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(CARE ANDPPROTECTION
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- 600028.
028.
Website:www.tnsja.tn.gov.in
Website: www.tnsja.tn.gov.in AACT
CT, ,2015
2015
E-Mail:tnsja.tn@nic.in
E-Mail: tnsja.tn@nic.in/ /tnsja.tn@gmail.com
tnsja.tn@gmail.com

REGIONALCENTRE,
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LET ME BE A BUTTERFLY!

THE JUVENILE JUSTICE (CARE AND PROTECTION) ACT, 2015

STUDY MATERIAL
SEPTEMBER 2021

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JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT,

2015
Study Material
September 2021

Prepared by: The Directors

Research Assistants
and Staff,
Tamil Nadu State Judicial Academy,
No.30/95, P.S.K.R. Salai, R.A. Puram, Chennai – 600 028
Phone Nos. 044– 24958595 / 96 / 97 / 98
Fax: (044) 24958595
Website: www.tnsja.tn.gov.in
E-Mail: tnsja.tn@nic.in / tnsja.tn@gmail.com

Disclaimer: Although due care and caution have been taken to avoid any mistakes or omissions while
editing, printing or publishing this material, the readers are advised to verify its correctness from the full text
of the concerned Gazettes, Judgments or Journals. The Academy will owe no liability for the consequences of
any action taken on the basis of this publication. The circulation of the publication is subject to the aforesaid
terms and conditions.

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TABLE OF CONTENTS

Foreword by the Hon’ble the Chief Justice, High Court Madras iii

Foreword by The Hon’ble Mr. Justice T.S. Sivagnanam, Judge, High Court of Madras iv

Foreword by The Hon’ble Mr. Justice P.N. Prakash, Judge, High Court of Madras v

Table of Cases viii

PART 1: Introduction 1

Importance of Child Rights 2

The Need to have Child Specific Laws 3

POCSO Act, 2012 and Juvenile Justice Act, 2015 3

Statistical Data from Tamil Nadu Crime Review 2020 4

Consolidation of Juvenile Justice Cases Statistics as on 31.07.2021 6

PART 2: Socio-economic and Psycho-social Factors Leading to Juvenile Delinquency 9

Psycho-social Aspects of Juvenile Delinquency 9

Poverty as a Factor 15

Literacy and Juvenile Delinquency 16

PART 3: Legislative History 19

Backdrop of Juvenile Justice 19

The Age of Distinguishing Juveniles as Delinquent Children and Neglected Children 19

Post-independence Scenario 20

Need for a Centralized Legislation 20

Juvenile Justice in the New Millennium 21

Recommendations of the Justice Verma Committee Report, 2013 22

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Juvenile Justice (Care and Protection) Act, 2015 - Highlights 22

2021 Amendment to the JJ Act, 2015 23

PART 4: Juvenile Justice (Care and Protection of Children) Act, 2015 - Overview 26

Constitutionality of Juvenile Justice Act, 2015 26

CHAPTER I: Preliminary 27

CHAPTER II: General Principles of Care and Protection of Children 31

Chapter III: Juvenile Justice Board [JJB] 33

CHAPTER IV: Procedure in Relation to Child in Conflict with Law 42

CHAPTER V: Child Welfare Committee [CWC] 62

CHAPTER VI: Procedure in Relation to Children in Need of Care and Protection 67

CHAPTER VII: Rehabilitation of Child in Conflict with Law 79

CHAPTER IX: Other Offences against Children 85

CHAPTER X: Miscellaneous 96

Part V: Strengthening The System Through Stakeholders 114

Stakeholder Table 114

Role of Police 115

Access to Legal Aid for Children 115

Role of advocates in furthering the Right to Legal Aid 116

Programme Schedule 117

References 118

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TABLE OF CASES

Cases Citation

Abuzar Hossain Vs. State of W.B. (2013) 1 SCC (Cri.) 83

Ajith Kumar Vs. State 2016 SCC OnLine Mad 4351

Amrinder Singh Vs. State of Haryana 2016 SCC OnLine P&H 893

Anil Kumar Vs. State of U.P. 2007 Cri LJ 200

Anita Kumari Padam Singh Vs. State of Rajasthan 2017 Cri LJ 2480

Ankush Shivaji Gaikwad Vs. State of

(2013) 6 SCC 770
Maharashtra

Arnit Das Vs. State of Bihar (2000) 5 SCC 488

Arun Vs. State of Karnataka 2019 SCC OnLine Kar 3089

Bachpan Bachao Andolan Vs. Union of India AIR 2017 SC 754

Bachpan Bachao Andolan Vs. Union of India (2016) 13 SCC 683

Bhim Singh Vs. State of Jammu & Kashmir AIR 1986 SC 494

Bhramanand Mishra Vs. PIO, KVS Lucknow MANU/CI/0205/2016

Chandavarkar Sita Ratna Rao Vs. Ashalata S.

AIR 1987 SC 117
Guram

Chattar Singh Vs. Subhash 176 (2011) DLT 356

Court on Its Own Motion Vs. Dept. of Women and

WP(C) No. 8889 of 2011
Child Development

Court on its Own Motion Vs. State 2018 SCC OnLine Del 10301

D. Sudhakar Vs. Panapu Sreenivasulu 2013 CriLJ 2764

Dr. Jacob George Vs. State of Kerala 1994 SCC (3) 430

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In re., Exploitation of Children in Orphanages (2017) 7 SCC 578

Gangajali Education Society Vs.Union of India (2017) 16 SCC 656

Geetanjali Dogra Vs. State 2019 SCC OnLine Del 10009

Gopinath Ghosh Vs. The State of West Bengal AIR 1984 SC 237

Hari Krishnan and State of Haryana Vs. Sukhbir

(1988) 4 SCC 551
Singh

Hasham Abbas Sayyad Vs. Usman Abbas Sayyad (2007) 2 SCC 355

Jaya Mala Vs. Home Secretary, Government of

AIR 1982 SC 1297
Jammu & Kashmir

Jayan K.S. Vs. Manju S. 2021 SCC OnLine Ker 1539

K. Vignesh Vs. State 2017 SCC OnLine Mad 28442

CRM-790-MA-2010 (O&M) March 18,

M/s Tata Steel Ltd. Vs. M/s Atma Tube Products
2013

Manju Bhatia Vs. N.D.M.C. AIR 1998 SC 223, 1998

Manoj @ Kali Vs. State(NCT of Delhi) 2006 Cri LJ 4759

Maru Ram Vs. Union of India 1980 AIR 2147

Naisul Khatun Vs. State of Assam & Ors. 2011 Cri LJ 326

Parag Bhati Vs. State of U.P. (2017) 3 SCC (Cri) 819

Paschim Bangal Khet Mazdoor Samity Vs. State of

(1996) AIR SC 2426
West Bengal & Ors.

People’s Union for Democratic Rights Thru. Its

Secy. Vs. Police Commissioner, Delhi Police (1989) 4 SCC 730
Headquarters

People’s Union for Democratic Rights Vs. State of

1987 SCR (1) 631
Bihar

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Prahalad Gaur Vs. State of U.P. 2009 Cri LJ 153

Pratap Singh Vs. State of Jharkhand (2000) 5 SCC 488

Praveen Kumar Maurya Vs. State of U.P. 2011 Cri LJ 200

Priya Yadav Vs. State of M.P. 2017 (2) MPLJ 404

Crml Anticipatory Bail Appln No. 2143 of

Priyanka Nikam Vs. State of Maharashtra
2016, 15th December, 2016

Puneet S. Vs. State of Karnataka 2019 SCC OnLine Kar 1835

Ram Phal Vs. State 2019 (5) ADJ 649

Ramachandran Vs. The Inspector of Police 1994 CriLJ 3722

Rohtash @ Pappu Vs. State of Haryana No. 250 of 1999 1.4.2008

(2018) 4 SCC 433 (Paras – 47-51, 64-78,

Sampurna Behura Vs. Union of India
94.4-94.8)

Sanjeev Kumar Gupta Vs. State of U.P. (2019) 12 SCC 370

Shah Nawaz Vs. State of U.P. & Anr. (2011) 13 SCC 751

Sheela Barse Vs. Union of India (1986) 3 SCC 632

Shilpa Mittal Vs. State (NCT of Delhi) (2020) 2 SCC 787

State of Himachal Pradesh Vs. Happy 2019 SCC OnLine HP 700

Subramanian Swamy Vs. Raju (2014) 8 SCC 390

Suresh Vs. State of Haryana AIR 2015 SC 518

Suresh Raj Purohit Vs. Director, Vigilance & Anti-

2017 (2) KHC 853
Corruption Bureau

Thankamma Nelliyaniyil Vs. State of Kerala 2017 SCC OnLine Ker 10962

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PART 1
INTRODUCTION

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PART 1: INTRODUCTION
The famous proverb, “It takes a village to raise a child” rings true to this day. Even
as we claim that children are the future of our nation, there are significant lapses in
ensuring justice to the child. When a child goes astray, it reflects the neglect of
society. Thus, a child in conflict with the law, should be seen not merely as a trouble
maker who needs to be punished, but as a victim of failed social responsibility. Just
like a child victim, the child in conflict with law too, is in dire need of care and
protection, through legislative and judicial intervention.

Importance of Child Rights

Importance of child rights can be primarily connected to the doctrine of parens
patrie. It is important to cater to the basic needs of children through proper care,
protection, development, treatment, and social re-integration. This is only possible
by adopting child friendly approaches and mechanism that is in the best interest of
children.

Children are small but they are entitled to big rights. We often argue on the grounds
of inter-generational equity that, “we must leave a better planet for our children”. It
is equally important that, we also leave better children for our planet. Therefore,
child should not be denied the care and protection guaranteed by law.

The JJ Act, 2015 is a significant piece of legislation on this aspect. It recognizes the
socio-legal and economic issues of our children. The underlying philosophy is that, if
a child has gone astray it is the parents who have failed. The JJ Act 2015 attributes
responsibility upon the Court as a constructive parent. The duty of the court is not
to blame the child, but to identify and treat the delinquency of the child. The heart
of JJ Act, 2015 envisaged a ‘healthy social reconstruction of childhood’. Children
should come in minimum contact with the edges of the system and such contact
should result in a positive impact over the children. The JJ Act, 2015 tends to create
an inclusive and enabling environment to children reducing the vulnerabilities they
face in life. It is important to have child specific laws in India.

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The Need to have Child Specific Laws

1. Recognition of the inherent dignity, equal and inalienable rights of children in the
family keeping in mind freedom, justice and peace.
2. To promote social progress of children.
3. Not to discriminate children on the basis of race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth or other status.
4. To give children special care and assistance.
5. To holistically equip children to be responsible citizens.
6. To embrace harmonious development of children, by developing personality,
family environment, creating an atmosphere of happiness, love and
understanding.
7. To equip children to be fully prepared to live an individual life in society.

POCSO Act, 2012 and Juvenile Justice Act, 2015

These two laws are considered vital to the protection of children in India. These two
legislations are complimentary to each other. The POCSO Act, avows to protect
children from offences such as sexual assault, sexual harassment and pornography
and to penalize any person who commits offences such as “sexual harassment”,
“sexual assault”, “penetrative sexual assault”, and “aggravated penetrative sexual
assault”. A person commits “sexual harassment” if he uses words or shows body
parts to a child with sexual intent, shows pornography to a child or threatens to
depict a child involved in sexual act through the media would be offence committed
under this Act. This shall be reported to either the local police or the Special
Juvenile Police Unit who has to report the matter to the Special Court within 24
hours. The police also have to make special arrangement for the care of the child. In
case a person fails to report a case, he shall be penalized. These are the key
relationship between the two legislation that tend to, protect the interests of
children (both as a victim and as an offender).

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Statistical Data from Tamil Nadu Crime Review 2020

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Consolidation of Juvenile Justice Cases Statistics as on 31.07.2021

A: Total no. of cases pending in Juvenile Justice Board
B: No. of Cases pending under Serious Offences
C: No. of Cases pending under Heinous Offences
D: No. of Cases Pending under Preliminary Assessment Stage
E: No. of Cases pending under Other Offences against Children

S.No DISTRICT A B C D E
1 ARIYALUR 122 52 50 NIL 20
2 CHENNAI 110 37 42 6 NIL
3 COIMBATORE 227 60 40 5 118
4 CUDDALORE 183 42 80 34 61
5 DHARMAPURI 65 8 28 9 29
6 DINDIGUL 85 25 46 6 14
7 ERODE 189 47 47 02 95
8 KANCHIPURAM 203 78 92 40 30
9 KANYAKUMARI 168 71 45 7 52
10 KARUR 46 26 1 1 NIL
11 KRISHNAGIRI 44 8 26 2 10
12 MADURAI 225 62 149 111 14
13 NAGAPATTINAM 71 32 22 NIL 17
14 NAMAKKAL 76 29 34 2 11
15 NILGIRIS 58 19 12 26 1
16 PERAMBALUR 47 15 28 NIL 5
17 PUDUKKOTTAI 65 51 11 NIL 3
18 RAMANATHAPURAM 113 51 29 NIL 33
19 SALEM 156 31 68 0 57
20 SIVAGANGA 266 194 90 7 30
21 THANJAVUR 102 24 47 15 31
22 THENI 172 1 7 0 0
23 THOOTHUKODI 400 129 160 160 111
24 TIRUCHIRAPPALLI 212 60 96 NIL 56
25 TIRUNELVELI 307 133 62 NIL 112
26 TIRUPPUR 114 25 31 2 58
27 TIRUVALLUR 76 14 44 8 18
28 TIRUVANNAMALAI 74 14 38 5 22
29 TIRUVARUR 96 20 29 29 18
30 VELLORE 121 23 81 8 17
31 VILUPPURAM 372 170 155 131 0
32 VIRUDHUNAGAR 247 39 156 1 52
33 U.T of PUDUCHERRY 207 106 50 21 -
34 KARAIKAL 44 6 6 1 3
35 YANAM NIL NIL NIL NIL NIL
36 MAHE 8 NIL NIL NIL NIL

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Total No. of Pending Cases in Juvenile Justice Board: 5071

No. of Cases pending under Serious Offences: 1702
No. of Cases pending under Heinous Offences: 1902
No. of Cases Pending under Preliminary Assessment Stage: 639
No. of Cases pending under Other Offences against Children: 1098

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PART 2
SOCIO-ECONOMIC AND PSYCHO-SOCIAL FACTORS
LEADING TO JUVENILE DELINQUENCY

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PART 2: SOCIO-ECONOMIC AND PSYCHO-SOCIAL FACTORS LEADING TO JUVENILE

DELINQUENCY

Children coming before the Juvenile Justice System face the greatest challenge in
their tender age, yet their predicaments are frequently overlooked. Mis-handling of
children by the police is one common issue concerning the Juvenile Justice System.
Children grieve in the framework for quite a long time, either as inhabitants of
decrepit detention facilities without access to mainstream schooling and education,
or as the subject of unlimited procedures that draw them away from training or
work.

Psycho-social Aspects of Juvenile Delinquency

This Chapter gives a key for the readers to understand the importance of psycho-
social aspects which play a critical role on children in conflict with law. Studies have
been conducted worldwide over the correlation of psycho-social aspects leading to
juvenile delinquency. This part shall give some snippets of certain relevant studies
and hypothesis framed by researchers working over this inter-discipline worldwide.

An investigation was made on the psycho-societal causes of juvenile delinquency in

Turkey. The researchers concluded that, “Crime is a phenomenon that has
continued since the emergence of civilisation. The phenomenon of child being
dragged into crime has been widely used in our country's agenda. It is clear that
children are victims rather than perpetrators.” 1

According to JPB Starker, a researcher from Zimbabwe, “the key factors in

preventing delinquency are, father's discipline, mother's supervision, father's
affection, mother's affection, and family cohesiveness.” Shortcomings in any of
these may produce personality disorders falling short of mental illness according to

1
Aslı Yayak, Burcu Turk, Nurcan Hamzaoglu, A Psycho-Social Investigation On The Causes Of Juvenile
Delinquency, International Journal Of Humanities And Social Development Research, Volume 3, No 2, 2019,
50-64

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him. 2 According to the Journal of Adolescence, research findings indicate that,

“there are multiple causal-pathways to delinquency”. 3
According to Prof. Cyril Burt 4, “Delinquency is due to a great multiplicity and wide
variety of alternative and convergent influences. Main causes of the majority are
"personal," the most significant being, "first, the mental dullness, which is not
severe enough to be called deficiency, and secondly, the temperamental instability
which is not abnormal enough to be considered pathological. Among social
conditions by far the most potent is family life, and next to it, the friendships formed
outside the home. These four conditions are paramount … Conduct and misconduct
are always, in the last analysis, the outcome of mental life," (3) the pre-school age
is of fundamental importance for moral character and temperamental balance: (4)
treatment for delinquency already entered upon must be individual, and mass
treatment of offenders by inexpert persons is futile.” 5

Researchers J. Cotter Hirschberg, and Joseph Noshpitz, comment that, “to

understand the total problem of juvenile delinquency, we must examine the problem
in its two aspects. First, from our understanding of the individual delinquent whose
family background promotes the expression of emotional conflict in socially
unacceptable ways, and second, from our knowledge of the group delinquent whose
adolescence takes place under such social and community conditions that he has
small chance to achieve a normal resolution of his dependency without using the
delinquent group.” 6

According to Vladimir Zubenko, a Russian Researcher, “the legal nature of using

enforcement measure for educational influence by way of placement of any
delinquents in closed fostering institutions with regard to minor offenders, should be
done only by analysing role of legal discretion for such relief to minors from
2
JPB Starker, Zimbabwe Law Journal (1966)
3
Journal of Adolescence Vol. 22, pp. 95-107 (1999)
4
Sir Cyril Lodowic Burt, 3 March 1883 – 10 October 1971, an English educational psychologist and geneticist
5
Cyril Burt, The Young Delinquent (1925)
6
J. Cotter Hirschberg, M.D. And Joseph Noshpitz, M.D., Topeka, Kan., Comments On Socio-psychological
Aspects Of Juvenile Delinquency, (2015)

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such punishment and considering the strained relationships between

children with parents when minors are otherwise isolated from society. The
United Nations Rules for the Protection of Juveniles Deprived of their Liberty (1990)
dictates the following: The deprivation of liberty means any form of detention or
imprisonment or the placement of a person in a public or private custodial setting,
from which this person is not permitted to leave at, will, by order of any judicial,
administrative or other public authority.” 7

Researchers Arnold Leunes, Anthony Bourgeois & Rosario Grajales from United
States in 1996 conducted a study which is very relevant for the present day, “Four
violent juvenile offenders from a local correctional facility spoke to a class of U.S.
undergraduates studying abnormal psychology. Two weeks later, the students
attended a tour sponsored by the correctional facility that had provided the
speakers. The results of a semantic differential scale administered both before and
after the talk and tour indicated that the students' attitudes became significantly
more positive for the 3 dimensions assessed by the scale: juvenile delinquent, state
correctional facility for juvenile delinquents, and treatment staff for juvenile
delinquents. The talk and the tour appeared to be equally effective in bringing about
positive changes in the students' attitudes.” 8

Researchers P.S. Hundal and H.S. Brar, measuring the impact of reformatory
education on the manifest behavior and some psycho-social aspects of juvenile
delinquents presented a study from India, “In Punjab there are two Borstal
institutes, one at Faridkot and the other at Hissar. The main objective of these
institutes is to reform juvenile delinquents referred to them by the courts. In order
to achieve their objectives the Borstal authorities have set up a rigorous daily
routine of 12-14 hours for the inmates. The general pattern of this routine in

7
Vladimir Zubenko, On The Question Of The Relief Of Minors From Punishment Through Placement In Closed
Fostering Institutions: Some Aspects Of Juvenile Criminal Policy In Russia (2013)
8
Arnold Leunes , Anthony Bourgeois & Rosario Grajales (1996) The Effects of Two Types of Exposure on
Attitudes toward Aspects of Juvenile Delinquency, The Journal of Social Psychology, 136:6, 699-708, DOI:
10.1080/00224545.1996.9712246

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summer is: one hour for morning toilet, two hours for morning and evening meals,
two hours morning and evening games, one hour rest in the afternoon, two hours
formal teaching in school, and six hours work in a factory or on a farm. In winter the
programme is practically the same except that there is no provision for the
afternoon rest and evening games. On Sundays and other holidays the inmates have
full freedom to utilize their time while remaining on the premises of the institute.
Those who show good progress in their day-to-day behaviour are given supervisory
duties in the factory or farm. Those who show good progress in their studies are
provided with facilities to work as private candidates for higher examinations of
Punjab University. It is also important to point out that the Superintendent in charge
of the institute and his colleagues are given short-term orientation courses before
they are appointed to their jobs.” According to them, the functioning and
effectiveness of these institutes, has not so far been scientifically evaluated. Such
evaluative studies are little in number not only in India, but also in the West
(Jurjevich, 1966). This study was a step in supplying evaluative data, and its first
phase is designed to measure the impact of reformatory education on the manifest
behaviour of juvenile delinquents. In the second phase a new group therapy
programme was tried on the inmates of the reformatory institute with a hope of
accelerating the progress of this group. The effects of the group therapy programme
were also evaluated. The investigation was limited to certain measurable aspects of
behaviour, such as delinquency proneness, manifest behavioural difficulties, and
attitudes towards institutionalization concluded the researchers. 9

Peter M. Heyns, Hermanus G. Van Niekerk and Johan A. Le Roux, from University of
Stellenbosch, in their article on Moral Judgment and Behavioural Dimensions Of
Juvenile Delinquency, found that, “the relationship of levels of moral reasoning to
behavioural dimensions of juvenile delinquency was investigated, using 162
delinquent boys in a reformatory. The delinquents with anti-social ego-centristic

9
P. S. Hundal, H. S. Brar, Measuring The Impact Of Reformatory Education On The Manifest Behavior And
Some Psycho-Social Aspects Of Juvenile Delinquents, Int. Rev. App. Psychol. (1971), Vol. 20, No. 2

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tendencies did not display lower principled morality scores. Therefore,

understanding moral development indices could differentiate between
delinquents.” 10

Developmental levels of moral reasoning and juvenile delinquency are as follows:

 The morality of obedience: 'You do what you're told.'
 The morality of instrumental egoism and simple exchange: 'Do your own
thing.'
 The morality of personal concordance: 'Be considerate, nice and the morality
of rules and duty to the social order: 'everyone in society is obligated and
protected by the law.' Be kind and you'll get along with people.'
 The morality of social contract: 'The greatest good for the greatest number.'
 The morality of the principles of ideal social cooperation.

On the Psychiatric Aspects of Juvenile Delinquency, the causative factors of not only
juvenile delinquency but of criminality were looked into. Discussing the etymology of
delinquency, disturbances in the psychological development of the personality and
the psychological common denominator of delinquency can be found in the "feeling
of insecurity to which any criminal tendency, from whatever source, gives rise," and
that guilt leads to more anxiety, thereby completing the vicious circle of anxiety,
aggression, guilt. 11

10
Peter M. Heyns, Hermanus G. Van Niekerk And Johan A. Le Roux, Moral Judgment And Behavioral
Dimensions Of Juvenile Delinquency, University Of Stellenbosch, Int. J. Adv. Couns 4:139-151 (1981)
11
Psychiatric Aspects of Juvenile Delinquency, Lucien Bovet Review by: Marcel Frym The Journal of Criminal
Law, Criminology, and Police Science, Vol. 43, No. 2 (Jul. - Aug.,1952), p. 231 Published by: Northwestern
University Stable URL: http://www.jstor.org/stable/1139277

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Data from Tamil Nadu Crime Review 2020

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Poverty as a Factor

Ms. Abhinanda Choudhury and Dr. M. Sreedevi Xavier in their article on Juvenile
Delinquency in India: A Socio-Psychological Analysis, discuss that, “If the child does
not get love, affection and support from the parents or the child is rejected then it is
definitely going to lead to some kind of delinquency. Economically poor families can
hardly provide the material needs of the children. Deprived of such needs drive
children to secure them through wrong means. The people from the under
privileged caste group are poor compared to other caste groups. Some of the ethnic
groups suffer from dis-crimination. They are deprived of the rights by the
government and also other citizens of the nation. They are also deprived of
guidance from their parents as well as from teachers as many do not even
experience schooling. Thus, poverty leads to more delinquent behavior.” 12

Kavita Sahmey, A Study on Factors Underlying Juvenile Delinquency and Positive

Youth Development Programs, finds that “Due to the immaturity of the child, he/she
easily gets motivated by what he/she sees around him/her. It is the environment
and social context that provokes his actions. In a developing country like India,
juvenile crimes are steadily rising due to the persistent poverty, unemployment,
inequalities and changing values, etc., inspite of these factors that are shown on the
television, media, increasing population, adverse effects of peer pressure, lavish
lifestyle, too much freedom from the parents, social maladjustment, and family
disintegration. Juvenile delinquency is a problem which despite of different and
varied cultural backgrounds is found with common characteristics universally...” 13

Poverty is one of the significant factors behind juvenile delinquency. The vast
majority of delinquents originate from underprivileged families. They submit their

12
Ms. ABHINANDA CHOUDHURY, DR. M. SREEDEVI XAVIER, Juvenile Delinquency in India: A Socio-
Psychological Analysis, Volume: 4 | Issue: 4 | April 2015 • ISSN No 2277 – 8179
https://www.worldwidejournals.com/international-journal-of-scientific-research
(IJSR)/fileview.php?val=April_2015_1427978877__162.pdf
13
Kavita Sahmey, A Study on Factors Underlying Juvenile Delinquency and Positive Youth Development
Programs (2013) Department of Humanities and Social Sciences, National Institute of Technology Rourkela-
769008, Odisha, India

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offences as an individual from packs. Poverty compels sometimes both of the

guardians to be outside the home for a very extensive stretch to gain their everyday
bread, to full fill basic needs, hunger. They will neglect the youngsters. Such
youngsters may deliberately or unwittingly hold hands with hoodlums and become
delinquents. This occurs in slum zones and regions in which most regular workers
individuals live. 14

Literacy and Juvenile Delinquency

A link between literacy, positive youth and adult outcomes has been established,
especially as related to the juvenile justice context. Emerging research suggests that
“using systemic and intensive reading interventions can have a positive impact on
youth during incarceration, which may improve their attitudes towards reading,
further influencing academic and vocational outcomes following incarceration.
However, the current research on literacy strategies is limited due to the small
number of recent studies conducted, focus on short-term interventions without
consideration to long-term outcomes, small sample sizes used that are not
representative of all youth (e.g., English Language Learners), little attention paid to
the context in which the study was implemented, and the narrow breadth of
components of literacy studied. In the absence of a strong empirical knowledge base
on teaching comprehensive literacy skills within a juvenile justice setting, reliance on
validated strategies for similar (e.g., youth who are neglected, homeless, or at-risk)
or more general populations with thoughtful adaption for the context and continued
analysis of the impacts on students is suggested.” 15

14
K. Parihar, Social Factors Leading to Juvenile Delinquency in Indian Context, (2020),
https://legaldesire.com/social-factors-leading-to-juvenile-delinquency-in-indian-context/
15
Mindee O’Cummings, Sarah Bardack, Simon Gonsoulin, The Importance of Literacy for Youth Involved in
the Juvenile Justice System, The National Evaluation and Technical Assistance Center, January, (2010)
Washington, D.C https://files.eric.ed.gov/fulltext/ED594436.pdf

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One of the characteristics of juveniles incarcerated in correctional and detention

facilities is their poor experience with elementary and secondary education. For
many, difficulties in reading underlie their poor academic achievement. However, it
has been demonstrated that with effective instructions like the reading levels of
incarcerated youth can improve dramatically. 16

16
Jane Hodges, Ed.D., Nancy Giuliotti, and F.M. Porpotage II, Improving Literacy Skills of Juvenile Detainees,
JUVENILE JUSTICE BULLETIN, U.S. Department of Justice (1994) https://www.ojp.gov/pdffiles/lit.pdf

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PART 3
LEGISLATIVE HISTORY

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PART 3: LEGISLATIVE HISTORY

Backdrop of Juvenile Justice
Juveniles are those children who are below the age of 18 years. In India, there are
two main categories of juveniles:
a) Child/Children in conflict with law;
b) Child/Children in need of care and protection.
Juvenile Justice refers to the laws that govern the juveniles. The concept of need for
protection of juveniles in India is not a new one, it has been in existence since the
1850s. The first ever legislation that dealt with juveniles was the Apprentice Act,
1850. The Apprentice Act, 1850 dealt with juveniles under the age of 15years, who
were petty offender or run-aways. The Reformatory Schools Act, 1876 (modified in
1897) was enacted to deal with youthful offenders i.e., a boy under the age of 15
years, who has been convicted of an offence punishable with transportation or
imprisonment would be sent to reformatory schools instead of undergoing their
sentence of imprisonment or transportation.

The Age of Distinguishing Juveniles as Delinquent Children and Neglected

Children
The formation of Jail Committee in 1919 by British Raj led to massive changes in the
structure of criminal justice administration, where the inclination towards
reformation of juvenile offenders began, thus departing from the universal approach
of punishing them. The Madras Province was the first to enact an exclusive
Children’s Act in 1920, followed by Bengal in 1922 and Bombay in 1924. The State
Children’s Act dealt with two kinds of children, i.e., the ‘child offender’ and the
‘neglected child’. These two categories of children were dealt by the Children’s
Court. The Children's Act was intended to provide facilities for the care, treatment
and punishment of young offenders as well as to protect children and young
persons. It also provided facilities to house children and young people.

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Post-independence Scenario
The Children’s Act, 1960 was enacted after independence, which provided care,
protection, maintenance, welfare, training, education, and rehabilitation for
neglected or delinquent children and for the trial of delinquent children in the Union
Territories. Since the enactment of this legislation, gender-based distinctions were
made, with a child defined as a boy under 16 years of age and a girl under 18 years
of age. Under this Act, there were two different institutions, namely, the Children's
Court for juvenile offenders, and the Children's Home for children in need of care
and protection. Delinquent children were also expressly prohibited from being
sentenced to death or imprisonment under any circumstances.

Need for a Centralized Legislation

The Children’s Act, 1960 had its own downsides as it was applicable only to the
Union Territories, few states had their own state legislation to deal with juveniles.
The Apex Court taking note of these irregularities, in Sheela Barse Vs. Union of India
[(1986) 3 SCC 632] pointed out that, “…we would suggest that instead of each State
having its own Children’s Act different in procedure and content from the Children’s
Act in other States, it would be desirable if the Central Government initiates
Parliamentary Legislation on the subject, so that there is complete uniformity in
regard to the various provisions relating to children in the entire territory of the
country. The Children’s Act which may be enacted by Parliament should contain not
only provisions for investigation and trial of offences against children below the age
of 16 years but should also contain mandatory provisions for ensuring social,
economic and psychological rehabilitation of the children who are either accused of
offences or are abandoned or destitute or lost. Moreover, it is not enough merely to
have legislation on the subject, but it is equally, if not more, important to ensure
that such legislation is implemented...”

Therefore, in 1986, Juvenile Justice Act that provided for the protection,
development, rehabilitation, and adjudication of certain judicial matters associated

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with delinquent children was enacted as a uniform national legislation. Its purpose
was to give effect to the guidelines contained in the Standard Minimum Rules for the
Administration of Juvenile Justice adopted by U.N. countries in November 1985.

In Arnit Das Vs. State of Bihar [(2000) 5 SCC 488], the Supreme Court held that the
age of the accused on the date on which he's produced before the court has
relevancy for determining applicability of the JJ Act. However, this decision was
overruled in the case of Pratap Singh Vs. State of Jharkhand [(2000) 5 SCC 488],
which held as follows: “The reckoning date for the determination of the age of the
juvenile is that the date of the offence and not the date once he's made before the
authority or within the court”. As a result, the rationale in Arnit Das (supra) has no
relevance today.

Juvenile Justice in the New Millennium

In the year 2000, Parliament enacted the Juvenile Justice Act, 2000 to reflect the
standards prescribed within the Convention on the Rights of the Child, 1989, the
United Nations Standard Minimum Rules for the Administration of Juvenile Justice,
1985 and the United Nations Rules for the Protection of Juveniles Deprived of their
Liberty 1990. The Act envisioned to espouse a child friendly approach while
adjudicating and disposing matters in the best interest of children and for their
ultimate rehabilitation. The Act defined both a ‘child’ and a ‘juvenile’ as a person
who has not completed eighteen years of age.

It covered two categories of children, i.e., juveniles in conflict with law and children
in need of care and protection. The Act transformed the way how the two categories
of children were received by the system. Juveniles in conflict with law were housed
in observation homes while children in need of care and protection were housed in
children’s homes during the pendency of proceedings before the competent
authority.

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Recommendations of the Justice Verma Committee Report, 2013

The Justice Verma Committee was formed in 2013 to inspect criminal law
legislations and to make recommendations in consideration of the ill-fated event
which took place on 16th December 2012 [Delhi Gangrape case]. The Committee
got a room of recommendations, including the proposal that “the time of juvenile
blamed for egregious wrongdoing to be characterized together under 16 years
old and therefore the individuals who are 16 years or more should be treated as an
adult during in a courtroom proceeding”. On this specific issue, the board of trustees
held extensive consultations with the prosecutors, women rights activists, child
experts, psychologists and child rights activists and the Juvenile Justice Act, 2015
was thus enacted.
Juvenile Justice (Care and Protection) Act, 2015 [JJ Act, 2015]
– Highlights
The swelling number of cases of juvenile crimes in the last decade has forced the
law makers to come up with a new law which exclusively deals with juvenile
wrongdoers. The 2000 Act was quickly replaced by The Juvenile Justice (Care and
Protection) Act, 2015. The 14 notable changes in the JJ Act, 2015 are mentioned
below:

i. Depending on the cruelty of crime, like a crime committed appallingly and

viciously, the children between the ages of 16 to 18 years may be tried as an
adult in the Children’s Court.
ii. Any child who is convicted of any crime will be sent for a preliminary evaluation
for a time of “quarter of a year” (3 months).
iii. A clause on fair trial is included, where the evaluation or assessment period will
investigate the special needs of the child, in a child-friendly atmosphere.
iv. The child will not be faced with any form of disqualification or elimination either
in education or jobs for being convicted of any crime under the Act.
v. The conviction records shall be destroyed after the completion of appeal, except
in the case of brutal crimes.

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vi. The time period to rethink the decision of adoption is changed from one to three
months.
vii. The aftercare of a child shall be unhindered to one month in institutional care.
viii. Receive financial aid more than once after evacuating institutional care.
ix. Priority given for disabled children in interstate adoption.
x. Increase in the time period for neglected children kept under observation in child
care facilities from 30 days to 60 days.
xi. In the case of an inevitable situation, wilfully giving up the child by biological
parents it will not be considered as on purpose.
xii. If an order passed against the child, there must be consultation and advice from
experienced psychologists and medical specialists.
xiii. Training of special juvenile units in the police force.
xiv. For observing proper implementation, the exposure of the Amended Act, and to
investigate cases that emerge out of the Act, the National Commission for
Protection of Child Rights and State Commission for Protection of Child Rights will
be the nodal specialists.

2021 Amendment to the JJ Act, 2015

The Object and Reasons of the 2021 Amendment is that, adoption cases have been
significantly delayed in courts. Moreover, it is said that adoption cases are non-
adversarial in nature and can be dealt through a well laid out process. A similar Bill
empowering district magistrates to issue adoption orders was introduced in Lok
Sabha in August 2018. Yet, the Bill lapsed with the termination of 16th Lok Sabha.
As per Juvenile Justice (Care and Protection of Children) Act, 2015, the adoption of
a child is final on the issue of adoption order by the Civil Court. This amendment
provides for the district magistrate (including additional district magistrate) instead
of the court to issue such adoption orders.

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The 2015 Act categorises offences committed by juveniles as heinous offences,

serious offences, and petty offences. The Amendment augments those serious
offences to include offences for which maximum punishment is imprisonment of
more than seven years, and minimum punishment is not prescribed or is less than
seven years.

In 2020, the Apex Court in Shilpa Mittal v. State (NCT of Delhi) [(2020) 2 SCC 787]
observed that, “the Act does not deal with offences where the maximum sentence is
more than seven years of imprisonment, but there is no minimum sentence, or
minimum sentence is of less than seven years”. The Court ordered that these
offences should be categorised as serious offences. This amendment also seeks to
give effect to order of the Court.

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PART 4

JUVENILE JUSTICE (CARE AND PROTECTION OF

CHILDREN) ACT, 2015

– AN OVERVIEW

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PART 4: JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015

– AN OVERVIEW
As per the preamble the JJ Act, 2015, it was enacted to consolidate and amend the
law relating to children alleged and found to be in conflict with law. The JJ Act, 2015
provides for strengthened provisions for both ‘children in need of care and
protection’ and ‘children in conflict with law’. The child needs to be provided care
and protection by taking into account their essential needs through legitimate
consideration, assurance, advancement, treatment, social re-integration, by
embracing a child-friendly 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 the
JJ Act, 2015. Special provisions for ‘heinous offences’ committed by children above
the age of 16 years, clarity in powers, functions and responsibilities of Juvenile
Justice Board (JJB) and Child Welfare Committee (CWC) have been provided for.

Constitutionality of Juvenile Justice Act, 2015

The Committee Report concluded that the existing juvenile system is not only
reformative and rehabilitative in nature but also recognises the fact that, the age of
16-18 years is an extremely sensitive and critical age requiring greater protection.
The committee looked at available statistics, scientific evidence on recidivism and
also took into account India's international commitment on protecting the Rights of
Children.

The principle of equal protection does not take away from the state the power of
classifying persons for the legitimate purpose. Article 14 envisages equality before
law and equal protection of laws. Supreme Court has aptly observed that "Equal
Protection of Laws is corollary to Equality before Law".

In Subramanian Swamy Vs. Raju [(2014) 8 SCC 390], Supreme Court observed that
“so long as the broad features of the categorization are identifiable and
distinguishable, Article 14 will not forbid such a course of action”. The court ruled

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that “categorization need not be the outcome of a mathematical or arithmetical

precision in the similarities of persons included in a class”.

Such a juvenile is known as Child in Conflict with Law (CCL) according to the JJ Act,
2015. This meaning of ‘Juvenile’ is obscure and bears no solid importance and
requires more further discussion. Further, the act done by a child under seven years
old is found in strife with the law and not treated as an offence and is not culpable
under any law and such a child is certifiably not a criminal according to Section 82 of
Indian Penal Code. Thus, a child whose age is under seven years old cannot be
known as a juvenile and is not convicted of any crime. The Juvenile Justice Board
and its partners need to control the juvenile offences as well as wrongdoings.

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CHAPTER I: Preliminary
This Act will apply to all issues concerning child’s needs care and security and youths
in strife with law, including anxiety, confinement, arraignment, appropriate
punishment or detainment, restoration and social re-incorporation of kids in a
struggle with law.

Important Definitions under the JJ Act, 2015

Section 2(12) “child" means a person who has not completed eighteen years of age.
Section 2(13) "child" in conflict with law means a child who is alleged or found to have committed
an offence and who has not completed eighteen years of age on the date of commission of such
offence.
Section 2(14) "child in need of care and protection" means a child—
(i) who is found without any home or settled place of abode and without any ostensible means of
subsistence; or
(ii) who is found working in contravention of labour laws for the time being in force or is found
begging, or living on the street; or
(iii) who resides with a person (whether a guardian of the child or not) and such person—
(a) has injured, exploited, abused or neglected the child or has violated any other law for the time
being in force meant for the protection of child; or
(b) has threatened to kill, injure, exploit or abuse the child and there is a reasonable likelihood of the
threat being carried out; or
(c) has killed, abused, neglected or exploited some other child or children and there is a reasonable
likelihood of the child in question being killed, abused, exploited or neglected by that person; or
(iv) who is mentally ill or mentally or physically challenged or suffering from terminal or incurable
disease, having no one to support or look after or having parents or guardians unfit to take care, if
found so by the Board or the Committee; or
(v) who has a parent or guardian and such parent or guardian is found to be unfit or incapacitated,
by the Committee or the Board, to care for and protect the safety and well-being of the child; or
(vi) who does not have parents and no one is willing to take care of, or whose parents have
abandoned or surrendered him; or
(vii) who is missing or run-away child, or whose parents cannot be found after making reasonable
inquiry in such manner as may be prescribed; or (viii) who has been or is being or is likely to be
abused, tortured or exploited for the purpose of sexual abuse or illegal acts; or
(ix) who is found vulnerable and is likely to be inducted into drug abuse or trafficking; or
(x) who is being or is likely to be abused for unconscionable gains; or
(xi) who is victim of or affected by any armed conflict, civil unrest or natural calamity; or
(xii) who is at imminent risk of marriage before attaining the age of marriage and whose parents,
family members, guardian and any other persons are likely to be responsible for solemnisation of
such marriage.

In the case of Exploitation of Children in Orphanages, In re, (2017) 7 SCC 578, The
Supreme Court has emphasised on, “Who is a child in need of care and protection?
The provisions of the Protection of Children from Sexual Offences Act, 2012 (for
short “the POCSO Act”) do not provide any definition of a child in need of care and

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protection. But no one can deny that a child victim of sexual abuse or sexual assault
or sexual harassment is a child in need of care and protection. Similarly in a given
case, a child accused of an offence and brought before the Juvenile Justice Board or
any other authority might also be a child in need of care and protection.”

Further, Supreme Court held that, “The definition of the expression ‘child in need of
care and protection’ under Section 2(14) of the JJ Act should not be interpreted as
an exhaustive definition. The definition is illustrative and the benefits envisaged for
children in need of care and protection should be extended to all such children in
fact requiring State care and protection.”

Section 2(15) "Child friendly" means any behaviour, conduct, practice, process, attitude, environment or
treatment that is humane, considerate and in the best interest of the child.
Section 2(19) "Children's Home" means a Children's Home, established or maintained, in every district or
group of districts, by the State Government, either by itself, or through a voluntary or non-governmental
organisation, and is registered as such for the purposes specified in section 50.
Section 2(20) "Children's Court" means a court established under the Commissions for Protection of
Child Rights Act, 2005 (4 of 2006) or a Special Court under the Protection of Children from Sexual
Offences Act, 2012 (32 of 2012), wherever existing and where such courts have not been designated, the
Court of Sessions having jurisdiction to try offences under the Act.
Section 2(21) "Child care institution" means Children Home, open shelter, observation home, special
home, place of safety, Specialised Adoption Agency and a fit facility recognised under this Act for
providing care and protection to children, who are in need of such services.
Section 2(26) "District Child Protection Unit" means a Child Protection Unit for a District, established by
the State Government under section 106, which is the focal point to ensure the implementation of this Act
and other child protection measures in the district.
Section 2(33) "Heinous offences" includes the offences for which the minimum punishment under the
Indian Penal Code (45 of 1860) or any other law for the time being in force is imprisonment for seven
years or more.
Section 2(35) "Juvenile" means a child below the age of eighteen years.

In Shilpa M ittal v. State (N CT of Delhi) , (2020) 2 SCC 787, the Supreme

Court held that, “A bare reading of Sections 2(12), 2(13) and 2(35) clearly shows
that a child or a juvenile is a person who has not completed 18 years of age, and a
child in conflict with law is a child/juvenile who commits an offence when that
child/juvenile has not completed 18 years of age. “Petty offences” have been
defined under Section 2(45) to mean offences for which the maximum punishment
provided under any law including the IPC, is imprisonment up to 3 years. “Serious
offences” mean, offences for which punishment under any law is imprisonment

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between 3-7 years. “Heinous offences” have been defined to mean offences for
which the minimum punishment under any law is imprisonment for 7 years or more.
This was a departure from the previous legislation on the subject where the
offences had not been categorised as heinous or serious.”
Section 2(45) "Petty offences" includes the offences for which the maximum punishment under the Indian
Penal Code (45 of 1860) or any other law for the time being in force is imprisonment up to three years.
Section 2(46) "place of safety" means any place or institution, not being a police lockup or jail, established
separately or attached to an observation home or a special home, as the case may be, the person in charge
of which is willing to receive and take care of the children alleged or found to be in conflict with law, by an
order of the Board or the Children’s Court, both during inquiry and ongoing rehabilitation after having
been found guilty for a period and purpose as specified in the order.
Section 2(48) "probation officer" means an officer appointed by the State Government as a probation
officer under the Probation of Offenders Act, 1958 (20 of 1958) or the Legal-cum-Probation Officer
appointed by the State Government under District Child Protection Unit.
Section 2(54) "serious offences" includes the offences for which the punishment under the Indian Penal
Code (45 of 1860) or any other law for the time being in force, is imprisonment between three to seven
years.
Section 2(55) "special juvenile police unit" means a unit of the police force of a district or city or, as the
case may be, any other police unit like railway police, dealing with children and designated as such for
handling children under section 107.
Section 2(56) "special home" means an institution established by a State Government or by a voluntary or
non-governmental organisation, registered under section 48, for housing and providing rehabilitative
services to children in conflict with law, who are found, through inquiry, to have committed an offence and
are sent to such institution by an order of the Board.

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CHAPTER II: General Principles of Care and Protection of Children

JJ Act, 2015
Section 3. General principles to be followed in administration of Act.— The Central Government, the
State Governments, the Board, and other agencies, as the case may be, while implementing the provisions
of this Act shall be guided by the following fundamental principles, namely:—
(i) Principle of presumption of innocence: Any child shall be presumed to be an innocent of any mala fide
or criminal intent up to the age of eighteen years.
(ii) Principle of dignity and worth: All human beings shall be treated with equal dignity and rights.
(iii) Principle of participation: Every child shall have a right to be heard and to participate in all
processes and decisions affecting his interest and the child’s views shall be taken into consideration with
due regard to the age and maturity of the child.
(iv) Principle of best interest: All decisions regarding the child shall be based on the primary
consideration that they are in the best interest of the child and to help the child to develop full potential.
(v) Principle of family responsibility: The primary responsibility of care, nurture and protection of the
child shall be that of the biological family or adoptive or foster parents, as the case may be.
(vi) Principle of safety: All measures shall be taken to ensure that the child is safe and is not subjected to
any harm, abuse or maltreatment while in contact with the care and protection system, and thereafter.
(vii) Positive measures: All resources are to be mobilised including those of family and community, for
promoting the well-being, facilitating development of identity and providing an inclusive and enabling
environment, to reduce vulnerabilities of children and the need for intervention under this Act.
(viii) Principle of non-stigmatising semantics: Adversarial or accusatory words are not to be used in the
processes pertaining to a child.
(ix) Principle of non-waiver of rights: No waiver of any of the right of the child is permissible or valid,
whether sought by the child or person acting on behalf of the child, or a Board or a Committee and any
non-exercise of a fundamental right shall not amount to waiver.
(x) Principle of equality and non-discrimination: There shall be no discrimination against a child on any
grounds including sex, caste, ethnicity, place of birth, disability and equality of access, opportunity and
treatment shall be provided to every child.
(xi) Principle of right to privacy and confidentiality: Every child shall have a right to protection of his
privacy and confidentiality, by all means and throughout the judicial process.
(xii) Principle of institutionalisation as a measure of last resort: A child shall be placed in institutional
care as a step of last resort after making a reasonable inquiry.
(xiii) Principle of repatriation and restoration: Every child in the juvenile justice system shall have the
right to be re-united with his family at the earliest and to be restored to the same socio-economic and
cultural status that he was in, before coming under the purview of this Act, unless such restoration and
repatriation is not in his best interest.
(xiv) Principle of fresh start: All past records of any child under the Juvenile Justice system should be
erased except in special circumstances.
(xv) Principle of diversion: Measures for dealing with children in conflict with law without resorting to
judicial proceedings shall be promoted unless it is in the best interest of the child or the society as a
whole.
(xvi) Principles of natural justice: Basic procedural standards of fairness shall be adhered to, including
the right to a fair hearing, rule against bias and the right to review, by all persons or bodies, acting in a
judicial capacity under this Act.

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Although the above principles are simple in understanding, they are crucial when it
comes to implementation. The following precedents can be borne in mind in
implementing these principles.

In Bhola Bhagat Vs. State of Bihar, [1997] 8 SCC 236, it was observed that in
enacting JJ Act 1986, the effort of legislature was “to reform the delinquent child
and reclaim him as a useful member of the society”. In Salil Balil Vs. Union of India
[(2013) 7 SCC 705], it was observed that “The essence of JJ Act, 2000 and Rules is
restorative and not retributive, providing for rehabilitation and reintegration of CICL
into mainstream society.”

In Krishna Bhagwan Vs. State of Bihar [AIR 1989 Pat 217], the Patna HC, referring
to Bihar Children Act, 1982 and JJA, 1986 held that “The basic approach seems to
be curative instead of punitive.”

In Imityaz Hussain Mumtiyaz Sheikh Vs. The State of Maharashtra [2008 [116] Bom
LR 1645], the Bombay High Court, when dealing with JJ Act, 2000, stated that “In
the statement of objects & reasons it was set out that the Act proposes amongst
others to make the juvenile system meant for a juvenile/child more appreciative of
the developmental needs in comparison to criminal justice system as applicable to
adults; to minimize stigma and in keeping with the developmental needs of the
juvenile/child”.

In D. Srinivasan S/o DuraiNaicker Vs. The Secretary Home [Prisons], Govt of Tamil
Nadu, 2008, Madras High Court, when referring to JJ Act, 1986 and JJ Act, 2000,
stated that, “…both the Acts being the benevolent legislation, they have to be
interpreted in the manner as to advance the object of the Act.” In A. ThangalKunju
Musaliar Vs. M. Venkitachalam Potti [AIR 1956 SC 246], it was stated that “The
Preamble of a statute has been said to be a good means of finding out its meaning
and as it were a key for the understanding of it.”

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Chapter III: Juvenile Justice Board [JJB]

One of the most important and progressive features of the Act is the establishment
of Juvenile Justice Boards. Each board is inquired to decide the age of the child, the
question of bail, and the subject of a commission of the offence, and pass proper
orders. The composition of the board incorporates a Principal Magistrate and two
social workers, in this way guaranteeing not only are legitimate complexities
secured, however, the financial, psycho-social and familial conditions are also
considered to be secured. The social workers engaged with the juvenile justice
system are called correctional social workers globally.

Establishment of JJB
JJ Act, 2015
Section 4. Juvenile Justice Board.— (1) Notwithstanding anything contained in the Code of Criminal
Procedure, 1973 (2 of 1974), the State Government shall, constitute for every district, one or more
Juvenile Justice Boards for exercising the powers and discharging its functions relating to children in
conflict with law under this Act.
JJ Model Rules, 2016
Rule 3. Board.- There shall be one or more Boards in each district to be constituted by the State
Government through a notification in the Official Gazette.

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. Therefore,
Section 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].

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Constitution of JJB
JJ Act, 2015
Section 4(2) - A Board shall consist of a Metropolitan Magistrate or a Judicial Magistrate of First Class
not being Chief Metropolitan Magistrate or Chief Judicial Magistrate (hereinafter referred to as Principal
Magistrate) with at least three years’ experience and two social workers selected in such manner as may be
prescribed, of whom at least one shall be a woman, forming a Bench and every such Bench shall have the
powers conferred by the Code of Criminal Procedure, 1973 (2 of 1974) on a Metropolitan Magistrate or,
as the case may be, a Judicial Magistrate of First Class.
JJ Model Rules, 2016
Rule 4. Composition of the Board.- (1) The Board shall consist of a Metropolitan Magistrate or a
Judicial Magistrate of First Class having at least three years’ experience to be designated as the Principal
Magistrate of the Board and two social worker members, of whom one shall be a woman, forming a
Bench.
(2) The social worker members shall be appointed by the State Government on the recommendations of
the Selection Committee constituted under these rules.
(3) The social worker members shall not be less than thirty-five years of age and shall have at least
seven years of experience of working with children in the field of education, health, or welfare activities,
or should be a practicing professional with a degree in child psychology or psychiatry or sociology or in
the field of law.
(4) As far as possible, the two social worker members so selected for a Board shall be from different
fields.
(5) All members of the Board including the Principal Magistrate, shall be given induction training and
sensitisation within a period of sixty days from the date of appointment.

The JJB, a multi-disciplinary body, is the one that exercises powers and discharges
functions in relation to ‘children in conflict with law’. It consists of a Principal
Magistrate and two social workers selected in such manner as may be prescribed, of
whom at least one shall be a woman. A social worker is a person who has been
actively involved in health, education, or welfare activities pertaining to children for
at least seven years. The social worker must be a practicing professional with a
degree in child psychology, psychiatry, sociology or law. The members of the JJB are
to be sensitised on the care, protection, rehabilitation, legal provisions and justice
for children. These persons are not eligible if they have a past record of violating
human rights or child rights. The proviso to sub-section (1) also provides for
assistance to be taken by the JJB of certain experienced psychologists, psycho-social
workers or other relevant experts.

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Eligibility and Tenure of Members of JJB

JJ Act, 2015
Section 4(3) - No social worker shall be appointed as a member of the Board unless such person has been
actively involved in health, education, or welfare activities pertaining to children for at least seven years or
a practicing professional with a degree in child psychology, psychiatry, sociology or law.
(4) No person shall be eligible for selection as a member of the Board, if he—
(i) has any past record of violation of human rights or child rights;
(ii) has been convicted of an offence involving moral turpitude, and such conviction has not been
reversed or has not been granted full pardon in respect of such offence;
(iii) has been removed or dismissed from service of the Central Government or a State
Government or an undertaking or corporation owned or controlled by the Central Government or a State
Government;
(iv) has ever indulged in child abuse or employment of child labour or any other violation of
human rights or immoral act.

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.

JJ Act, 2015
Section 4(6) - The term of office of the members of the Board and the manner in which such member may
resign shall be such, as may be prescribed.
(7) The appointment of any member of the Board, except the Principal Magistrate, may be terminated after
holding an inquiry by the State Government, if he—
(i) has been found guilty of misuse of power vested under this Act; or
(ii) fails to attend the proceedings of the Board consecutively for three months without any valid
reason; or
(iii) fails to attend less than three-fourths of the sittings in a year; or
(iv) becomes ineligible under sub-section (4) during his term as a member
JJ Model Rules, 2016
Rule 5. Term of Members of the Board .- (1) The term of the social worker member of the Board shall
not be more than for a period of three years from the date of appointment.
(2) A social worker member of the Board shall be eligible for appointment of maximum of two terms,
which shall not be continuous.
(3) The members may resign at any time, by giving one month's notice in writing to the State
Government.
(4) Any vacancy in the Board shall be filled by appointment of another person from the panel of names
prepared by the Selection Committee.

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Once a member has been selected to the JJB, 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.

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. Under Section 4(7), 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.

Procedure followed by the JJB

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.

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JJ Act, 2015
Section 7. Procedure in relation to Board.— (1) The Board shall meet at such times and shall observe such
rules in regard to the transaction of business at its meetings, as may be prescribed and shall ensure that all
procedures are child friendly and that the venue is not intimidating to the child and does not resemble as
regular courts.
(2) A child in conflict with law may be produced before an individual member of the Board, when the Board
is not in sitting.
(3) A Board may act notwithstanding the absence of any member of the Board, and no order passed by the
Board shall be invalid by the reason only of the absence of any member during any stage of proceedings:
Provided that there shall be at least two members including the Principal Magistrate present at the time of
final disposal of the case or in making an order under sub-section (3) of section 18.
(4) In the event of any difference of opinion among the members of the Board in the interim or final disposal,
the opinion of the majority shall prevail, but where there is no such majority, the opinion of the Principal
Magistrate, shall prevail.
JJ Model Rules, 2016
Rule 6. Sittings of the Board.- (1) The Board shall hold its sittings in the premises of an observation home or
at a place in proximity to the observation home or, at a suitable premise in any Child Care Institution meant
for children in conflict with law run under the Act, and in no circumstances shall the Board operate from
within any court or jail premises.
(2) The Board shall ensure that no person(s) un-connected with the case remains present in the room when the
case is in progress.
(3) The Board shall ensure that only those person(s), in the presence of whom the child feels comfortable, are
allowed to remain present during the sitting.
(4) The Board shall hold its sittings in a child-friendly premises which shall not look like a court room in any
manner and the sitting arrangement should be such to enable the Board to interact with the child face to face.
(5) While communicating with the child, the Board shall use child friendly techniques through its conduct and
shall adopt a child friendly attitude with regard to body language, facial expression, eye contact, intonation
and volume of voice while addressing the child.
(6) The Board shall not sit on a raised platform and there shall be no barriers, such as witness boxes or bars
between the Board and the child.
(7) The Board shall sit on all working days for a minimum of six hours commensurate with the working hours
of a Magistrate Court, unless the case pendency is less in a particular district and the State Government issues
an order in this regard, or the State Government may, by notification in the Official Gazette constitute more
than one Board in a district after giving due consideration to the pendency of the cases, area or terrain of the
district, population density or any other consideration.
(8) When the Board is not sitting, a child in conflict with law may be produced before an individual member
of the Board. For the said purpose, one member of the Board shall always be available or accessible to take
cognizance of any matter of emergency and necessary directions required to deal with the emergency situation
shall be given by such member to the Special Juvenile Police Unit or the local police of the district. The
Principal Magistrate shall draw up a monthly duty roster of the members who shall be so available and
accessible every day, including on Sundays and holidays. The roster shall be circulated in advance to all the
police stations, the Chief Judicial Magistrate/ Chief Metropolitan Magistrate, the District Judge, the District
Magistrate, the Committees, the District Child Protection Unit and the Special Juvenile Police Unit.
(9) The social worker members of the Board shall be paid not less than Rs. 1500/- per sitting which
shall include sitting allowance, travel allowance and any other allowance, as the State Government may
prescribe.
(10) The Board shall be provided infrastructure and staff by the State Government.

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Powers of the JJB

JJ Act, 2015
Section 8(1) - Notwithstanding anything contained in any other law for the time being in force but save as
otherwise expressly provided in this Act, the Board constituted for any district shall have the power to
deal exclusively with all the proceedings under this Act, relating to children in conflict with law, in the
area of jurisdiction of such Board.
(2) The powers conferred on the Board by or under this Act may also be exercised by the High Court and
the Children’s Court, when the proceedings come before them under section 19 or in appeal, revision or
otherwise.

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. 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.

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Role and Responsibilities of JJB

JJ Act, 2015
Section 8(3) - The functions and responsibilities of the Board shall include—
(a) ensuring the informed participation of the child and the parent or guardian, in every step of the process;
(b) ensuring that the child’s rights are protected throughout the process of apprehending the child, inquiry,
aftercare and rehabilitation;
(c) ensuring availability of legal aid for the child through the legal services institutions;
(d) wherever necessary the Board shall provide an interpreter or translator, having such qualifications,
experience, and on payment of such fees as may be prescribed, to the child if he fails to understand the
language used in the proceedings;
(e) directing the Probation Officer, or in case a Probation Officer is not available to the Child Welfare
Officer or a social worker, to undertake a social investigation into the case and submit a social
investigation report within a period of fifteen days from the date of first production before the Board to
ascertain the circumstances in which the alleged offence was committed;
(f) adjudicate and dispose of cases of children in conflict with law in accordance with the process of
inquiry specified in section 14;
(g) transferring to the Committee, matters concerning the child alleged to be in conflict with law, stated to
be in need of care and protection at any stage, thereby recognising that a child in conflict with law can also
be a child in need of care simultaneously and there is a need for the Committee and the Board to be both
involved;
(h) disposing of the matter and passing a final order that includes an individual care plan for the child’s
rehabilitation, including follow up by the Probation Officer or the District Child Protection Unit or a
member of a non-governmental organisation, as may be required;
(i) conducting inquiry for declaring fit persons regarding care of children in conflict with law;
(j) conducting at least one inspection visit every month of residential facilities for children in conflict with
law and recommend action for improvement in quality of services to the District Child Protection Unit and
the State Government;
(k) order the police for registration of first information report for offences committed against any child in
conflict with law, under this Act or any other law for the time being in force, on a complaint made in this
regard;
(l) order the police for registration of first information report for offences committed against any child in
need of care and protection, under this Act or any other law for the time being in force, on a written
complaint by a Committee in this regard;
(m) conducting regular inspection of jails meant for adults to check if any child is lodged in such jails and
take immediate measures for transfer of such a child to the observation home; and
(n) any other function as may be prescribed.

A primary responsibility of JJB is to cater developmental needs, care, protection, and

treatment, case procedure, inquiry and final order for ultimate rehabilitation of
children conflict with law in the best interest of child. The role of JJB in Juvenile
Justice System is as follows:

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JJ Model Rules, 2016

Rule 7. Functions of the Board.- (1) The Board shall perform the following additional functions, namely:
(i) whenever necessary, the Board shall provide a translator or interpreter or special educator who
shall be paid not less than Rs.1500 per day and in case of translator, not exceeding Rs.100 per page. For
the said purpose, the District Child Protection Unit shall maintain a panel of translators, interpreters and
special educators who shall forward the same to the Board, the qualifications of the translator, interpreter
and special educator shall be as prescribed under the POCSO Act, 2012 and rules framed thereunder;
(ii) wherever required issue rehabilitation card in Form 14 to the child in conflict with law to monitor the
progress made by the child;
(iii) wherever required, pass appropriate orders for re-admission or continuation of the child in school
where the child has been disallowed from continuing his education in a school on account of the pendency
of the inquiry or the child having stayed in a Child Care Institution for any length of time;
(iv) interact with Boards in other districts to facilitate speedy inquiry and disposal of cases through due
process of law, including sending a child for the purpose of an inquiry or rehabilitation to a Board in
another district or State;
(v) inspect Child Care Institutions for children in conflict with law, issue directions in cases of any
noticeable lapses, suggest improvements, seek compliance and recommend suitable action, including
against any employee found in dereliction of duty to the District Child Protection Unit;
(vi) maintain a suggestion box or grievance redressal box in the premises of the Board at a prominent
place to encourage inputs from children and adults alike which shall be operated by the nominee of the
Principal Magistrate;
(vii) ensure smooth functioning of Children’s Committees in the Child Care Institutions for children in
conflict with law, for realising children’s participation in the affairs and management of such Child Care
Institutions;
(viii) review the Children's suggestion book at least once in a month;
(ix) ensure that the Legal cum Probation Officer in the District Child Protection Unit and the State or
District Legal Aid Services Authority extends free legal services to a child; and
(x) deploy, if necessary, the services of student volunteers or non-governmental organisation volunteers
for para-legal and other tasks such as contacting the parents of child in conflict with law and collecting
relevant social and rehabilitative information about the child.

The Juvenile Justice Board (JJB) has the power to transfer juvenile cases to a
children's court. If the JJB finds that the child needs to be tried as an adult, the trial
of the case may be transferred. Children's court does not award any sentence of
death or life imprisonment, without the possibility of release.

Social Investigation Report: A report of a child containing detailed information

pertaining to the circumstances of the child. It is prepared by a Probation Officer or
a voluntary or nongovernmental organisation, along with the evidence produced by
the parties for arriving at a conclusion. Where a child alleged to be in conflict with
law is apprehended, the probation officer prepares a report on the child's
antecedents and family background.

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Social Background Report: A report on a child in conflict with law containing the
background of the child prepared by the Child Welfare Police Officer. This report is
treated as an important document for the welfare of the children while deciding their
case. For gathering the best available information, it is incumbent upon the Special
Juvenile Police Unit (SJPU) to contact the parents or guardians.

Normally, the police are expected to produce the child before the JJB and not any
other magistrate. Section 9, however, provides double protection to children, by
imposing a duty on the magistrate who is not empowered by the JJ Act to examine
the question of age before exercising jurisdiction over persons produced before
them. The provision conceives of two situations that may be faced by a magistrate
not empowered to function under the Act. First, when the person alleged to have
committed an offence and produced before them is apparently a child, and second,
when the person produced before them claims to be a child, or claims to be a child
on the date of commission of offence.

JJ Act, 2015
Section 9. Procedure to be followed by a Magistrate who has not been empowered under this Act.—
(1) When a Magistrate, not empowered to exercise the powers of the Board under this Act is of the
opinion that the person alleged to have committed the offence and brought before him is a child, he shall,
without any delay, record such opinion and forward the child immediately along with the record of such
proceedings to the Board having jurisdiction.
(2) In case a person alleged to have committed an offence claims before a court other than a Board, that
the person is a child or was a child on the date of commission of the offence, or if the court itself is of the
opinion that the person was a child on the date of commission of the offence, the said court shall make an
inquiry, take such evidence as may be necessary (but not an affidavit) to determine the age of such person,
and shall record a finding on the matter, stating the age of the person as nearly as may be:
Provided that such a claim may be raised before any court and it shall be recognised at any stage, even
after final disposal of the case, and such a claim shall be determined in accordance with the provisions
contained in 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 this Act.
(3) If the court finds that a person has committed an offence and was a child on the date of commission of
such offence, it shall forward the child to the Board for passing appropriate orders and the sentence, if any,
passed by the court shall be deemed to have no effect.
(4) In case a person under this section is required to be kept in protective custody, while the person’s
claim of being a child is being inquired into, such person may be placed, in the intervening period in a
place of safety.

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CHAPTER IV: Procedure in Relation to Child in Conflict with Law

The JJ Act, 2015 espouses the principle of restorative justice. A child in conflict with
law has a number of rights beginning from the stage of apprehension by the police
up to the release from the Child Care Institutions. The procedure to be followed in
case of a child in conflict with law is prescribed under Chapter IV of JJ Act, 2015,
vide Sections 10 to 26, and Chapter III of the JJ Model Rules, 2016, vide Rules 21 to
53.

Apprehension of Child Alleged to be in Conflict with Law

A child may be apprehended on the ground of committing an offence. However,
while doing so, due care and caution must be undertaken by the police and other
authorities so as to not violate the rights of the apprehended child. Section 10, JJ
Act, 2015 and Rules 8 to 10 of the JJ Model Rules, 2016 provide for the manner of
apprehension of a child and their production before the JJB.
JJ Act, 2015
Section 10. Apprehension of child alleged to be in conflict with law.— (1) As soon as a child alleged to
be in conflict with law is apprehended by the police, such child shall be placed under the charge of the
special juvenile police unit or the designated child welfare police officer, who shall produce the child
before the Board without any loss of time but within a period of twenty-four hours of apprehending the
child excluding the time necessary for the journey, from the place where such child was apprehended:
Provided that in no case, a child alleged to be in conflict with law shall be placed in a police lockup or
lodged in a jail.
(2) The State Government shall make rules consistent with this Act,—
(i) to provide for persons through whom (including registered voluntary or non-governmental
organisations) any child alleged to be in conflict with law may be produced before the Board;
(ii) to provide for the manner in which the child alleged to be in conflict with law may be sent to
an observation home or place of safety, as the case may be.
Section 13. Information to parents, guardian or probation officer.— (1) Where a child alleged to be in
conflict with law is apprehended, the officer designated as Child Welfare Police Officer of the police
station, or the special juvenile police unit to which such child is brought, shall, as soon as possible after
apprehending the child, inform—
(i) the parent or guardian of such child, if they can be found, and direct them to be present at the
Board before which the child is produced; and
(ii) the probation officer, or if no probation officer is available, a Child Welfare Officer, for
preparation and submission within two weeks to the Board, a social investigation report
containing information regarding the antecedents and family background of the child and other
material circumstances likely to be of assistance to the Board for making the inquiry.
(2) Where a child is released on bail, the probation officer or the Child Welfare Officer shall be informed
by the Board.

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Section 10 of the JJ Act, 2015 provides that:

firstly, the police who apprehends a child for having allegedly committed an offence
shall hand them over to the SJPU or the designated CWPO, following which,
secondly, the concerned SJPU or CWPO shall produce the apprehended child before
the JJB, immediately within 24 hours (excluding the duration of travel), and
thirdly, a child alleged to be in conflict with law shall never be held in police lockup
or jail.

Rule 8 pertains to the procedure to be followed before producing the child before
the JJB. Rule 9 applies during the stage of producing the apprehended child. Rule 10
is to be followed after producing the child before the JJB. The sum and substance of
the Rules are:

• The apprehended child shall be kept in the secure custody prior to the production
before the JJB. appropriate orders are obtained as per rule 9 of the Rules.
• The child shall not be handcuffed or fettered.
• No force or coercion shall be exerted upon the child.
• The child shall be promptly and directly informed of the charges levelled against
them, through their parent or guardian, and shall also be provided a copy of the
FIR, if any.
• The child shall be provided the required assistance, be it medical or from an
interpreter or special educator.
• The child shall not be compelled to make a confession and shall be interviewed
only at the Special juvenile Police Unit or at child-friendly premises, along with
presence of their parent or guardian, if necessary.
• The child shall not be asked to sign any statement.
• The child shall be provided free legal aid by the District Legal Services Authority.

Section 11 prescribes the role of the person in whose charge child in conflict with
law is placed.

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JJ Act, 2015
Section 11. Role of person in whose charge child in conflict with law is placed.— Any person in whose
charge a child in conflict with law is placed, shall while the order is in force, have responsibility of the
said child, as if the said person was the child’s parent and responsible for the child’s maintenance:
Provided that the child shall continue in such person’s charge for the period stated by the Board,
notwithstanding that the said child is claimed by the parents or any other person except when the Board is
of the opinion that the parent or any other person are fit to exercise charge over such child.

In case the child has run away from the Child Care Institution or the person in
whose charge they were placed, the procedure under Section 26 needs to be

JJ Act, 2015
Section 26. Provision with respect of run away child in conflict with law.— (1) Notwithstanding
anything to the contrary contained in any other law for the time being in force, any police officer may take
charge of a child in conflict with law who has run away from a special home or an observation home or a
place of safety or from the care of a person or institution under whom the child was placed under this Act.
(2) The child referred to in sub-section (1) shall be produced, within twenty-four hours, preferably before
the Board which passed the original order in respect of that child, if possible, or to the nearest Board
where the child is found.
(3) The Board shall ascertain the reasons for the child having run away and pass appropriate orders for the
child to be sent back either to the institution or person from whose custody the child had run away or any
other similar place or person, as the Board may deem fit:
Provided that the Board may also give additional directions regarding any special steps that may be
deemed necessary, for the best interest of the child.
(4) No additional proceeding shall be instituted in respect of such child.

followed. The Madras High Court in K. Vignesh Vs. State [2017 SCC OnLine Mad
28442], observed that, on a conjoint reading of Sections 2(13) and 10 of the JJ Act,
2015, it is crystal clear that “no police officer has been empowered to arrest a child
in conflict with law and instead he has been empowered only to apprehend a child in
conflict with law”, and hence held that “an application seeking anticipatory bail
under Section 438, Cr.P.C. at the instance of a child in conflict with law is not at all
maintainable”.

In Ramachandran Vs. The Inspector of Police, 1994 CriLJ 3722 the Madras High
Court held as follows, “A Juvenile's freedom is one of a proper custody of a
guardian, either a natural guardian, a de facto guardian, or a de jure guardian
appointed by a Court. Detention in judicial custody or otherwise is a task discharged
by the Courts and other competent detaining authorities to put a person in custody,

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where he is not free to act at his will and resort to unlawful activities. Since a
juvenile is always in custody and that custody is deliberately chosen by the Juvenile
Justice Act, it is difficult to think that his delinquency will make him a habitual
offender and a goonda in that sense. …It is clear discretion of the police and the
Court, after complying with the requirements of law in this behalf, to choose the
custody of the juvenile, except in jail, if proper care is taken and the age of the
offender is ascertained and when he is found a juvenile, care is taken to see that he
is not left in the custody of the parents, who are likely to expose him to the dangers
of the social evils and all such other conditions are met with concern for the welfare
of the child (juvenile), there will be no occasion for anybody to resort to action of
preventive detention of such person.”

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Bail for Child Alleged to be in Conflict with Law

JJ Act, 2015
Section 12. Bail to a person who is apparently a child alleged to be in conflict with law.— (1) When
any person, who is apparently a child and is alleged to have committed a bailable or non-bailable offence,
is apprehended or detained by the police or appears or brought before a Board, such person shall,
notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other
law for the time being in force, be released on bail with or without surety or placed under the supervision
of a probation officer or under the care of any fit person:
Provided that such person shall not be so released if there appears reasonable grounds for believing that
the release is likely to bring that person into association with any known criminal or expose the said
person to moral, physical or psychological danger or the person’s release would defeat the ends of justice,
and the Board shall record the reasons for denying the bail and circumstances that led to such a decision.
(2) When such person having been apprehended is not released on bail under sub-section (1) by the
officer-in-charge of the police station, such officer shall cause the person to be kept only in an observation
home in such manner as may be prescribed until the person can be brought before a Board.
(3) When such person is not released on bail under sub-section (1) by the Board, it shall make an order
sending him to an observation home or a place of safety, as the case may be, for such period during the
pendency of the inquiry regarding the person, as may be specified in the order.
(4) When a child in conflict with law is unable to fulfil the conditions of bail order within seven days of
the bail order, such child shall be produced before the Board for modification of the conditions of bail.

The Rajasthan High Court in Anita Kumari Padam Singh Vs. State of Rajasthan
[2017 Cri LJ 2480], observed that where the Petitioners are children in conflict with
law and there is no material either in the report of the Probation Officer or any other
material placed before the JJB or the Appellate Court that their release is likely to
bring them in association with known criminals or subject them to moral, physical or
psychological danger or would otherwise defeat the ends of justice, they have to be
granted bail. In Anil Kumar Vs. State of U.P. [2007 Cri LJ 200], it was held that order
refusing bail to the child in conflict with the law merely on the basis if presumption
and guess work without any substance is not sustainable.

The nature of offence is not one of the conditions on which bail can be granted or
refused to the child in conflict with the law. Unlike the usual cases where bail is
applied for by an accused and he has to make out a case for grant of bail, the
position is the reverse in the case of a bail for a child in conflict with law. Here, it is
not for the child in conflict with law to make out a case why they should be granted
bail, but it is for the arresting authority to satisfy the JJB that such child should not

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be released on bail because of the existence of any one of the three circumstances
mentioned in the Proviso to Section 12(1).

The first and second circumstances are clearly intended to ensure the safety of the
child in conflict with law, while the third circumstance is to prevent the defeat of the
ends of justice. The onus therefore is a reverse onus and is more akin to the
prosecution asking for a remand of an accused into custody rather than a prayer by
the accused for being released from custody. This principle was followed in Naisul
Khatun Vs. State of Assam & Ors. [2011 Cri LJ 326].

In Manoj @ Kali Vs. State (NCT of Delhi) [2006 Cri LJ 4759], it was held that the
question whether the ends of justice are being defeated has to be considered in the
context of welfare of the child in conflict with law.

“What needs to be adopted is a child friendly approach in the adjudication and

disposition of matters in the best interest of children and for their ultimate
rehabilitation through various institutions established under the enactment.
What is important is that the court should keep in mind the developmental
needs of juvenile and the necessity of his rehabilitation. It’s only if the
developmental needs of the child require that he be kept in custody or that
keeping in custody is necessary for his rehabilitation, or care or protection
that his release would defeat the ends of justice, not otherwise. Thus, if the
release of the child interferes with his developmental needs, the bail can be
declined by the Court on the grounds of defeat of ends of justice. Gravity of
offence etc. cannot be considered as a ground for declining the bail; putting
them under the head “would defeat the ends of justice”.

Section 12 incorporates a non-obstante clause which clearly indicates that the

provision has an overriding effect not only on the Cr.P.C but also on other laws for
the time being in force. In Praveen Kumar Maurya Vs. State of U.P. [2011 Cri LJ
200], where the case concerned an offence under the NDPS Act, it was held that
since the revisionist was a juvenile on the date of occurrence, his bail matter was

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liable to be governed by Section 12 of the JJ Act and not Section 37 of the NDPS
Act, due to the overriding effect.

In Prahalad Gaur Vs. State of U.P. [2009 Cri LJ 153], it was held that a single
instance of a child delinquent joining the company of some known criminal or
criminals would not be sufficient to satisfy the definition of the word "association"
used in Section 12. If his past conduct had been of such a nature, which indicates
his continuous association with known criminal or criminals then there would be
justification for inferring that there would be likelihood that his release may bring
him in association with known criminal(s).

In Shimil Kumar Vs. State of Haryana [2014 (1) Crimes 74 (Del.)], it was held that,
“Factors preceding the commission of an offence, his collaborators and accomplices
would be the indices for a person being endangered by evil influence, and likewise
the Board and the Court have to imaginatively conceive of succeeding consequences
to the offence, to conclude regarding the safety of a juvenile.”

The Madras High Court in Ajith Kumar Vs. State [2016 SCC OnLine Mad 4351], on
appraising Section 1(4), JJ Act, 2015 found that “the source of power for grant of
bail to a juvenile in conflict with law is not traceable to the Code of Criminal
Procedure, but to Section 12 of the Act. … Section 482, Cr.P.C cannot be used to
foreclose the power of the Board to conduct a full-fledged enquiry under Section 12
of the JJ Act, 2015.”

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Inquiry regarding Child in Conflict with Law

Sections 14 to 18 deal with the conduct of inquiry of a child in conflict with
law. Section 14 categorizes the types of offence depending upon how it is

JJ Act, 2015
Section 14. Inquiry by Board regarding child in conflict with law.— (1) Where a child alleged to be in
conflict with law is produced before Board, the Board shall hold an inquiry in accordance with the
provisions of this Act and may pass such orders in relation to such child as it deems fit under sections 17
and 18 of this Act.
(2) The inquiry under this section shall be completed within a period of four months from the date of first
production of the child before the Board, unless the period is extended, for a maximum period of two
more months by the Board, having regard to the circumstances of the case and after recording the reasons
in writing for such extension.
(3) A preliminary assessment in case of heinous offences under section 15 shall be disposed of by the
Board within a period of three months from the date of first production of the child before the Board.
(4) If inquiry by the Board under sub-section (2) for petty offences remains inconclusive even after the
extended period, the proceedings shall stand terminated:
Provided that for serious or heinous offences, in case the Board requires further extension of time for
completion of inquiry, the same shall be granted by the Chief Judicial Magistrate or, as the case may be,
the Chief Metropolitan Magistrate, for reasons to be recorded in writing.
(5) The Board shall take the following steps to ensure fair and speedy inquiry, namely:—
(a) at the time of initiating the inquiry, the Board shall satisfy itself that the child in conflict with
law has not been subjected to any ill-treatment by the police or by any other person, including a
lawyer or probation officer and take corrective steps in case of such ill-treatment;
(b) in all cases under the Act, the proceedings shall be conducted in simple manner as possible
and care shall be taken to ensure that the child, against whom the proceedings have been
instituted, is given child-friendly atmosphere during the proceedings;
(c) every child brought before the Board shall be given the opportunity of being heard and
participate in the inquiry;
(d) cases of petty offences, shall be disposed of by the Board through summary proceedings, as
per the procedure prescribed under the Code of Criminal Procedure, 1973 (2 of 1974);
(e) inquiry of serious offences shall be disposed of by the Board, by following the procedure, for
trial in summons cases under the Code of Criminal Procedure, 1973 (2 of 1974);
(f) inquiry of heinous offences,—
(i) for child below the age of sixteen years as on the date of commission of an offence
shall be disposed of by the Board under clause (e);
(ii) for child above the age of sixteen years as on the date of commission of an offence
shall be dealt with in the manner prescribed under section 15.

committed. Sections 15 The Supreme Court in Sampurna Behura Vs. Union of India
[(2018) 4 SCC 433], observed in paragraph 73 that, “a Probation Officer has a very
important role to play in ensuring that a juvenile in conflict with law is given
adequate representation and a fair hearing before the JJB and the enquiry is
conducted in a manner that is conducive to the rehabilitation of the juvenile in

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conflict with law. In this regard, the preparation of an individual care plan and post-
release plan gain immense significance and a Probation Officer has an important role
to play in this.”

As per Section 14(2), an inquiry to determine whether the child has committed the
alleged offence or not must be completed within four months from the date of first
production of the child before the JJB. This period may be extended for the
maximum of two months by the JJB for reasons to be recorded regarding the
circumstances requiring such extension. The Preliminary Assessment when required
is to be completed within three months and the age inquiry within fifteen days.
There is no cap on the number of extensions on the duration for which the Chief
Judicial Magistrate and Chief Metropolitan Magistrate may extend the period of
inquiry in these cases. However, care needs to be taken to ensure that no
unreasonable delays are permitted while granting extensions.

Section 14(4) suggests that no formal application needs to be made by the child
seeking termination of such proceedings. The proceedings stand terminated even if
no such order is passed by the JJB. Any other order except closure of the matter is
not permitted by the language used in this provision.

Section 14(5) provides for steps to be followed by the JJB in order to ensure a fair
and speedy inquiry. The JJB is specifically charged with the responsibility of
satisfying itself that the child has not been subjected to any ill-treatment by any
person including the police, lawyer or probation officer.

The classification of offences as under Clauses (d), (e) and (f) of Section 14(5)
provides for different procedures to be followed by the JJB while conducting inquiry.
Cases of petty offences are to be disposed by the JJB following summary
proceedings as provided under Sections 262 to 264 of the Cr.P.C. Cases of serious
offence by any child, or heinous offence by children below the age of sixteen years
are to be disposed by following the summons procedure as provided under Sections
251 to 255 of the Cr.P.C. In cases involving heinous offence by a child above the

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age of sixteen years, the JJB has to first conduct a preliminary assessment to decide
whether or not to transfer the child to the Children’s Court. If the JJB decides to
dispose the case itself, summons procedure as per the CrPC has to be followed.

The procedure under Rule 11, JJ Model Rules, 2016, needs to be followed by the JJB
in the completion of its inquiry.

JJ Model Rules, 2016

Rule 11. Completion of Inquiry.- (1) Where after preliminary assessment under section 15 of the Act, in
cases of heinous offences allegedly committed by a child, the Board decides to dispose of the matter, the
Board may pass any of the dispositional orders as specified in section 18 of the Act.
(2) Before passing an order, the Board shall obtain a social investigation report in Form 6 prepared by the
Probation Officer or Child Welfare Officer or social worker as ordered, and take the findings of the report
into account.
(3) All dispositional orders passed by the Board shall necessarily include an individual care plan in Form 7
for the child in conflict with law concerned, prepared by a Probation Officer or Child Welfare Officer or a
recognised voluntary organisation on the basis of interaction with the child and his family, where possible.
(4) Where the Board is satisfied that it is neither in the interest of the child himself nor in the interest of
other children to keep a child in the special home, the Board may order the child to be kept in a place of
safety and in a manner considered appropriate by it.
(5) Where the Board decides to release the child after advice or admonition or after participation in group
counselling or orders him to perform community service, necessary direction may also be issued by the
Board to the District Child Protection Unit for arranging such counselling and community service.
(6) Where the Board decides to release the child in conflict with law on probation and place him under
the care of the parent or the guardian or fit person, the person in whose custody the child is released may
be required to submit a written undertaking in Form 8 for good behaviour and well-being of the child for a
maximum period of three years.
(7) The Board may order the release of a child in conflict with law on execution of a personal bond
without surety in Form 9.
(8) In the event of placement of the child in a fit facility or special home, the Board shall consider that the
fit facility or special home is located nearest to the place of residence of the child’s parent or guardian,
except where it is not in the best interest of the child to do so.
(9) The Board, where it releases a child on probation and places him under the care of parent or guardian
or fit person or where the child is released on probation and placed under the care of fit facility, it may
also order that the child be placed under the supervision of a Probation Officer who shall submit periodic
reports in Form 10 and the period of such supervision shall be maximum of three years.
(10) Where it appears to the Board that the child has not complied with the probation conditions, it may
order the child to be produced before it and may send the child to a special home or place of safety for the
remaining period of supervision.
(11) In no case, the period of stay in the special home or the place of safety shall exceed the maximum
period provided in clause (g) of sub-section (1) of section 18 of the Act.

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The Placement of Persons under the JJ Act, 2015 has been divided into two
categories in accordance with Sections 5 and 6, which shall be incorporated by the
JJB in the conduct of its inquiry.

JJ Act, 2015
Section 5. Placement of person, who cease to be a child during process of inquiry.— Where an inquiry
has been initiated in respect of any child under this Act, and during the course of such inquiry, the child
completes the age of eighteen years, then, notwithstanding anything contained in this Act or in any other
law for the time being in force, the inquiry may be continued by the Board and orders may be passed in
respect of such person as if such person had continued to be a child.
Section 6. Placement of persons, who committed an offence, when person was below the age of
eighteen years.— (1) Any person, who has completed eighteen years of age, and is apprehended for
committing an offence when he was below the age of eighteen years, then, such person shall, subject to
the provisions of this section, be treated as a child during the process of inquiry.
(2) The person referred to in sub-section (1), if not released on bail by the Board shall be placed in a place
of safety during the process of inquiry.
(3) The person referred to in sub-section (1) shall be treated as per the procedure specified under the
provisions of this Act.

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Preliminary Assessment by JJB

JJ Act, 2015
Section 15. Preliminary assessment into heinous offences by Board.— (1) In case of a heinous offence
alleged to have been committed by a child, who has completed or is above the age of sixteen years, the
Board shall conduct a preliminary assessment with regard to his mental and physical capacity to commit
such offence, ability to understand the consequences of the offence and the circumstances in which he
allegedly committed the offence, and may pass an order in accordance with the provisions of sub-section
(3) of section 18:
Provided that for such an assessment, the Board may take the assistance of experienced psychologists or
psycho-social workers or other experts.
Explanation.— For the purposes of this section, it is clarified that preliminary assessment is not a trial, but
is to assess the capacity of such child to commit and understand the consequences of the alleged offence.
(2) Where the Board is satisfied on preliminary assessment that the matter should be disposed of by the
Board, then the Board shall follow the procedure, as far as may be, for trial in summons case under the
Code of Criminal Procedure, 1973 (2 of 1974):
Provided that the order of the Board to dispose of the matter shall be appealable under sub-section (2) of
section 101:
Provided further that the assessment under this section shall be completed within the period specified in
section 14.
JJ Model Rules, 2016
Rule 10A. Preliminary assessment into heinous offences by Board.- (1) The Board shall in the first
instance determine whether the child is of sixteen years of age or above; if not, it shall proceed as per
provisions of section 14 of the Act.
(2) For the purpose of conducting a preliminary assessment in case of heinous offences, the Board
may take the assistance of psychologists or psycho-social workers or other experts who have experience of
working with children in difficult circumstances. A panel of such experts may be made available by the
District Child Protection Unit, whose assistance can be taken by the Board or could be accessed
independently.
(3) While making the preliminary assessment, the child shall be presumed to be innocent unless proved
otherwise.
(4) Where the Board, after preliminary assessment under section 15 of the Act, passes an order that there is
a need for trial of the said child as an adult, it shall assign reasons for the same and the copy of the order
shall be provided to the child forthwith.

The Juvenile Justice Board under section 15 of the Act has the power to determine
whether a juvenile offender is to be sent for rehabilitation or be tried as an adult.
The basis for determining whether trial of the juvenile will be conducted as is for an
adult is a preliminary assessment of his mental and physical capacity. Section 15 of
the Juvenile Justice Act, 2015 states that, in case of ‘heinous crimes’, the Board may
take the assistance of experienced psychologists or psycho-social workers or other
experts.
A preliminary assessment conducted in the case of ‘heinous offences’ under section
15 shall be disposed of by the board within a stipulated time period. While making

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an assessment, the child shall be presumed to be innocent unless proven otherwise.

The Board then passes an order for trial as an adult, if he deems fit, and assigns
reasons for the same. Section 15– Preliminary assessment into heinous offences by
Board it deals with inquiry (I) if a child beneath the age of sixteen years as on the
date of commission of an offense will be discarded by the Board under proviso (e);
(ii) for a child over the age of sixteen years as on the date of commission of an
offense will be managed in the way recommended under section 15.

In Gangajali Education Society Vs.Union of India, (2017) 16 SCC 656) the Supreme
Court while discussing about an oversight committee vested with the powers of the
Court held as follows, “the Competent Authority is not expected to give elaborate
reasons but is certainly bound to advert to the relevant factors noticed by the
Oversight Committee (OC) and record its clear finding that it was disagreeing with
the same for some tangible reasons discernable from the record before it. It is also
possible that the Competent Authority may have additional reasons or advert to
some material which has been glossed over by the OC, but then, the decision-
making process would require the Competent Authority to not only advert to such
matter but also record its reasons to come to a different conclusion.”

In Jaya Mala Vs. Home Secretary, Government of Jammu & Kashmir AIR 1982 SC
1297 the Supreme Court held as follows, “Growing in age day by day is an
involuntary process and the anatomical changes in the structure of the body
continuously occur. Even on normal calculation, if seven months are deducted from
the approximate age opined by the expert in October, 1981 detenu was around 17
years of age, consequently the statement made in the petition turns out to be
wholly true. However, it is notorious and one can take judicial notice that the margin
of error in age ascertained by radiological examination is two years on either side.
Undoubtedly, therefore, the detenu was a young school going boy. It equally
appears that there was some upheaval in the educational institutions. This, young
school going boy may be enthusiastic about the students' rights and on two different
dates he marginally crossed the bounds of law. It passes comprehension to believe

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that he can be visited with drastic measure of preventive detention. One cannot
treat young people, may be immature, may be even slightly misdirected, and may
be a little more enthusiastic, with a sledge hammer.”

In Gopinath Ghosh Vs. The State of West Bengal [AIR 1984 SC 237], the Supreme
Court held as follows, “whenever a case is brought before the Magistrate and the
accused appears to be aged 21 years as below, before proceeding with the trial or
undertaking an inquiry, an inquiry must be made about the age of the accused on
the date of the occurrence. This ought to be more so where special acts dealing with
juvenile delinquent are in force. If necessary, the Magistrate may refer the accused
to the Medical Board or the Civil Surgeon, as the case may be, for obtaining credit
worthy evidence about age. The Magistrate may as well call upon accused also to
lead evidence about his age. Thereafter, the learned Magistrate may proceed in
accordance with law. This procedure, if properly followed, would avoid a journey
upto the Apex Court and the; return journey to the grass-root court. If necessary
and found expedient, the High Court may on its administrative side issue necessary
instructions to cope with the situation herein indicated.”

Rule 10A of the JJ Model Rules, 2016 prescribes the procedure for preliminary
assessment into ‘heinous offences’ by the Board. According to sub-rule (3), while
making the preliminary assessment, the child shall be presumed to be innocent.

The crux is that the formulation of the opinion must, therefore, be by the JJB itself
and none else. It is trite law that no authority can abdicate its decision-making
power to another authority.

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Pendency of Inquiry
Section 16, JJ Act, 2015, read with Rule 12, JJ Model Rules, 2016, provides for the
Review of pendency of inquiry proceedings before the JJB.

JJ Act, 2015
Section 16. Review of pendency of inquiry.— (1) The Chief Judicial Magistrate or the Chief
Metropolitan Magistrate shall review the pendency of cases of the Board once in every three months, and
shall direct the Board to increase the frequency of its sittings or may recommend the constitution of
additional Boards.
(2) The number of cases pending before the Board, duration of such pendency, nature of pendency and
reasons thereof shall be reviewed in every six months by a high level committee consisting of the
Executive Chairperson of the State Legal Services Authority, who shall be the Chairperson, the Home
Secretary, the Secretary responsible for the implementation of this Act in the State and a representative
from a voluntary or non-governmental organisation to be nominated by the Chairperson.
(3) The information of such pendency shall also be furnished by the Board to the Chief Judicial Magistrate
or the Chief Metropolitan Magistrate and the District Magistrate on quarterly basis in such form as may be
prescribed by the State Government.
JJ Model Rules, 2016
Rule 12. Pendency of Inquiry.- (1) For the purpose of sub-section (3) of section 16 of the Act, the Board
shall maintain a 'Case Monitoring Sheet' of every case and every child in Form 11. The said Form shall be
kept at the top of each case file and shall be updated from time to time. The following points shall be
considered so far as ‘progress of inquiry’ mentioned in Form 11 is concerned:
(i) time schedule for disposal of the case shall be fixed on the first date of hearing;
(ii) scheduled date given in column No. (2) of ‘progress of inquiry' shall be the outer limit within
which the steps indicated in column (1) are to be completed.
(2) The Board shall submit a quarterly report in Form 12 about the pendency of the cases, visits to
Homes etc. to the following:
(i) Chief Judicial Magistrate or Chief Metropolitan Magistrate;
(ii) District Magistrate.
(3) The District Judge shall conduct an inspection of the Board once every quarter and appraise the
performance of the members of the Board on the basis of their participation in the proceedings of the
Board and submit a report to the Selection Committee constituted under rule 87 of these rules.

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Orders passed by the JJB

JJ Act, 2015
Section 17. Orders regarding a child not found to be in conflict with law.— (1) Where a Board is
satisfied on inquiry that the child brought before it has not committed any offence, then notwithstanding
anything contrary contained in any other law for the time being in force, the Board shall pass order to that
effect.
(2) In case it appears to the Board that the child referred to in sub-section (1) is in need of care and
protection, it may refer the child to the Committee with appropriate directions.
Section 18. Orders regarding child found to be in conflict with law.— (1) Where a Board is satisfied
on inquiry that a child irrespective of age has committed a petty offence, or a serious offence, or a child
below the age of sixteen years has committed a heinous offence, then, notwithstanding anything contrary
contained in any other law for the time being in force, and based on the nature of offence, specific need for
supervision or intervention, circumstances as brought out in the social investigation report and past
conduct of the child, the Board may, if it so thinks fit,—
(a) allow the child to go home after advice or admonition by following appropriate inquiry and
counselling to such child and to his parents or the guardian;
(b) direct the child to participate in group counselling and similar activities;
(c) order the child to perform community service under the supervision of an organisation or
institution, or a specified person, persons or group of persons identified by the Board;
(d) order the child or parents or the guardian of the child to pay fine:
Provided that, in case the child is working, it may be ensured that the provisions of any labour law
for the time being in force are not violated;
(e) direct the child to be released on probation of good conduct and placed under the care of any
parent, guardian or fit person, on such parent, guardian or fit person executing a bond, with or
without surety, as the Board may require, for the good behaviour and child’s well-being for any
period not exceeding three years;
(f) direct the child to be released on probation of good conduct and placed under the care and
supervision of any fit facility for ensuring the good behaviour and child’s well-being for any
period not exceeding three years;
(g) direct the child to be sent to a special home, for such period, not exceeding three years, as it
thinks fit, for providing reformative services including education, skill development, counselling,
behaviour modification therapy, and psychiatric support during the period of stay in the special
home:
Provided that if the conduct and behaviour of the child has been such that, it would not be in the
child’s interest, or in the interest of other children housed in a special home, the Board may send
such child to the place of safety.
(2) If an order is passed under clauses (a) to (g) of sub-section (1), the Board may, in addition pass orders
to—
(i) attend school; or
(ii) attend a vocational training centre; or
(iii) attend a therapeutic centre; or
(iv) prohibit the child from visiting, frequenting or appearing at a specified place; or
(v) undergo a de-addiction programme.
(3) Where the Board after preliminary assessment under section 15 pass an order that there is a need for
trial of the said child as an adult, then the Board may order transfer of the trial of the case to the Children’s
Court having jurisdiction to try such offences.

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JJ Act, 2015
Section 21. Order that may not be passed against a child in conflict with law.— No child in conflict
with law shall be sentenced to death or for life imprisonment without the possibility of release, for any
such offence, either under the provisions of this Act or under the provisions of the Indian Penal Code (45
of 1860) or any other law for the time being in force.
Section 22. Proceeding under Chapter VIII of the Code of Criminal Procedure not to apply against
child.— Notwithstanding anything to the contrary contained in the Code of Criminal Procedure, 1973 (2
of 1974), or any preventive detention law for the time being in force, no proceeding shall be instituted and
no order shall be passed against any child under Chapter VIII of the said Code.
Section 23. No joint proceedings of child in conflict with law and person not a child.— (1)
Notwithstanding anything contained in section 223 of the Code of Criminal Procedure, 1973 (2 of 1974)
or in any other law for the time being in force, there shall be no joint proceedings of a child alleged to be
in conflict with law, with a person who is not a child.
(2) If during the inquiry by the Board or by the Children’s Court, the person alleged to be in conflict with
law is found that he is not a child, such person shall not be tried along with a child.

The Supreme Court In re, Exploitation of Children in Orphanages [(2017) 7 SCC

578], observed that “a child accused of an offence and brought before the Juvenile
Justice Board or any other authority might also be a child in need of care and
protection.”
Therefore, care must be taken in dealing with the child in conflict with law.

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Children’s Court
The JJB after doing a preliminary assessment and in its own discretion decides if the
case needs to be heard in the JJB or should be transferred to the Children’s Court.
The Children Court is established under The Commission of Protection of Child
Rights Act, 2005 or Special Court established under The Protection of Children from
Sexual Offences Act, 2012 and the Court of Sessions/ Mahila Court where above
special courts are not established.

Powers of Children’s Court

JJ Act, 2015
Section 19. Powers of Children’s Court.— (1) After the receipt of preliminary assessment from the
Board under section 15, the Children’s Court may decide that—
(i) there is a need for trial of the child as an adult as per the provisions of the Code of Criminal
Procedure, 1973 (2 of 1974) and pass appropriate orders after trial subject to the provisions of this
section and section 21, considering the special needs of the child, the tenets of fair trial and
maintaining a child friendly atmosphere;
(ii) there is no need for trial of the child as an adult and may conduct an inquiry as a Board and
pass appropriate orders in accordance with the provisions of section 18.
(2) The Children’s Court shall ensure that the final order, with regard to a child in conflict with law, shall
include an individual care plan for the rehabilitation of child, including follow up by the probation officer
or the District Child Protection Unit or a social worker.
(3) The Children’s Court shall ensure that the child who is found to be in conflict with law is sent to a
place of safety till he attains the age of twenty-one years and thereafter, the person shall be transferred to a
jail:
Provided that the reformative services including educational services, skill development, alternative
therapy such as counselling, behaviour modification therapy, and psychiatric support shall be provided to
the child during the period of his stay in the place of safety.
(4) The Children’s Court shall ensure that there is a periodic follow up report every year by the probation
officer or the District Child Protection Unit or a social worker, as required, to evaluate the progress of the
child in the place of safety and to ensure that there is no ill-treatment to the child in any form.
(5) The reports under sub-section (4) shall be forwarded to the Children’s Court for record and follow up,
as may be required.

The Supreme Court in Shilpa Mittal Vs. State (NCT of Delhi) [(2020) 2 SCC 787] in
paragraph 18, observed that, “The Children's Court constituted under the 2015 Act
has to determine whether there is actually any need for trial of the child as an adult
under the provisions of CrPC and pass appropriate orders in this regard. The
Children's Court should also take into consideration the special needs of the child,
tenets of fair trial and maintaining child-friendly atmosphere. The Court can also

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hold that there is no need to try the child as an adult. Even if the Children's Court
holds that the child has to be tried as an adult, it must ensure that the final order
includes an individual care plan for rehabilitation of the child as specified in sub-
section (2) of Section 19. Furthermore, under sub-section (3) such a child must be
kept in a place of safety and cannot be sent to jail till the child attains the age of 21
years, even if such a child has to be tried as an adult. It is also provided that though
the child may be tried as an adult, reformative services, educational services, skill
development, alternative therapy, counselling, behaviour modification, and
psychiatric support is provided to the child during the period the child is kept in the
place of safety.

Rule 13, JJ Model Rules, 2016 provides that the Children’s Court shall, upon receipt
of the Preliminary Assessment Report of the JJB, further determine whether the
child in conflict with the law is to be tried as an adult. The JJ Act is silent about the
procedure to be followed by the Children’s Court when it decides to try the child as
an adult, although generally the provisions as per the Cr.P.C with reference to the
offence charged would be followed. Even in such cases it is required to follow the
tenets of fair trial and maintain a child friendly atmosphere while conducting the trial
in terms of Section 19(1)(i).

Removal of Disqualification and Destruction of Records

JJ Model Rules, 2016
Rule 14. Destruction of records.- The records of conviction in respect of a child in conflict with law shall
be kept in safe custody till the expiry of the period of appeal or for a period of seven years, and no longer,
and thereafter be destroyed by the Person-in-charge or Board or Children’s Court, as the case may be:
Provided that in case of a heinous offence where the child is found to be in conflict with law under clause
(i) of sub-section (1) of section 19 of the Act, the relevant records of conviction of such child shall be
retained by the Children’s Court.

Section 24 provides for the removal of disqualification on the findings of an offence.

Section 24(1) states that, except in cases involving a child aged sixteen years and
above who has been found to be in conflict with law by the Children’s Court under
Section 19(1)(i), the child who has committed an offence shall not suffer any
disqualification attached to a conviction for the offence under the concerned law. As

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per Section 24(2), the conviction records are to be destroyed after the expiry of the
period of appeal or as prescribed. An order to this effect is to be passed by the JJB
directing the police, or by the Children’s Court directing its registry. However, in case
the conviction records are to be retained by the Children’s Court. This provision is to
be read with Rule 14, JJ Model Rules, 2016, which provides for destruction of
records.

Section 25 is a special provision applicable to cases pending before the JJB or Court
prior to the JJ Act, 2015. It states that the continuity of such proceedings pertaining
to a child alleged or found to be in conflict with law shall not be affected by the
enactment of the JJ Act, 2015.

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CHAPTER V: Child Welfare Committee [CWC]

The CWC is one of the key stakeholders in dealing with children in need of care and
protection. The establishment and functioning of the CWC is dealt with under
Chapter V of the JJ Act, 2015 vide Sections 27 to 30, and Chapter IV of the JJ Model
Rules, 2016 vide Rules 15 to 17.

JJ Act, 2015
Section 27. Child Welfare Committee.— (1) The State Government shall by notification in the Official
Gazette constitute for every district, one or more Child Welfare Committees for exercising the powers and
to discharge the duties conferred on such Committees in relation to children in need of care and protection
under this Act and ensure that induction training and sensitisation of all members of the committee is
provided within two months from the date of notification.
(2) The Committee shall consist of a Chairperson, and four other members as the State Government may
think fit to appoint, of whom at least one shall be a woman and another, an expert on the matters
concerning children.
(3) The District Child Protection Unit shall provide a Secretary and other staff that may be required for
secretarial support to the Committee for its effective functioning.
(4) No person shall be appointed as a member of the Committee unless such person has been actively
involved in health, education or welfare activities pertaining to children for at least seven years or is a
practicing professional with a degree in child psychology or psychiatry or law or social work or sociology
or human development.
(5) No person shall be appointed as a member unless he possesses such other qualifications as may be
prescribed.
(6) No person shall be appointed for a period of more than three years as a member of the Committee.
(7) The appointment of any member of the Committee shall be terminated by the State Government
after making an inquiry, if—
(i) he has been found guilty of misuse of power vested on him under this Act;
(ii) he has been convicted of an offence involving moral turpitude and such conviction has not
been reversed or he has not been granted full pardon in respect of such offence;
(iii) he fails to attend the proceedings of the Committee consecutively for three months without
any valid reason or he fails to attend less than three-fourths of the sittings in a year.
(8) The District Magistrate shall conduct a quarterly review of the functioning of the Committee.
(9) The Committee shall function as a Bench and shall have the powers conferred by the Code of Criminal
Procedure, 1973 (2 of 1974) on a Metropolitan Magistrate or, as the case may be, a Judicial Magistrate of
First Class.
(10) The District Magistrate shall be the grievances redressal authority for the Child Welfare Committee
and anyone connected with the child, may file a petition before the District Magistrate, who shall consider
and pass appropriate orders.

Section 27(1) imposes the responsibility on the State Government to establish at

least one CWC in every district, and also provide training and sensitisation for all its
members. Sub-sections (2) to (7) of Section 27 provides for the composition of the
CWC as well as the eligibility criteria and termination of its members.

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Rule 15, JJ Model Rules, 2016 also governs the composition and qualifications of
members of the CWC.

JJ Model Rules, 2016

Rule 15. Composition and Qualifications of Members of the Committee.- (1) There shall be one or
more Committees in each district to be constituted by the State Government through a notification in the
Official Gazette.
(2) The Chairperson and members of the Committee shall be appointed by the State Government on the
recommendation of the Selection Committee under rule 87 of these rules.
(3) The Chairperson and the members shall be above the age of thirty-five years and shall have a minimum
of seven years of experience of working with children in the field of education, health, or welfare
activities, or should be a practicing professional with a degree in child psychology or psychiatry or social
work or sociology or human development or in the field of law or a retired judicial officer.
(4) A member of the Committee shall be eligible for appointment of maximum of two terms, which shall
not be continuous.
(5) All persons, on selection shall mandatorily be given training under rule 89 within a period of sixty days
from the date of appointment.
(6) The Chairperson and the members may resign at any time by giving one month's notice in writing to
the State Government.

As per Section 27(8), the functioning of the CWC shall be reviewed every quarter by
the District Magistrate, who is empowered under Section 27(10) to handle
grievances petitioned by anyone connected with the child. Section 27(9) enables the
CWC to function as a Bench, and grants powers equivalent to that of a Metropolitan
Magistrate or a Judicial Magistrate of First Class, as conferred by the Cr.P.C.

Procedure followed by the CWC

JJ Act, 2015
Section 28. Procedure in relation to Committee.— (1) The Committee shall meet at least twenty days in
a month and shall observe such rules and procedures with regard to the transaction of business at its
meetings, as may be prescribed.
(2) A visit to an existing child care institution by the Committee, to check its functioning and well being of
children shall be considered as a sitting of the Committee.
(3) A child in need of care and protection may be produced before an individual member of the Committee
for being placed in a Children’s Home or fit person when the Committee is not in session.
(4) In the event of any difference of opinion among the members of the Committee at the time of taking
any decision, the opinion of the majority shall prevail but where there is no such majority, the opinion of
the Chairperson shall prevail.
(5) Subject to the provisions of sub-section (1), the Committee may act, notwithstanding the absence of
any member of the Committee, and no order made by the Committee shall be invalid by reason only of the
absence of any member during any stage of the proceeding:
Provided that there shall be at least three members present at the time of final disposal of the case.

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Section 28(2) is the same as Rule 16(2), which states that a sitting of the CWC also
includes visits to a Child Care Institution for the purpose of evaluating its
functioning. Section 28(3) provides that a child can be produced by any of the
stakeholders specified under Section 31, JJ Act, 2015, before a single member of the
CWC when there is no sitting. Sections 28(4) and (5) prescribes the manner of
decision-making by the CWC.

JJ Model Rules, 2016

Rule 16. Rules and Procedures of Committee.- (1) The Chairperson and members of the Committee
shall be paid such sitting allowance, travel allowance and any other allowance, as the State Government
may prescribe but not less than Rs.1500 /- per sitting.
(2) A visit to an existing Child Care Institution by the Committee shall be considered as a sitting of the
Committee.
(3) The Committee shall hold its sittings in the premises of a children’s home or, at a place in proximity to
the children’s home or, at a suitable premises in any institution run under the Act for children in need of
care and protection.
(4) The Committee shall ensure that no person(s) un-connected with the case remains present in the room
when the session is in progress.
(5) The Committee shall ensure that only those person(s), in the presence of whom the child feels
comfortable, shall be allowed to remain present during the sitting.
(6) At least one member of the Committee shall always be available or accessible to take cognizance of
any matter of emergency and issue necessary directions to the Special Juvenile Police Unit or local police
of the district. For this purpose the Chairperson of the Committee shall draw up a monthly duty roster of
the Committee members who shall be available and accessible every day, including on Sundays and
holidays. The roster shall be circulated in advance to all the police stations, the Chief Judicial
Magistrate/Chief Metropolitan Magistrate, the District Judge, the District Magistrate, the Board, the
District Child Protection Unit and the Special Juvenile Police Unit.
(7) The Committee shall sit on all working days for a minimum of six hours commensurate with the
working hours of a magistrate court, unless the case pendency is less in a particular district and the State
Government concerned issues an order in this regard:
Provided that the State Government may, by notification in the Official Gazette constitute more than one
Committee in a district after giving due consideration to the pendency of the cases, area or terrain of the
district, population density or any other consideration.
(8) On receiving information about a child or children in need of care and protection, who cannot be
produced before the Committee, the Committee shall reach out to the child or children and hold its sitting
at a place that is convenient for such child or children.
(9) While communicating with the child, the Committee members shall use child friendly techniques
through their conduct.
(10) The Committee shall hold its sittings in a child-friendly premises which shall not look like a court
room in any manner and the sitting arrangement should be such to enable the Committee to interact with
the child face to face.
(11) The Committee shall not sit on a raised platform and there shall be no barriers, such as witness boxes
or bars between the Committee and the children
(12) The Committee shall be provided infrastructure and staff by the State Government.

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Rule 16 prescribes the manner of holding the sittings of the CWC, and also provides
for flexibility when the child cannot be produced before the CWC. A conjoint reading
of the Rule reinforces the principle of centring the best interests of the child, and
enabling participation of the child.

Powers of the CWC

JJ Act, 2015
Section 29. Powers of Committee.— (1) The Committee shall have the authority to dispose of cases for
the care, protection, treatment, development and rehabilitation of children in need of care and protection,
as well as to provide for their basic needs and protection.
(2) Where a Committee has been constituted for any area, such Committee shall, notwithstanding anything
contained in any other law for the time being in force, but save as otherwise expressly provided in this
Act, have the power to deal exclusively with all proceedings under this Act relating to children in need of
care and protection.

Section 29 read with Section 1(4) makes it clear that notwithstanding anything
contained in any other law for the time being in force, the CWC has the exclusive
power to dispose of all matters concerning children in need of care and protection.
In Child Welfare Committee Vs. Govt. of NCT Delhi [152 (2008) DLT 586], it was
held that “The CWC is given wide powers and has been entrusted with the
responsibility and duty for providing care, protection, treatment, development and
rehabilitation of the Children.”

In exercise of its powers under Section 29, the CWC embarks on two kinds of
inquiries, one for determining the age of the person produced before it, and the
other, for determining whether the child produced before it is in need of care and
protection. For the former, the procedure for age determination under Section 94, JJ
Act, 2015 has to be employed.

The powers, functions and responsibilities of the CWC are not limited to disposing of
the matters relating to children in need of care and protection, but extend to
ensuring that the children are not subject to any harm or violence at any stage
either during proceedings, or during their stay in Child Care Institutions.

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Functions and Responsibilities of the CWC

JJ Act, 2015
Section 30. Functions and responsibilities of Committee.— The functions and responsibilities of the
Committee shall include—
(i) taking cognizance of and receiving the children produced before it;
(ii) conducting inquiry on all issues relating to and affecting the safety and well-being of the children
under this Act;
(iii) directing the Child Welfare Officers or probation officers or District Child Protection Unit or non-
governmental organisations to conduct social investigation and submit a report before the Committee;
(iv) conducting inquiry for declaring fit persons for care of children in need of care and protection;
(v) directing placement of a child in foster care;
(vi) ensuring care, protection, appropriate rehabilitation or restoration of children in need of care and
protection, based on the child’s individual care plan and passing necessary directions to parents or
guardians or fit persons or children’s homes or fit facility in this regard;
(vii) selecting registered institution for placement of each child requiring institutional support, based on
the child’s age, gender, disability and needs and keeping in mind the available capacity of the institution;
(viii) conducting at least two inspection visits per month of residential facilities for children in need of
care and protection and recommending action for improvement in quality of services to the District Child
Protection Unit and the State Government;
(ix) certifying the execution of the surrender deed by the parents and ensuring that they are given time to
reconsider their decision as well as making all efforts to keep the family together;
(x) ensuring that all efforts are made for restoration of abandoned or lost children to their families
following due process, as may be prescribed;
(xi) declaration of orphan, abandoned and surrendered child as legally free for adoption after due inquiry;
(xii) taking suo motu cognizance of cases and reaching out to children in need of care and protection, who
are not produced before the Committee, provided that such decision is taken by at least three members;
(xiii) taking action for rehabilitation of sexually abused children who are reported as children in need of
care and protection to the Committee by Special Juvenile Police Unit or local police, as the case may be,
under the Protection of Children from Sexual Offences Act, 2012 (32 of 2012);
(xiv) dealing with cases referred by the Board under sub-section (2) of section 17;
(xv) co-ordinate with the police, labour department and other agencies involved in the care and protection
of children with support of the District Child Protection Unit or the State Government;
(xvi) in case of a complaint of abuse of a child in any child care institution, the Committee shall conduct
an inquiry and give directions to the police or the District Child Protection Unit or labour department or
childline services, as the case may be;
(xvii) accessing appropriate legal services for children;
(xviii) such other functions and responsibilities, as may be prescribed.

The other functions and responsibilities as mentioned in Section 30(xviii), are

provided under Rule 17, JJ Model Rules, 2016. Thus, the powers, functions and
responsibilities of the CWC are further explicated in Chapter VI of the JJ Act, 2015,
which provides for the procedure in relation children in need of care and protection.

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CHAPTER VI: Procedure in Relation to Children in Need of Care and

Protection
 Section 31- Production before Committee
Any child in need of care and protection may be produced before the committee by
any of the following persons, namely- police officer, special juvenile police unit,
designated child welfare police officer, district child protection unit, inspector
appointed by any labour law, public servant, child-line services, NGOs recognized by
the State Government, child welfare officer, probation officer, social worker, public
spirited citizen, child himself, nurse, doctor, management of a nursing home,
hospital, maternity home). The child shall be produced before the committee
without loss of time, within 24 hours excluding the time necessary for the journey.

 Rule 18 Production before Committee

Any child in need of care and protection shall be produced before the Committee
during the working hours at its place of sitting and beyond working hours before the
member as per the duty roster. Where the child cannot be produced before the
Committee, the Committee shall reach out to the child where the child is located.
Whoever produces the child before the Committee shall make a report in Form 17
containing the particulars of the child as well as the circumstances in which the child
was received or found. In case of a child less than two years of age, who is
medically unfit, the person or the organization who comes in contact with the child
in need of care and protection shall send a written report along with the photograph
of the child to the Committee within twenty-four hours and produce the child before
the Committee as soon as the child is medically fit along with a medical certificate to
that effect.

The Committee after interaction with the child may issue directions for placing the
child with the parent or guardian or Children’s Home, where such Home is available
in the vicinity of the Committee before which the child is produced, and in the
absence of such Home, to direct the placing of the child in safe custody of a fit
person or a fit facility. The Committee or the member on duty shall issue the order

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for placing the child in Children’s Home in Form 18. The Committee or the member
on duty shall order immediate medical examination of the child produced before the
Committee or the member on duty, if such examination is needed. In the case of
abandoned or lost or orphaned child, the Committee, before passing an order
granting interim custody of the child pending inquiry, shall see that, the information
regarding such child is uploaded on a designated portal. The Committee may, while
making an order in Form 19 for placing a child under the care of a parent, guardian
or fit person, pending inquiry or at the time of restoration, as the case may be,
direct such parent, guardian or fit person to enter into an undertaking in Form 20.

Whenever the Committee orders a child to be kept in an institution, it shall forward

to the Person-in charge of such institution, a copy of the order of short term
placement pending inquiry in Form 18 with particulars of the Child Care Institution
and parents or guardian and previous record. A copy of such order shall also be
forwarded to the District Child Protection Unit.

 Geetanjali Dogra v. State, 2019 SCC OnLine Del 10009

 Priya Yadav v. State of M.P. 2017 (2) MPLJ 404
“Under the Act of 2015 and the Rules framed thereunder, CWC is not conferred with
a power to give the custody of the child. It is a case wherein due to dispute in
between the husband and wife, proceedings are pending between them, however
CWC, Indore cannot direct visitation right to meet the child either to husband or to
wife in the facts of the case. In the said context the provisions of the Guardians and
Wards Act, 1890 are relevant whereby as per section 7, the court may make an
order as to guardianship on submitting an application by a person as specified in
section 8 before the competent Court having jurisdiction to entertain such an
application in a form as prescribed. As per section 7 the Court may have power to
decide who would be the guardian of the child. Similarly in the Family Courts Act, as
per section 7(1)(b), explanation (g) the proceedings may be brought before the
Family Court in a suit or proceeding asking guardianship of the child or the custody
or access to any minor.

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In view of the discussions made hereinabove, it can safely be concluded that under
the provisions of Juvenile Justice (Care and Protection of Children) Act, 2015 and
Juvenile Justice (Care and Protection of Children) Rules, 2016, Child Welfare
Committee does not confer power to give custody of a child taking it from mother
and give to the father in the manner as done by the CWC, Indore in the present
case. It is seen that CWC, Indore is passing orders granting custody of the children
and one of such order has been brought to the notice of this Court dated 25.5.2015.
In the said case also the proceedings were pending before the Family Court for
custody of the child but CWC usurp the jurisdiction and during pendency of those
proceedings directed custody of the child to the mother. Similar is the position in the
present case wherein also as per Annexure P-2, an application for custody of the
child has also been filed before the Family Court but during pendency of the said
application, respondent No. 5 applied to the CWC whereon the order of the visitation
right has been passed directing to bring the child in the office of CWC, Indore on
every Friday between 10:00 a.m. to 5:00 p.m. to the petitioner. In my considered
opinion the aforesaid exercise of powers by the CWC, Indore is not in conformity
with the Act and the Rules and also contrary to the powers conferred under the
other law applicable for the time being in force, therefore the order impugned is set
aside.

In this respect it is directed that they may exercise the powers within the ambit of
the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015
and the Rules framed therein and not beyond the same.”
 Section 32 Mandatory reporting regarding a child found separated
from guardian
Any individual (police officer, functionary of any organization, a nursing home,
hospital, maternity home,) who or which finds and takes charge, or is handed over a
child who appears or claims to be abandoned or lost, or a child who appears or
claims to be an orphan without family support shall within 24 hours (excluding the
time of journey) give information to the Child-line Services or the nearest police

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station or to a Child Welfare Committee or to the District Child Protection Unit, or

hand over the child to a child care institution registered under this Act. The
information regarding a child referred shall be mandatorily uploaded on a portal as
may be specified by the Central Government or the Committee or the District Child
Police Unit or the child care institution.
 Thankamma Nelliyaniyil v. State of Kerala, 2017 SCC OnLine Ker 10962
“12. Section 32(1) of the Act mandates the reporting within twenty-four hours
regarding a child found separated from the guardian. Section 33 of the Act provides
that if information regarding a child as provided under Section 32 is not given within
twenty four hours, then such act shall be regarded as an offence. In this case, the
prime allegation is that even though the eighth accused had received the child on
7.2.2017, the said aspect was not officially informed to the police or CWC within the
time stipulated under Section 32 of the Act. The punishment for the said offence is
provided under Section 34 of the Act. Section 34 of the Act provides imprisonment
upto six months or a fine of Rs. 10,000/- or both, as punishment. Therefore, the
said offence is also a bailable offence. Section 80 of the Act is not attracted against
the petitioners herein, as there is no allegation that accused Nos. 8, 9 or 10 had
received the child for the purpose of adoption without following the provisions or
procedures as provided under the Act.”
 Section 33 Offence of non-reporting
If information regarding a child is required u/S. 32 is not given within the period
specified, then such act shall be regarded as an offence.
 Arun v. State of Karnataka, 2019 SCC OnLine Kar 3089
“15. In Raju @ Ashish Vs. State of Uttar Pradesh [Crl.R.P No. 2492/2017, dated
03.07.2018 (unreported) case, referred to supra, the Allahabad High Court while
interpreting phrase “defeat the ends of justice” held as:— “In other words, this
Court found in the expression “defeat the ends of justice” a repose for the society to
defend itself from the onslaught of a minor in conflict with law by certainly making
relevant though not decisive, the inherent character of the offence committed by the
minor”.

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16. The Hon'ble Supreme Court in Omprakash Vs. State of Rajasthan [Crl.A.No.
651/2012, dated 13.04.2012], about the phrase “defeat the ends ofjustice”,
held as follows:— “Similarly, if the conduct of an accused or the method and
manner of commission of the offence indicates an evil and a well-planned
design of the accused committing the offence which indicates more towards the
matured skill of an accused than that of an innocent child, then in the
absence of reliable documentary evidence in support of the age of the accused,
medical evidence indicating that the accused was a major cannot be
allowed to be ignored taking shelter of the principle of benevolent legislation
like the Juvenile Justice Act, subverting the course of justice as statutory
protection of the Juvenile Justice Act is meant for minors who are innocent law
breakers and not accused of matured mind who uses the plea of minority
as a ploy or shield to protect himself from the sentence of the offence committed by
him”.
 Section 34 Penalty for non-reporting
Offence u/S. 33 shall be punishable to imprisonment up to 6 months or fine of Rs.
10,000/- or both.
 Section 35 Surrender of Children
A parent or guardian who for physical, emotional and social factors beyond their
control wishes to surrender a child shall produce the child before the Committee.
After prescribed process of inquiry and counseling, the committee is satisfied a
surrendered deed shall be executed by the parents or guardian, before the
committee. The parents or guardian shall be given two months’ time to reconsider
their decision and in the intervening period the Committee shall either allow after
due inquiry, the child to be with the parents of guardian under supervision or place
the child in a Specialized Adoption Agency (if below 6 years of age) or Children’s
home (if above 6 years).

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 Section 36 Inquiry
On production of a child or receipt of a report u/S. 31, the Committee shall hold an
inquiry. The committee may pass an order to send the child to the Children’s home
or a fit facility or fit person, and for speedy social investigation by a social worker or
Child Welfare Officer or Child Welfare Police Officer. All children below 6 years of
age, who are orphan, surrendered or appear to be abandoned, shall be placed in a
specialized adoption agency where available.

The social investigation shall be completed within 15 days so as to enable the

committee to pass final order within four months of first production of the child. (S.
38 specifies the time for completion of inquiry in case of orphans, abandoned or
surrendered children). After completion of the enquiry, if the Committee so opines
that, the said child has no family or ostensible support or is in continued need of
care and protection, the Committee may send the child to a Specialized Adoption
Agency (if child below 6 years of age), Children’s home or to a fit facility or person
or foster family, till suitable means of rehabilitation are found for the child, or will
the child attains (18 years of age). The situation of the child shall be reviewed by
the Committee. The Committee shall submit a quarterly report on the nature of
disposal of cases and pendency of cases to the District Magistrate for review of
pendency of cases.

The District Magistrate shall direct the Committee to take necessary remedial
measures to address the pendency and if necessary send a report of such reviews to
the State Government who may cause the constitution of additional committees. If
pendency of cases is continued to be unaddressed by the Committee even after
three months of receiving such directions, the State Government shall terminate the
said Committee and shall constitute a new Committee. The State Government shall
maintain a standing panel of eligible persons to be appointed as members of the
Committee. In case of any delay in the constitution of a new Committee, the Child
Welfare Committee of a nearby district shall assume responsibility in the intervening
period.

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 Rule 19 Procedure for Inquiry

The Committee shall inquire into the circumstances under which the child is
produced and accordingly declare such child to be a child in need of care and
protection. The Committee shall, prima facie determine the age of the child in order
to ascertain its jurisdiction (pending further inquiry as per section 94). When a child
is brought before the Committee, the Committee shall assign the case to a social
worker or Case Worker or Child Welfare Officer or to any recognized non-
governmental organization for conducting the social investigation u/S. 36(2) an
Order in Form 21.

The Committee shall direct the person or organization concerned to develop an

individual care plan in Form 7 including a suitable rehabilitation plan. The individual
care plan prepared for every child in the institutional care shall be developed with
the ultimate aim of the child being rehabilitated and re-integrated based on the case
history, circumstances and individual needs of the child. The inquiry shall satisfy the
basic principles of natural justice and shall ensure the informed participation of the
child and the parent or guardian. The child shall be given an opportunity to be heard
and his opinion shall be taken into consideration with due regard to his age and
level of maturity.

The orders of the Committee shall be in writing and contain reasons. The Committee
shall interview the child sensitively and in a child-friendly manner and will not use
adversarial or accusatory words or words that adversely impact the dignity or self-
esteem of the child. The Committee shall satisfy itself through documents and
verification reports, before releasing or restoring the child, (Form 19), in the best
interest of the child.

The social investigation conducted by a social worker or Case Worker or Child

Welfare Officer of the institution or any non-governmental organization shall be (as
per Form 22) and must provide an assessment of the family situation of the child in
detail, and explain in writing whether it will be in the best interest of the child to

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restore him to his family. Before the Committee releases or restores the child, the
child as well as the parents or guardians may be referred to the Counsellor. The
Committee shall maintain proper records of the children produced before it including
medical reports, social investigation report, any other report(s) and orders passed
by the Committee in regard to the Child. In all cases pending inquiry, the Committee
shall notify the next date of appearance of the child not later than 15 days of the
previous date and also seek periodic status report from the social worker or Case
Worker or Child Welfare Officer conducting investigation on each such date. In all
cases pending inquiry, the Committee shall direct the person or institution with
whom the child is placed to take steps for rehabilitation of the child including
education, vocational training, etc., from the date of first production of the child
itself. Any decision taken by an individual member, when the Committee is not
sitting, shall be ratified by the Committee in its next sitting.

At the time of final disposal of a case, there shall be at least three members present
including the Chairperson, and in the absence of Chairperson, a member so
nominated by the Chairperson to act as such. The Committee shall function
cohesively as a single body and as such shall not form any sub-committees. Where a
child has to be sent or repatriated to another district or state or country the
Committee shall direct the District Child Protection Unit to take necessary permission
as may be required, such as approaching the Foreigners Regional Registration
Offices and Ministry of External Affairs for a no-objection certificate, contacting the
counterpart Committee, or any other voluntary organization in the other district or
state or country where the child is to be sent.

At the time of final disposal of the case, the Committee shall incorporate in the order
of disposal, an individual care plan in Form 7 of such child prepared by the social
worker or Case Worker or Child Welfare Officer of the institution or any non-
governmental organization, as the case may be. While finally disposing of the case,
the Committee shall give a date for follow-up of the child not later than one month

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from the date of disposal of the case and thereafter once every month for the period
of first six months and thereafter every three months for a minimum of one year or
till such time as the Committee deems fit. Where the child belongs to a different
district, the Committee shall forward the age declaration, case file and the individual
care plan to the Committee of the district concerned which shall likewise follow-up
the individual care plan as if it had passed such disposal order.

The individual care plan shall be monitored by means of a rehabilitation card in Form
14 issued for the purpose by the Committee passing the disposal order and which
shall form part of the record of the Committee which follow up the implementation
of the individual care plan. Such rehabilitation card shall be maintained by the
Rehabilitation-cum-Placement Officer. All orders passed by the Committee in respect
of a child in need of care and protection shall also be uploaded on the designated
portal with due regard to the confidentiality and privacy of the child. When a parent
or guardian, wishes to surrender a child u/S. 35(1), such parent or guardian shall
make an application to the Committee in Form 23. Where such parent or guardian is
unable to make an application due to illiteracy or any other reason, the Committee
shall facilitate the same through the Legal Aid Counsel provided by the Legal
Services Authority, the deed of surrender shall be executed as per Form 24.

The inquiry u/S. 35(3) shall be concluded by the Committee expeditiously and the
Committee shall declare the surrendered child as legally free for adoption after the
expiry of sixty days from the date of surrender. In case of orphan or abandoned
child, the Committee shall make all efforts for tracing the parents or guardians of
the child and on completion of such inquiry, if it is established that the child is either
an orphan having no one to take care, or abandoned, the Committee shall declare
the child legally free for adoption. In case an abandoned or orphan child is received
by a Child Care Institution including a Specialised Adoption Agency, such a child
shall be produced before the Committee within twenty-four hours (excluding the
time necessary for the journey) along with a report in Form 17 containing the
particulars and photograph of the child as well as the circumstances in which the

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child was received by it and a copy of such report shall also be submitted by the
Child Care Institution or a Specialised Adoption Agency to the local police station
within the same period. The Committee shall issue an order in Form 18 for short
term placement and interim care of the child, pending inquiry under section 36 of
the Act.

The Committee shall use the designated portal to ascertain whether the abandoned
child or orphan child is a missing child while causing the details of the orphan or the
abandoned child to be uploaded. The Committee, after taking into account the risk
factors, and in the best interest of the child, may direct the publication of the
particulars and photograph of an orphan or abandoned child in national newspapers
with wide circulation within seventy-two hours from the time of receiving the child
for the purposes of tracing out the biological parents or the legal guardian(s).

The Committee, after making inquiry, shall issue an order in Form 25 declaring the
abandoned or orphan child as legally free for adoption and send the same
information to the Authority. Where the parents of the child are traced, the
procedure for restoration of the child shall be as per Rule 82.

 Rule 20 Pendency of cases

The Committee shall maintain a 'Case Monitoring Sheet' of every case and in case
there is more than one child in one case, a separate sheet shall be used for each
child. The case monitoring sheet shall be in Form 26. The said Form shall be kept at
the top of each case file and shall be updated from time to time. The following
points shall be considered so far as ‘progress of inquiry' mentioned in Form 26 is
concerned (i) time schedule for disposal of the case should be fixed on the first date
of hearing; (ii) scheduled date given in column (2) of ‘progress of inquiry' shall be
the outer limit within which the steps indicated in column (1) is to be completed.
The Committee shall submit a quarterly report to District Magistrate in Form 16 for
review of pendency of cases. The District Magistrate shall review the functioning of
the Committee including by inspection once every quarter and also appraise the

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performance of the Chairperson and the members of the Committee on the basis of
their participation in the proceedings of the Committee and submit a report to the
Selection Committee constituted under Rule 87.
 Sampurna Behura v. Union of India, (2018) 4 SCC 433 (Paras – 47-
51, 64-78, 94.4-94.8)
 S. 37 Orders passed regarding a child in need of care and protection
The Committee upon satisfaction that, the child before the committee is a child in
need of care and protection, taking into account (social investigation report
submitted by the Child Welfare Officer, child’s wishes in the case the child is
sufficiently mature to take a view) pass the orders to [a] declaration that the child is
in need of care and protection, [b] restore the child to parents, guardians or family
with or without supervision of child welfare officer or designated social worker, [c]
placements of the child in children’s home or fit facility or specialized adoption
agency for the purpose of adoption for long term or temporary care, keeping in
mind the capacity of the institution for housing such children either after reaching
the conclusion that the family of the child cannot be traced or even if traced,
restoration of the child to the family is not in the best interest of the child, [d]
placement of the child with fit person for long term or temporary care, [e] foster
care u/S. 44, [f] sponsorship orders u/S. 45, [g] directions to persons or institutions
or facilities in whose care the child is placed, regarding care, protection and
rehabilitation of the child, including directions relating to immediate shelter and
services such as medical attention, psychiatric and psychological support including
need based counseling, occupational therapy or behavior modification therapy, skill
training, legal aid, educational services, and other developmental activities, as
required as well as follow-up and coordination with the District Child Protection Unit
or State Government and other agencies, [h] declaration that the child is legally free
for adoption u/S. 38. The Committee may also pass orders for [i] declaration of fit
persons for foster care, [ii] getting after care support u/S. 46, [iii] any other order
related to any other function.

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 Section 38 Procedure for declaring a child legally free for adoption

The Committee shall make efforts for tracing the parents or guardians of the child
and on completion of inquiry if it is established that the child either an orphan
having no one to take care or abandoned the Committee shall declare the child
legally free for adoption within a period of 2 months from the date of production of
the child.

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CHAPTER VII: Rehabilitation of Child in Conflict with Law

It is pertinent to note that reform and rehabilitation- and not punishment- are the
guiding principles of the JJ Act, 2015. Recognition of and respect for rights as
human being and as a child is an important first step in the rehabilitation of a child
in conflict with law, followed by extending the cause of social reintegration by
providing for institutional care and other services to children. The provisions
pertaining to rehabilitation and social reintegration are incorporated in Chapter VII
of the JJ Act, 2015, vide Sections 39 to 55, as well as in Chapter VI of the JJ Model
Rules, 2016, vide Rules 21 to 43.

JJ Act, 2015
Section 39. Process of rehabilitation and social re-integration.— (1) The process of rehabilitation and
social integration of children under this Act shall be undertaken, based on the individual care plan of the
child, preferably through family based care such as by restoration to family or guardian with or without
supervision or sponsorship, or adoption or foster care:
Provided that all efforts shall be made to keep siblings placed in institutional or non-institutional care,
together, unless it is in their best interest not to be kept together.
(2) For children in conflict with law the process of rehabilitation and social integration shall be undertaken
in the observation homes, if the child is not released on bail or in special homes or place of safety or fit
facility or with a fit person, if placed there by the order of the Board.
(3) The children in need of care and protection who are not placed in families for any reason may be
placed in an institution registered for such children under this Act or with a fit person or a fit facility, on a
temporary or long-term basis, and the process of rehabilitation and social integration shall be undertaken
wherever the child is so placed.
(4) The Children in need of care and protection who are leaving institutional care or children in conflict
with law leaving special homes or place of safety on attaining eighteen years of age, may be provided
financial support as specified in section 46, to help them to re-integrate into the mainstream of the society.
Section 40. Restoration of child in need of care and protection.— (1) The restoration and protection of
a child shall be the prime objective of any Children’s Home, Specialised Adoption Agency or open
shelter.
(2) The Children’s Home, Specialised Adoption Agency or an open shelter, as the case may be, shall take
such steps as are considered necessary for the restoration and protection of a child deprived of his family
environment temporarily or permanently where such child is under their care and protection.
(3) The Committee shall have the powers to restore any child in need of care and protection to his parents,
guardian or fit person, as the case may be, after determining the suitability of the parents or guardian or fit
person to take care of the child, and give them suitable directions.
Explanation.— For the purposes of this section, “restoration and protection of a child” means restoration
to—
(a) parents;
(b) adoptive parents;
(c) foster parents;
(d) guardian; or
(e) fit person

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In Court on Its Own Motion v. Dept. of Women and Child Development, the Delhi
High Court spoke about the role of rehabilitation within the juvenile justice system:
It cannot be overlooked that youth offenders often have psychological or social
issues that need to be addressed as part of the rehabilitative process. Adult
facilities/prisons often lack the staff to address the needs of young incarcerated
persons. In effect, what will happen is that if the youth is sent to an adult prison,
then it is more likely for him to re-offend and escalate into violent behaviour than
their peers who go to juvenile system, where rehabilitative services are far more
extensive.

The Supreme Court In re, Exploitation of Children in Orphanages [(2017) 7 SCC

578], observed that, “There cannot be any meaningful rehabilitation, particularly of
a child in conflict with law who is also a child in need of care and protection unless
the basic elements and principles of restorative justice are recognised and
practised.”

Section 27 Cr.P.C. prescribes the jurisdiction in the case of juveniles. It states, “Any
offence not punishable with death or imprisonment for a life committed by any
person who at the date when appears or is brought before the Court is under the
age of sixteen years, maybe tried by the Court of a Chief Judicial Magistrate, or by
any court specially empowered under the Children Act, 1960 (60 of 1960), or any
other law for the time being in force providing for the treatment, training, and
rehabilitation of youthful offenders.”

The reformatory approach to punishment should be the object of criminal law, in

order to promote rehabilitation without offending communal conscience and to
secure social justice. This rationale was held by the Supreme Court in Kakoo v. State
of H.P. [(1976) 2 SCC 215].

Rules 34 and 35 of JJ Model Rules, 2016 prescribes the manner of health and
medical facilities to be provided. Efforts shall be made to provide juveniles, at all
stages of the proceedings, with necessary assistance such as lodging, education or

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vocational training, employment or any other assistance, helpful and practical, in

order to facilitate the rehabilitative process.

The above provisions are to be read in conjunction with Section 53 which prescribes
the manner of providing of rehabilitation and re-integration services by the Child
Care Institutions recognised and registered under the JJ Act, 2015. The stakeholders
are obligated to coordinate with each other and ensure that the child is benefitted
from these services.

Thus, the purpose of rehabilitation is to ensure that the child has overcome the
circumstances that led to them being in conflict with law, and that they do not
become prey to the vices of society.

Regulation of Child Care Institutions

Sections 41 and 42 pertain to the registration of Child Care Institutions under the JJ
Act, 2015. Section 41 incorporates a non-obstante clause and provides that any
institution, whether governmental or otherwise, which is wholly or partially meant
for housing children, whether in need of care and protection or in conflict with law,
shall be registered regardless of whether they receive grants from the Central or
State government.

Under this provision, the State government has the responsibility to determine and
record the capacity and purpose of the institution, and register it accordingly.
Section 41(3) enables grant of provisional registration. As per Section 41(5), failure
to dispose the application for registration is regarded as dereliction of duty on part
of the concerned officer, and warrants initiation of departmental proceedings. As per
Section 41(6), the period of registration is five years and shall be subject to renewal.
Section 41(7) empowers the State government to cancel the registration of a Child
Care Institution and takeover its management for non-compliance with Section 53.

As per Section 42, failure to register in compliance of Section 41(1) attracts a

penalty of one year of imprisonment and/or fine of not less than Rupees one lakh.

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Further, every thirty-day delay in applying for registration is considered as a

separate offence. Rule 21 of the JJ Model Rules, 2016 provides for the manner of
carrying out the registration of Child Care Institutions. The criteria followed by the
State government in considering the application for registration is provided under
Rule 21(5).

As per Section 41(9), the power of an inspection committee appointed under Section
54 extends to inspection of non-registered Child Care Institutions as well. The Child
Care Institutions are regulated under Sections 54 and 55 and Rules 26, 41 and 42,
JJ Model Rules, 2016.

The various kinds of Child Care Institutions envisaged under the JJ Act, 2015 are as
follows:

S.No. Child Care Institution Provision under JJ Provision under JJ

Act, 2015 Model Rules, 2016

1 Open Shelter Section 43 Rule 22

2 Observation Home Section 47 Rule 29(1)(i)

3 Special Homes Section 48 Rule 29(1)(ii)

4 Place of Safety Section 49 Rule 29(1)(iii)

5 Children’s Home Section 50 Rule 29(1)(iv)

Further, Section 45, JJ Act, 2015, along with Rule 24, JJ Model Rules, 2016 provides
for sponsorship facility. Section 44 along with Rule 23 provides for foster care
facility. Apart from the above, the State Government shall also set up place of safety
as per Section 49.

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Rehabilitation through Education

Holistic education serves to protect and empower the child, and thus, the right to
education is the cornerstone of child rights. However, this right is significantly
eroded by child marriage, which is a much prevalent social evil, wherein the child is
robbed of their innocence and is imposed with adulthood without due regard to its
disastrous consequences.

Therefore, the Prohibition of Child Marriage Act, 2006 needs to be read together
with the Fundamental Right to Education enshrined in Article 21-A of the
Constitution of India, which has led to the Right of Children to Free and Compulsory
Education Act, 2009. Rule 36 of JJ Model Rules, 2016 provides for rehabilitation
through education, which is the responsibility of the Child Care Institution.

Effective and Speedy Disbursal of Victim Compensation 17

Making compensation an integral aspect of right to life 18 in Rohtash @ Pappu Vs.

State of Haryana (2008) 19, the court raised an apt question, “Should justice to the
victims depend only on the punishment of the guilty? Should the victims have to
wait to get justice till such time that the handicaps in the system which result in
large scale acquittals of guilty, are removed?... the victims have right to get justice,
to remedy the harm suffered as a result of crime. This right is different from and
independent of the right to retribution, responsibility of which has been assumed by
the state in a society governed by rule of law. But if the state fails in discharging this
responsibility, the state must still provide a mechanism to ensure that the victim's

17
Note: This Part has essential reference to the Article written by, Dipa Dube, Victim Compensation Schemes
in India: An Analysis, International Journal of Criminal Justice Sciences Vol 13 Issue 2 July – December 2018
Access link: http://www.sascv.org/ijcjs/pdfs/DubeVol13Issue2IJCJS.pdf
18
Bhim Singh Vs. State of Jammu & Kashmir 4 SCC 577 (Supreme Court 1985); Dr. Jacob George Vs. State
of Kerala, 4 SCC 430; Manju Bhatia Vs. N.D.M.C. AIR 1998 SC 223; Paschim Bangal Khet Mazdoor
Samity Vs. State of West Bengal & Ors., (1996) 4 SCC 37; People’s Union for Democratic Rights Thru. Its
Secy. Vs. Police Commissioner, Delhi Police Headquarters, n.d.; People’s Union for Democratic Rights Vs.
State of Bihar, (1987) 4 SCC 730.
19
Rohtash @ Pappu Vs. State of Haryana, No. Cri.Appeal. No.250 0f 1999 (Punjab & Haryana 2008) Retrieved
from http://rajasthanjudicialacademy.nic.in/docs/juds/42130.pdf.

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right to be compensated for his injury is not ignored or defeated”. Dr. Jacob George
Vs. State of Kerala, 4 SCC 430 (Supreme Court 1994).

In Hari Krishnan and State of Haryana Vs. Sukhbir Singh [AIR 1988 SC 2127],
Justice Krishna Iyer stated that, “while social responsibility of the criminal to
restore the loss or heal the injury is a part of the punitive exercise, the
length of the prison term is no reparation to the crippled or bereaved but
is futility compounded with cruelty and victimology must find fulfilment not
through barbarity but by compulsory recoupment by the wrongdoer of the
damage inflicted not by giving more pain to the offender but by lessening the loss of
the forlorn Maru Ram Vs. Union of India, 1 SCC 107 (Supreme Court 1981)”.

In Ankush Shivaji Gaikwad Vs. State of Maharashtra, (2013) 1 SCC 770, the
Supreme Court found that, “...the power to award compensation was intended to
reassure the victim that he or she is not forgotten in the criminal justice system”.

In the case of Chattar Singh Vs. Subhash, 2 ILR 470 (Delhi 2011)., the Delhi High
Court ruled that “the word “legal heir” refers to the people who would inherit
property according to the personal laws of a person.”

In M/s. Tata Steel Ltd. Vs. M/s Atma Tube Products, 1 PLR 1 (Punjab & Haryana
2014), the court held that, “for the purposes of VCS, only those dependents who
have suffered loss or injury due to the crime and need rehabilitation are eligible and
the “legal heir” do not have anything to do with sec 357A of the Code.”

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CHAPTER IX: Other Offences against Children

Not only do children commit offences, but offences against the children are also
committed. Chapter IX of the Act exclusively deals with the offenses that are
committed against children. Sections 74 to 89 under this chapter deals with the
offences that are committed against children. The corresponding Rules to such
offences are given under Chapter VIII of Juvenile Justice Care and Protection of
Children Rules 2016. This chapter provides for stringent punishments to those
offenses committed against children.
Section 74 - Prohibition on disclosure of identity of children.
(1) No report in any newspaper, magazine, news-sheet or audio-visual media or other forms of
communication regarding any inquiry or investigation or judicial procedure, shall disclose the name,
address or school or any other particular, which may lead to the identification of a child in conflict with
law or a child in need of care and protection or a child victim or witness of a crime, involved in such
matter, under any other law for the time being in force, nor shall the picture of any such child be published:
Provided that for reasons to be recorded in writing, the Board or Committee, as the case may be, holding
the inquiry may permit such disclosure, if in its opinion such disclosure is in the best interest of the child.
(2) The Police shall not disclose any record of the child for the purpose of character certificate or otherwise
in cases where the case has been closed or disposed of.
(3) Any person contravening the provisions of sub-section (1) shall be punishable with imprisonment for a
term which may extend to six months or fine which may extend to two lakh rupees or both.

Section 74 talks about non-disclosure of the identities of children including child in

conflict with law child in need of care and protection and those child victims and
child witnesses. The newspapers, magazines, media, etc., cannot publish any
content disclosing the name, address, school or any other particulars which may
lead to identification of such children. Only the board or committee after recording
reasons in writing may disclose the identity of the child only in the best interest of
the child. Even the police cannot disclose the identity or any record of the child for
the purpose of character certificate or otherwise where the case is closed or
disposed. Those who do not adhere to the provisions shall be punished with
imprisonment up to six months or maybe imposed with fine upto ₹2 lakh or both.
In the case of Shilpa Mittal v. State (NCT of Delhi), (2020) 2 SCC 787, at page 802,
The Supreme Court in para 37 of the judgement has directed the High Court to
comply with the provisions of Sec. 74 of JJ Act.

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“37. In passing we may note that in the impugned judgment the name of the child
in conflict with law, has been disclosed. This is not in accordance with the provisions
of Section 74 of the 2015 Act, and various judgments of the courts. We direct the
High Court to correct the judgment and remove the name of the child in conflict
with law.”
Section 75 - Punishment for cruelty to child.
Whoever, having the actual charge of, or control over, a child, assaults, abandons, abuses, exposes or
wilfully neglects the child or causes or procures the child to be assaulted, abandoned, abused, exposed or
neglected in a manner likely to cause such child unnecessary mental or physical suffering, shall be
punishable with imprisonment for a term which may extend to three years or with fine of one lakh rupees
or with both:
Provided that in case it is found that such abandonment of the child by the biological parents is due to
circumstances beyond their control, it shall be presumed that such abandonment is not wilful and the penal
provisions of this section shall not apply in such cases:
Provided further that if such offence is committed by any person employed by or managing an
organisation, which is entrusted with the care and protection of the child, he shall be punished with
rigorous imprisonment which may extend up to five years, and fine which may extend up to five lakh
rupees:
Provided also that on account of the aforesaid cruelty, if the child is physically incapacitated or develops a
mental illness or is rendered mentally unfit to perform regular tasks or has risk to life or limb, such person
shall be punishable with rigorous imprisonment, not less than three years but which may be extended up to
ten years and shall also be liable to fine of five lakhs rupees.
Rule 55 of Juvenile Justice (Care and Protection of Children) Model Rules, 2016.
Procedure in case of offence under section 75 of the Act. - (1) For the purposes of section 75 of the Act
and this rule, giving a child in marriage shall be considered as cruelty to the child. On receipt of
information of risk of a child being given in marriage, the police or any officer authorised under the Act or
under the Prohibition of Child Marriage Act,2006 (6 of 2007), shall produce the child before the
Committee for appropriate directions and rehabilitative measures.
(2) Where an act of cruelty to a child takes place in a Child Care Institution, or a school, or in any other
place of care and protection to the child, considering the best interest of the child, the Board or the
Committee or the Children’s Court after consultation with the child and or parents or guardians shall
provide alternative rehabilitation for the child. (3) A child covered under the Act requiring immediate
medical attention shall be provided with required medical care and treatment by a hospital or clinic or
facility upon a direction of the Board or the Committee made in this regard, free of cost. A failure to
respond immediately resulting in serious injury, irreversible damage or threat to life or death shall be
deemed to be wilful neglect of the child and shall tantamount to cruelty under section 75 of the Act on the
direction of the Board or the Committee after a detailed inquiry.

Section 75 prescribes punishment for cruelty to child. Any person having charge or
control over the child assault/ abandon/ abuses/ exposes or neglects the child or
causes the child any such unnecessary mental or physical suffering shall be
punished with imprisonment of the three years or fine of ₹1lakh or with both. If the

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abandonment of child by biological parents is due to unavoidable circumstances

beyond their control, then such abandonment cannot be deemed wilful and penal
provisions under this Section cannot be imposed. If such an offense is committed by
any person who is employed or is managing an organization which is entrusted with
the care and protection of the child then they will be punished with rigorous
imprisonment which may extend up to five years and fine which may extend up to
₹5 lakhs. If the child is physically incapacitated or develops any mental illness or is
mentally unfit to perform regular task due to the unfortunate account, then such
persons shall be punished with the rigorous imprisonment not less than three years
which may extend up to 10 years and will also be liable for fine of ₹5 lakhs.

The Kerala High Court in the case of Suresh Raj Purohit v Director, Vigilance & Anti-
Corruption Bureau [2017 (2) KHC 853] opined that there must be a situation of
abandonment or abuse or exposure or neglect of a child or a juvenile by the person
having actual charge of or control over the child in order to prosecute the offender
under Section 75 of 2015 JJA.

In the case of Priyanka Nikam v State of Maharashtra [Crml Anticipatory Bail Appln
No. 2143 of 2016, decided on 15th December, 2016], the Bombay High Court
rejected the anticipatory bail application of the appellant on the ground of cruelty by
a person in charge of child care institution and opined that the need for regulation
of child care centres to prevent such incidents of cruelty in para 17 of the judgment-
“In fact, the applicant was the custodian of the child during the day and the safety
of the child was her responsibility. Applicant cannot simply shirk the blame on the
maid. The act of the applicant in giving callous reply to the parents that it can be a
self-inflicted injury speaks volumes for itself. In fact, applicant ought to have
informed the parents about the injury sustained by the child and not wait for an
inquiry by the parents. The conduct of the applicant was extremely insensitive. It is
in these circumstances that this Court is of the opinion that it is high time that the
State of Maharashtra frames Rules for issuing licence in respect of such facility
homes/care taking homes which are called as creche. In fact, these are facility

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homes for working women. There is an urgent need to regulate the functioning of
such institutions. In the absence of any Rules, such institutions would crop up at
every nook and corner without shouldering any responsibility towards the infants
and children admitted in such homes.”
Section 76. Employment of child for begging.
(1) Whoever employs or uses any child for the purpose of begging or causes any child to beg shall be
punishable with imprisonment for a term which may extend to five years and shall also be liable to fine of
one lakh rupees: Provided that, if for the purpose of begging, the person amputates or maims the child, he
shall be punishable with rigorous imprisonment for a term not less than seven years which may extend up
to ten years, and shall also be liable to fine of five lakh rupees.
(2) Whoever, having the actual charge of, or control over the child, abets the commission of an offence
under sub-section (1), shall be punishable with the same punishment as provided for in sub-section (1) and
such person shall be considered to be unfit under sub-clause (v) of clause (14) of section 2:

Provided that the said child, shall not be considered a child in conflict with law under any circumstances,
and shall be removed from the charge or control of such guardian or custodian and produced before the
Committee for appropriate rehabilitation.

Section 76 deals with employment of child for begging. Any person who employees
or uses child for begging or causes any child to brake will be punished with
imprisonment up to five years and maybe imposed with fine of ₹1 lakh. If any
person amputates or maims the child for the purpose of begging then he shall be
punished with imprisonment for a term not less than seven years and which may
extend up to 10 years and imposed with fine of ₹5 lakhs. Any person having the
actual charge or control over the child abets the commission of this offense shall be
punished with the same punishment as prescribed above.

Section 77 - Penalty for giving intoxicating liquor or narcotic drug or psychotropic substance to a
child.
Whoever gives, or causes to be given, to any child any intoxicating liquor or any narcotic drug or 36
tobacco products or psychotropic substance, except on the order of a duly qualified medical practitioner,
shall be punishable with rigorous imprisonment for a term which may extend to seven years and shall also
be liable to a fine which may extend up to one lakh rupees.

Rule 56 of Juvenile Justice (Care and Protection of Children) Model Rules, 2016.
Procedure in case of offence under section 77 of the Act. -
(1) Whenever a child is found to be under the influence of, or in possession of intoxicating liquor or
narcotic drugs or psychotropic substances or tobacco products, including for the purpose of sale, the police
shall enquire as to how the child came under the influence of, or possession of such intoxicating liquor or
narcotic drugs or psychotropic substances or tobacco products and shall register an FIR forthwith.

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(2) The child who has been administered narcotic drugs or psychotropic substances or is found under the
influence of the same may be produced either before the Board or the Committee as the case may be, and
the Board or the Committee shall pass appropriate orders regarding rehabilitation and de-addiction of the
child.
(3) In case of a child found to be addicted to intoxicating liquor or tobacco products, the child shall be
produced before the Committee which shall pass directions for rehabilitation including de-addiction of the
child and transfer the child to a fit facility identified for the purpose.
(4) In case any child is found to have been administered intoxicating liquor or narcotic drugs or
psychotropic substances or tobacco products in a Child Care Institution, the child shall be produced
immediately before the Board or the Committee, except in such cases where the child is not in a position to
be produced before the Board or the Committee and requires immediate medical attention.
(5) The Board, shall on its own or on complaint received from the Committee, issue directions to the
police to register an FIR immediately.
(6) The Board or the Committee shall also issue appropriate directions for inquiry as to the circumstances
in which such product entered the Child Care Institution and reached the child and shall recommend
appropriate action against the erring officials and the Child Care Institution.
(7) The Board or the Committee may also issue directions for transfer of the child to another Child Care
Institution as the case may be.
(8) Any shop selling intoxicating liquor, tobacco products, must display a message at a prominent place on
their shop that giving or selling intoxicating liquor or tobacco products to a child is a punishable crime
with upto seven years of rigorous imprisonment and a fine of upto one lakh rupees.
(9) All tobacco products and intoxicating liquor must display a message that giving or selling intoxicating
liquor or tobacco products to a child is a punishable crime with upto seven years of rigorous imprisonment
and a fine of upto one lakh rupees.
(10) Giving or selling of intoxicating liquor, narcotic drugs or psychotropic substances or tobacco products
within 200 meters of a Child Care Institution or any other home registered or recognised under the Act, or
the office of a Committee or a Board shall be deemed to be an offence under section 77 of the Act.

Section 77 prescribes penalty for those who intoxicating liquor or narcotic drug or
psychotropic. Any person who gives, or causes to give to any child intoxicating liquor
or narcotic drugs or psychotropic substances or tobacco products, except by the
orders of qualified medical practitioner, maybe punished with rigorous imprisonment
which may extend upto seven years and shall also be imposed fine which may
extend upto ₹1 lakh.
Section 78 - Using a child for vending, peddling, carrying, supplying or smuggling any intoxicating
liquor, narcotic drug or psychotropic substance.
Whoever uses a child, for vending, peddling, carrying, supplying or smuggling any intoxicating liquor,
narcotic drug or psychotropic substance, shall be liable for rigorous imprisonment for a term which may
extend to seven years and shall also be liable to a fine up to one lakh rupees.
Rule 57 of Juvenile Justice (Care and Protection of Children) Model Rules, 2016.
Procedure in case of offence under section 78 of the Act. -
(1) Whenever a child is found to be vending, carrying, supplying or smuggling an intoxicating liquor,
narcotic drug, or psychotropic substance, the police shall enquire how and from whom the child came into
possession of the intoxicating liquor, narcotic drug, or psychotropic substance and shall register an FIR
forthwith.
(2) A child who is alleged to have committed an offence under section 78 of the Act shall be produced
before the Board, which may transfer the child to the Committee, if the child is also in need of care and
protection.

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Section 78 prescribes punishment to whoever uses a child for vending, peddling,

carrying, supplying or smuggling any intoxicating liquor, narcotic drug or
psychotropic substance with rigorous imprisonment which may extend upto 7 years
and shall also be imposed with fine which may extend upto ₹1 lakh.

In Bachpan Bachao Andolan v Union of I ndia [AIR 2017 SC 754] /(2017) 1 SCC
653] case, Supreme Court emphasized the need for comprehensive policy to tackle
the drug abuse among children by establishing a standard operating procedure to
enforce Section 77 and Section 78 of the Juvenile Justice (Care and Protection of
Children) Act, 2015 in paras 1 to 22.
Section 79 – Exploitation of a child employee.
Notwithstanding anything contained in any law for the time being in force, whoever ostensibly engages a
child and keeps him in bondage for the purpose of employment or withholds his earnings or uses such
earning for his own purposes shall be punishable with rigorous imprisonment for a term which may extend
to five years and shall also be liable to fine of one lakh rupees.
Explanation — For the purposes of this section, the term “employment” shall also include selling goods
and services, and entertainment in public places for economic gain.
Section 79 talks against exploiting the child employee. Any person who engages and
keeps a child in bondage for employment, withholds the earning of the child or uses
it for his own purpose will be punished with rigorous imprisonment which may
extend upto 5 years and shall also be imposed with fine upto ₹1 lakh.

Section 81 – Sale and procurement of children for any purpose

Any person who sells or buys a child for any purpose shall be punishable with rigorous imprisonment for a
term which may extend to five years and shall also be liable to fine of one lakh rupees:
Provided that where such offence is committed by a person having actual charge of the child, including
employees of a hospital or nursing home or maternity home, the term of imprisonment shall not be less
than three years and may extend up to seven years.

Rule 58 of Juvenile Justice (Care and Protection of Children) Model Rules, 2016.
Procedure in case of offence under section 80 of the Act. -
(1) Where any orphan, abandoned or surrendered child, is offered or given or received for the purpose
of adoption without following the procedures as provided in the Act and the rules, the police shall,
Suo motu, or on receipt of information in that regard register an FIR forthwith.
(2) A child who has been so offered, given or received for the purpose of adoption shall be produced
before the Committee forthwith which shall pass appropriate directions for rehabilitation of the
child, including placing such child in a Specialised Adoption Agency.
(3) Wherever any offence under section 80 of the Act is committed by a recognised Specialised
Adoption Agency or by a person associated with such an agency, the Committee may also pass
appropriate orders for placing the other children placed with the Specialised Adoption Agency in
any other Child Care Institution or Specialised Adoption Agency.

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Section 81 deals with sale and procurement of children for any purpose. Those who
buy the child for any purpose will be punished with rigorous imprisonment which
may extend upto 5 years and shall also be imposed with fine upto ₹1 lakh.

Section 82 – Corporal punishment

(1) Any person in-charge of or employed in a child care institution, who subjects a child to corporal
punishment with the aim of disciplining the child, shall be liable, on the first conviction, to a fine of ten
thousand rupees and for every subsequent offence, shall be liable for imprisonment which may extend to
three months or fine or with both.
(2) If a person employed in an institution referred to in sub-section (1), is convicted of an offence under
that sub-section, such person shall also be liable for dismissal from service, and shall also be debarred
from working directly with children thereafter.
(3) In case, where any corporal punishment is reported in an institution referred to in sub-section (1) and
the management of such institution does not cooperate with any inquiry or comply with the orders of the
Committee or the Board or court or State Government, the person in-charge of the management of the
institution shall be liable for punishment with imprisonment for a term not less than three years and shall
also be liable to fine which may extend to one lakh rupees.
Rule 59 of Juvenile Justice (Care and Protection of Children) Model Rules, 2016.
Procedure in case of offence under section 81 of the Act. -
(1) On receipt of information about the selling or buying of a child, the police shall register an FIR
forthwith.
(2) Giving or agreeing to give, receiving or agreeing to receive any payment or reward in consideration of
adoption, except as permitted under the adoption regulations framed by the Authority, towards the
adoption fees or service charge or child care corpus by any prospective adoptive parent(s) or parent or
guardian of the child or the Specialised Adoption Agency shall amount to an offence under section 81 of
the Act and this rule.
(3) A child, who has been subjected to buying or selling, shall be produced before the Committee forthwith
which shall pass appropriate orders for the rehabilitation of the child.
(4) Where any offence under section 81 of the Act is committed by a parent or a guardian of the child or
any other person having actual charge or custody of the child, the Committee shall pass appropriate orders
for placing the child in a Child Care Institution or fit institution or with a fit person, as the case may be.
(5) Where any offence under section 81 of the Act is committed by a Child Care Institution including
Specialised Adoption Agency or by a hospital or nursing home or maternity home, or a person associated
with such an institution or agency, the Committee may also pass appropriate orders for placing the other
children placed with such Child Care Institution or Specialised Adoption Agency or hospital or nursing
home or maternity home in any other Child Care Institution or Specialised Adoption Agency or hospital or
nursing home or maternity home, as the case may be.
(6) The Committee shall recommend to the State Government that the registration or recognition of such
agency or institution or the registration or license of such a hospital or nursing home or maternity home or
such associated person under any law for the time being in force shall also be withdrawn.
(7) Where the Judicial Magistrate First Class finds that the management of the institution is not
cooperating with the inquiry or complying with the orders of the court under sub-section (3) of section 82
of the Act, the Judicial Magistrate First Class will either take cognizance of the offence himself or direct
the registration of FIR and proceed against the person in-charge of the management of the institution.
(8) Where the Board or the Committee or the State Government issues any directions to the management
of the institution in respect of any incident of corporal punishment in the child care institution, the
management shall comply with the same.
(9) In the event of non-compliance, the Board on its own or on the complaint of the Committee or the State
Government shall direct the registration of an FIR under sub-section (3) of section 82 of the Act. (10)
Where a person has been dismissed from service or debarred from working directly with children or is
convicted of an offence of subjecting a child to corporal punishment under sub-section (2) of section 82 of
the Act, he shall stand disqualified from any further appointment under the Act and the rules.

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Section 82 prescribes punishment to those who are in-charge of or employed in child

care institution subject the child to corporal punishment with the object of
disciplining the child, upon conviction will be impose with fine of ₹10,000 and for
subsequent offence, will be imprisoned which may extend upto 3months or fine or
with both. If any person employed in child care institution, upon conviction under
sub-section (1) shall be liable for dismissal from service and will also be barred from
working directly with children. Where any corporal punishment is reported in any
institution referred under sub-section (1), the management of such institution do no
cooperate with any inquiry or orders of the Committee or the Board or court or State
Government, the person in-charge of the management of the institution shall be
imprisoned for a term not less than 3years and will be levied fine which may extend
upto ₹1 lakh.

In the case of Bhramanand Mishra v PIO, KVS Lucknow [MANU/CI/0205/2016] the

Central Information Commissioner stressed on removing the employees who are
involved in cases of giving corporal punishment to children from working with
children. The same has been emphasised in paras 18-20 of the judgement;

“18. According to this provision a teacher proved to be guilty cannot be given any
work associated with children. It's mandatory to dismiss him. If the management
does not cooperate the person in charge of the management will be made liable to
imprisonment for three years and also for fine which may extend to one lakh rupees.
The Parliament took serious note of the corporal punishment and does not want
such teachers to be associated with students any more. The institutions, like KVS,
shall take note of the same. National Commission for Protection of Child Rights
(NCPCR) has prepared Guidelines for Eliminating Corporal Punishment in Schools,
which is available on http://www.ncpcr.gov.in/view_file.php?fid=108 suggests
following measures.
19. The 'right to remedy' includes providing (a) equal and effective access to justice;
(b) adequate, effective and prompt reparation for the harm suffered; (c) access to
relevant information concerning violations and reparation mechanisms. Effective

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reparation should include restitution, compensation, rehabilitation, satisfaction and

guarantee of non-repetition. It is pertinent therefore that the State Governments
which have to ensure their State rules provide for better implementation of the RTE,
2009, make suitable legal provisions for 'effective reparation' in cases of corporal
punishment. All educational institutions including schools and hostels, government
as well as private, are custodians of children during the time the children are on
their premises. It is thus the responsibility of the management/administration of the
school/institution to ensure that children are safe from all forms of violence,
including corporal punishment. Therefore, along with the school teacher, warden or
the staff of the school/institution that has inflicted violence on the child, the
management/administration of the school/institution and their respective education
administrators/managements at the higher levels should also be held responsible.

20. In every case of violence against children the respective

management/administration should conduct an independent investigation, thus
taking responsibility for what goes on in school/institution and not rely simply on
enquiries conducted by the school/institution. In any case of child abuse, if the
parent withdraws the case, the designated authority should take cognisance of the
offence and proceed without harming the child and taking strict action against the
accused.”
Section 83 – Use of child by militant groups or other adults.
(1) Any non-State, self-styled militant group or outfit declared as such by the Central Government, if
recruits or uses any child for any purpose, shall be liable for rigorous imprisonment for a term which may
extend to seven years and shall also be liable to fine of five lakh rupees.
(2) Any adult or an adult group uses children for illegal activities either individually or as a gang shall be
liable for rigorous imprisonment for a term which may extend to seven years and shall also be liable to fine
of five lakh rupees.

Section 83 talks about using child by militant groups and adults. Any self-styled
militant group outfit declared as such by the central government recruits or uses any
child for any purpose will be punished with rigorous imprisonment which may extend
up to seven years and they will also be levied fine of ₹5 lakh. Any adult or adult
group uses any children for illegal activities individually or as a group shall also be

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liable for rigorous imprisonment for a term which may extend up to seven years and
will also be levied with fine of ₹5 lakh.

Section 84 – Kidnapping and abduction of child.

For the purposes of this Act, the provisions of sections 359 to 369 of the Indian Penal Code (45 of 1860),
shall mutatis mutandis apply to a child or a minor who is under the age of eighteen years and all the
provisions shall be construed accordingly.

Section 84 deals with kidnapping and abduction of the child. The provisions of
section 359 to 369 of Indian Penal Code will apply to those below 18 years of age
and all the provisions shall be construed accordingly.

Section 85 – Offences committed on disabled children.

Whoever commits any of the offences referred to in this Chapter on any child who is disabled as so
certified by a medical practitioner, then, such person shall be liable to twice the penalty provided for such
offence.
Explanation. —For the purposes of this Act, the term “disability” shall have the same meaning as assigned
Section 85 deals with offences committed on disabled children. Any person who
commits any offenses under this chapter 9 on a child who is certified by a medical
practitioner as a disabled child then that person shall be liable why is the penalty
provided for that offence.
Section 86 – Classification of offences and designated court.
(1) Where an offence under this Act is punishable with imprisonment for a term more than seven years,
then, such offence shall be cognizable, non-bailable and triable by a Children’s Court.
(2) Where an offence under this Act is punishable with imprisonment for a term of three years and above,
but not more than seven years, then, such offence shall be cognizable, non-bailable and triable by a
Magistrate of First Class.
(3) Where an offence, under this Act, is punishable with imprisonment for less than three years or with
fine only, then, such offence shall be non-cognizable, bailable and triable by any Magistrate.
Explanation. —For the purposes of this Act, the term “disability” shall have the same meaning as assigned
to it under clause (i) of section 2 of the Persons with Disabilities (Equal Opportunities, Protection of
Rights and Full Participation) Act, 1995 (1 of 1996).

Section 86 talks about classification of offences and designated Court. If the offense
under this act is punishable with imprisonment for more than seven years then such
offense shall be cognizable non-bailable and should be tried by the children's court.
If an offence under this act is punishable with imprisonment for a term more than
three years but less than seven years then such offense should be cognizable non-
bailable and tried by magistrate of first class. If an offence under this act is

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punishable with imprisonment less than three years or with fine only then such an
offense shall be non-cognizable bailable and tried by any magistrate.
Section 87 – Abetment
Whoever abets any offence under this Act, if the act abetted is committed in consequence of the abetment,
shall be punished with the punishment provided for that offence.
Explanation. —An act or offence is said to be committed in consequence of abetment, when it is committed
in consequence of the instigation, or in pursuance of the conspiracy or with the aid, which constitutes the
abetment.

Section 87 deals with abetment. Any person who abets in commission of any
offence under this act and if the offence is committed then such a person shall be
punished with the punishment as provided for the offence.

Section 88 – Alternative punishment.

Where an act or omission constitutes an offence punishable under this Act and also under any other law for
the time being in force, then, notwithstanding anything contained in any such law, the offender found
guilty of such offence shall be liable for punishment under such law which provides for punishment which
is greater in degree.

Section 88 deals with alternative punishment. If an act or omission constitutes an

offense punishable under this act or any other law for the time being in force then
anything contained in any such law, the offender found guilty of the offence shall be
punished under law which prescribes for punishment greater in degree.

Section 89 – Offence committed by child under this Chapter.

Any child who commits any offence under this Chapter shall be considered as a child in conflict with law
under this Act.

Section 89 talks about the offence committed by child under this chapter. If any
child commits an offense under this chapter, then the child should be considered as
a child in conflict with law under the act.

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CHAPTER X: Miscellaneous

Section 90 Attendance of parent or guardian of child

The Committee or the Board before which a child is brought may, whenever it so
thinks fit, require any parent or guardian having the actual charge of the child to be
present at any proceeding in respect of that child.

Section 91 Dispensing with attendance of child

If at any stage during the course of an inquiry, the Committee or the Board is
satisfied that the attendance of the child is not essential for the purpose of the
inquiry, the Committee or the Board shall dispense with the attendance of a child
and limit the same for the purpose of recording the statement and subsequently, the
inquiry shall continue even in the absence of the child concerned, unless ordered
otherwise. Where the attendance of a child is required before the Board or the
Committee, such child shall be entitled to travel reimbursement for self and one
escort accompanying the child as per actual expenditure incurred, by the Board or
the Committee or the District Child Protection Unit.

Section 92 Placement of a child suffering from disease requiring

prolonged medical treatment in an approved place.

When a child, who has been brought before the Committee or the Board, is found to
be suffering from a disease requiring prolonged medical treatment or physical or
mental complaint that will respond to treatment, the Committee or the Board as the
case may be send the child to any place recognized as a fit facility as prescribed for
such period as it may think necessary for the required treatment.

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Section 93 Transfer of a child who is mentally ill or addicted to alcohol or

other drugs.

Where it appears to the committee or the Board that any child kept in a special
home or an observation home or a Children’s Home or in an institution in pursuance
of the provisions of this Act, is a mentally ill person or addicted to alcohol or other
drugs which lead to behavioral changes in a person, the Committee or the Board,
may order removal of such child to a psychiatric hospital or psychiatric nursing home
in accordance with the provisions of the Mental Health Act, 1987 (14 of 1987) or the
rules made thereunder. In case the child had been removed to a psychiatric hospital
or psychiatric nursing home, the Committee or the Board may on the basis of the
advice given in the certificate of discharge of the psychiatric hospital or psychiatric
nursing home, order to remove such child to an integrated rehabilitation center for
addicts or similar centers maintained by the State Government for mentally ill
persons and such removal shall be only for the period required for the inpatient
treatment of such child.

Rule 80 Child suffering from disease requiring prolonged medical

treatment in an approved place and transfer of a child who is mentally ill
or addicted to alcohol or other drugs.

The Board or the Committee or the Children’s Court may send the child to a fit
facility for such period as may be certified by a medical officer or mental health
expert or on the recommendation of the Person-in-charge or Probation Officer or
Child Welfare Officer or Case Worker, as necessary for proper treatment of the child
who is mentally ill or addicted to alcohol or drugs or any other substance which lead
to behavioural changes in a person for the remainder of the term for which he has
to stay. When the child is cured of the disease or physical or mental health
problems, the Board or the Committee or the Children’s Court may, order the child
to be placed back in the care from where the child was removed for treatment and if
the child no longer requires to be kept under further care, the Board or the

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Committee or the Children’s Court may order him to be discharged. The State
Government may set up separate Integrated Rehabilitation Centres for child addicts
on the basis of appropriate age groups.

Section 94 Presumption and Determination of Age

Where it is obvious to the Committee or the Board, based on the appearance of the
person brought before it under any of the provisions that the said person is a child,
the Committee or the Board shall record such observation stating the age of the
child as nearly as may be and proceed with the inquiry u/S. 14 or u/S. 36 as the
case may be, without waiting for further confirmation of the age. In case the
Committee or the Board has reasonable grounds for doubt regarding whether the
person brought before it is a child or not, the Committee or the Board, as the case
may be, shall undertake the process of age determination by seeking evidence by
obtaining [i] date of birth certificate from school, matriculation certificate, [ii] birth
certificate from corporation of municipal authority or panchayat, [iii] ossification test,
latest age determination test. The test should be completed within 15 days from the
date of the Order. The age of the person so brought before it shall, for the purpose
of this Act, be deemed to be the true age of that person.

• Sanjeev Kumar Gupta v. State of U.P., (2019) 12 SCC 370

“16. Both these judgments have since been considered by a two-Judge Bench of this
Court in Parag Bhati [Parag Bhati v. State of U.P., (2016) 12 SCC 744 : (2017) 3 SCC
(Cri) 819] , where it was observed : (SCC p. 758, para 36) “36. It is settled position
of law that if the matriculation or equivalent certificates are available and there is no
other material to prove the correctness of date of birth, the date of birth mentioned
in the matriculation certificate has to be treated as a conclusive proof of the date of
birth of the accused. However, if there is any doubt or a contradictory stand is being
taken by the accused which raises a doubt on the correctness of the date of birth
then as laid down by this Court in Abuzar Hossain [Abuzar Hossain v. State of W.B.,
(2012) 10 SCC 489] , an enquiry for determination of the age of the accused is

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permissible which has been done in the present case.” 17. The 2015 Act came into
force on 15-1-2016. Section 111 repeals the earlier the 2000 Act but stipulates that
despite the repeal, anything done or any action taken under the said Acts shall be
deemed to have been done or taken under the corresponding provisions of the new
legislation. Section 94 contains provisions in regard to the determination of age, is in
the following terms: “94. Presumption and determination of age.—(1) Where, it is
obvious to the Committee or the Board, based on the appearance of the person
brought before it under any of the provisions of this Act (other than for the purpose
of giving evidence) that the said person is a child, the Committee or the Board shall
record such observation stating the age of the child as nearly as may be and
proceed with the inquiry under Section 14 or Section 36, as the case may be,
without waiting for further confirmation of the age. (2) In case, the Committee or
the Board has reasonable grounds for doubt regarding whether the person brought
before it is a child or not, the Committee or the Board, as the case may be, shall
undertake the process of age determination, by seeking evidence by obtaining—(i)
the date of birth certificate from the school, or the matriculation or equivalent
certificate from the Examination Board concerned, if available; and in the absence
thereof; (ii) the birth certificate given by a corporation or a municipal authority or a
panchayat; (iii) and only in the absence of (i) and (ii) above, age shall be
determined by an ossification test or any other latest medical age determination test
conducted on the orders of the Committee or the Board: Provided such age
determination test conducted on the order of the Committee or the Board shall be
completed within fifteen days from the date of such order. (3) The age recorded by
the Committee or the Board to be the age of person so brought before it shall, for
the purpose of this Act, be deemed to be the true age of that person.” Clause (i) of
Section 94(2) places the date of birth certificate from the school and the
matriculation or equivalent certificate from the Examination Board concerned in the
same category [namely (i) above]. In the absence thereof, category (ii) provides for
obtaining the birth certificate of the corporation, municipal authority or panchayat. It

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is only in the absence of (i) and (ii) that age determination by means of medical
analysis is provided. Section 94(2)(i) indicates a significant change over the
provisions which were contained in Rule 12(3)(a) of the 2007 Rules made under the
2000 Act. Under Rule 12(3)(a)(i) the matriculation or equivalent certificate was
given precedence and it was only in the event of the certificate not being available
that the date of birth certificate from the school first attended, could be obtained. In
Section 94(2)(i) both the date of birth certificate from the school as well as the
matriculation or equivalent certificate are placed in the same category.”

In Shah Nawaz Vs. State of U.P. & Anr. [(2011) 13 SCC 751], the Supreme Court
held as follows, “Rule 12, JJ (Care and Protection of Children) Rules, 2007,
categorically envisages that the medical opinion from the medical board should be
sought only when the matriculation certificate or school certificate or any birth
certificate issued by a corporation or by any Panchayat or municipality is not
available. …the Board has correctly accepted the entry relating to the date of birth in
the mark sheet and school certificate, the Additional Sessions Judge and the High
Court committed a grave error in determining the age of the appellant ignoring the
date of birth mentioned in those documents which is illegal, erroneous and contrary
to the Rules….the entry relating to date of birth entered in the mark sheet is one of
the valid proof of evidence for determination of age of an accused person. The
School Leaving Certificate is also a valid proof in determining the age of the accused
person….Rule 12 of the Rules which was brought in pursuance of the Act describes
four categories of evidence which have been provided in which preference has been
given to school certificate over the medical report.” This dictum was incorporated in
Section 94 of the JJ Act, 2015

Section 95 Transfer of a child to place of residence

If during the inquiry it is found that a child hails from a place outside the
jurisdiction, the Board or Committee, as the case may be, shall, if satisfied after due
inquiry that it is in the best interest of the child and after due consultation with the

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Committee or the Board of the child’s home district, order the transfer of the child,
as soon as possible, to the said Committee or the Board, along with relevant
documents and following such procedure. Such transfer can be made in case of a
child in conflict with law, only after the inquiry has been completed and final order
passed by the Board. In case of inter-State transfer, the child shall be, if convenient,
handed over to the Committee or the Board, as the case may be, of the home
district of the child, or to the Committee or the Board in the capital city of the home
State. Once the decision to transfer is finalized, the Committee or Board, as the case
may be, shall give an escort order to the Special Juvenile Police Unit to escort the
child, within fifteen days of receiving such order. A girl child shall be accompanied
by a woman police officer. Where a Special Juvenile Police Unit is not available, the
Committee or Board, as the case may be, shall direct the institution where the child
is temporarily staying or District Child Protection Unit, to provide an escort to
accompany the child during travel. The State Government shall make rules to
provide for travelling allowance to the escorting staff for the child, which shall be
paid in advance. The Committee or the Board, as the case may be, receiving the
transferred child will process for restoration or rehabilitation or social re-integration,
as provided in this Act.

Section 96 Transfer of child between Children’s Homes, or special homes

or fit facility or fit person in different parts of India

The State Government may at any time, on the recommendation of a Committee or

Board, as the case may be, notwithstanding anything contained in this Act, and
keeping the best interest of the child in mind, order the child’s transfer from any
Children’s Home or special home or fit facility or fit person, to a home or facility,
within the State with prior intimation to the concerned Committee or the Board. For
transfer of a child between similar home or facility or person within the same
district, the Committee or Board, as the case may be, of the said district shall be
competent to issue such an order. If transfer is being ordered by a State
Government to an institution outside the State, this shall be done only in

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consultation with the concerned State Government. The total period of stay of the
child in a Children’s Home or a special home shall not be increased by such transfer.
Orders passed shall be deemed to be operative for the Committee or the Board, as
the case may be, of the area to which the child is sent.

 Section 97 Release of a child from an institution

When a child is kept in a Children’s Home or special home, on a report of a

probation officer or social worker or of Government or a voluntary or non-
governmental organisation, as the case may be, the Committee or the Board may
consider, the release of such child, either absolutely or on such conditions as
it may think fit to impose, permitting the child to live with parents or
guardian or under the supervision of any authorised person named in the
order, willing to receive and take charge, educate and train the child, for some
useful trade or calling or to look after the child for rehabilitation. If a child who
has been released conditionally under this section, or the person under whose
supervision the child has been placed, fails to fulfil such conditions, the Board or
Committee may, if necessary, cause the child to be taken charge of and to be placed
back in the concerned home. If the child has been released on a temporary basis,
the time during which the child is not present in the concerned home in pursuance
of the permission granted shall be deemed to be part of the time for which the child
is liable to be kept in the children or special home. In case of a child in conflict with
law fails to fulfill the conditions set by the Board the time for which he is still liable
to be kept in the institution shall be extended by the Board for a period
equivalent to the time which lapses due to such failure.

 Section 98 Leave of absence to a child placed in an institution.

The Committee or the Board, as the case may be, may permit leave of absence to
any child, to allow him, on special occasions like examination, marriage of relatives,
death of kith or kin or accident or serious illness of parent or any emergency of like
nature, under supervision, for a period generally not exceeding seven days

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in one instance, excluding the time taken in journey. The time during which a child
is absent from an institution where he is placed, in pursuance of such
permission granted under this section, shall be deemed to be part of the time for
which he is liable to be kept in the Children’s Home or special home. If a child
refuses, or has failed to return to the Children’s Home or special home, as the case
may be, on the leave period being exhausted or permission being revoked or
forfeited, the Board or Committee may, if necessary, cause him to be taken charge
of and to be taken back to the concerned home. When a child in conflict with law
has failed to return to the special home on the leave period being exhausted or on
permission being revoked or forfeited, the time for which he is still liable to be kept
in the institution shall be extended by the Board for a period equivalent to the time
which lapses due to such failure.

 Amrinder Singh v. State of Haryana, 2016 SCC OnLine P&H 893

 Section 99 Reports to be treated as confidential

 All reports related to the child and considered by the Committee or the Board
shall be treated as confidential. The Committee or the Board, as the case may be,
may, if it so thinks fit, communicate the substance thereof to another Committee or
Board or to the child or to the child’s parent or guardian, and may give such
Committee or the Board or the child or parent or guardian, an opportunity of
producing evidence as may be relevant to the matter stated in the report.
Notwithstanding anything contained in the Act, the victim shall not be denied access
to their case record, orders and relevant papers.

 Court on its Own Motion v. State, 2018 SCC OnLine Del 10301

Clearly, the reports relating to a child which were placed for consideration before the
Child Welfare Committee or with regard to the child in need of care and protection
or before the Juvenile Justice Board with regard to a child in conflict with law are
required to be treated as confidential. The substance thereof only can be

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communicated in terms of the proviso to Section 99(1). The confidentiality thus

attached to the report by any person or expert is absolute. So far as the victim is
concerned, other than the police or the magistrate, no person or authority is
authorized to take any forensic interviews. For this reason as well, it would be the
grossest illegality for any of the person, experts and authorities under the POCSO
Act or the JJ Act to make reports which could have any bearing on the case.

 Jayan K.S. v. Manju S., 2021 SCC OnLine Ker 1539

The confidentiality related to the reports of the Child Welfare Committee or Board
stated in Section 99(1) of the JJ Act is not absolute. The Committee or the Board
has the power to communicate the substance of the report to the child or child's
parent or guardian, if it so thinks fit. The parent or guardian who has the right to
protect the interest of the minor has every right to at least know the contents of the
report especially when the said report relates to the safety and well-being of the
child. When such a report is called for before a court of law in a dispute related to
the parent or guardian of the child or involving the interest of the minor, the access
to the contents of the report cannot be denied to parent or guardian of the minor
relying on the confidentiality clause under Section 99(1) of the JJ Act, especially in a
case where the contents of the report are relevant for adjudication of the said
report.

 Section 106 State Child Protection Society and District Child

Protection Unit

Every State Government shall constitute a Child Protection Society for the
State and Child Protection Unit for every District, consisting of such officers
and other employees as may be appointed by that Government, to take up
matters relating to children with a view to ensure the implementation of this
Act, including the establishment and maintenance of institutions under this
Act, notification of competent authorities in relation to the children and their

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rehabilitation and co-ordination with various official and non-official agencies

concerned and to discharge such other functions as may be prescribed.

 Rule 84

The State Child Protection Society shall perform the following functions namely (i)
overseeing the implementation of the Act and the rules framed thereunder in the
State and supervision and monitoring of agencies and institutions under the Act; (ii)
addressing road-blocks, issues, complaints received regarding care and protection of
children; (iii) ensure that all institutions set up under the Act and the rules are in
place and performing their assigned duties; (iv) reviewing reports received from
various District Child Protection Units on the functioning of institutions in various
districts and take action to facilitate the protection of children wherever necessary
and monitoring the functioning of the District Child Protection Units; (v) develop
programmes for foster care, sponsorship and after-care; (vi) inquire into, seek
reports and make recommendations in cases of death or suicide in Child Care
Institutions and under other institutional care; (vii) ensure inter-department
coordination and liaising with the relevant departments of the State and Central
Governments and State Child Protection Societies of other States or Union
Territories; (viii) networking and coordinating with civil society organisations working
for the effective implementation of the Act and the rules; (ix) maintaining a state
level database of all children in institutional care and family based non institutional
care and updating it on a quarterly basis; (x) maintaining a database of Child Care
Institutions, Specialised Adoption Agencies, open shelters, fit persons and fit
facilities, registered foster parents, sponsors, after care organisations and other
institutions at the State level; (xi) maintaining a database of medical and counselling
centres, de-addiction centres, hospitals, open schools, education facilities,
apprenticeship and vocational training programmes and centres, recreational
facilities such as performing arts, fine arts and facilities for children with special
needs and other such facilities at the State level; (xii) monitoring and administering
the Juvenile Justice Fund set up by the State Government including disbursal of

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funds to the District Child Protection Units, Special Juvenile Police Units and police
stations, as the case may be; (xiii) maintaining separate accounts for all funds
received by the State Child Protection Society such as the Juvenile Justice Fund,
funds under Schemes of Central and State Government and getting the same
audited; (xiv) generate awareness among public on various aspects of the Act and
the rules made there under specifically the existing institutional framework,
rehabilitation measures, penalties, procedures for better protection of children; (xv)
organise and conduct programmes for the implementation of the Act including
training and capacity building of stakeholders; (xvi) commission research
programmes on child protection; (xvii) co-ordinate with State Legal Services
Authority and law schools; and (xviii) any other function for the effective
implementation of the Act and the rules made thereunder. The Member- Secretary
of the State Child Protection Society shall be the Nodal Officer in the State for the
implementation of the Act and the rules.

 Rule 85

The District Child Protection Unit shall perform following functions, namely: (i)
maintain quarterly report information sent by the Board about children in conflict
with law produced before the Board and the quarterly report sent by the Committee;
(ii) arrange for individual or group counselling and community service for children;
(iii) conduct follow up of the individual care plan prepared on the direction of the
Children’s Court for children in the age group of sixteen to eighteen years found to
be in conflict with law for committing heinous offence; (iv) conduct review of the
child placed in the place of safety every year and forward the report to the
Children’s Court; (v) maintain a list of persons who can be engaged as monitoring
authorities and send the list of such persons to the Children’s Court along with bi-
annual updates; (vi) maintain record of run- away children from Child Care
Institutions; (vii) identify families at risk and children in need of care and protection;
(viii) assess the number of children in difficult circumstances and create district-
specific databases to monitor trends and patterns of children in difficult

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circumstances; (ix) periodic and regular mapping of all child related services at
district for creating a resource directory and making the information available to the
Committees and Boards from time to time; (x) facilitate the implementation of non-
institutional programmes including sponsorship, foster care and after care as per the
orders of the Board or the Committee or the Children’s Court; (xi) facilitate transfer
of children at all levels for their restoration to their families; (xii) ensure inter-
departmental coordination and liaise with the relevant departments of the State
Government and State Child Protection Society of the State and other District Child
Protection Units in the State; (xiii) network and coordinate with civil society
organisations working under the Act; (xiv) inquire into, seek reports and take action
in cases of death or suicide in child care institutions and under other institutional
care and submit the reports to the State Child Protection Society; (xv) look into the
complaints and suggestions of the children as contained in the children’s suggestion
box and take appropriate action; (xvi) be represented on the Management
Committees within the Child Care Institutions; (xvii) maintain a district level
database of missing children in institutional care and uploading the same on
designated portal and of children availing the facility of Open Shelter and of children
placed in foster care; (xviii) maintain a database of child care institutions, specialised
adoption agencies, open shelter, fit persons and fit facilities, registered foster
parents, after care organisations and institutions etc. at the district level and forward
the same to the Boards, the Committees, the Children’s Courts and the State Child
Protection Society, as the case may be; (xix) maintain a database of medical and
counselling centres, de-addiction centres, hospitals, open schools, education
facilities, apprenticeship and vocational training programmes and centres,
recreational facilities such as performing arts, fine arts and facilities for children with
special needs and other such facilities at the district level and forward the same to
the Boards, the Committees, the Children’s Courts and the State Child Protection
Society; (xx) maintain a database of special educators, mental health experts,
translators, interpreters, counsellors, psychologists or psycho-social workers or other

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experts who have experience of working with children in difficult circumstances at

the district level and forward the same to the Boards and the Committees and the
Children’s Court and the State Child Protection Society; (xxi) generate awareness
and organise and conduct programmes for the implementation of the Act including
training and capacity building of stakeholders under the Act; (xxii) organise quarterly
meeting with all stakeholders at district level to review the progress and
implementation of the Act; (xxiii) submit a monthly report to the State Child
Protection Society; (xxiv) notify the State Government about a vacancy in the Board
or the Committee six months before such vacancy arises; (xxv) review reports
submitted by Inspection Committees and resolve the issues raised through
coordination among the stakeholders; (xxvi) provide secretarial staff to the
Committees and the Boards; (xxvii) all other functions necessary for effective
implementation of the Act including liaising with community and corporates for
improving the functioning of Child Care Institutions. The District Child Protection
Officer shall be the Nodal Officer in the district for the implementation of the Act and
the rules.

 Sampurna Behura v. Union of India, (2018) 4 SCC 433

It was discussed in this case that, children have the right to live with dignity under
Article 21 of the Constitution and other statutory rights under the JJ Act. The court,
in this case, noted that the National Policy for the Welfare of Children, contained in
the Preamble which states “The nation’s children are a supremely important asset.
Their nurture and solicitude is our responsibility”.[vi] It is quite evident that with the
type of observation homes that the children are kept in, they’re not given a proper
opportunity of being nurtured, which ultimately goes against the aim of the JJ Act.
In its lengthy judgment, the court hoped that the MWCD in the central and state
governments would ensure that the National Commission for Protection of Child
Rights (NCPCR) and the State Commission for Protection of Child Rights (SCPCR)
performed optimally.

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It is also said that the constitution of the State Child Protection Society and District
Child Protection Units needed to include the police and members of civil societies.
The court was of the view that it is “high time that every district in every state must
have a Juvenile Justice Board” that is well-staffed with properly trained personnel
and has a child-friendly ambiance. If there are a large number of inquiries pending,
the court added, ‘it is the obligation of the JJB to sit on a daily basis so that the
inquiry is concluded within the time limit prescribed by the JJ Act’. The court also
hoped that the state governments and concerned authorities would provide
adequate sensitization and training to both legal aid lawyers and Probation Officers
to assist juveniles in conflict with the law and that well-trained Child Welfare Police
Officer (CWPO) and Special Juvenile Police Unit (SJPU) were appointed in each
district.

Further, taking note of the importance of technology in the administrative

functioning of JJBs and Child Welfare Committees (CWCs), it asked the central and
state governments to provide all necessary hardware and software to them, and
also directed states to regularly update their information on the online Central Level
Monitoring System once every quarter. Addressing the lack of safe shelters for
children in conflict with the law, the court urged every state to evaluate the
condition of their Child Care Institutions as well as to provide education, healthcare,
and proper nutrition to its residents. The court reiterated that government
registration in accordance with the provisions of the JJ Act was compulsory for child
care institutions run by individuals or NGOs to avoid incidents of trafficking or child
sexual abuse. Finally, the court hoped that audits would be carried out every six
months to supervise the implementation of the JJ Act across the country. It directed
NALSA to prepare a report on the JJ Act before April 30, 2018, to ‘assist all policy
making and decision-making authorities to plan out their affairs’.

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 Bachpan Bachao Andolan v. Union of India, (2016) 13 SCC 683

Upon discussing on a national policy framework, the following objectives are kept in
mind…(1)To evolve appropriate models for the prevention of alcoholism and
substance abuse, treatment and rehabilitation of drug dependent individuals; (2) To
promote collective initiatives and self-help endeavor among individuals and groups
vulnerable to dependence or found at risk; (3) To increase community participation
and public cooperation in the reduction of demand for dependence-producing
substances; (4) To create a pool of trained human resources personnel and service
providers to strengthen the service delivery mechanisms; (5) To establish and foster
appropriate synergy between interventions by the State, corporate initiatives, the
voluntary sector and other stakeholders in the field of substance abuse prevention;
(6) To facilitate networking among policy planners, service providers and other
stakeholders with an aim to encourage appropriate advocacy; (7) To promote and
sustain a system of continuous monitoring and evaluation including self-correctional
mechanism.

 Section 107 Child Welfare Police Officer and Special Juvenile

Police Unit.

In every police station, at least one officer, not below the rank of assistant sub-
inspector, with aptitude, appropriate training and orientation may be designated as
the child welfare police officer to exclusively deal with children either as victims or
perpetrators, in co-ordination with the police, voluntary and non-governmental
organizations. To co-ordinate all functions of police related to children, the State
Government shall constitute Special Juvenile Police Units in each district and city,
headed by a police officer not below the rank of a Deputy Superintendent of Police
or above and consisting of all police officers designated and two social workers
having experience of working in the field of child welfare, of whom one shall be a
woman. All police officers of the Special Juvenile Police Units shall be provided
special training, especially at induction as child welfare police officer, to enable them

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to perform their functions more effectively. Special Juvenile Police Unit also includes
Railway police dealing with children.

 Rule 86

The State Government shall constitute a Special Juvenile Police Unit in each district
and city to co-ordinate all functions of police related to children. The Central
Government shall constitute a Special Juvenile Police Unit for the Railway Protection
Force or Government Railway Police at every railway station as per requirement and
where a Special Juvenile Police Unit cannot be set up, at least one Railway
Protection Force or Government Railway Police Officer shall be designated as the
Child Welfare Police Officer. The Child Welfare Police Officers and other police
officers of the Special Juvenile Police Unit shall be given, appropriate training and
orientation to deal with matters concerning children. The transfer and posting of the
designated Child Welfare Police Officers may be within the Special Juvenile Police
Units of other police stations or the district unit. The police officer interacting with
children shall be as far as possible in plain clothes and not in uniform and for dealing
with girl child, woman police personnel shall be engaged. The Child Welfare Police
Officer or any other police officer shall speak in polite and soft manner and shall
maintain dignity and self-esteem of the child. Where questions that may lead to
discomfort of the child are to be asked, such questions shall be asked in tactful
manner. When an FIR is registered for offence against a child, a copy of the FIR
shall be handed over to the complainant or child victim and subsequent to the
completion of investigation, copy of report of investigation and other relevant
documents shall be handed over to the complainant or any person authorized to act
on his behalf. No accused or suspected accused shall be brought in contact with the
child and where the victim and the person in conflict with law are both children, they
shall not be brought in contact with each other. The Special Juvenile Police Unit shall
have a list of (i) the Board and Child Welfare Committee in its due jurisdiction, their
place of sitting, hours of sitting, names and contact details of Principal Magistrate
and members of the Board, names and contact details of Chairperson and members

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of the Committee and the procedures to be followed before the Board and the
Committee; and (ii) contact details of the Child Care Institutions and fit facilities in
its due jurisdiction. The names and contact details of the Special Juvenile Police Unit
or Child Welfare Police Officer shall be placed at a conspicuous part at the police
stations, Child Care Institutions, Committees, Boards and the Children’s Courts. The
Special Juvenile Police Unit shall work in close co-ordination with the District Child
Protection Unit, the Board and the Committee in the matters concerning the welfare
of children within its jurisdiction. The Special Juvenile Police Unit may coordinate
with the District Legal Services Authority to provide legal aid to children.

 Bachpan Bachao Andolan v. Union of India, (2016) 13 SCC 683

While recognizing the need for services, it is also necessary to increase the range of
services and the access to various modalities of interventions for prevention,
treatment, rehabilitation with a focus on the poor and marginalized sections of the
society. Special attention would be provided to groups at high risk. School children
are highly impressionable and are influenced largely by the peer group behaviour.
Appropriate interventions in the form of curricular/co-curricular contents will be put
in place in the schools and colleges for awareness generation. Interventions will be
evidence based and supported by sustainable strategies.

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PART V
STRENGTHENING THE SYSTEM
THROUGH STAKEHOLDERS

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PART V: STRENGTHENING THE SYSTEM THROUGH STAKEHOLDERS

The JJ Act, 2015 identifies several stakeholders who are key in realising the rights of
children. The Court In Re Exploitation of Children in Orphanages in the State of TN
(W.P. (Criminal) No. 102 of 2007), at para 51, observed that "We must emphasize, at
this stage that it is absolutely necessary for all stakeholders having interest in the
welfare of children to work together towards a common goal. This teamwork would
include not only the government machinery but also the police, civil society and the
judiciary -Juvenile Justice Committee."

Stakeholder Table

S. Stakeholder Powers Functions Responsibilities

No.
1 Juvenile Justice Board Sec.8(2) Sec.8(3) Sec.8(3)

Rule 7
2 Children’s Court Sec.19 Sec.19 Sec.19
3 Child Welfare Committee Sec.29 Sec.30 Sec.30

Rule 17 Rule17
4 Police – Special Juvenile Rule 86 Rule 86 Rule 86 and
Police Unit, Child Welfare
Police Officer Rule 62
5 Legal Services Art. 39-A Art. 39-A Art. 39-A
Authorities
6 Probation Officer Rule 64 Rule 64 Rule 64
7 Child Care Institutions Rule 61 Rule 61` Rule 61
8 District Child Protection Rule 85 Rule 85 Rule 85
Unit
9 Special Child Protection Rule 84 Rule 84 Rule 84
Society
10 NCPCR, SCPCR Rule 91 Rule 91 Rule 91

*Sec. refers to Sections of Juvenile Justice (Care and Protection of Children) Act, 2015.
*Rules refers to rules of Juvenile Justice (Care and Protection of Children) Model rules, 2016.
*Art. Refers to Article of Constitution of India.

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Role of Police
Chapter III, Model Rules, 2016- procedure in case of child in conflict with law
Chapter VII, Model Rules- other offences against children
Chapter IX, Model Rules- supervision of Child Care Institutions
The Supreme Court in Sampurna Behura case, observed that “An extremely
important stakeholder in the effective implementation of the JJ Act is the local
police. Section 107 of the JJ Act mandates the appointment of a Child Welfare Police
Officer (for short “CWPO”) and a Special Juvenile Police Unit (for short “SJPU”) in
each district. The SJPU must also include two social workers having experience of
work in the field of child welfare, one of them being a woman. The responsibility for
appointment lies on the State Government.”
“94.9. It is important for the police to appreciate their role as the first responder on
issues pertaining to the offences allegedly committed by children as well as the
offences committed against children. There is therefore a need to set up meaningful
Special Juvenile Police Units and appoint Child Welfare Police Officers in terms of the
JJ Act at the earliest and not only on paper. In this context, it is necessary to clearly
identify the duties and responsibilities of such units and officers and wherever
necessary, guidance from the available expertise, either the National Police Academy
or the Bureau of Police Research and Development or NGOs must be taken for the
benefit of children.
94.10. The National Police Academy and State Police Academies must consider
including child rights as a part of their curriculum on a regular basis and not as an
isolated or sporadic event.”
Access to Legal Aid for Children
Access to justice is the overarching principle ensuring the realisation of child rights.
Access also implies availability and affordability, and in this light, the realisation of
the right to free legal aid, and the expedient disbursal of the victim compensation
fund, are crucial. The District Legal Services Authority has been instrumental in
realising the former right of all needy sections of society including children, as
required by the Legal Services Authorities Act, 1987 enacted in furtherance of Article

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39-A of the Constitution. The Hon’ble Supreme Court has reinforced this ideal vide
its decisions in Hoskot Vs. State of Maharashtra [AIR 1978 SC 1548] and Common
Cause Laws Vs. Union of India [AIR 1996 SC 1619], holding that legal aid is not a
mere formality.

Role of advocates in furthering the Right to Legal Aid

An Advocate is accountable for presenting the child's cause before the court. The
role of an Advocate in the Juvenile Justice System has progressed as a challenging
skill set, which requires a critical understanding of what it means to be an advocate
representing a child before the Court of Law.For Advocates, it is important to have
day-to-day interactions with their child client. An Advocate should understand and
analyse the child using child friendly approaches.

An Advocate representing children cannot assume that they know what is best for
their client, and should instead assess and be informed about the child client, their
background and surroundings to ensure that the Court informed on these aspects
before taking a decision.

Every Advocate as a specialized practitioner of juvenile justice should bear in mind

that children are different from adults, not just physiologically but also
psychologically. Advocates must be alert to the special needs or challenges of
children and in the meantime also try to identify the child’s strengths and weakness.
The role of an Advocate specializing in juvenile justice is multifaceted and
challenging. It requires extraordinary sensitivity as well as all the legal knowledge
and courtroom skills.

Legal Aid Advocates are provided by the Tamil Nadu State Legal Services Authority
through the District Legal Services Authority. Every child is entitled for free legal aid
as per the Act. In case the Board finds after inquiry with the child that the Child
requires free legal assistance, the Board appoints and instructs the legal aid
Advocates to assist the Child.

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PROGRAMME SCHEDULE
TAMIL NADU STATE JUDICIAL ACADEMY
and
TAMIL NADU STATE LEGAL SERVICES AUTHORITY
In association with
UNICEF
Workshop on Children in Conflict with Law and Child Victims
For the Secretaries of District Legal Services Authorities,
Principal Magistrates and the Panel Lawyers of
the Juvenile Justice Boards

Date Place For the Districts of

Chennai, Cuddalore, Kancheepuram, Krishnagiri,
18.09.2021
TNSJA, Headquarters, Nagapattinam, Thanjavur
Chennai Tiruvallur, Tiruvannamalai, Tiruvarur, Vellore, Villupuram,
19.09.2021
Puducherry and Karaikal
Ariyalur, Kanniyakumari, Madurai, Perambalur,
30.10.2021
TNSJA Regional Pudukkottai, Ramanathapuram
Centre, Madurai Sivagangai, Theni, Thoothukudi, Tiruchirappalli,
31.10.2021
Tirunelveli, Virudhunagar
27.11.2021 Coimbatore, Dharmapuri, Dindigul, Erode, Karur
TNSJA Regional
Centre, Coimbatore
28.11.2021 Namakkal, Nilgiris, Salem, Tiruppur

10.00 a.m. – 10.10 a.m. Scope and Object of the Programme

10.10 a.m. – 10.20 a.m. Keynote Address

10.20 a.m. – 10.30 a.m. Inaugural Address

10.30 a.m. – 11.30 a.m. Salient Features of Juvenile Justice (Care and Protection of Children) Act, 2015

11.30 a.m. – 11.45 a.m. Tea Break

11.45 a.m. – 01.00 p.m. Functions of Juvenile Justice Board and

Role of Lawyers in Strengthening Juvenile Justice System
01.00 p.m. – 02.00 p.m. Lunch Break

02.00 p.m. – 04.00 p.m. a) Role of Legal Services Authority in providing Legal Assistance and Compensation to
Children
b) Free and Compulsory Education changes the life of Children in Conflict with Law
04.00 p.m. – 04.15 p.m. Tea Break

04.15 p.m. – 05.00 p.m. Discussion and Interaction

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REFERENCES
• Training Module for Probation Officers and Legal Services Lawyers attached to
the Juvenile Justice Boards brought out by NALSA [Available at:
https://nalsa.gov.in/training-modules/training-module-samvedan]
• NALSA Guidelines for Police
[Available at: https://nalsa.gov.in/acts-rules/guidelines/guidelines-for-training-
the-designated-juvenile-child-welfare-officers-attached-to-every-police-station-
and-the-members-of-the-special-juvenile-police-unit-established-under-section-
63-of-thejuvenile-justice-care-and-protection-of-children-act-2000]
• Tamil Nadu Victim Compensation Scheme, 2013
• Dr.S.T.Lakshmi Ramesh, The Juvenile Justice (Care And Protection Of Children)
Act, 2015 & Tamil Nadu Juvenile Justice (Care And Protection) Rules 2017: Law
And Procedure In The Juvenile Justice Board And Children's Court [Available at:
http://tnsja.tn.gov.in/article/JJB_and_CC.pdf]
• Aslı Yayak, Burcu Turk, Nurcan Hamzaoglu, A Psycho-Social Investigation On The
Causes Of Juvenile Delinquency, International Journal Of Humanities And Social
Development Research, Volume 3, No 2, 2019, 50-64
• JPB Starker, Zimbabwe Law Journal (1966)
• Journal of Adolescence Vol. 22, pp. 95-107 (1999)
• Cyril Burt, The Young Delinquent (1925)
• J. Cotter Hirschberg, M.D. And Joseph Noshpitz, M.D., Topeka, Kan., Comments
On Socio-psychological Aspects Of Juvenile Delinquency, (2015)
• Vladimir Zubenko, On The Question Of The Relief Of Minors From Punishment
Through Placement In Closed Fostering Institutions: Some Aspects Of Juvenile
Criminal Policy In Russia (2013)
• Arnold Leunes , Anthony Bourgeois & Rosario Grajales (1996) The Effects of Two
Types of Exposure on Attitudes toward Aspects of Juvenile Delinquency, The
Journal of Social Psychology, 136:6, 699-708, DOI:
10.1080/00224545.1996.9712246

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• P. S. Hundal, H. S. Brar, Measuring The Impact Of Reformatory Education On

The Manifest Behavior And Some Psycho-Social Aspects Of Juvenile Delinquents,
Int. Rev. App. Psychol. (1971), Vol. 20, No. 2
• Peter M. Heyns, Hermanus G. Van Niekerk And Johan A. Le Roux, Moral
Judgment And Behavioral Dimensions Of Juvenile Delinquency, University Of
Stellenbosch, Int. J. Adv. Couns 4:139-151 (1981)
• Psychiatric Aspects of Juvenile Delinquency, Lucien Bovet Review by: Marcel
Frym The Journal of Criminal Law, Criminology, and Police Science, Vol. 43, No. 2
(Jul. - Aug.,1952), p. 231 Published by: Northwestern University Stable URL:
http://www.jstor.org/stable/1139277
• Ms. Abhinanda Choudhury, Dr. M. Sreedevi Xavier, Juvenile Delinquency in India:
A Socio-Psychological Analysis, Volume: 4 | Issue: 4 | April 2015 • ISSN No 2277
– 8179 https://www.worldwidejournals.com/international-journal-of-scientific-
research (IJSR)/fileview.php?val=April_2015_1427978877__162.pdf
• Kavita Sahmey, A Study on Factors Underlying Juvenile Delinquency and Positive
Youth Development Programs (2013) Department of Humanities and Social
Sciences, National Institute of Technology Rourkela-769008, Odisha, India
• K. Parihar, Social Factors Leading to Juvenile Delinquency in Indian Context,
(2020), https://legaldesire.com/social-factors-leading-to-juvenile-delinquency-in-
indian-context/
• Mindee O’Cummings, Sarah Bardack, Simon Gonsoulin, The Importance of
Literacy for Youth Involved in the Juvenile Justice System, The National
Evaluation and Technical Assistance Center, January, (2010) Washington, D.C
https://files.eric.ed.gov/fulltext/ED594436.pdf
• Jane Hodges, Ed.D., Nancy Giuliotti, and F.M. Porpotage II, Improving Literacy
Skills of Juvenile Detainees, JUVENILE JUSTICE BULLETIN, U.S. Department of
Justice (1994) https://www.ojp.gov/pdffiles/lit.pdf

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• Dipa Dube, Victim Compensation Schemes in India: An Analysis, International

Journal of Criminal Justice Sciences Vol 13 Issue 2 July – December 2018 [Access
link: http://www.sascv.org/ijcjs/pdfs/DubeVol13Issue2IJCJS.pdf]
• Ved Kumari, The Juvenile Justice (Care and Protection)Act, 2015: Critical
Analyses, Universal Lexis Nexis, 2021 (Reprint
• Nayan Joshi, Handbook on Juvenile Justice, 3rd edition, Lawmann, Kamal
Publishers, 2021
• National Judicial Academy, Reading Material [Available at:
http://nja.nic.in/Concluded_Programmes.html]
• Rajasthan Judicial Academy, Reading Material [Available at:
http://rajasthanjudicialacademy.nic.in/continue_seminars11.html]

TAMIL NADU STATE JUDICIAL ACADEMY 120 UNICEF

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