JJ Act Notes Brief
JJ Act Notes Brief
• Introduction
• The Historical Evolution of Juvenile Justice Act in India
• Juvenile Justice is construed
• IPC and CrPC effect in Juvenile Justice
• Juvenile Justice System Comparison on Global level
• Juvenile Justice Act, 1986
• Juvenile Justice Act of 2000
• Applicability of the Act
• Non-applicability of any other Act for the time being in
force
• Juvenile Justice Board
• Juveniles in conflict with the law
• Process
• Children’s home
• Inspection
• Juvenile Justice Act of 2015
• Important definitions under the Act
• Important Definitions
• Rule 2.2 of the Beijing Rules mentioned
• Recent amendments in the Juvenile Justice Act Bill
2015 passed by the Lok Sabha
• Recommendations of the Justice Verma Committee
Report, 2013
• General principles of care and protection of children
• What are two categories of Children who are protected
under the Juvenile Justice
• Children in conflict with the law
• Children in need of care and protection
• What is the Institutional Care provided for the juveniles?
• Observation Homes
• Special Homes
• Children’s Home
• Shelter Homes
• What is the Non-Institutional Care provided for the
juveniles?
• Foster Care
• Adoption
• Sponsorship
• After-care Organisations
• What is the role of the police?
• Special Juvenile Police
• What is the role of state government?
• What is the role of the Juvenile Justice Board?
• What is the role of Social workers and Non-
governmental Organisations?
• Limitations
• Procedure in relation to children in conflict with the law
• Right at the time of apprehension
• Procedure to be followed
• Principle of Right to maintain privacy and
Confidentiality- Is applied when a crime is committed
and child under trial in police custody inside the juvenile
court
• Child welfare committee
• Role of the committee
• Procedure for the Committee
• Power of Committee
• Functions and Responsibilities of Committee
• Procedures to be followed for children who need care
• Procedure
• Rehabilitation and Social Reintegration
• Institutional personnel and training
• Right to be Reformed
• Narotam Singh v. The State of Punjab, AIR 1978 SC
1542; Section 27 CrPC
• Rules relating to adoption
• Meaning of Adoption
• Case Study: L.K. Pandey v. Association of India
• Orders
• Offences against Children
• Draft amendment in Rules
• How is the JJ Act in India is different from other
countries?
• The need for the legislation
• Conclusion
• Reference
Introduction
“There can be no more intense discovery of a society’s spirit
than how it treats its youngsters.”
-Nelson Mandela
– John Pitts
LawSikho Hindi
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Introduction and Overview of the Juvenile Justice Care and
Protection Act, 2015 | LawSikho Hindi
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The United Nations Minimum Rules for Administration of
Juvenile Justice of 1985 ratified by the United Nations Member
States in Beijing in 1985, also known as the Beijing Rules, set
out the rules, general principles and rules governing
investigation and prosecution, adjudication, delivery, non-
institutional treatment and institutional treatment. Two
essential concepts are explained in these principles. They are-
However, since there are very few cases of anticipatory bail for
minors, The Juvenile Justice Board finds it difficult to deliver
judgments and thus making the system of anticipatory bails in
case of minors, more time consuming than in the case of
adults.
Process
No juvenile may be housed in a police jail or in prison for any
reason. Under Section 32, the Committee, any police officer or
special juvenile police unit or designated police officer shall
conduct an investigation in the manner prescribed upon receipt
of a report and order send the child to the children’s home so
that a quick inquiry can be conducted. the worker or child
protection officer may be approved by the Committee, alone or
on the report of a person or body referred to in subsection
32(1).
Children’s home
The state government, alone or in association with one or more
voluntary organizations, may establish and maintain homes in
each district or group of districts, as the case may be, to
accommodate children in need of care and protection. during
free time. any investigation and thereafter for their care,
treatment, education, training, development and rehabilitation.
Inspection
Inspection committees may be appointed by the state
government for the state, district and city children’s homes, as
the case may be, for the period and for the prescribed
purposes. It is prescribed that the inspection committee of a
state, district or city must be composed of the number of
representatives of the state government, the local authority,
the committee, an organization volunteer and other medical
experts and social experts. The operation of children’s homes
can be monitored and evaluated by central and state
governments during the period and through the persons and
institutions designated by that government.
Juvenile Justice Act of 2015
The accompanying Act of Parliament obtained the consent from
the President on 31st December 2015 and is thus circulated for
general info. This is an Act to combine and amend the law
associated to children which are positively asserted and found
in conflict with the law and the child needs to provide care and
security by taking into account their essential needs through
legitimate consideration, assurance, advancement, treatment,
social re-mix, by embracing a child cordial approach in the
mediation and removal of issues to the most progressive
growth of the child and for their restoration through procedures
given, and organizations and bodies as mentioned in the recent
amendment of juvenile justice Act 2015 Section 1(1)(2)(3)(4)
it represents that:
Similari Contrasts
ties • A child born after birth referred
younger
1 Child than 18 to as a teen.
years. • A child may be in Conflict in Law
in needs of care and security.
fi
• A juvenile has a lower age limit
younger as per section 82 of Indian Penal
2 Juvenile than 18 Code, he must be over 7 years of
years. age.
Child in younger •
•AA child
c h i l d who
w h ofaces
f a c elegitimate
s legal
3
conflict than 18 proceedings in the allegation for
with the years. an offence.
Important De nitions
Section 2(13) of the juvenile justice act 2015 signifies a child
who is in conflict with the law and asserted or found to have
convicted an offence and not finished the 18 years of age on
the date of the delegation of such an offence.
The juvenile court ensures that the child is kept in a safe place
until the age of twenty-one.
Observation Homes
Section 8 of the Juvenile Justice Act of 2000 provides that the
state government may establish and operate observation
houses in each district or group of districts. A minor is
temporarily received in these homes. For the duration of any
investigation into them under the Juvenile Justice (Care and
Protection of Children) Act 2000, minors are detained in
observation houses. Minors are kept for a few weeks in the
observation houses for the social study of minors.
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Special Homes
Section 9 of the Juvenile Justice Act of 2000, states the state
government may establish and maintain special homes in each
district or group of districts. When the offence committed by a
minor is proven and condemned by the competent authority, it
is placed in the special home established by the state
governments. In the special home, minors are treated for a
long time or until their age ceases.
Children’s Home
Section 34 of the Juvenile Justice Act of 2000 states “The state
government may establish and maintain children’s homes in
each district or group of districts.” The children’s home is a
home where children in need of care and protection are placed
on the order of a competent authority.
Shelter Homes
According to Section 37 of the Juvenile Justice Act of 2000,
Shelters Homes as for children in need of urgent support.
Shelter homes provide children with space where they can play
and engage in creative activities. Children are engaged in
music, dance, theatre, yoga and meditation, computers, indoor
and outdoor games, etc, to spend their time productively.
These creative activities are designed to encourage meaningful
participation and interaction among peer groups.
Foster Care
Foster care is one of the non-institutional measures used for
the temporary placement of children in accordance with
Section 42 of the Juvenile Justice Act of 2000. Homeless,
abandoned, neglected and deprived children benefit from a
foster family. He replaces parents with others to provide care
outside their own home. The child is placed in foster care when
natural parents are faced with problems such as sentencing,
life-threatening illnesses and being abroad. The actual parents
pay the corresponding price.
For the orphan child who is legally free to adopt, it is the most
ideal and permanent rehabilitation. Adoption and foster care
are intended to give family life to the child, but the main
difference is that foster care is a temporary placement, even
perhaps in the long term, but that adoption ensures permanent
care without involving payment. Foster care can even be
adopted.
Sponsorship
Another type of non-institutional measure called the
Sponsorship Program provides additional assistance to families,
children’s homes and special homes to meet the medical,
nutritional, educational and other needs of children.
Sponsorship is given to improve their quality of life. There are
many types of sponsorship programs for children, such as
individual-to-individual sponsorship, group sponsorship or
community sponsorship.
After-care Organisations
The juveniles are taken care of in the organization of the
aftercare, which is a transition home, after leaving the special
homes and the children’s home. Minors in conflict with the law
and children in need of care and protection, both categories
are placed in aftercare organizations. Monitoring organizations
allow minors to lead an honest and industrious life. Follow-up
agencies are committed to the primary goal of enabling
children and youth to adapt to society. In child care agencies,
children and adolescents are motivated to stay in the wider
society of their lives in institutional homes.
Within six months of the entry into force of the Juvenile Justice
Act of 2015, state governments must also register all
institutions, whether administered by the government or an
NGO and are destined in full. or partly to housing children.
Whether they receive government subsidies or not, institutions
are required to register with the state government. A
provisional registration certificate to the institution within one
month from the date of the application should be issued by the
state government. A penalty for non-registration in a child care
facility may be up to one year in prison or a fine of at least Rs.
1 lakh.
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Limitations
It has been speculated that the institutional set-up required
under the Juvenile Justice Act has not been built up completely
and district-level institutions generally lack the infrastructure
and staff to adequately execute it. This hampers the work of
fi
the rehabilitative and reformative programs leads to
disappointment in accomplishing goals of restoration and
reintegration work. There has been practically nil spotlight in
organizing rehabilitative plans. Also, the role of the staff is not
under satisfaction. There is a lack of coordination between staff
and children. This leads to fewer opportunities for children to
showcase their talent and skill and health issues of workers to
implement certain roles and duties.
Procedure to be followed
• Not send a child to a police officer lock-up and not delay
the child being transferred to the Child Welfare Police
Officer from the nearest police station. The police officer
may under sub-section (2) of section 12 of the Act send
the person apprehended to an observation home only for
such period till he is produced before the Board i.e. within
twenty-four hours of his being apprehended and
appropriate orders are obtained as per rule 9 of these
rule.
• Do not handcuff, neither put a chain or fetter around the
ankles of a child and do not exert any coercion or force.
• Inform the child promptly and directly of the charges
levelled against him through his parent or guardian and if
a First Information Report (FIR) is registered, copy of the
same shall be made available to the child or copy of the
police report shall be given to the parent or guardian.
• Provide appropriate medical assistance, assistance from
an interpreter or a special educator, or any other
assistance which the child may require.
• Not compel the child to confess his guilt and he shall be
interviewed only at the Special juvenile Police Unit or at
child-friendly premises or at a child-friendly corner in the
police station, which does not give the feel of a police
station or of being under custodial interrogation. The
parent or guardian may be present during the interview of
the child by the police.
• Not ask the child to sign any statement.
• Inform the District Legal Services Authority for providing
free legal aid to the children.
Principle of Right to maintain privacy and
Con dentiality- Is applied when a crime is
committed and child under trial in police custody
inside the juvenile court
Further, Section 24(2) of the act mentions that the board shall
order and direct the Police, or through children’s court that the
relevant records of such conviction shall be destroyed after the
expiry of the period of appeal from the registry or, as the case
may be, a reasonable period as may be prescribed. Provided
that in case of a heinous offence where the child is found to be
in conflict with law under clause (i) of section 19, the relevant
records of conviction of such child shall be retained by the
Children Court.
Sec (9): The Committee will work as a Bench and will have the
forces given by the Code of Criminal Procedure, 1973 (2 of
1974) on a Metropolitan Magistrate or, by and large, a judicial
Magistrate of First Class.
Power of Committee
Section 29 deals with the Power of Committee:
(1) The Committee will have the position to discard cases for
the consideration, security, treatment, improvement, and
recovery of youngsters needing care and insurance, just as to
accommodate their essential needs and assurance.
(2) Where a Committee has been comprised for any zone, such
Committee will, despite anything contained in some other law
until further notice in power, however spare as in any case
explicitly given right now, the ability to manage all procedures
under this Act associated with children needing care and
security.
Procedure
A child needing care and security is to be present before the
Child Welfare Committee inside 24 hours. To accommodate
youngsters isolated from his/her family. By announcing it has
been treated as a culpable offense. The Child Welfare
Committee is to send the kid needing care and security to the
suitable Child Care Institution and direct a Social Worker, Case
Worker or the Child Welfare Officer to lead the social
examination within 15 days. The Child Welfare Committees will
meet at least 20 days in a month and the District Magistrate
will direct a quarterly survey of the working of the Child
Welfare Committee.
A youngster needing care and security will be set in a
Children’s Home for care, treatment, guidance, preparing,
advancement, and restoration. The Act accommodates Open
Shelters for Children needing network support on the
momentary reason for shielding them from misuse or getting
them far from an actual existence in the city. The Child Welfare
Committee could perceive an office to be a fit facility to
incidentally assume the liability of a youngster. The Specialized
Adoption Agency is to deal with the recovery of vagrants,
deserted or gave up kids.
The media and the public shall be informed about the reasons
that lead to women’s entrapment in the criminal justice system
and the most effective ways to respond to it, in order to enable
women’s social reintegration, taking into account the best
interests of their children.
Right to be Reformed
The juveniles who are alleged and found committed an offence
shall be reformed by restorative justice, deserving
rehabilitation and social reintegration than punitive and
retributive punishments. Awarding punitive and retributive
punishments to the children prevents society from moving on.
Children are presumed innocent and immature to understand
the consequences of crimes. Therefore, they must not take
responsibility for criminalization. The traditional objective of
criminal justice, retribution and repression must be given
away.
Orders
Proposed adopters are permitted to take the child with them
and in the application mentioned the details of the child taken
for adoption- The Proposed adopters are proclaimed as the
new parents of the said minor child having rights of parent’s
privileges, benefits, and obligations.
Adoptive guardians should take the child out of the ward of the
court where all legal proceedings are going on and take the
child to their new home. The Municipal Corporation issued birth
certificates to the minor child referencing the proposed
adopters as guardians of the child.
• Table 2
Country The age in which Juvenile can be
United States of tried as an
From the ageadult
of 13 years
America 17 years in England, Wales and
United Kingdom
Northern Ireland, 16 years in Scotland
The juvenile can be treated as an adult
South Africa
from the age of sixteen years
France The age of being an adult is sixteen
The age of the juvenile who will be
Canada
treated as an adult is fourteen years
Germany At the age of fourteen years.
India (Juvenile From the age of sixteen in the case of
Justice Act 2015) heinous crimes
• Table 3
Country Type of offences for which the minor can
United be tried
aggravated sexual abuse, murder, assault,
States of robbery, firearms offences, and drug
America
United Murder, rape, causing any explosion likely to
Kingdom endanger life or property
South robbery, murder, rape
Africa
France Armed robbery, murder, rape and drug offences
Canada Serious bodily harm to any person, murder, and
aggravated sexual assault
Abuse of persons who are incapable of
Germany
resistance, or sexual abuse, or child abuse
India leading
“Serioustooffence
death (punishment 3-7 years e.g.
(Juvenile cheating, counterfeiting) or heinous offence,
Justice (punishment more than seven years e.g.
Act 2015) murder, rape, robbery)”