JUVENILE JUSTICE CARE AND PROTECTION OF CHILDREN ACT, 2015
(1) This Act may be called the Juvenile Justice (Care and Protection of Children) Act, 2015.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
(4) Notwithstanding anything contained in any other law for the time being in force, the provisions of this Act shall apply to all matters concerning children in need of care and protection and children in conflict with law, including -
(i) apprehension, detention, prosecution, penalty or imprisonment, rehabilitation and social re-integration of children in conflict with law;
(ii) procedures and decisions or orders rel
Section 1 of the Juvenile Justice (Care and Protection of Children) Act, 2015, lays down the short title, extent, commencement, and application of the Act, establishing the framework for juvenile justice and child protection in India. It signifies a comprehensive legislative effort to address the needs of children in conflict with law and children in need of care and protection, emphasizing a child-centric approach rooted in the principles of reform, rehabilitation, and social reintegration [Juvenile Justice Act, 2015 - Preamble;].
Section 1 states that the Act may be called the Juvenile Justice (Care and Protection of Children) Act, 2015, and specifies its extent and application across India. It also provides for the commencement of the Act and clarifies that the Act applies to all children in conflict with law and children in need of care and protection, covering procedural and substantive aspects of juvenile justice [Section 1, Juvenile Justice Act, 2015].
Section 1's scope is broad, establishing the legal basis for juvenile justice, covering procedural safeguards, rights of children, and the responsibilities of authorities and courts. It ensures the Act's provisions are applicable to all relevant cases nationwide, emphasizing child welfare and rights, and aligns with international standards such as the UNCRC [Introduction to Juvenile Justice Act, 2015;].
Section 1 itself does not prescribe any punishment; rather, it sets the legislative framework. Punishments for offences committed by children are specified elsewhere in the Act, with maximum penalties generally limited to three years of imprisonment or less, reflecting the rehabilitative intent [Section 1, Juvenile Justice Act, 2015].
In summary, Section 1 of the Juvenile Justice Act, 2015, establishes the fundamental legal framework for juvenile justice in India, emphasizing a child-centric, rehabilitative approach, ensuring uniform applicability across the country, and aligning with international standards for child rights and welfare.
In this Act, unless the context otherwise requires,-
(1) "abandoned child" means a child deserted by his biological or adoptive parents or guardians, who has been declared as abandoned by the Committee after due inquiry;
(2) "adoption" means the process through which the adopted child is permanently separated from his biological parents and becomes the lawful child of his adoptive parents with all the rights, privileges and responsibilities that are attached to a biological child;
(3) "adoption regulations" means the regulations framed by the Authority and notified by the Central Government in respect of adoption;
(4) "administrator" means any district official not below the rank of Deputy Secretary to the State, on whom magisterial powers have been
The Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) represents a significant reform in the legal framework governing children in India. It aims to provide a comprehensive approach to the care, protection, and rehabilitation of children who are in conflict with the law or in need of care and protection. Section 2 of the Act lays down essential definitions that form the foundation for its application.
Section 2 of the JJ Act provides definitions for various terms used throughout the Act, including "child," "juvenile," "child in conflict with law," and "child in need of care and protection." These definitions are crucial for understanding the scope and applicability of the Act.
The definitions provided in Section 2 establish the framework for the entire Act, guiding the treatment of children in various circumstances, whether they are offenders or victims. The Act emphasizes rehabilitation over punishment, reflecting a child-centric approach.
Section 2 itself does not prescribe punishments; rather, it sets the stage for how children are treated under the law. The Act includes provisions for rehabilitation and social reintegration rather than punitive measures.
This commentary highlights the significance of Section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015, in shaping the legal landscape for children in India.
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 intere
Section 3 of the Juvenile Justice (Care and Protection of Children) Act, 2015, lays down the fundamental principles that guide the entire juvenile justice system in India. It emphasizes the importance of protecting the dignity, rights, and best interests of children, whether in conflict with law or in need of care and protection. This section enshrines the core values and objectives of juvenile justice, aligning them with constitutional mandates and international principles such as the UNCRC.
Section 3 prescribes the general principles to be followed in the administration of the Act. It mandates that all actions concerning children should uphold their dignity, worth, and rights, and should be aimed at their holistic development. The principles include non-discrimination, the child's best interests, right to participation, and the importance of family and community-based care, among others.
Section 3 applies to all actions, procedures, and decisions under the Act, including investigation, trial, rehabilitation, and care. It provides the overarching guiding principles that inform the functioning of juvenile justice authorities, courts, and child welfare agencies. It also aligns with constitutional provisions under Articles 14, 15, 21, and 39(e) of the Indian Constitution, ensuring that children's rights are central to juvenile justice.
Section 3 itself does not prescribe any punishments. Instead, it sets the normative framework within which violations of the principles may be challenged or scrutinized. Violations of these principles, especially in procedures or treatment, may lead to judicial review, and courts can set aside illegal actions that violate the core principles.
Section 3 of the Juvenile Justice (Care and Protection of Children) Act, 2015, is a foundational provision that enshrines the core principles guiding juvenile justice in India. It emphasizes the dignity, rights, and best interests of children, advocating for humane, fair, and rehabilitative approaches. Its broad scope ensures that all actions under the Act are rooted in child-centric values, aligning domestic law with constitutional mandates and international standards. Judicial and administrative authorities are bound to adhere to these principles, and any deviation can be scrutinized and rectified through judicial review, reinforcing the commitment to child rights and welfare.
(1) Notwithstanding anything contained in the Code of Criminal Procedure, [2 of 1974] 1973, 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.
(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, [2 of 1974] 1973 on a Metropolitan Magistrate or, as the case may be, a Judicial Magistrate of First Class.
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Section 4 of the Juvenile Justice (Care and Protection of Children) Act, 2015, delineates the constitution, functions, and procedural framework of the Juvenile Justice Board (JJB), which is the specialized authority for adjudicating cases involving children in conflict with law. The provision underscores the importance of appointing qualified personnel with expertise in child welfare, psychology, and related fields to ensure that justice is administered in a manner that promotes rehabilitation and protection of minors.
Section 4 prescribes the composition of the Juvenile Justice Board, mandates the appointment of a Magistrate with at least three years of experience, and emphasizes the need for members with specialized knowledge or training in child psychology, welfare, or related areas. It also details the procedures for the functioning of the Board, including the appointment process, qualifications, and the importance of training and capacity building for members.
Section 4 applies to all Juvenile Justice Boards established under the Act across districts and states, ensuring uniformity in their constitution and functioning. It aims to create a specialized judiciary mechanism that is sensitive to the needs of children, balancing legal justice with social and psychological welfare. The section also underscores the importance of training and qualification standards to prevent arbitrariness and ensure expert handling of juvenile cases.
While Section 4 itself does not prescribe punishments, non-compliance with its provisions—such as failure to appoint qualified members or neglecting training requirements—can attract legal consequences, including judicial review, departmental action, or quashing of appointments if found illegal or arbitrary, as supported by judicial pronouncements emphasizing adherence to statutory mandates.
"Special Legislation" - Section 4 embodies the principle of special law for juveniles, emphasizing the need for specialized personnel and procedures distinct from general courts, aligning with the doctrine that "special law prevails over general law" [A. M. VS State].
"Constitutional Mandate" - The composition and training of the Juvenile Justice Board are mandated under the Act to protect the fundamental rights of children and ensure their best interest, in consonance with constitutional provisions under Articles 14 and 39 [A. M. VS State].
"Expertise Requirement" - Appointment of members with training in child psychology or welfare is essential for child-sensitive justice delivery; failure in this regard can lead to orders being set aside for non-compliance with statutory prerequisites [A. M. VS State].
"Training and Capacity Building" - The Act recognizes that formal training programs are crucial for sensitizing members to child rights and welfare, which is vital for effective juvenile justice administration and avoiding arbitrariness [A. M. VS State].
"Uniformity and Standardization" - Section 4 ensures uniform standards in the constitution of JJBs across districts, preventing regional disparities and ensuring that juveniles are dealt with by competent and trained authorities [A. M. VS State].
"Judicial Oversight" - Courts have the power to scrutinize appointments and functioning of JJBs, and failure to comply with the prescribed qualifications and procedures can lead to quashing of orders or appointments, reinforcing the importance of adherence to statutory standards [A. M. VS State].
"International and Constitutional Alignment" - The section aligns with international treaties like the UN Convention on the Rights of the Child and constitutional principles, emphasizing child's right to protection, care, and rehabilitation through qualified and trained personnel [A. M. VS State].
"Preventing Arbitrary Decisions" - Proper scrutiny of credentials and mandatory training serve as safeguards against arbitrary or biased decisions in juvenile cases, ensuring fairness and objectivity [A. M. VS State].
"Legal Validity of Appointments" - The requirement of qualification and training is a condition for the legality of appointment; appointments made without compliance can be challenged and set aside, as per judicial pronouncements [A. M. VS State].
"Role of the Judiciary" - Courts are empowered to intervene if the composition or functioning of the JJB violates the provisions of Section 4, ensuring that juvenile justice remains sensitive, fair, and in line with legal standards [A. M. VS State].
"Rehabilitation-Centric Approach" - The emphasis on trained personnel reflects the Act's overarching goal of rehabilitating children in conflict with law, rather than punitive measures, aligning with the philosophy of juvenile justice [A. M. VS State].
"Legal Certainty and Clarity" - Section 4 provides clear legal standards for the appointment and functioning of the Board, reducing ambiguity and ensuring transparency in juvenile justice processes [A. M. VS State].
"Remedial Measures for Non-Compliance" - In cases of illegal appointment or inadequate training, courts have the authority to quash proceedings or orders, thereby safeguarding the child's rights and ensuring compliance with statutory mandates [A. M. VS State].
"Training as a Mandatory Requirement" - The Act mandates that members must undergo formal training; neglecting this can lead to legal invalidity of proceedings or appointments, emphasizing the importance of capacity enhancement [A. M. VS State].
"Child-Centric Approach" - The constitution of the Board as per Section 4 aims to ensure that children are dealt with by empathetic, trained, and qualified personnel, promoting their best interest and social reintegration [A. M. VS State].
"Legal Precedents" - Judicial decisions have underscored that adherence to the prescribed qualifications and training under Section 4 is mandatory; failure to do so can be grounds for judicial review or setting aside of orders [A. M. VS State].
"International Best Practices" - The emphasis on training and specialized knowledge aligns with international standards of juvenile justice, emphasizing rehabilitation, protection, and child rights [A. M. VS State].
Section 4 of the Juvenile Justice (Care and Protection of Children) Act, 2015, is a cornerstone provision ensuring that juvenile justice is administered by competent, trained, and specialized personnel. Its strict adherence is essential for upholding the rights of children, promoting social reintegration, and ensuring that justice is both fair and sensitive to the unique needs of minors. Judicial oversight and compliance with the statutory requirements under Section 4 are vital to uphold the constitutional and international commitments towards child protection and juvenile reform.
Note: The references are primarily drawn from the provided sources, especially the detailed analysis in source [A. M. VS State], which discusses the constitution, appointment, and training of Juvenile Justice Board members.
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.
(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.
(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 atleast 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
(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.
(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 Juvenile Justice (Care and Protection of Children) Act, 2015, represents a significant reform in the legal framework governing children in conflict with the law and those in need of care and protection. Section 8 specifically delineates the powers, functions, and responsibilities of the Juvenile Justice Board (JJB), which is central to the administration of juvenile justice in India.
Section 8 of the Act outlines the exclusive jurisdiction of the Juvenile Justice Board over cases involving children in conflict with the law. It empowers the Board to handle all proceedings related to such children within its jurisdiction, ensuring that the legal process is tailored to the needs and rights of minors.
The scope of Section 8 extends to all proceedings involving children alleged to have committed offenses, ensuring that the legal framework is sensitive to the developmental needs of minors. It also allows for the transfer of cases to the Child Welfare Committee (CWC) when necessary.
While Section 8 itself does not prescribe punishments, it establishes the framework within which the JJB operates, including the potential for rehabilitation and reform rather than punitive measures.
This commentary highlights the critical aspects of Section 8 of the Juvenile Justice (Care and Protection of Children) Act, 2015, emphasizing its role in shaping a more humane and effective juvenile justice system in India.
(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:
(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 pro
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.
(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, [2 of 1974] 1973 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 su
The Juvenile Justice (Care and Protection of Children) Act, 2015, aims to provide a comprehensive framework for the care, protection, and rehabilitation of children in conflict with the law. Section 12 specifically addresses the conditions under which a juvenile may be granted bail, emphasizing the principle that bail should be the norm rather than detention.
Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, stipulates that any person who is apparently a child and is accused of a bailable or non-bailable offense shall be released on bail unless there are reasonable grounds to believe that their release would:1. Bring them into association with known criminals.2. Expose them to moral, physical, or psychological danger.3. Defeat the ends of justice.
The scope of Section 12 extends to all juveniles accused of any offense, regardless of the nature of the crime. It emphasizes rehabilitation over punishment, aligning with the broader objectives of the Juvenile Justice Act.
Section 12 does not prescribe punishment; rather, it outlines the procedural rights of juveniles concerning bail. The focus is on ensuring that juveniles are treated fairly and given opportunities for rehabilitation.
This commentary highlights the importance of Section 12 in promoting the rights and welfare of juveniles in conflict with the law, ensuring that their treatment aligns with the principles of justice and rehabilitation.
(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
(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.
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(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.
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Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015, deals with the crucial process of preliminary assessment of a juvenile in conflict with law, especially in cases involving heinous or serious offences. It aims to ensure that children are treated in accordance with their age, mental capacity, and circumstances, balancing the objectives of justice, rehabilitation, and protection of their rights.
Section 15 mandates that in cases where a juvenile above 16 years (but below 18 years) is accused of a heinous offence, the Juvenile Justice Board (JJB) shall conduct a preliminary assessment to evaluate:- The juvenile’s mental and physical capacity to commit the offence.- The juvenile’s ability to understand the consequences of the offence.- The circumstances under which the offence was committed.
This assessment must be completed within a specified period, generally three months, and based on the findings, the juvenile may either be tried as an adult or as a juvenile in conflict with law. The section emphasizes that this process is not a trial but an inquiry to guide subsequent proceedings.
Section 15 of the Juvenile Justice Act, 2015, underscores the importance of timely, fair, and expert-assisted assessment of juveniles accused of heinous offences. Its primary objective is to uphold the best interests of the child, ensuring that the juvenile’s mental and physical capacity, understanding, and circumstances are thoroughly evaluated before subjecting them to trial as an adult. Non-compliance with these procedural mandates can lead to violation of rights, invalidity of proceedings, and miscarriage of justice. Courts and authorities must strictly adhere to the statutory framework, guided by judicial pronouncements such as Barun Chandra Thakur and subsequent Supreme Court directives, to achieve a balanced approach between justice and juvenile protection.
Note: The references are based on the provided sources and judicial interpretations emphasizing the mandatory nature of assessment, expert involvement, and procedural safeguards under Section 15.
(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
(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.
(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 und
The Juvenile Justice (Care and Protection of Children) Act, 2015, represents a significant shift in India's approach to juvenile justice, emphasizing rehabilitation over punishment. Section 18 specifically addresses the circumstances under which a juvenile may be tried as an adult, reflecting the balance between accountability and the recognition of a child's potential for reform.
Section 18 outlines the procedures for dealing with children in conflict with the law. It allows for the transfer of a juvenile's case to a Children's Court if the Juvenile Justice Board determines that the child should be tried as an adult, particularly in cases involving heinous offenses.
The scope of Section 18 is limited to cases where the juvenile is above 16 years of age and has committed a serious or heinous offense. It provides a framework for assessing the juvenile's mental and physical capacity to understand the consequences of their actions.
While Section 18 does not prescribe specific punishments, it allows for the transfer of cases to the Children's Court, where the juvenile may face adult penalties, albeit with the understanding that they cannot be sentenced to death or life imprisonment without the possibility of release.
This commentary highlights the critical aspects of Section 18 of the Juvenile Justice (Care and Protection of Children) Act, 2015, and the legal principles that govern the treatment of juveniles in conflict with the law.
(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, [2 of 1974] 1973 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 chi
Section 19 of the Juvenile Justice (Care and Protection of Children) Act, 2015, delineates the powers and procedural mandates of the Children’s Court concerning children in conflict with law, especially in cases where preliminary assessments indicate the need to try a juvenile as an adult. It aims to balance the rehabilitative philosophy of juvenile justice with the requirements of justice in serious offences.
Section 19 empowers the Children’s Court, upon receipt of a preliminary assessment report from the Juvenile Justice Board under Section 15, to decide whether the child should be tried as an adult or as a juvenile. It mandates that the Court:- Make an explicit decision after hearing the child and considering the report.- Follow prescribed procedures for either trial as an adult or juvenile.- Ensure the child's safety, dignity, and rehabilitation.- Send the child to a place of safety till age 21 if tried as a juvenile.
Section 19 applies to children above 16 years accused of heinous or serious offences. It provides a dual pathway:- Trial as an adult, if deemed appropriate.- Trial as a juvenile, with an inquiry and care plan.It emphasizes the mandatory nature of the Court’s decision, ensuring adherence to procedural safeguards and protecting the child's rights.
The Act does not prescribe punishment under Section 19 itself but governs the procedure for trial and treatment of children. If tried as an adult, the child is subject to the same penalties as an adult, but with safeguards such as sentry to safety till age 21 and rehabilitative services.
Mandatory nature of inquiry - The use of "shall" in Section 19(1) signifies that the Children’s Court is legally bound to decide whether the child should be tried as an adult after assessing the preliminary report [Ajeet Gurjar VS State Of Madhya Pradesh].
Procedure not a mere formality - The Court's inquiry under clause (i) of Section 19(1) is a substantive requirement, not a procedural formality, and must be conducted with due diligence [Ajeet Gurjar VS State Of Madhya Pradesh].
Order under Section 18(3) is not final - The order passed under Section 18(3), based on preliminary assessment, is not a final adjudication; further inquiry under Section 19(1) is mandatory [Ajeet Gurjar VS State Of Madhya Pradesh].
Role of the Children’s Court - The Court is obliged to record reasons for its decision, ensuring transparency and accountability in determining whether trial as an adult is necessary [CCL LK @ LKP VS State].
Trial procedure if tried as adult - If the Court decides to try the juvenile as an adult, proceedings should follow the procedure under Chapter XVIII of the Cr.P.C., i.e., warrant case trials, with due regard to the child's age and rights [CCL LK @ LKP VS State].
Mandatory order for trial as adult or juvenile - The Court cannot bypass the mandatory inquiry; it must explicitly decide and record whether the child is to be tried as an adult, following Rule 13 of the Juvenile Justice Model Rules, 2016 [Ajeet Gurjar VS State Of Madhya Pradesh].
Appeal and judicial review - Orders passed under Section 19 are appealable under Section 101(5) of the Act; the appellate court reviews whether the Court followed the mandatory procedures, including the reasons recorded [CCL LK @ LKP VS State].
Impact of failure to follow procedures - Non-compliance with Section 19(1) procedures, such as not recording reasons or not conducting an inquiry, renders the trial irregular but curable unless prejudice is demonstrated [CCL LK @ LKP VS State].
Trial as adult is not automatic - The decision to try a juvenile as an adult is not automatic; it depends on the Court’s independent assessment after receiving the report, and the Court must consider the child's best interests [Sobhnath Bhogta @ Somnath Pradhan VS State of Jharkhand].
Reformative approach mandated - Even when tried as an adult, the Act mandates the provision of reformative services, including education, skill development, and psychological support, till the child attains 21 years .
Order for trial as adult must be reasoned - The Court must specify reasons based on the child's mental capacity, age, and the nature of the offence, aligning with the principles of juvenile justice [Sobhnath Bhogta @ Somnath Pradhan VS State of Jharkhand].
Preliminary assessment is not a trial - The assessment under Section 15 is an investigative step, not a trial; its purpose is to evaluate mental and physical capacity, not to determine guilt [Sobhnath Bhogta @ Somnath Pradhan VS State of Jharkhand].
Trial as adult for heinous offences - For offences punishable with minimum imprisonment of seven years or more, the Court must carefully consider whether to try as an adult, with the threshold being the minimum punishment prescribed by law .
Children’s safety till age 21 - Section 19(3) mandates that children tried as adults are to be kept in safe custody until they turn 21, emphasizing rehabilitation over punishment .
Mandatory compliance with Rules - The Court must comply with Rules 13(1) and 13(6) of the Juvenile Justice Model Rules, 2016, which prescribe the procedure for decision-making under Section 19 [Ajeet Gurjar VS State Of Madhya Pradesh].
Legal obligation to decide - The Court's failure to decide whether to try as an adult or not, after receiving the report, constitutes an irregularity that can be rectified on appeal or review [CCL LK @ LKP VS State].
Trial as adult under Cr.P.C. - The trial of a juvenile as an adult involves application of Chapter XVIII of the Cr.P.C., with adaptations to ensure child's rights and rehabilitative needs are maintained [Sobhnath Bhogta @ Somnath Pradhan VS State of Jharkhand].
Legislative intent - The provisions aim to protect the child's future, ensuring that the trial process is fair, transparent, and aligned with the rehabilitative philosophy, especially in cases of serious offences [Sobhnath Bhogta @ Somnath Pradhan VS State of Jharkhand].
Section 19 of the Juvenile Justice Act, 2015, enshrines the mandatory duty of the Children’s Court to decide, based on the report and inquiry, whether a juvenile should be tried as an adult. It underscores the importance of procedural compliance, reasons recording, and safeguarding the child's rights. The Court's decision significantly impacts the child's future and must be made with utmost care, aligning with the Act’s rehabilitative ethos.
(1) When the child in conflict with the law attains the age of twenty-one years and is yet to complete the term of stay, the Children's Court shall provide for a follow up by the probation officer or the District Child Protection Unit or a social worker or by itself, as required, to evaluate if such child has undergone reformative changes and if the child can be a contributing member of the society and for this purpose the progress records of the child under sub-section (4) of section 19, along with evaluation of relevant experts are to be taken into consideration.
(2) After the completion of the procedure specified under sub-section (1), the Children's Court may-
(i) decide to release the child on such conditions as it deems fit which includes appointment of a monitoring authority for the remainder of the prescribed term of stay;
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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 21 of the Juvenile Justice (Care and Protection of Children) Act, 2015 represents a cornerstone of Indian juvenile jurisprudence, explicitly codifying the reformatoreインスタンス philosophy. Unlike adult criminal law, which focuses on retribution and prevention, this section imposes an absolute embargo on punitive sentences such as the death penalty or life imprisonment without the possibility of release. The legislature's intent is to treat children not merely as offenders but as delinquent yet reparable beings whose future rehabilitation takes precedence over immediate societal retribution [2].
Section 21 mandates that no child in conflict with law shall be sentenced to death or to life imprisonment without the possibility of release. This provision applies to all offenses committed by a child, whether under the JJ Act, the Indian Penal Code (IPC), or any other law in force. Crucially, it nullifies orders for life imprisonment without parole that might be passed under other statutes, ensuring that every juvenile institutionalized under the Act retains the inherent right to eventual freedom [Dhurandhar Singh VS State of U. P. ].
To invoke the protection of Section 21, the following elements must be established:1. Subject Status: The accused must be classified as a "child in conflict with law," defined as an individual who has not completed their 18th birthday on the date of the commission of the offense [Dhurandhar Singh VS State of U. P. ].2. Nature of Sentence: The argument typically arises when a juvenile is convicted of a heinous offense and the sentencing court considers imposing life imprisonment without the possibility of release (a sentence permissible in certain contexts for adults) or the death penalty [State Of Bihar VS Taslim (Name Changed)].3. Event Scenario: The offending act committed must have occurred while the person was below the age of 18 years. The law operates retrospectively if a juvenile claims to have been a major at the time of trial but was a minor at the time of the crime [Vinod Katara VS State of Uttar Pradesh].
It is important to clarify that no punishment is inflicted under Section 21 itself. Instead, Section 21 functions as a negative command or a shield:* It precludes the court from passing the order for death or life imprisonment without release.* When Section 21 is triggered, the matter is remitted to the Juvenile Justice Board to determine an appropriate sentence, which usually involves a fine, probation, or sending the child to a special home for a period not exceeding three years [Baljindra Singh VS State of Rajasthan].* If an adult court erroneously sentences a juvenile to life imprisonment without release, such an order is liable to be set aside [State Of Bihar VS Taslim (Name Changed)].
Notwithstanding anything to the contrary contained in the Code of Criminal Procedure, [2 of 1974] 1973, 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 22 of the Juvenile Justice (Care and Protection of Children) Act, 2015, addresses the applicability of Chapter VIII of the Code of Criminal Procedure (Cr.P.C.) concerning proceedings against children in conflict with law. It aims to delineate the scope of juvenile justice provisions, ensuring that children are not subjected to certain criminal procedures designed for adults, thereby safeguarding their rights and ensuring age-appropriate treatment.
Section 22 explicitly states that proceedings under Chapter VIII of the Cr.P.C., which pertains to certain preventive measures and procedures, shall not apply against a child in conflict with law. It emphasizes that the juvenile justice system provides a specialized framework, and the general criminal procedures, especially those involving preventive detention or other measures under Chapter VIII, are not applicable to children in conflict with law.
Section 22 itself does not prescribe any punishment. Its purpose is to restrict certain procedural applications against children in conflict with law, thereby safeguarding their rights. Any violation of this provision may lead to legal consequences, including quashing of proceedings or orders that violate the mandate, but specific penalties are not provided under Section 22.
This concise commentary underscores the importance of Section 22 in safeguarding the rights and dignity of children in conflict with law by restricting the application of general criminal procedures, thereby reinforcing the specialized juvenile justice framework.
(1) Notwithstanding anything contained in section 223 of the Code of Criminal Procedure, [2 of 1974] 1973 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.
(1) Notwithstanding anything contained in any other law for the time being in force, a child who has committed an offence and has been dealt with under the provisions of this Act shall not suffer disqualification, if any, attached to a conviction of an offence under such law:
Provided that in case of a child who has completed or is above the age of sixteen years and is found to be in conflict with law by the Children's Court under clause (i) of sub-section (1) of section 19, the provisions of sub-section (1) shall not apply.
(2) The Board shall make an order directing the Police, or by the Children's court to its own registry that the relevant records of such conviction shall be destroyed after the expiry of the period of appeal or, as the case may be, a reasonable period as may be prescribed:
Section 24 of the Juvenile Justice (Care and Protection of Children) Act, 2015, embodies the legislative intent to protect juveniles in conflict with the law from lifelong stigma and disqualification arising from past offences, ensuring their social reintegration and rights to equality. It aligns with international conventions and progressive jurisprudence emphasizing the rehabilitative approach over punitive stigma.
Section 24 stipulates that a child who has committed an offence and has been dealt with under the provisions of the Act shall not suffer disqualification, including in employment or other rights, due to any conviction. It mandates the destruction of relevant records of such convictions after the expiry of the appeal period, except in cases of heinous offences where records are retained but with safeguards.
While Section 24 itself does not prescribe punishments, contravention can lead to judicial scrutiny, and authorities failing to comply with its provisions may be subject to judicial review or contempt proceedings for violation of constitutional rights and statutory mandates.
In conclusion, Section 24 of the Juvenile Justice (Care and Protection of Children) Act, 2015, embodies the progressive, reformative ethos of juvenile justice, ensuring that past offences do not serve as lifelong barriers, thereby upholding the fundamental rights of juveniles and aligning domestic law with international standards.
Notwithstanding anything contained in this Act, all proceedings in respect of a child alleged or found to be in conflict with law pending before any Board or court on the date of commencement of this Act, shall be continued in that Board or court as if this Act had not been enacted.
(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 f
(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 atleast 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.
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(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.
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(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.
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 reh
(1) Any child in need of care and protection may be produced before the Committee by any of the following persons, namely:-
(i) any police officer or special juvenile police unit or a designated Child Welfare Police Officer or any officer of District Child Protection Unit or inspector appointed under any labour law for the time being in force;
(ii) any public servant;
(iii) Child line Services or any voluntary or non-governmental organisation or any agency as may be recognised by the State Government;
(iv) Child Welfare Officer or probation officer;
(v) any social worker or a public spirited citizen;
(vi) by the child himself; or
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(1) Any individual or a police officer or any functionary of any organisation or a nursing home or hospital or 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 twenty-four hours (excluding the time necessary for the journey), give information to the Child line Services or the nearest police 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, as the case may be.
(2) The information regarding a child referred to in sub-section (1) shall be mandatorily uploaded on a portal as may be specified by the Central Government or the Committee or the District Child Protection Unit or the child care institution, as the case may
If information regarding a child as required under section 32 is not given within the period specified in the said section, then, such act shall be regarded as an offence.
Any person who has committed an offence under section 33 shall be liable to imprisonment up to six months or fine of ten thousand rupees or both.
(1) 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.
(2) If, after prescribed process of inquiry and counselling, the Committee is satisfied, a surrender deed shall be executed by the parent or guardian, as the case may be, before the Committee.
(3) The parents or guardian who surrendered the child, 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 or guardian under supervision, or place the child in a Specialised Adoption Agency, if he or she is below six years of age, or a children's home if he is above six years.
Section 35 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act, 2015) deals with the surrender of children by parents or guardians and the procedures for such surrender, including the criteria for custody and the responsibilities of authorities. This section underscores the importance of safeguarding the child's welfare and ensuring proper legal procedures are followed when a child is surrendered for care or adoption.
In conclusion, Section 35 of the Juvenile Justice Act, 2015, provides a comprehensive framework to regulate the surrender of children, safeguarding their rights and ensuring proper procedural compliance. It emphasizes the child's best interests, procedural fairness, and the role of the Child Welfare Committee, aligning with constitutional and international standards for child protection.
(1) On production of a child or receipt of a report under section 31, the Committee shall hold an inquiry in such manner as may be prescribed and the Committee, on its own or on the report from any person or agency as specified in sub-section (2) of section 31, 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:
Provided that all children below six years of age, who are orphan, surrendered or appear to be abandoned shall be placed in a Specialised Adoption Agency, where available.
(2) The social investigation shall be completed within fifteen days so as to enable the Committee to pass final order within four months of first production of the child:
(1) The Committee on being satisfied through the inquiry that the child before the Committee is a child in need of care and protection, may, on consideration of Social Investigation Report submitted by Child Welfare Officer and taking into account the child's wishes in case the child is sufficiently mature to take a view, pass one or more of the following orders, namely:-
(a) declaration that a child is in need of care and protection;
(b) restoration of the child to parents or guardian or family with or without supervision of Child Welfare Officer or designated social worker;
(c) placement of the child in Children's Home or fit facility or Specialised Adoption Agency for the purpose of adoption for long term or temporary care, keeping in mind the capacity of the institution for housing such ch
(1) In case of orphan and 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:
Provided that such declaration shall be made within a period of two months from the date of production of the child, for children who are up to two years of age and within four months for children above two years of age:
Provided further that notwithstanding anything contained in this regard in any other law for the time being in force, no first information report shall be registered against any biological parent in the process of inquiry relating to an abandoned or surrendered child under this Act.
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(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
Section 39 of the Juvenile Justice (Care and Protection of Children) Act, 2015, emphasizes the importance of rehabilitation and social integration of children in conflict with law or in need of care and protection. It underscores the state's obligation to ensure holistic development, dignity, and rights of children through a structured process of individual care planning and support systems.
Section 39 mandates that the process of rehabilitation and social integration of children shall be undertaken based on an individual care plan. This plan should be tailored to the child's specific needs, circumstances, and potential, aiming to reintegrate the child into society in a constructive and non-stigmatizing manner. The section also provides for grants-in-aid to recognized organizations involved in child rehabilitation.
Section 39 does not prescribe punitive measures but emphasizes proactive rehabilitation. Any failure to implement or adhere to the individual care plan may attract administrative or legal scrutiny, but the primary focus remains on social reintegration rather than punishment.
Section 39 of the Juvenile Justice (Care and Protection of Children) Act, 2015, represents a paradigm shift towards a child-centric, rehabilitative approach. It underscores the state's obligation to formulate individualized care plans, promote social reintegration, and ensure the holistic development of children in conflict with law or in need of care and protection. Its effective implementation is crucial for fulfilling constitutional mandates and international commitments towards children's rights and welfare.
(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 pro
(1) Notwithstanding anything contained in any other law for the time being in force, all institutions, whether run by a State Government or by voluntary or non-governmental organisations, which are meant, either wholly or partially, for housing children in need of care and protection or children in conflict with law, shall, be registered under this Act in such manner as may be prescribed, within a period of six months from the date of commencement of this Act, regardless of whether they are receiving grants from the Central Government or, as the case may be, the State Government or not:
Provided that the institutions having valid registration under the Juvenile Justice (Care and Protection of Children) Act, [56 of 2000] 2000 on the date of commencement of this Act shall be deemed to have been registered under this Act.
(2) At the time of
Any person, or persons, in-charge of an institution housing children in need of care and protection and children in conflict with law, who fails to comply with the provisions of sub-section (1) of section 41, shall be punished with imprisonment which may extend to one year or a fine of not less than one lakh rupees or both:
Provided that every thirty days delay in applying for registration shall be considered as a separate offence.
(1) The State Government may establish and maintain, by itself or through voluntary or non-governmental organisations, as many open shelters as may be required, and such open shelters shall be registered as such, in the manner as may be prescribed.
(2) The open shelters referred to in sub-section (1) shall function as a community based facility for children in need of residential support, on short term basis, with the objective of protecting them from abuse or weaning them, or keeping them, away from a life on the streets.
(3) The open shelters shall send every month information, in the manner as may be prescribed, regarding children availing the services of the shelter, to the District Child Protection Unit and the Committee.
(1) The children in need of care and protection may be placed in foster care, including group foster care for their care and protection through orders of the Committee, after following the procedure as may be prescribed in this regard, in a family which does not include the child's biological or adoptive parents or in an unrelated family recognised as suitable for the purpose by the State Government, for a short or extended period of time.
(2) The selection of the foster family shall be based on family's ability, intent, capacity and prior experience of taking care of children.
(3) All efforts shall be made to keep siblings together in foster families, unless it is in their best interest not to be kept together.
(4) The State Government, after taking into account the number of children, shall
(1) The State Government shall make rules for the purpose of undertaking various programmes of sponsorship of children, such as individual to individual sponsorship, group sponsorship or community sponsorship.
(2) The criteria for sponsorship shall include,-
(i) where mother is a widow or divorced or abandoned by family;
(ii) where children are orphan and are living with the extended family;
(iii) where parents are victims of life threatening disease;
(iv) where parents are incapacitated due to accident and unable to take care of children both financially and physically.
(3) The duration of sponsorship shall be such as may be prescribed.
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Any child leaving a child care institution on completion of eighteen years of age may be provided with financial support in order to facilitate child's re-integration into the mainstream of the society in the manner as may be prescribed.
(1) The State Government shall establish and maintain in every district or a group of districts, either by itself, or through voluntary or non-governmental organisations, observation homes, which shall be registered under section 41 of this Act, for temporary reception, care and rehabilitation of any child alleged to be in conflict with law, during the pendency of any inquiry under this Act.
(2) Where the State Government is of the opinion that any registered institution other than a home established or maintained under sub-section (1), is fit for the temporary reception of such child alleged to be in conflict with law during the pendency of any inquiry under this Act, it may register such institution as an observation home for the purposes of this Act.
(3) The State Government may, by rules made under this Act, provide for the managemen
(1) The State Government may establish and maintain either by itself or through voluntary or non-governmental organisations, special homes, which shall be registered as such, in the manner as may be prescribed, in every district or a group of districts, as may be required for rehabilitation of those children in conflict with law who are found to have committed an offence and who are placed there by an order of the Juvenile Justice Board made under section 18.
(2) The State Government may, by rules, provide for the management and monitoring of special homes, including the standards and various types of services to be provided by them which are necessary for social re-integration of a child, and the circumstances under which, and the manner in which, the registration of a special home may be granted or withdrawn.
(3) The rules made under s
(1) The State Government shall set up atleast one place of safety in a State registered under section 41, so as to place a person above the age of eighteen years or child in conflict with law, who is between the age of sixteen to eighteen years and is accused of or convicted for committing a heinous offence.
(2) Every place of safety shall have separate arrangement and facilities for stay of such children or persons during the process of inquiry and children or persons convicted of committing an offence.
(3) The State Government may, by rules, prescribe the types of places that can be designated as place of safety under sub-section (1) and the facilities and services that may be provided therein.
(1) The State Government may establish and maintain, in every district or group of districts, either by itself or through voluntary or non-governmental organisations, Children's Homes, which shall be registered as such, for the placement of children in need of care and protection for their care, treatment, education, training, development and rehabilitation.
(2) The State Government shall designate any Children's Home as a home fit for children with special needs delivering specialised services, depending on requirement.
(3) The State Government may, by rules, provide for the 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.
(1) The 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 to be 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 in such manner as may be prescribed.
(2) The Board or the Committee may withdraw the recognition under sub-section (1) for reasons to be recorded in writing.
(1) The Board or the Committee shall, after due verification of credentials, recognise any person fit to temporarily receive a child for care, protection and treatment of such child for a specified period and in the manner as may be prescribed.
(2) The Board or Committee, as the case may be, may withdraw the recognition granted under sub-section (1) for reasons to be recorded in writing.
(1) The services that shall be provided, by the institutions registered under this Act in the process of rehabilitation and re-integration of children, shall be in such manner as may be prescribed, which may include-
(i) basic requirements such as food, shelter, clothing and medical attention as per the prescribed standards;
(ii) equipment such as wheel-chairs, prosthetic devices, hearing aids, Braille kits, or any other suitable aids and appliances as required, for children with special needs;
(iii) appropriate education, including supplementary education, special education, and appropriate education for children with special needs:
Provided that for children between the age of six to fourteen years, the provisions of the Right of Children to Free
(1) The State Government shall appoint inspection committees for the State and district, as the case may be, for all institutions registered or recognised to be fit under this Act for such period and for such purposes, as may be prescribed.
(2) Such inspection committees shall mandatorily conduct visits to all facilities housing children in the area allocated, at least once in three months in a team of not less than three members, of whom at least one shall be a woman and one shall be a medical officer, and submit reports of the findings of such visits within a week of their visit, to the District Child Protection Units or State Government, as the case may be, for further action.
(3) On the submission of the report by the inspection committee within a week of the inspection, appropriate action shall be taken within a month by the Distric
(1) The 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, at such period and through such persons or institutions as may be prescribed by that Government.
(2) In case such independent evaluation is conducted by both the Governments, the evaluation made by the Central Government shall prevail.
(1) Adoption shall be resorted to for ensuring right to family for the orphan, abandoned and surrendered children, as per the provisions of this Act, the rules made thereunder and the adoption regulations framed by the Authority.
(2) Adoption of a child from a relative by another relative, irrespective of their religion, can be made as per the provisions of this Act and the adoption regulations framed by the Authority.
(3) Nothing in this Act shall apply to the adoption of children made under the provisions of the Hindu Adoption and Maintenance Act, [78 of 1956] 1956.
(4) All inter-country adoptions shall be done only as per the provisions of this Act and the adoption regulations framed by the Authority.
(5) Any person, who takes or sends a child to
Section 56 of the Juvenile Justice (Care and Protection of Children) Act, 2015, primarily establishes the legal framework and guidelines for the adoption of children in India. It aims to facilitate the child's right to a family environment, ensuring their well-being and protection, while balancing legal safeguards and procedural requirements. The section aligns with international conventions such as the Hague Convention and emphasizes the importance of adhering to prescribed procedures to prevent illegal or improper adoptions.
In summary, Section 56 of the Juvenile Justice (Care and Protection of Children) Act, 2015, provides a comprehensive legal framework for ensuring that adoption processes are transparent, lawful, and in the best interests of the child, while respecting religious and personal laws, and aligning with international conventions. Proper procedural adherence, consent, and safeguarding the child's welfare are central to the law's effective implementation.
**- [Ammu Ajit W/o Santhosh R. V VS Central Adoption Resource Agency]- [Richa Gupta VS Union of India]- [Varshini illam Trust VS Nil]- [Mangli Bai Miri W/o Late Shri Hemlal Miri VS Specialised Adoption Agency Mahasamund]- [Shabnamjahan D/o. Moinuddin Ansari VS State of Maharashtra]- [Abdulkadir Lokhandwala vs Central Adoption Resource Agency]- [Shabnamjahan VS State of Maharashtra]- [Mohammed Habeebulla, 'Habeebina' VS Corporation Of Cochin Represented By Its Secretary]- [R.K. vs Central Adoption Resource Authority]- [Karina Jane Creed VS Union Of India (UOI)]
(1) The prospective adoptive parents shall be physically fit, financially sound, mentally alert and highly motivated to adopt a child for providing a good upbringing to him.
(2) In case of a couple, the consent of both the spouses for the adoption shall be required.
(3) A single or divorced person can also adopt, subject to fulfilment of the criteria and in accordance with the provisions of adoption regulations framed by the Authority.
(4) A single male is not eligible to adopt a girl child.
(5) Any other criteria that may be specified in the adoption regulations framed by the Authority.
(1) Indian prospective adoptive parents living in India, irrespective of their religion, if interested to adopt an orphan or abandoned or surrendered child, may apply for the same to a Specialised Adoption Agency, in the manner as provided in the adoption regulations framed by the Authority.
(2) The Specialised Adoption Agency shall prepare the home study report of the prospective adoptive parents and upon finding them eligible, will refer a child declared legally free for adoption to them along with the child study report and medical report of the child, in the manner as provided in the adoption regulations framed by the Authority.
(3) On the receipt of the acceptance of the child from the prospective adoptive parents along with the child study report and medical report of the child signed by such parents, the Specialised Adoption Agenc
(1) If an orphan or abandoned or surrendered child could not be placed with an Indian or non-resident Indian prospective adoptive parent despite the joint effort of the Specialised Adoption Agency and State Agency within sixty days from the date the child has been declared legally free for adoption, such child shall be free for inter-country adoption:
Provided that children with physical and mental disability, siblings and children above five years of age may be given preference over other children for such inter-country adoption, in accordance with the adoption regulations, as may be framed by the Authority.
(2) An eligible non-resident Indian or overseas citizen of India or persons of Indian origin shall be given priority in inter-country adoption of Indian children.
(3) A non-resident India
(1) A relative living abroad, who intends to adopt a child from his relative in India shall obtain an order from the court and apply for no objection certificate from Authority, in the manner as provided in the adoption regulations framed by the Authority.
(2) The Authority shall on receipt of the order under sub-section (1) and the application from either the biological parents or from the adoptive parents, issue no objection certificate under intimation to the immigration authority of India and of the receiving country of the child.
(3) The adoptive parents shall, after receiving no objection certificate under sub-section (2), receive the child from the biological parents and shall facilitate the contact of the adopted child with his siblings and biological parents from time to time.
(1) Before issuing an adoption order, the court shall satisfy itself that -
(a) the adoption is for the welfare of the child; (b) due consideration is given to the wishes of the child having regard to the age and understanding of the child; and
(c) that neither the prospective adoptive parents has given or agreed to give nor the specialised adoption agency or the parent or guardian of the child in case of relative adoption has received or agreed to receive any payment or reward in consideration of the adoption, except as permitted under the adoption regulations framed by the Authority towards the adoption fees or service charge or child care corpus.
(2) The adoption proceedings shall be held in camera and the case shall be disposed of by the court within a period of two months from the date of
(1) The documentation and other procedural requirements, not expressly provided in this Act with regard to the adoption of an orphan, abandoned and surrendered child by Indian prospective adoptive parents living in India, or by non-resident Indian or overseas citizen of India or person of Indian origin or foreigner prospective adoptive parents, shall be as per the adoption regulations framed by the Authority.
(2) The specialised adoption agency shall ensure that the adoption case of prospective adoptive parents is disposed of within four months from the date of receipt of application and the authorised foreign adoption agency, Authority and State Agency shall track the progress of the adoption case and intervene wherever necessary, so as to ensure that the time line is adhered to.
A child in respect of whom an adoption order is issued by the court, shall become the child of the adoptive parents, and the adoptive parents shall become the parents of the child as if the child had been born to the adoptive parents, for all purposes, including intestacy, with effect from the date on which the adoption order takes effect, and on and from such date all the ties of the child in the family of his or her birth shall stand severed and replaced by those created by the adoption order in the adoptive family:
Provided that any property which has vested in the adopted child immediately before the date on which the adoption order takes effect shall continue to vest in the adopted child subject to the obligations, if any, attached to the ownership of such property including the obligations, if any, to maintain the relatives in the biological family.
The Juvenile Justice (Care and Protection of Children) Act, 2015 aims to provide a comprehensive legal framework for the care, protection, and rehabilitation of children in conflict with the law and those in need of care and protection. Section 63 specifically addresses the legal implications of adoption, establishing the rights and responsibilities that arise once an adoption order is issued by the court.
Section 63 states that once an adoption order is issued by the court, the child becomes the child of the adoptive parents, severing all ties with the biological family. The adoptive parents assume all parental rights and responsibilities as if the child were born to them.
The scope of Section 63 extends to all legal matters concerning the adopted child, including inheritance rights and parental responsibilities. It ensures that the adopted child is treated equally under the law as a biological child.
While Section 63 itself does not prescribe punishment, it establishes the legal framework for adoption, which, if violated, could lead to legal consequences under other relevant sections of the Juvenile Justice Act or related laws.
Adoption Finality - Section 63 establishes that adoption is final upon the issuance of the court order, ensuring stability for the child in the adoptive family. - [ "Bhola Prasad VS State Election Commission Bihar"]
Severance of Biological Ties - The section clearly states that all ties with the biological family are severed, which is crucial for the legal clarity of the adoptive relationship. - [ "Bhola Prasad VS State Election Commission Bihar"]
Intestacy Rights - Adopted children gain intestacy rights as if they were biological children, which is significant for inheritance matters. - [ "Bhola Prasad VS State Election Commission Bihar"]
Legal Equality - The section promotes legal equality by treating adopted children the same as biological children in all legal respects. - [ "Bhola Prasad VS State Election Commission Bihar"]
Best Interests of the Child - The provision aligns with the principle of the best interests of the child, ensuring that adopted children receive the same rights and protections. - [ "Mangli Bai Miri W/o Late Shri Hemlal Miri VS Specialised Adoption Agency Mahasamund"]
Adoption Process - The section underscores the importance of a formal adoption process, which is essential for the legal recognition of the adoptive relationship. - [ "Mangli Bai Miri W/o Late Shri Hemlal Miri VS Specialised Adoption Agency Mahasamund"]
Protection Against Arbitrary Decisions - The severance of ties protects adopted children from arbitrary decisions by biological parents post-adoption. - [ "Mangli Bai Miri W/o Late Shri Hemlal Miri VS Specialised Adoption Agency Mahasamund"]
Judicial Oversight - The requirement for a court order ensures judicial oversight in the adoption process, safeguarding the child's welfare. - [ "Mangli Bai Miri W/o Late Shri Hemlal Miri VS Specialised Adoption Agency Mahasamund"]
Rights of Adoptive Parents - Adoptive parents are granted full rights and responsibilities, which is vital for the child's upbringing and welfare. - [ "Bhola Prasad VS State Election Commission Bihar"]
Continuity of Property Rights - The section allows for the continuity of property rights vested in the child before adoption, ensuring that the child's financial interests are protected. - [ "Bhola Prasad VS State Election Commission Bihar"]
Legal Framework for Adoption - Section 63 provides a clear legal framework for adoption, which is essential for the functioning of the juvenile justice system. - [ "Mangli Bai Miri W/o Late Shri Hemlal Miri VS Specialised Adoption Agency Mahasamund"]
Child's Best Interests - The focus on the child's best interests in adoption matters is a fundamental principle of the Juvenile Justice Act. - [ "Mangli Bai Miri W/o Late Shri Hemlal Miri VS Specialised Adoption Agency Mahasamund"]
Adoption as a Permanent Solution - The section reinforces the notion that adoption is a permanent solution for children in need of care and protection. - [ "Mangli Bai Miri W/o Late Shri Hemlal Miri VS Specialised Adoption Agency Mahasamund"]
Implications for Biological Parents - The severance of ties has significant implications for biological parents, who lose all legal rights over the child post-adoption. - [ "Bhola Prasad VS State Election Commission Bihar"]
Legal Clarity - By defining the effects of adoption clearly, Section 63 reduces ambiguity in legal proceedings involving adopted children. - [ "Bhola Prasad VS State Election Commission Bihar"]
Child Welfare Focus - The section reflects a strong focus on child welfare, ensuring that adopted children are placed in nurturing environments. - [ "Mangli Bai Miri W/o Late Shri Hemlal Miri VS Specialised Adoption Agency Mahasamund"]
Judicial Responsibility - The court's role in issuing adoption orders emphasizes the importance of judicial responsibility in protecting children's rights. - [ "Mangli Bai Miri W/o Late Shri Hemlal Miri VS Specialised Adoption Agency Mahasamund"]
Adoption Regulations Compliance - The section aligns with the Adoption Regulations, ensuring that all adoptions comply with established legal standards. - [ "Mangli Bai Miri W/o Late Shri Hemlal Miri VS Specialised Adoption Agency Mahasamund"]
Social Integration - By facilitating adoption, Section 63 promotes the social integration of children who may otherwise remain in institutional care. - [ "Mangli Bai Miri W/o Late Shri Hemlal Miri VS Specialised Adoption Agency Mahasamund"]
Long-term Stability - The legal finality of adoption contributes to long-term stability for children, which is crucial for their development. - [ "Mangli Bai Miri W/o Late Shri Hemlal Miri VS Specialised Adoption Agency Mahasamund"]
Notwithstanding anything contained in any other law for the time being in force, information regarding all adoption orders issued by the concerned courts, shall be forwarded to Authority on monthly basis in the manner as provided in the adoption regulations framed by the Authority, so as to enable Authority to maintain the data on adoption.
(1) The State Government shall recognise one or more institutions or organisations in each district as a Specialised Adoption Agency, in such manner as may be provided in the adoption regulations framed by the Authority, for the rehabilitation of orphan, abandoned or surrendered children, through adoption and non-institutional care.
(2) The State Agency shall furnish the name, address and contact details of the Specialised Adoption Agencies along with copies of certificate or letter of recognition or renewal to Authority, as soon as the recognition or renewal is granted to such agencies.
(3) The State Government shall get every Specialised Adoption Agency inspected at least once in a year and take necessary remedial measures, if required.
(4) In case any Specialised Adoption Agency is in defau
(1) All the institutions registered under this Act, which may not have been recognised as Specialised Adoption Agencies, shall also ensure that all orphan or abandoned or surrendered children under their care are reported, produced and declared legally free for adoption, by the Committee as per the provisions of section 38.
(2) All institutions referred to in sub-section (1) shall develop formal linkages with nearby Specialised Adoption Agency and shall furnish details of the children declared legally free for adoption to that Specialised Adoption Agency along with all relevant records in the manner as may be prescribed, for the placement of such children in adoption.
(3) If any such institution contravenes the provisions of sub-section (1) or sub-section (2), it shall be liable to fine of fifty thousand rupees for each instance to be im
(1) The State Government shall set up a State Adoption Resource Agency for dealing with adoptions and related matters in the State under the guidance of Authority.
(2) The State Agency, wherever already exists, shall be deemed to be set up under this Act.
The Central Adoption Resource Agency existing before the commencement of this Act, shall be deemed to have been constituted as the Central Adoption Resource Authority under this Act to perform the following functions, namely:-
(a) to promote in-country adoptions and to facilitate inter-State adoptions in co-ordination with State Agency;
(b) to regulate inter-country adoptions;
(c) to frame regulations on adoption and related matters from time to time as may be necessary;
(d) to carry out the functions of the Central Authority under the Hague Convention on Protection of Children and Cooperation in respect of Inter-country Adoption;
(e) any other function as may be prescribed.
(1) The Authority shall have a Steering Committee with following members :
(a) Secretary, Ministry of Women and Child Development, Government of India, who shall be the Chairperson-ex officio;
(b) Joint Secretary, Ministry of Women and Child Development, Government of India, dealing with Authority-ex officio;
(c) Joint Secretary, Ministry of Women and Child Development, Government of India, dealing with Finance-ex officio;
(d) one State Adoption Resource Agency and two Specialised Adoption Agencies;
(e) one adoptive parent and one adoptee;
(f) one advocate or a professor having at least ten years of experience in family law;
&nb
(1) For the efficient performance of its functions, Authority shall have the following powers, namely:-
(a) to issue instructions to any Specialised Adoption Agency or a Children Home or any child care institution housing any orphan, abandoned or surrendered child, any State Agency or any authorised foreign adoption agency and such directions shall be complied by such agencies;
(b) recommending to the concerned Government or Authority to take appropriate action against any official or functionary or institution under its administrative control, in case of persistent non-compliance of the instructions issued by it;
(c) forwarding any case of persistent non-compliance of its instructions by any official or functionary or institution to a Magistrate having jurisdiction to try the same and the Mag
(1) The Authority shall submit an annual report to the Central Government in such manner as may be prescribed.
(2) The Central Government shall cause the annual report of Authority to be laid before each House of Parliament.
(1) The Central Government shall, after due appropriation made by Parliament by law in this behalf, pay to the Authority by way of grants such sums of money as the Central Government may think fit for being utilised for performing the functions of Authority under this Act.
(2) The Authority may spend such sums of money as it thinks fit for performing the functions, as prescribed under this Act, and such sums shall be treated as expenditure payable out of the grants referred to in sub-section (1).
(1) The Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of Authority shall be audited by the Comptroller and Auditor-General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Authority to the Comptroller and Auditor-General.
(3) The Comptroller and Auditor-General and any person appointed by him in connection with the audit of the accounts of the Authority under this Act shall, have the same rights and privileges and the Authority in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books,
(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
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 protecti
Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015, addresses the punishment for cruelty to children. This provision is crucial in safeguarding the rights and welfare of minors, ensuring that those in charge of children are held accountable for any form of abuse or neglect.
Section 75 states that any person who has actual charge of or control over a child and commits acts such as assault, abandonment, abuse, exposure, or willful neglect, which may cause unnecessary mental or physical suffering to the child, shall be punishable with imprisonment for a term that may extend to three years, or with a fine, or both. If the offense is committed by someone employed in an organization responsible for the care of the child, the punishment may extend to five years.
The scope of Section 75 is broad, covering various forms of cruelty against children. It applies to individuals in positions of authority or care, including parents, guardians, and employees of child care institutions.
The punishment under Section 75 can vary:- General Offense: Up to three years of imprisonment or a fine, or both.- Offense by Caregivers: If committed by someone employed in a child care organization, the punishment can extend to five years.
(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 tha
Whoever gives, or causes to be given, to any child any intoxicating liquor or any narcotic drug or 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.
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.
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 of the Juvenile Justice (Care and Protection of Children) Act, 2015, addresses the exploitation of children through ostensible engagement and bondage for employment purposes. It aims to prevent child labor and protect children from being kept in conditions akin to slavery, ensuring their rights and safety are upheld under the law.
Section 79 stipulates that:
"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 a fine of one lakh rupees."It further clarifies that "employment" includes selling goods, services, and entertainment in public places for economic gain.
Section 79 applies broadly to acts where a child is kept in conditions resembling bondage under the guise of employment, even if the engagement appears voluntary. It covers:- Child labor in hazardous or non-hazardous occupations- Exploitation through withholding earnings- Use of earnings for personal benefit- Situations where the child's employment is ostensible but amounts to exploitation
Note: The analysis synthesizes the legal provisions, judicial interpretations, and amendments to provide a comprehensive understanding of Section 79, emphasizing the importance of evidence and the evolving legislative landscape concerning child labor and exploitation.
If any person or organisation offers or gives or receives, any orphan, abandoned or surrendered child, for the purpose of adoption without following the provisions or procedures as provided in this Act, such person or organisation shall be punishable with imprisonment of either description for a term which may extend upto three years, or with fine of one lakh rupees, or with both:
Provided in case where the offence is committed by a recognised adoption agency, in addition to the above punishment awarded to the persons in-charge of, and responsible for the conduct of the day-to-day affairs of the adoption agency, the registration of such agency under section 41 and its recognition under section 65 shall also be withdrawn for a minimum period of one year.
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.
Section 81 of the Juvenile Justice (Care and Protection of Children) Act, 2015, addresses the criminal liability associated with the sale and procurement of children, emphasizing the importance of protecting children from trafficking and exploitation. It aligns with international standards to prevent child trafficking and ensures stringent punishment for offenders.
Section 81 criminalizes the sale and procurement of children for any purpose. It stipulates that any person who sells or buys a child shall be punishable with rigorous imprisonment for up to five years and liable to a fine of one lakh rupees. If the offence is committed by a person in actual charge of the child, including employees of hospitals, nursing homes, or maternity homes, the minimum imprisonment shall be three years, extending up to seven years.
In summary, Section 81 of the Juvenile Justice Act, 2015, establishes a clear legal framework for criminalizing the sale and procurement of children, with stringent penalties to act as a deterrent. Its scope encompasses various actors involved in child trafficking, emphasizing the importance of effective enforcement and adherence to international standards for the protection of vulnerable children.
Note: References are drawn from the provided sources, primarily focusing on the legal provisions, judicial interpretations, and enforcement aspects related to Section 81.
(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
(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.
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.
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, [1 of 1996] 1995.
(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.
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.
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.
Any child who commits any offence under this Chapter shall be considered as a child in conflict with law under this Act.
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.
(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.
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.
(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, [14 of 1987] 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 cent
(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 t
(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 Committe
(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 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 t
(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 t
(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 Committ
(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, 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.
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.
(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 A
Section 101 of the Juvenile Justice (Care and Protection of Children) Act, 2015, delineates the provisions related to appeals against orders passed by Juvenile Justice Boards, Child Welfare Committees, and courts concerning children in conflict with law or in need of care and protection. It provides a statutory framework for aggrieved parties to challenge such orders and ensures procedural safeguards for fair adjudication, emphasizing the rights of juveniles and other stakeholders.
Section 101 establishes that any person aggrieved by an order made by the Juvenile Justice Board or Child Welfare Committee under the Act can prefer an appeal within 30 days from the date of the order to the Children's Court. It also prescribes that appeals against decisions related to foster care and sponsorship shall lie with the District Magistrate. Sub-section (2) clarifies that appeals against orders after preliminary assessment under Section 15 shall lie before the Court of Sessions, which can seek assistance from experts. Sub-section (5) further provides that any person aggrieved by an order of the Children's Court may file an appeal before the High Court following the procedure in the Criminal Procedure Code.
Section 101 provides a comprehensive appellate mechanism ensuring judicial oversight over orders affecting children in conflict with law and in need of care. It covers:- Orders of juvenile boards and committees.- Orders following preliminary assessments, especially in heinous or serious offences.- Orders related to custody, bail, and disposal of cases.- Ensures procedural fairness and opportunity for hearing.- Clarifies the authority and hierarchy of courts involved in juvenile justice.
Section 101 itself does not prescribe punishment; instead, it provides procedural remedies (appeals) for aggrieved parties. Non-compliance or misuse of the appellate process may attract contempt proceedings or other penalties under the general law.
This concise legal commentary underscores the significance of Section 101 as a vital procedural safeguard in juvenile justice, balancing the rights of children, legal certainty, and judicial oversight, with detailed provisions ensuring effective and timely appellate remedies.
**- Juvenile Justice (Care and Protection of Children) Act, 2015, Section 101.- Supreme Court Decisions and judicial pronouncements on juvenile appeals.- Legal commentaries and judicial interpretations of Section 101.- Official notifications and guidelines regarding juvenile courts and appellate procedures.
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.
(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 be, the procedure laid down in the Code of Criminal Procedure, [2 of 1974] 1973 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, [2 of 1974] 1973.
(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 s
(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.
Section 105 of the Juvenile Justice (Care and Protection of Children) Act, 2015, pertains to the creation and management of the Juvenile Justice Fund by the State Government, aimed at promoting the welfare, rehabilitation, and social reintegration of children in conflict with law and children in need of care and protection. This provision underscores the legislative intent to ensure dedicated financial resources for juvenile welfare programs, aligning with the broader objectives of the Act to foster a child-friendly, rehabilitative juvenile justice system.
Section 105 authorizes the State Government to establish a Juvenile Justice Fund in the name it deems fit. The fund is intended for the welfare and rehabilitation of children dealt with under the Act. The section specifies that the fund can be created with the purpose of financing programs related to care, protection, development, treatment, and social reintegration of children in conflict with law or in need of care and protection.
Section 105 itself does not prescribe any punishment; rather, it provides a framework for resource allocation. However, non-compliance by authorities, such as failure to establish or utilize the fund appropriately, may attract departmental action or legal scrutiny under the provisions of the Act and related laws.
In conclusion, Section 105 of the Juvenile Justice (Care and Protection of Children) Act, 2015, plays a pivotal role in institutionalizing financial support for juvenile welfare. Its effective implementation is essential for realizing the Act’s child-centric, rehabilitative philosophy, and aligning India’s juvenile justice system with international standards and best practices.
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.
(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
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;
(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.
(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, [4 of 2006] 2005, 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, [4 of 2006] 2005.
(3
Section 109 of the Juvenile Justice (Care and Protection of Children) Act, 2015, plays a pivotal role in monitoring the implementation of the Act by establishing oversight mechanisms through designated authorities. It underscores the importance of ensuring that the provisions of the Act are effectively followed to protect the rights and welfare of children in conflict with law and in need of care and protection.
Section 109 empowers the National Commission for Protection of Child Rights (NCPCR) and State Commissions for Protection of Child Rights (SCPCR) to oversee the implementation of the Juvenile Justice Act. It mandates these bodies to monitor compliance, evaluate the functioning of juvenile justice institutions, and report their findings to ensure adherence to statutory provisions and international standards.
Section 109 covers:- Oversight of all institutions and mechanisms involved in juvenile justice.- Ensuring compliance with the provisions of the Act, including care, protection, and rehabilitation.- Addressing violations or deficiencies identified during monitoring.- Promoting best practices aligned with international standards such as the UN Convention on the Rights of the Child.- Facilitating coordination among various agencies involved in child welfare.
Section 109 itself does not prescribe a specific punishment. Instead, it empowers monitoring bodies to recommend corrective measures. Non-compliance or failure to adhere to the oversight directives may lead to administrative action or legal consequences under other provisions of the Act or related laws, emphasizing accountability of implementing agencies.
In summary, Section 109 of the Juvenile Justice Act, 2015, institutionalizes a monitoring framework through the NCPCR and SCPCR, aiming to ensure the effective, transparent, and rights-based implementation of juvenile justice provisions, aligning domestic law with international standards and fostering accountability at all levels.
(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 b
(1) The Juvenile Justice (Care and Protection of Children) Act, [56 of 2000] 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.
(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.
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