights or child protection issues.
o The presence of a judicial officer ensures that legal procedures are followed,
while the social workers ensure that a child-centric, rehabilitative approach is
maintained.
2. Jurisdiction:
o The JJB handles cases where children aged below 18 years are in conflict
with the law.
 o The Juvenile Justice (Care and Protection of Children) Act, 2015
introduced a provision for children aged 16-18 years who are accused of
heinous offenses (punishable with imprisonment of 7 years or more) to be
tried as adults after a preliminary assessment by the JJB.
3. Procedure of the Juvenile Justice Board:
o Non-Punitive Approach: The JJB’s primary focus is on rehabilitation and
reformation rather than punitive measures. The process is designed to ensure
the child's well-being and reintegration into society.
o Informal and Child-Friendly: The proceedings of the JJB are conducted in
an informal manner, keeping the atmosphere child-friendly. The aim is to
avoid intimidating the juvenile, in contrast to regular adult courtrooms.
o Preliminary Assessment: In the case of heinous crimes (especially for
children aged 16-18 years), the JJB conducts a preliminary assessment to
determine:
 The mental and physical capacity of the child to commit the offense.
 The circumstances in which the offense was committed.
 Whether the child understands the consequences of their actions.
 If the JJB decides the child should be tried as an adult, the case is
transferred to the Children’s Court for trial under the adult criminal
justice system.
4. Inquiry Process:
o The inquiry into the offense is carried out following a procedure that
emphasizes rehabilitation rather than a trial.
o During the inquiry, the child is not kept in regular police custody or jail, but in
an observation home.
o The JJB has the power to:
 Release the child on bail (unless the child is considered dangerous).
 Transfer the child to a special home for rehabilitation.
 Recommend counseling, community service, or vocational training
programs.
o If found guilty, the juvenile may be sent to a Special Home for a maximum of
three years, where they undergo reformative measures, education, and skill
development.
5. Legal Representation:
o The juvenile is entitled to free legal aid under the Legal Services Authorities
Act, 1987.
o The child’s parents or guardians also play a crucial role in the proceedings,
and the Board ensures they are part of the rehabilitation process.
6. Rehabilitation and Social Reintegration:
o The JJB emphasizes measures for the rehabilitation and social reintegration
of the juvenile, including:
 Counseling sessions for the juvenile and family.
 Vocational training and skill development programs.
 Placement in foster care or other institutional care, if necessary.
7. No Criminal Record:
o Under the Juvenile Justice Act, once the juvenile has undergone rehabilitation
or served the corrective measures prescribed by the JJB, they do not have a
criminal record. This is to ensure that the past does not interfere with their
future opportunities.
Categories of Juvenile Offenses under the Act:

The Juvenile Justice Act of 2015 categorizes offenses committed by juveniles into three
types:

1. Petty Offenses:
o Crimes that carry a maximum punishment of up to 3 years (for adults).
o These are handled completely by the Juvenile Justice Board and usually result
in rehabilitative measures.
2. Serious Offenses:
o Offenses punishable with 3 to 7 years of imprisonment for adults.
o These offenses are also tried exclusively by the JJB.
3. Heinous Offenses:
o Crimes punishable with 7 years or more of imprisonment for adults.
o For juveniles aged 16 to 18, the JJB must assess whether they should be tried
as adults or juveniles.

Rehabilitation Measures Ordered by the JJB:

 Counseling: Psychological counseling for the child and family to address behavioral
and emotional issues.
 Community Service: Juveniles may be required to perform tasks that benefit the
community, helping them to understand the consequences of their actions.
 Education and Skill Development: The juvenile may be enrolled in educational
programs, vocational training, or other skills development initiatives to help them
integrate back into society.
 Probation: The child may be placed on probation under the supervision of a
Probation Officer.
 Special Homes: In certain cases, the juvenile may be placed in Special Homes for a
period of rehabilitation and reformation.

Role of the Juvenile Justice Board:

 The JJB acts as a child-centric legal body focused on ensuring that the minor’s best
interests are upheld.
 It helps prevent minors from being sent to adult jails and prevents their stigmatization
as criminals.
 The Board also works closely with the Child Welfare Committee (CWC) in cases
where the juvenile requires care and protection in addition to addressing legal
conflicts.

Conclusion:

The Juvenile Justice Board (JJB) under the Juvenile Justice Act, 2015 plays a vital role in
handling cases of juveniles in conflict with the law. It adopts a rehabilitative and reformative
approach, emphasizing the protection of the child’s rights, social reintegration, and
prevention of reoffending. The JJB ensures that minors are treated in a child-friendly manner
and do not suffer the long-term consequences of a criminal record, while also considering
public safety and justice for victims.
The Child Welfare Committee (CWC), as established under the Juvenile Justice (Care
and Protection of Children) Act, 2015, consists of a group of individuals tasked with
ensuring the protection and welfare of children who are in need of care and protection. The
CWC is designed to be a child-friendly institution, providing support, rehabilitation, and
reintegration services for children in distress.

Composition of the Child Welfare Committee (CWC):

1. Chairperson:
o The CWC is headed by a Chairperson, who oversees the functioning of the
committee and ensures that decisions are made in the best interest of the child.
2. Four Other Members:
o Apart from the Chairperson, the CWC consists of four other members.
o Out of these four members, at least one must be a woman to ensure gender
representation and sensitivity in handling child-related issues.
3. Qualification of Members:
o The Chairperson and members of the CWC are appointed based on their
experience, expertise, and qualifications in matters concerning children.
o Members typically include individuals who have expertise in:
 Child rights and child protection issues.
 Social welfare and child development.
 Education, law, psychology, or sociology.
 Those working in non-governmental organizations (NGOs) or
similar fields related to child welfare.
o Members should ideally have 7 years of experience in the field of child
rights, protection, or welfare.
4. Term of Office:
o The term of office for the Chairperson and members is usually 3 years, and
they can be reappointed for a subsequent term, subject to performance and
need.
5. Selection Criteria:
o Members are selected through a transparent process that includes an
evaluation of their commitment to child welfare and relevant expertise.
o The selection is generally done by the State Government, which ensures that
the CWC operates in line with the needs of the region.
6. Disqualification Criteria:
o A person is disqualified from being appointed as a member of the CWC if:
 They have been convicted of an offense involving moral turpitude.
 They have been removed or dismissed from public service.
 They are insolvent or of unsound mind.
o Members are also expected to work impartially and without conflicts of
interest, especially when making decisions related to children’s welfare.

Functions of the Child Welfare Committee Members:

  Decision-Making: The Chairperson and members work together to make decisions
about children in need of care and protection, including determining whether the child
should be placed in institutional care, foster care, or returned to their family.
 Counseling and Rehabilitation: They ensure that appropriate rehabilitative measures
like counseling, education, and skill development are provided to children.
 Monitoring Welfare: The members monitor the living conditions, safety, and well-
being of children placed under the care of the CWC, whether in foster homes,
institutions, or family environments.
 Legal Proceedings: They ensure that all actions and decisions taken by the CWC
comply with the Juvenile Justice Act and other relevant laws, especially in cases
where children are victims of abuse or exploitation.

Conclusion:

The Child Welfare Committee is a crucial institution comprising a Chairperson and four
members with expertise in child welfare. The CWC's purpose is to ensure the protection,
care, and rehabilitation of children in distress, ensuring that all decisions are made in the best
interest of the child.