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.

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.

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.

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.

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 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).
1[86 Classification of offences and designated court.— (1) Where an offence under this Act
is punishable with imprisonment for a term of more than seven years, then, such offence
shall be cognizable and non-bailable.

1. Subs. by Act 23 of 2021, s. 26, for Section 86 (w.e.f. 1-9-2022).

(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 non-cognizable
and non-bailable.

(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 and bailable.

(4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974)
or the Commission for Protection of Child Rights Act, 2005 (4 of 2006) or the Protection of
Children from Sexual Offences Act, 2012 (32 of 2012), offences under this Act shall be triable
by the Children's Court.] 40

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.

1[Explanation.—For the purposes of this section, the expression “abetment” shall have the
same meaning as assigned to it in Section 107 of the Indian Penal Code (45 of 1860).]

1. Explanation subs. by Act 23 of 2021, s. 27, (w.e.f. 1-9-2022).

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.

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.

CHAPTER X

MISCELLANEOUS

90. Attendance of parent or guardian of child.—The Committee or the Board, as the case
may be, before which a child is brought under any of the provisions of this Act, 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.

91. Dispensing with attendance of child.—(1) 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 inquiry, the Committee or the Board, as the case may be, 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 by the Committee or the Board.

(2) 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, as the case may be.

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, may send the child to any place recognised as a fit facility as prescribed for
such period as it may think necessary for the required treatment.

93. Transfer of a child who is mentally ill or addicted to alcohol or other drugs.—(1) 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
behavioural 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.

(2) In case the child had been removed to a psychiatric hospital or psychiatric nursing home
under sub-section (1), 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 Centre for Addicts or similar centres
maintained by the State Government for mentally ill persons (including the persons addicted
to any narcotic drug or psychotropic substance) and such removal shall be only for the
period required for the inpatient treatment of such child.

Explanation.—For the purposes of this sub-section,—

(a) “Integrated Rehabilitation Centre for Addicts” shall have the meaning assigned to it
under the scheme called “Central Sector Scheme of Assistance for Prevention of Alcoholism
and Substance (Drugs) Abuse and for Social Defence Services” framed by the Central
Government in the Ministry of Social Justice and Empowerment or any other corresponding
scheme for the time being in force; 41

(b) “mentally ill person” shall have the same meaning assigned to it in clause (l) of section 2
of the Mental Health Act, 1987 (14 of 1987);
(c) “psychiatric hospital” or “psychiatric nursing home” shall have the same meaning
assigned to it in clause (q) of section 2 of the Mental Health Act, 1987 (14 of 1987).

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 concerned examination Board, 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.

95. Transfer of a child to place of residence.—(1) 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 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 as may be prescribed:

Provided that 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:

Provided further that 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.

(2) Once the decision to transfer is finalised, 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:
Provided that a girl child shall be accompanied by a woman police officer:

Provided further that 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.

(3) The State Government shall make rules to provide for travelling allowance to the
escorting staff for the child, which shall be paid in advance.

(4) 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.

96. Transfer of child between Children’s Homes, or special homes or fit facility or fit person
in different parts of India.—(1) 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 42

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:

Provided that 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.

(2) If transfer is being ordered by a State Government to an institution outside the State, this
shall be done only in consultation with the concerned State Government.

(3) The total period of stay of the child in a Children’s Home or a special home shall not be
increased by such transfer.

(4) Orders passed under sub-sections (1) and (2) 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.

97. Release of a child from an institution.—(1) 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:

Provided that 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.

(2) 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 under sub-section
(1) shall be deemed to be part of the time for which the child is liable to be kept in the
children or special home:

Provided that in case of a child in conflict with law fails to fulfil the conditions set by the
Board as mentioned in sub-section (1), 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.

98. Leave of absence to a child placed in an institution.—(1) 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 in one instance, excluding the time taken in journey.

(2) 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.

(3) 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:

Provided that 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.

99. Reports to be treated as confidential.—(1) All reports related to the child and
considered by the Committee or the Board shall be treated as confidential:

Provided that 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, 43

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.

(2) Notwithstanding anything contained in this Act, the victim shall not be denied access to
their case record, orders and relevant papers.
100. Protection of action taken in good faith.—No suit, prosecution or other legal
proceeding shall lie against the Central Government, or the State Government or any person
acting under the directions of the Central Government or State Government, as the case
may be, in respect of anything which is done in good faith or intended to be done in
pursuance of this Act or of any rules or regulations made thereunder.

101. Appeals.—(1) Subject to the provisions of this Act, any person aggrieved by an order
made by the Committee or the Board under this Act may, within thirty days from the date of
such order, prefer an appeal to the Children’s Court, except for decisions by the Committee
related to Foster Care and Sponsorship After Care for which the appeal shall lie with the
District Magistrate:

Provided that the Court of Sessions, or the District Magistrate, as the case may be, may
entertain the appeal after the expiry of the said period of thirty days, if it is satisfied that the
appellant was prevented by sufficient cause from filing the appeal in time and such appeal
shall be decided within a period of thirty days.

(2) An appeal shall lie against an order of the Board passed after making the preliminary
assessment into a heinous offence under section 15 of the Act, before the Court of Sessions
and the Court may, while deciding the appeal, take the assistance of experienced
psychologists and medical specialists other than those whose assistance has been obtained
by the Board in passing the order under the said section.

1[(3) No appeal shall lie from any order of acquittal made by the Board in respect of a child
alleged to have committed an offence other than the heinous offence by a child who has
completed or is above the age of sixteen years.]

1. Subs. by Act 23 of 2021, s. 28, for sub-section (3) (w.e.f. 1-9-2022).

2. Ins. by s. 28, ibid. (w.e.f. 1-9-2022).

(4) No second appeal shall lie from any order of the Court of Session, passed in appeal under
this section.

(5) Any person aggrieved by an order of the Children’s Court may file an appeal before the
High Court in accordance with the procedure specified in the Code of Criminal Procedure,
1973 (2 of 1974).

2[(6) Any person aggrieved by an adoption order passed by the District Magistrate may,
within a period of thirty days from the date of such order passed by the District Magistrate,
file an appeal before the Divisional Commissioner.

(7) Every appeal filed under sub-section (6), shall be decided as expeditiously as possible and
an endeavour shall be made to dispose it within a period of four weeks from the date of
filing of the appeal:
Provided that where there is no Divisional Commissioner, the State Government or Union
territory Administration, as the case may be, may, by notification, empower an officer
equivalent to the rank of the Divisional Commissioner to decide the appeal.]

102. Revision.—The High Court may, at any time, either on its own motion or on an
application received in this behalf, call for the record of any proceeding in which any
Committee or Board or Children’s Court, or Court has passed an order, for the purpose of
satisfying itself as to the legality or propriety of any such order and may pass such order in
relation thereto as it thinks fit:

Provided that the High Court shall not pass an order under this section prejudicial to any
person without giving him a reasonable opportunity of being heard.

103. Procedure in inquiries, appeals and revision proceedings.—(1) Save as otherwise

expressly provided by this Act, a Committee or a Board while holding any inquiry under any
of the provisions of this Act, shall follow such procedure as may be prescribed and subject
thereto, shall follow, as far as may 44

be, the procedure laid down in the Code of Criminal Procedure, 1973 (2 of 1974) for trial of
summons cases.

(2) Save as otherwise expressly provided by or under this Act, the procedure to be followed
in hearing appeals or revision proceedings under this Act shall be, as far as practicable, in
accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974).

104. Power of the Committee or the Board to amend its own orders.—(1) Without
prejudice to the provisions for appeal and revision contained in this Act, the Committee or
the Board may, on an application received in this behalf, amend any orders passed by itself,
as to the institution to which a child is to be sent or as to the person under whose care or
supervision a child is to be placed under this Act:

Provided that during the course of hearing for amending any such orders, there shall be at
least two members of the Board of which one shall be the Principal Magistrate and at least
three members of the Committee and all persons concerned, or their authorised
representatives, whose views shall be heard by the Committee or the Board, as the case may
be, before the said orders are amended.

(2) Clerical mistakes in orders passed by the Committee or the Board or errors arising therein
from any accidental slip or omission may, at any time, be corrected by the Committee or the
Board, as the case may be, either on its own motion or on an application received in this
behalf.

105. Juvenile justice fund.—(1) The State Government may create a fund in such name as it
thinks fit for the welfare and rehabilitation of the children dealt with under this Act.
(2) There shall be credited to the fund such voluntary donations, contributions or
subscriptions as may be made by any individual or organisation.

(3) The fund created under sub-section (1) shall be administered by the Department of the
State Government implementing this Act in such manner and for such purposes as may be
prescribed.

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
rehabilitation and co-ordination with various official and non-official agencies concerned and
to discharge such other functions as may be prescribed.

107. Child Welfare Police Officer and Special Juvenile Police Unit.—(1) 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 organisations.

(2) 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 under sub-section (1) and two social workers having experience of
working in the field of child welfare, of whom one shall be a woman.

(3) 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 to perform their
functions more effectively.

(4) Special Juvenile Police Unit also includes Railway police dealing with children.

108. Public awareness on provisions of Act.—The Central Government and every State
Government, shall take necessary measures to ensure that—

(a) the provisions of this Act are given wide publicity through media including television,
radio and print media at regular intervals so as to make the general public, children and their
parents or guardians aware of such provisions; 45

(b) the officers of the Central Government, State Government and other concerned, persons
are imparted periodic training on the matters relating to the implementation of the
provisions of this Act.
109. Monitoring of implementation of Act.—(1) The National Commission for Protection of
Child Rights constituted under section 3, or as the case may be, the State Commission for
Protection of Child Rights constituted under section 17 (herein referred to as the National
Commission or the State Commission, as the case may be), of the Commissions for
Protection of Child rights Act, 2005 (4 of 2006), shall, in addition to the functions assigned to
them under the said Act, also monitor the implementation of the provisions of this Act, in
such manner, as may be prescribed.

(2) The National Commission or, as the case may be, the State Commission, shall, while
inquiring into any matter relating to any offence under this Act, have the same powers as are
vested in the National Commission or the State Commission under the Commissions for
Protection of Child Rights Act, 2005 (4 of 2006).

(3) The National Commission or, as the case may be, the State Commission, shall also include
its activities under this section, in the annual report referred to in section 16 of the
Commissions for Protection of Child Rights Act, 2005 (4 of 2006).

110. Power to make rules.—(1) The State Government shall, by notification in the Official
Gazette, make rules to carry out the purposes of this Act:

Provided that the Central Government may, frame model rules in respect of all or any of the
matters with respect to which the State Government is required to make rules and where
any such model rules have been framed in respect of any such matter, they shall apply to the
State mutatis mutandis until the rules in respect of that matter are made by the State
Government and while making any such rules, they conform to such model rules.

(2) In particular, and without prejudice to the generality of the foregoing powers, such rules
may provide for all or any of the following matters, namely:—

(i) manner of inquiry in case of a missing or run away child or whose parents cannot be
found under sub-clause (vii) of clause (14) of section 2;

(ii) responsibilities of the Child Welfare Officer attached to a Children’s Home under clause
(17) of section 2;

(iii) qualifications of the members of the Board under sub-section (2) of section 4;

(iv) induction training and sensitisation of all members of the Board under sub-section (5) of
section 4;

(v) term of office of the members of the Board and the manner in which such member may
resign under sub-section (6) of section 4;

(vi) time of the meetings of the Board and the rules of procedure in regard to the transaction
of business at its meeting under sub-section (1) of section 7;
(vii) qualifications, experience and payment of fees of an interpreter or translator under
clause (d) of sub-section (3) of section 8;

(viii) any other function of the Board under clause (n) of sub-section (3) of section 8;

(ix) persons through whom any child alleged to be in conflict with law may be produced
before the Board and the manner in which such a child may be sent to an observation home
or place of safety under sub-section (2) of section 10;

(x) manner in which a person apprehended and not released on bail by the officer-in-charge
of the police station may be kept in an observation home until such person is brought before
a Board under sub-section (2) of section 12;

(xi) format for information on pendency in the Board to the Chief Judicial Magistrate or the
Chief Metropolitan Magistrate and District Magistrate on quarterly basis under sub-section
(3) of section 16; 46

(xii) monitoring procedures and list of monitoring authorities under sub-section (2) of
section 20;

(xiii) manner in which the relevant records of the child may be destroyed by the Board,
police or the court under sub-section (2) of section 24;

(xiv) qualifications of the members of the Child Welfare Committee under sub-section (5) of
section 27;

1[(xiva) the form of report submitted to the District Magistrate under sub-section (8) of
Section 27;]

1. Ins. by Act 23 of 2021, s. 29 (w.e.f. 1-9-2022).

(xv) rules and procedures with regard to transaction of business at the meetings of the Child
Welfare Committee under sub-section (1) of section 28;

(xvi) process of restoration of abandoned or lost children to their families under clause (x) of
section 30;

(xvii) manner of submitting the report to the Committee and the manner of sending and
entrusting the child to Children’s Home or fit facility or fit person under sub-section (2) of
section 31;

(xviii) manner of holding an inquiry by the Child Welfare Committee under sub-section (1) of
section 36;

(xix) manner in which a child may be sent to a Specialised Adoption Agency if the child is
below six 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 including manner in which situation
of the child placed in a Children’s Home or with a fit facility or person or foster family, may
be reviewed by the Committee under sub-section (3) of section 36;

(xx) manner in which a quarterly report may be submitted by the Committee to the District
Magistrate for review of pendency of cases under sub-section (4) of section 36;

(xxi) any other order related to any other function of the Committee under clause (iii) of sub-
section (2) of section 37;

(xxii) information to be given every month by the Committee to State Agency and Authority
regarding number of children declared legally free for adoption and number of cases
pending under sub-section (5) of section 38;

1[(xxiia) the form of quarterly report regarding restored, dead and runaway children under
sub-section (4) of Section 40;]

(xxiii) manner in which all institutions under this Act shall be registered under sub-section (1)
of section 41;

(xxiv) procedure for cancelling or withholding registration of an institution that fails to

provide rehabilitation and re-integration services under sub-section (7) of section 41;

(xxv) manner in which information shall be sent every month by the open shelter to the
District Child Protection Unit and Committee under sub-section (3) of section 43;

(xxvi) procedure for placing children in foster care including group foster care under sub-
section (1) of section 44;

(xxvii) procedure for inspection of children in foster care under sub-section (4) of section 44;

(xxviii) manner in which foster family shall provide education, health and nutrition to the
child under sub-section (6) of section 44;

(xxix) procedure and criteria in which foster care services shall be provided to children under
sub-section (7) of section 44; 47

(xxx) format for inspection of foster families by the Committee to check the well being of
children under sub-section (8) of section 44;

(xxxi) purpose of undertaking various programmes of sponsorship of children, such as

individual to individual sponsorship, group sponsorship or community sponsorship under
sub-section (1) of section 45;

(xxxii) duration of sponsorship under sub-section (3) of section 45;

(xxxiii) manner of providing financial support to any child leaving institutional care on
completing eighteen years of age under section 46;
(xxxiv) management and monitoring of observation homes, including the standards and
various types of services to be provided by them for rehabilitation and social integration of a
child alleged to be in conflict with law and the circumstances under which, and the manner
in which, the registration of an observation home may be granted or withdrawn under sub-
section (3) of section 47;

(xxxv) management and monitoring of special homes including the standards and various
types of services to be provided to them under sub-section (2) and sub-section (3) of section
48;

(xxxvi) monitoring and management of children’s homes including the standards and the
nature of services to be provided by them, based on individual care plans for each child
under sub-section (3) of section 50;

(xxxvii) manner in which a Board or the Committee shall recognise, a facility being run by a
Governmental organisation or a voluntary or non-governmental organisation registered
under any law for the time being in force, fit to temporarily take the responsibility of a child
for a specific purpose after due inquiry regarding the suitability of the facility and the
organisation to take care of the child under sub-section (1) of section 51;

(xxxviii) procedure of verification of credentials, for recognising any person fit to temporarily
receive a child for care, protection and treatment of such child for a specified period by the
Board or the Committee under sub-section (1) of section 52;

(xxxix) manner in which services shall be provided by an institution under this Act for
rehabilitation and re-integration of children and standards for basic requirements such as
food, shelter, clothing and medical attention under sub-section (1) of section 53;

(xl) manner in which Management Committee shall be set up by each institution for
management of the institution and monitoring of the progress of every child under sub-
section (2) of section 53;

(xli) activities that may be taken up by children’s committees under sub-section (3) of section
53;

(xlii) appointment of inspection committees for all institutions registered or recognised fit,
for the State and district under sub-section (1) of section 54;

(xliii) manner in which Central Government or State Government may independently

evaluate the functioning of the Board, Committee, special juvenile police units, registered
institutions, or recognised fit facilities and persons, including the period and through
persons or institutions under sub-section (1) of section 55;

(xliv) manner in which institutions shall furnish details of children declared legally free for
adoption to the Specialised Adoption Agency under sub-section (2) of section 66;

(xlv) any other function of the Authority under clause (e) of section 68;
(xlvi) criteria for the selection or nomination of the Members of the Steering Committee of
the Authority and their tenure as well as the terms and conditions of their appointment
under sub-section (2) of section 69;

(xlvii) manner in which Steering Committee of the Authority shall meet under sub-section (4)
of section 69; 48

(xlviii) manner in which the Authority shall submit an annual report to the Central
Government under sub-section (1) of section 71;

(xlix) functions of the Authority under sub-section (2) of section 72;

(l) manner in which the Authority shall maintain proper accounts and other relevant records
and prepare an annual statement of accounts under sub-section (1) of section 73;

(li) period that the Committee or Board may think necessary for the treatment of children
who are found to be suffering from a disease requiring prolonged medical treatment or
physical or mental complaint that will respond to treatment to a fit facility under section 92;

(lii) procedure for transfer of child under sub-section (1) of section 95;

(liii) provision for travelling allowance to the escorting staff for the child under sub-section
(3) of section 95;

(liv) procedure to be followed by the Committee or a Board while holding any inquiry, appeal
or revision under sub-section (1) of section 103;

(lv) manner in which juvenile justice fund shall be administered under sub-section (3) of
section 105;

(lvi) functioning of the Child Protection Society for the State and Child Protection Units for
every district under section 106;

(lvii) to enable the National Commission, or as the case may be, the State Commission to
monitor implementation of the provisions of this Act under sub-section (1) of section 109;

(lviii) any other matter which is required to be, or may be, prescribed.

(3) Every rule and every regulation made under this Act shall be laid, as soon as may be after
it is made, before each House of Parliament, while it is in session, for a total period of thirty
days which may be comprised in one session or in two or more successive sessions, and if,
before the expiry of the session immediately following the session or the successive sessions
aforesaid, both Houses agree in making any modification in the rule or regulation or both
Houses agree that the rule or regulation should not be made, the rule or regulation shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so,
however, that any such modification or annulment shall be without prejudice to the validity
of anything previously done under that rule or regulation.
(4) Every rule made by the State Government under this Act shall be laid, as soon as may be
after it is made, before the State Legislature.

111. Repeal and savings.—(1) The Juvenile Justice (Care and Protection of Children) Act,
2000 (56 of 2000) is hereby repealed.

(2) Notwithstanding such 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 this Act.

112. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the
provisions of this Act, the Central Government may, by order, not inconsistent with the
provisions of this Act, remove the difficulty:

Provided that no such order shall be made after the expiry of the period of two years from
the commencement of this Act.

(2) However, order made under this section shall be laid, as soon as may be after it is made,
before each House of Parliament.

ars, then, such offence shall be cognizable and non-bailable.

1. Subs. by Act 23 of 2021, s. 26, for Section 86 (w.e.f. 1-9-2022).

(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 non-cognizable
and non-bailable.

(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 and bailable.

(4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974)
or the Commission for Protection of Child Rights Act, 2005 (4 of 2006) or the Protection of
Children from Sexual Offences Act, 2012 (32 of 2012), offences under this Act shall be triable
by the Children's Court.] 40

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.

1[Explanation.—For the purposes of this section, the expression “abetment” shall have the
same meaning as assigned to it in Section 107 of the Indian Penal Code (45 of 1860).]

1. Explanation subs. by Act 23 of 2021, s. 27, (w.e.f. 1-9-2022).

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.

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.

CHAPTER X

MISCELLANEOUS

90. Attendance of parent or guardian of child.—The Committee or the Board, as the case
may be, before which a child is brought under any of the provisions of this Act, 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.

91. Dispensing with attendance of child.—(1) 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 inquiry, the Committee or the Board, as the case may be, 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 by the Committee or the Board.

(2) 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, as the case may be.

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, may send the child to any place recognised as a fit facility as prescribed for
such period as it may think necessary for the required treatment.

93. Transfer of a child who is mentally ill or addicted to alcohol or other drugs.—(1) 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
behavioural 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.

(2) In case the child had been removed to a psychiatric hospital or psychiatric nursing home
under sub-section (1), 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 Centre for Addicts or similar centres
maintained by the State Government for mentally ill persons (including the persons addicted
to any narcotic drug or psychotropic substance) and such removal shall be only for the
period required for the inpatient treatment of such child.

Explanation.—For the purposes of this sub-section,—

(a) “Integrated Rehabilitation Centre for Addicts” shall have the meaning assigned to it
under the scheme called “Central Sector Scheme of Assistance for Prevention of Alcoholism
and Substance (Drugs) Abuse and for Social Defence Services” framed by the Central
Government in the Ministry of Social Justice and Empowerment or any other corresponding
scheme for the time being in force; 41

(b) “mentally ill person” shall have the same meaning assigned to it in clause (l) of section 2
of the Mental Health Act, 1987 (14 of 1987);

(c) “psychiatric hospital” or “psychiatric nursing home” shall have the same meaning
assigned to it in clause (q) of section 2 of the Mental Health Act, 1987 (14 of 1987).

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 concerned examination Board, 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.
95. Transfer of a child to place of residence.—(1) 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 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 as may be prescribed:

Provided that 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:

Provided further that 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.

(2) Once the decision to transfer is finalised, 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:

Provided that a girl child shall be accompanied by a woman police officer:

Provided further that 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.

(3) The State Government shall make rules to provide for travelling allowance to the
escorting staff for the child, which shall be paid in advance.

(4) 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.

96. Transfer of child between Children’s Homes, or special homes or fit facility or fit person
in different parts of India.—(1) 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 42

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:

Provided that 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.

(2) If transfer is being ordered by a State Government to an institution outside the State, this
shall be done only in consultation with the concerned State Government.
(3) The total period of stay of the child in a Children’s Home or a special home shall not be
increased by such transfer.

(4) Orders passed under sub-sections (1) and (2) 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.

97. Release of a child from an institution.—(1) 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:

Provided that 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.

(2) 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 under sub-section
(1) shall be deemed to be part of the time for which the child is liable to be kept in the
children or special home:

Provided that in case of a child in conflict with law fails to fulfil the conditions set by the
Board as mentioned in sub-section (1), 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.

98. Leave of absence to a child placed in an institution.—(1) 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 in one instance, excluding the time taken in journey.

(2) 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.

(3) 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:
Provided that 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.

99. Reports to be treated as confidential.—(1) All reports related to the child and
considered by the Committee or the Board shall be treated as confidential:

Provided that 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, 43

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.

(2) Notwithstanding anything contained in this Act, the victim shall not be denied access to
their case record, orders and relevant papers.

100. Protection of action taken in good faith.—No suit, prosecution or other legal
proceeding shall lie against the Central Government, or the State Government or any person
acting under the directions of the Central Government or State Government, as the case
may be, in respect of anything which is done in good faith or intended to be done in
pursuance of this Act or of any rules or regulations made thereunder.

101. Appeals.—(1) Subject to the provisions of this Act, any person aggrieved by an order
made by the Committee or the Board under this Act may, within thirty days from the date of
such order, prefer an appeal to the Children’s Court, except for decisions by the Committee
related to Foster Care and Sponsorship After Care for which the appeal shall lie with the
District Magistrate:

Provided that the Court of Sessions, or the District Magistrate, as the case may be, may
entertain the appeal after the expiry of the said period of thirty days, if it is satisfied that the
appellant was prevented by sufficient cause from filing the appeal in time and such appeal
shall be decided within a period of thirty days.

(2) An appeal shall lie against an order of the Board passed after making the preliminary
assessment into a heinous offence under section 15 of the Act, before the Court of Sessions
and the Court may, while deciding the appeal, take the assistance of experienced
psychologists and medical specialists other than those whose assistance has been obtained
by the Board in passing the order under the said section.

1[(3) No appeal shall lie from any order of acquittal made by the Board in respect of a child
alleged to have committed an offence other than the heinous offence by a child who has
completed or is above the age of sixteen years.]
1. Subs. by Act 23 of 2021, s. 28, for sub-section (3) (w.e.f. 1-9-2022).

2. Ins. by s. 28, ibid. (w.e.f. 1-9-2022).

(4) No second appeal shall lie from any order of the Court of Session, passed in appeal under
this section.

(5) Any person aggrieved by an order of the Children’s Court may file an appeal before the
High Court in accordance with the procedure specified in the Code of Criminal Procedure,
1973 (2 of 1974).

2[(6) Any person aggrieved by an adoption order passed by the District Magistrate may,
within a period of thirty days from the date of such order passed by the District Magistrate,
file an appeal before the Divisional Commissioner.

(7) Every appeal filed under sub-section (6), shall be decided as expeditiously as possible and
an endeavour shall be made to dispose it within a period of four weeks from the date of
filing of the appeal:

Provided that where there is no Divisional Commissioner, the State Government or Union
territory Administration, as the case may be, may, by notification, empower an officer
equivalent to the rank of the Divisional Commissioner to decide the appeal.]

102. Revision.—The High Court may, at any time, either on its own motion or on an
application received in this behalf, call for the record of any proceeding in which any
Committee or Board or Children’s Court, or Court has passed an order, for the purpose of
satisfying itself as to the legality or propriety of any such order and may pass such order in
relation thereto as it thinks fit:

Provided that the High Court shall not pass an order under this section prejudicial to any
person without giving him a reasonable opportunity of being heard.

103. Procedure in inquiries, appeals and revision proceedings.—(1) Save as otherwise

expressly provided by this Act, a Committee or a Board while holding any inquiry under any
of the provisions of this Act, shall follow such procedure as may be prescribed and subject
thereto, shall follow, as far as may 44

be, the procedure laid down in the Code of Criminal Procedure, 1973 (2 of 1974) for trial of
summons cases.

(2) Save as otherwise expressly provided by or under this Act, the procedure to be followed
in hearing appeals or revision proceedings under this Act shall be, as far as practicable, in
accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974).

104. Power of the Committee or the Board to amend its own orders.—(1) Without
prejudice to the provisions for appeal and revision contained in this Act, the Committee or
the Board may, on an application received in this behalf, amend any orders passed by itself,
as to the institution to which a child is to be sent or as to the person under whose care or
supervision a child is to be placed under this Act:

Provided that during the course of hearing for amending any such orders, there shall be at
least two members of the Board of which one shall be the Principal Magistrate and at least
three members of the Committee and all persons concerned, or their authorised
representatives, whose views shall be heard by the Committee or the Board, as the case may
be, before the said orders are amended.

(2) Clerical mistakes in orders passed by the Committee or the Board or errors arising therein
from any accidental slip or omission may, at any time, be corrected by the Committee or the
Board, as the case may be, either on its own motion or on an application received in this
behalf.

105. Juvenile justice fund.—(1) The State Government may create a fund in such name as it
thinks fit for the welfare and rehabilitation of the children dealt with under this Act.

(2) There shall be credited to the fund such voluntary donations, contributions or
subscriptions as may be made by any individual or organisation.

(3) The fund created under sub-section (1) shall be administered by the Department of the
State Government implementing this Act in such manner and for such purposes as may be
prescribed.

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
rehabilitation and co-ordination with various official and non-official agencies concerned and
to discharge such other functions as may be prescribed.

107. Child Welfare Police Officer and Special Juvenile Police Unit.—(1) 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 organisations.

(2) 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 under sub-section (1) and two social workers having experience of
working in the field of child welfare, of whom one shall be a woman.
(3) 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 to perform their
functions more effectively.

(4) Special Juvenile Police Unit also includes Railway police dealing with children.

108. Public awareness on provisions of Act.—The Central Government and every State
Government, shall take necessary measures to ensure that—

(a) the provisions of this Act are given wide publicity through media including television,
radio and print media at regular intervals so as to make the general public, children and their
parents or guardians aware of such provisions; 45

(b) the officers of the Central Government, State Government and other concerned, persons
are imparted periodic training on the matters relating to the implementation of the
provisions of this Act.

109. Monitoring of implementation of Act.—(1) The National Commission for Protection of

Child Rights constituted under section 3, or as the case may be, the State Commission for
Protection of Child Rights constituted under section 17 (herein referred to as the National
Commission or the State Commission, as the case may be), of the Commissions for
Protection of Child rights Act, 2005 (4 of 2006), shall, in addition to the functions assigned to
them under the said Act, also monitor the implementation of the provisions of this Act, in
such manner, as may be prescribed.

(2) The National Commission or, as the case may be, the State Commission, shall, while
inquiring into any matter relating to any offence under this Act, have the same powers as are
vested in the National Commission or the State Commission under the Commissions for
Protection of Child Rights Act, 2005 (4 of 2006).

(3) The National Commission or, as the case may be, the State Commission, shall also include
its activities under this section, in the annual report referred to in section 16 of the
Commissions for Protection of Child Rights Act, 2005 (4 of 2006).

110. Power to make rules.—(1) The State Government shall, by notification in the Official
Gazette, make rules to carry out the purposes of this Act:

Provided that the Central Government may, frame model rules in respect of all or any of the
matters with respect to which the State Government is required to make rules and where
any such model rules have been framed in respect of any such matter, they shall apply to the
State mutatis mutandis until the rules in respect of that matter are made by the State
Government and while making any such rules, they conform to such model rules.

(2) In particular, and without prejudice to the generality of the foregoing powers, such rules
may provide for all or any of the following matters, namely:—
(i) manner of inquiry in case of a missing or run away child or whose parents cannot be
found under sub-clause (vii) of clause (14) of section 2;

(ii) responsibilities of the Child Welfare Officer attached to a Children’s Home under clause
(17) of section 2;

(iii) qualifications of the members of the Board under sub-section (2) of section 4;

(iv) induction training and sensitisation of all members of the Board under sub-section (5) of
section 4;

(v) term of office of the members of the Board and the manner in which such member may
resign under sub-section (6) of section 4;

(vi) time of the meetings of the Board and the rules of procedure in regard to the transaction
of business at its meeting under sub-section (1) of section 7;

(vii) qualifications, experience and payment of fees of an interpreter or translator under

clause (d) of sub-section (3) of section 8;

(viii) any other function of the Board under clause (n) of sub-section (3) of section 8;

(ix) persons through whom any child alleged to be in conflict with law may be produced
before the Board and the manner in which such a child may be sent to an observation home
or place of safety under sub-section (2) of section 10;

(x) manner in which a person apprehended and not released on bail by the officer-in-charge
of the police station may be kept in an observation home until such person is brought before
a Board under sub-section (2) of section 12;

(xi) format for information on pendency in the Board to the Chief Judicial Magistrate or the
Chief Metropolitan Magistrate and District Magistrate on quarterly basis under sub-section
(3) of section 16; 46

(xii) monitoring procedures and list of monitoring authorities under sub-section (2) of
section 20;

(xiii) manner in which the relevant records of the child may be destroyed by the Board,
police or the court under sub-section (2) of section 24;

(xiv) qualifications of the members of the Child Welfare Committee under sub-section (5) of
section 27;

1[(xiva) the form of report submitted to the District Magistrate under sub-section (8) of
Section 27;]

1. Ins. by Act 23 of 2021, s. 29 (w.e.f. 1-9-2022).

(xv) rules and procedures with regard to transaction of business at the meetings of the Child
Welfare Committee under sub-section (1) of section 28;

(xvi) process of restoration of abandoned or lost children to their families under clause (x) of
section 30;

(xvii) manner of submitting the report to the Committee and the manner of sending and
entrusting the child to Children’s Home or fit facility or fit person under sub-section (2) of
section 31;

(xviii) manner of holding an inquiry by the Child Welfare Committee under sub-section (1) of
section 36;

(xix) manner in which a child may be sent to a Specialised Adoption Agency if the child is
below six 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 including manner in which situation
of the child placed in a Children’s Home or with a fit facility or person or foster family, may
be reviewed by the Committee under sub-section (3) of section 36;

(xx) manner in which a quarterly report may be submitted by the Committee to the District
Magistrate for review of pendency of cases under sub-section (4) of section 36;

(xxi) any other order related to any other function of the Committee under clause (iii) of sub-
section (2) of section 37;

(xxii) information to be given every month by the Committee to State Agency and Authority
regarding number of children declared legally free for adoption and number of cases
pending under sub-section (5) of section 38;

1[(xxiia) the form of quarterly report regarding restored, dead and runaway children under
sub-section (4) of Section 40;]

(xxiii) manner in which all institutions under this Act shall be registered under sub-section (1)
of section 41;

(xxiv) procedure for cancelling or withholding registration of an institution that fails to

provide rehabilitation and re-integration services under sub-section (7) of section 41;

(xxv) manner in which information shall be sent every month by the open shelter to the
District Child Protection Unit and Committee under sub-section (3) of section 43;

(xxvi) procedure for placing children in foster care including group foster care under sub-
section (1) of section 44;

(xxvii) procedure for inspection of children in foster care under sub-section (4) of section 44;

(xxviii) manner in which foster family shall provide education, health and nutrition to the
child under sub-section (6) of section 44;
(xxix) procedure and criteria in which foster care services shall be provided to children under
sub-section (7) of section 44; 47

(xxx) format for inspection of foster families by the Committee to check the well being of
children under sub-section (8) of section 44;

(xxxi) purpose of undertaking various programmes of sponsorship of children, such as

individual to individual sponsorship, group sponsorship or community sponsorship under
sub-section (1) of section 45;

(xxxii) duration of sponsorship under sub-section (3) of section 45;

(xxxiii) manner of providing financial support to any child leaving institutional care on
completing eighteen years of age under section 46;

(xxxiv) management and monitoring of observation homes, including the standards and
various types of services to be provided by them for rehabilitation and social integration of a
child alleged to be in conflict with law and the circumstances under which, and the manner
in which, the registration of an observation home may be granted or withdrawn under sub-
section (3) of section 47;

(xxxv) management and monitoring of special homes including the standards and various
types of services to be provided to them under sub-section (2) and sub-section (3) of section
48;

(xxxvi) monitoring and management of children’s homes including the standards and the
nature of services to be provided by them, based on individual care plans for each child
under sub-section (3) of section 50;

(xxxvii) manner in which a Board or the Committee shall recognise, a facility being run by a
Governmental organisation or a voluntary or non-governmental organisation registered
under any law for the time being in force, fit to temporarily take the responsibility of a child
for a specific purpose after due inquiry regarding the suitability of the facility and the
organisation to take care of the child under sub-section (1) of section 51;

(xxxviii) procedure of verification of credentials, for recognising any person fit to temporarily
receive a child for care, protection and treatment of such child for a specified period by the
Board or the Committee under sub-section (1) of section 52;

(xxxix) manner in which services shall be provided by an institution under this Act for
rehabilitation and re-integration of children and standards for basic requirements such as
food, shelter, clothing and medical attention under sub-section (1) of section 53;
(xl) manner in which Management Committee shall be set up by each institution for
management of the institution and monitoring of the progress of every child under sub-
section (2) of section 53;

(xli) activities that may be taken up by children’s committees under sub-section (3) of section
53;

(xlii) appointment of inspection committees for all institutions registered or recognised fit,
for the State and district under sub-section (1) of section 54;

(xliii) manner in which Central Government or State Government may independently

evaluate the functioning of the Board, Committee, special juvenile police units, registered
institutions, or recognised fit facilities and persons, including the period and through
persons or institutions under sub-section (1) of section 55;

(xliv) manner in which institutions shall furnish details of children declared legally free for
adoption to the Specialised Adoption Agency under sub-section (2) of section 66;

(xlv) any other function of the Authority under clause (e) of section 68;

(xlvi) criteria for the selection or nomination of the Members of the Steering Committee of
the Authority and their tenure as well as the terms and conditions of their appointment
under sub-section (2) of section 69;

(xlvii) manner in which Steering Committee of the Authority shall meet under sub-section (4)
of section 69; 48

(xlviii) manner in which the Authority shall submit an annual report to the Central
Government under sub-section (1) of section 71;

(xlix) functions of the Authority under sub-section (2) of section 72;

(l) manner in which the Authority shall maintain proper accounts and other relevant records
and prepare an annual statement of accounts under sub-section (1) of section 73;

(li) period that the Committee or Board may think necessary for the treatment of children
who are found to be suffering from a disease requiring prolonged medical treatment or
physical or mental complaint that will respond to treatment to a fit facility under section 92;

(lii) procedure for transfer of child under sub-section (1) of section 95;

(liii) provision for travelling allowance to the escorting staff for the child under sub-section
(3) of section 95;

(liv) procedure to be followed by the Committee or a Board while holding any inquiry, appeal
or revision under sub-section (1) of section 103;
(lv) manner in which juvenile justice fund shall be administered under sub-section (3) of
section 105;

(lvi) functioning of the Child Protection Society for the State and Child Protection Units for
every district under section 106;

(lvii) to enable the National Commission, or as the case may be, the State Commission to
monitor implementation of the provisions of this Act under sub-section (1) of section 109;

(lviii) any other matter which is required to be, or may be, prescribed.

(3) Every rule and every regulation made under this Act shall be laid, as soon as may be after
it is made, before each House of Parliament, while it is in session, for a total period of thirty
days which may be comprised in one session or in two or more successive sessions, and if,
before the expiry of the session immediately following the session or the successive sessions
aforesaid, both Houses agree in making any modification in the rule or regulation or both
Houses agree that the rule or regulation should not be made, the rule or regulation shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so,
however, that any such modification or annulment shall be without prejudice to the validity
of anything previously done under that rule or regulation.

(4) Every rule made by the State Government under this Act shall be laid, as soon as may be
after it is made, before the State Legislature.

111. Repeal and savings.—(1) The Juvenile Justice (Care and Protection of Children) Act,
2000 (56 of 2000) is hereby repealed.

(2) Notwithstanding such 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 this Act.

112. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the
provisions of this Act, the Central Government may, by order, not inconsistent with the
provisions of this Act, remove the difficulty:

Provided that no such order shall be made after the expiry of the period of two years from
the commencement of this Act.

(2) However, order made under this section shall be laid, as soon as may be after it is made,
before each House of Parliament.