JUVENILE JUSTICE CARE AND PROTECTION OF CHILDREN ACT, 2000
(1) This Act may be called the Juvenile Justice (Care and Protection of Children) Act, 2000.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint.
3[(4) Notwithstanding anything contained in any other law for the time being in force, the provisions of this Act shall apply to all cases involving detention, prosecution, penalty or sentence of imprisonment of juveniles in conflict with law under any such law.]
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1. Subs. by Act 33 of 2006, sec. 3, for “commencement” (w.e.f. 22-8-2006).
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Section 1 of the Juvenile Justice (Care and Protection of Children) Act, 2000, lays down the preliminary provisions including the title, extent, and commencement of the Act. It sets the foundation for the entire legislation aimed at protecting juveniles and children in conflict with law or in need of care and protection.
Section 1 specifies:- The short title of the Act: "The Juvenile Justice (Care and Protection of Children) Act, 2000."- The extent of the Act: It applies throughout India.- The commencement date: The Act came into force on a date appointed by the Central Government, which is typically notified separately.- It also states that the Act shall be read with the Constitution of India and other relevant laws.
Section 1 itself does not prescribe any punishment; instead, it provides the legislative framework. Violations or non-compliance with the provisions of this section are generally subject to penalties under the Act or other applicable laws, such as contempt proceedings for failure to follow the provisions of the Act or related orders.
This concise analysis highlights the foundational importance of Section 1 in setting the legislative tone, scope, and applicability of the Juvenile Justice (Care and Protection of Children) Act, 2000.
In this Act, unless the context otherwise requires,—
(a) “advisory board” means a Central or a State advisory board or a district and city level advisory board, as the case may be, constituted under section 62;
1[(aa) “adoption” means the process through which the adopted child is permanently separated from his biological parents and become the legitimate child of his adoptive parents with all the rights, privileges and responsibilities that are attached to the relationship;]
(b) “begging” means—
(i) soliciting or receiving alms in a public place or entering into any private premises for the purpose of soliciting or receiving alms, whether under any pretence;
The Juvenile Justice (Care and Protection of Children) Act, 2000 (hereafter "the Act") is a comprehensive legislation aimed at addressing issues related to juveniles in conflict with the law and children in need of care and protection. Section 2 of the Act provides fundamental definitions critical for interpreting the scope and application of the law, including the definition of "juvenile" and related terms.
Section 2 primarily defines key terms such as "juvenile," "juvenile in conflict with law," "child in need of care and protection," and other relevant concepts. Notably, it states that a "juvenile" is a person who has not completed 18 years of age as on the date of commission of the offence. The section also clarifies that the claim of juvenility can be raised at any stage of the proceedings, even after final disposal, and that juveniles cannot be sentenced to life imprisonment or any term of imprisonment.
Section 2's scope encompasses:- All persons below 18 years at the time of offence.- The right to claim juvenility at any stage.- The obligation of courts to examine and determine juvenility carefully.- The applicability of the Act to all proceedings involving juveniles, including cases under the Indian Penal Code.- The non-retroactivity of certain provisions unless expressly provided.- The procedural framework for age determination, including reliance on documentary and medical evidence.
Section 2 itself does not prescribe punishment but sets the framework for juvenile protection. The actual punishments are governed by other provisions of the Act and the Indian Penal Code, with juveniles generally not subject to life imprisonment or capital punishment. The Act emphasizes rehabilitation and social reintegration over punitive measures.
Summary:Section 2 of the Juvenile Justice Act, 2000, establishes the legal framework for defining juveniles, asserting their rights to claim juvenility at any stage, and detailing the procedures for age determination. Courts prioritize documentary evidence over medical opinions and emphasize that the law is beneficial but must be applied with strict adherence to procedural safeguards to prevent injustice. Proper implementation remains a challenge, especially in remote areas, but the legal principles aim to uphold the rights and dignity of juveniles in conflict with the law.
Where an inquiry has been initiated against a juvenile in conflict with law or a child in need of care and protection and during the course of such inquiry the juvenile or the child ceases to be such, then, notwithstanding anything contained in this Act or in any other law for the time being in force, the inquiry may be continued and orders may be made in respect of such person as if such person had continued to be a juvenile or a child.
Section 3 of the Juvenile Justice (Care and Protection of Children) Act, 2000, is a foundational provision that establishes the principles and definitions guiding the juvenile justice system in India. It emphasizes the importance of recognizing the vulnerability of children and mandates that the law be applied with a focus on care, protection, and the best interests of the child, aligning with constitutional principles enshrined in Articles 21, 39, 45, and 47 of the Constitution of India. This section underpins the entire juvenile justice framework by defining key concepts and principles that inform subsequent provisions related to juvenile rights and procedural safeguards.
Section 3 delineates the principles of juvenile justice, including:- The presumption of innocence for children below 18 years (Section 3(1))- The importance of considering the child's age, background, and circumstances (Section 3(2))- The obligation of the State to ensure the child's care, protection, and development (Section 3(3))- The necessity of a child-friendly approach in all proceedings involving children (Section 3(4))- The recognition that children in conflict with law require rehabilitative measures rather than punitive actions (Section 3(5))- The emphasis on non-stigmatization and dignity of the child at all stages
Section 3 applies universally to all children in conflict with law and children in need of care and protection. It guides the interpretation and application of the entire Act, influencing how juvenile proceedings are conducted, how juvenile offenders are treated, and how children are protected under the law. Its principles are binding on courts, juvenile justice boards, and other authorities involved in child-related cases, ensuring a child-centric approach.
Section 3 itself does not prescribe punishment but sets the guiding principles for juvenile justice. Violations of its principles, such as conducting proceedings without regard to the child's dignity or failing to consider the child's age, can lead to legal challenges and appellate remedies. Breach of these principles may render proceedings illegal or invalid, as courts are mandated to ensure compliance with the Act's child-friendly approach.
Section 3 of the Juvenile Justice (Care and Protection of Children) Act, 2000, is a cornerstone that embeds the philosophy of child-friendly justice, emphasizing care, protection, and dignity. Its essential principles guide the entire juvenile justice system, ensuring that children are treated with compassion and fairness, and that proceedings are conducted in a manner consistent with constitutional and human rights standards. The section underscores the importance of accurate age determination, procedural fairness, and the rehabilitative approach, which courts and authorities are mandated to uphold to safeguard the interests of children in conflict with law and in need of care and protection.
(1) Notwithstanding anything contained in
the Code of Criminal Procedure, 1973 (2 of 1974), the State Government may,
1[within a period of one year from the date of commencement of the Juvenile Justice (Care and Protection of Children) Amendment Act, 2006, by notification in the Official Gazette, constitute for every district], one or more Juvenile Justice Boards for exercising the powers and discharging the duties conferred or imposed on such Boards in relation to juveniles in conflict with law under this Act.
(2) A Board shall consist of a Metropolitan Magistrate or a Judicial Magistrate of the first class, as the case may be, and two social workers 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, 1
(1) The Board shall meet at such times and shall observe such rules of procedure in regard to the transaction of business at its meetings, as may be prescribed.
(2) A child in conflict with law may be produced before an individual member of the Board, when the Board is not sitting.
(3) A Board may act notwithstanding the absence of any member of the Board, and no order made by the Board shall be invalid by reason only of the absence of any member during any stage of proceedings:
Provided that there shall be at least two members including the principal Magistrate present at the time of final disposal of the case.
(4) In the event of any difference of opinion among the members of the Board in the interim or final disposition, the opinion of the majori
(1) Where a Board has been constituted for any district 1[***], such Board shall, notwithstanding anything contained in any other law for the time being in force but save as otherwise expressly provided in this Act, have power to deal exclusively with all proceedings under this Act relating to juvenile in conflict with law.
(2) The powers conferred on the Board by or under this Act may also be exercised by the High Court and the Court of Session, when the proceeding comes before them in appeal, revision or otherwise.
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1. The words “or a group of districts” omitted by Act 33 of 2006, sec. 7 (w.e.f. 22-8-2006).
Section 6 of the Juvenile Justice (Care and Protection of Children) Act, 2000, is a pivotal provision that delineates the powers conferred upon the Juvenile Justice Board (JJB) and the Court of Sessions regarding the determination of juvenile status in legal proceedings involving children in conflict with law. It emphasizes the broad, child-friendly approach adopted by the Act to ensure the protection, rehabilitation, and proper handling of juveniles.
Section 6 primarily states that:- The Juvenile Justice Board (JJB) shall have exclusive jurisdiction over proceedings related to juveniles in conflict with law.- The powers conferred upon the Board may also be exercised by the High Court or Court of Sessions in appeal, revision, or other proceedings, when such proceedings come before them.- The section explicitly uses a non-obstante clause ("notwithstanding anything contained in any other law for the time being in force") to override conflicting provisions, especially concerning jurisdiction.- The section underscores that the purpose of the Act is to ensure the child's best interests, with a broad, liberal interpretation to facilitate child protection and rehabilitation.
In summary, Section 6 of the Juvenile Justice (Care and Protection of Children) Act, 2000, is a cornerstone provision that broadens the jurisdictional scope of juvenile proceedings, affirms the dominance of the Act over conflicting laws, and emphasizes a child-centric, rehabilitative approach. Judicial interpretations consistently uphold the expansive and protective intent of this section, ensuring juveniles are treated with care, and their rights are protected in all legal fora.
(1) When any Magistrate not empowered to exercise the powers of a Board under this Act is of the opinion that a person brought before him under any of the provisions of this Act (other than for the purpose of giving evidence), is a juvenile or the child, he shall without any delay record such opinion and forward the juvenile or the child and the record of the proceeding to the competent authority having jurisdiction over the proceeding.
(2) The competent authority to which the proceeding is forwarded under sub-section (1) shall hold the inquiry as if the juvenile or the child had originally been brought before it.
Section 7 of the Juvenile Justice (Care and Protection of Children) Act, 2000, is a pivotal provision that governs the procedure for determining the age of a juvenile in conflict with law. It ensures that claims of juvenility can be raised at any stage of the proceedings, emphasizing the importance of accurate age determination for just treatment and appropriate legal proceedings. The section aligns with the overarching principles of juvenile justice, focusing on fairness, proper inquiry, and safeguarding the rights of minors.
Section 7 authorizes any person claiming to be a juvenile to raise the plea of juvenility at any stage of the proceedings, even after the case has been disposed of or the accused has been convicted. It mandates that courts or juvenile authorities must conduct a proper inquiry into the age of the juvenile, utilizing all relevant evidence, including documents, medical examinations, and other admissible proof. The section underscores that the question of juvenility can be raised even after conviction or during appeal, ensuring that no stage of the trial is barred from such claims.
While Section 7 itself does not prescribe specific punishments, violations such as ignoring proper procedures for age determination or denying the right to claim juvenility can lead to:- Quashing of orders: Orders passed without proper inquiry can be set aside.- Remand for inquiry: Cases may be remitted back for proper assessment.- Legal consequences: Courts may exercise suo-motu powers under Section 482 of the Criminal Procedure Code to quash illegal orders or proceedings.- Potential contempt: Courts may hold officers or courts liable for contempt if they deliberately bypass the legal requirement for proper inquiry.
Right to raise juvenility - The law explicitly permits claims of juvenility to be raised at any stage, including post-conviction, ensuring procedural fairness and protecting minors' rights. [Section 7, Juvenile Justice Act, 2000]
Wide scope - The section applies across all stages of criminal proceedings, emphasizing the importance of proper age verification before sentencing or trial. [Section 7, Juvenile Justice Act, 2000]
Inquisitorial obligation - Courts are duty-bound to conduct a comprehensive inquiry, considering documents, medical reports, and other evidence, and cannot rely solely on physical appearance. [Judgments: Juvenile Justice (Care & Protection of Children) Rules, 2007, Rule 12; Various case laws]
Evidence hierarchy - Conclusive proof of juvenility hinges on official documents like school leaving certificates, birth certificates, or certificates issued by authorized agencies, with medical opinion as a backup. [Judgments: Section 7, Juvenile Justice Act, 2000; Case references]
Medical examination - When documentary evidence is doubtful or unavailable, a medical board’s opinion is essential for age assessment, but reliance on affidavits alone is insufficient. [Fulchand Oraon VS State of Jharkhand, Ajit Pramanik VS State of Jharkhand, Pramod Oraon @ Pramod Ram, S/o Sri Mangra Oraon VS State of Jharkhand]
Procedural compliance - Orders passed without proper inquiry or ignoring the evidence requirements violate the principles of natural justice and are liable to be quashed. [Nisha VS State of Rajasthan, WASEEM VS STATE OF U. P. ]
Remand and investigation - Cases where proper age determination was not conducted must be remanded to juvenile authorities or courts for fresh inquiry. [KHANNU VS STATE OF U. P. , Anand Kumar Verma VS State of Jharkhand]
Late claims - The law recognizes that claims of juvenility can be made even after conviction or final order, reinforcing the principle of substantive justice. [KHANNU VS STATE OF U. P. , 02500055086]
Burden of proof - The onus lies on the accused or claimant to establish juvenility through credible evidence; mere affidavits or unverified documents are inadequate. [RAGHURAJ SINGH (NOW DEAD) VS STATE OF U. P. , RIZWAN VS STATE OF U. P. ]
Order setting aside - Orders or judgments that bypass the proper procedure or ignore evidence are liable to be set aside under Section 482 Cr.P.C. for miscarriage of justice. [Ram Balak Choudhary VS State of Bihar, Ajay Kumar Das @ Jay Kumar Das VS State of Bihar]
Judicial notice - Courts can take judicial notice of official records like school certificates, transfer certificates, and government-issued documents, which hold conclusive evidentiary value. [HARPAL SINGH VS STATE OF U. P. , MUKESH VS STATE OF U. P. ]
Assessment of age - The assessment must consider all available evidence, including ossification tests, documents, and medical opinion, with the understanding that each has limitations and margins of error. [Binod Dhikar @ Binod Kumr Dhikar VS State of Jharkhand, Sushil Kumar Gupta VS State of Jharkhand]
Legal evolution - The section and related rules have evolved to ensure that juvenile claims are not dismissed on superficial grounds and that the procedures are strictly followed for justice. [Juvenile Justice (Care & Protection of Children) Act, 2015 references]
Protection of rights - The legal framework ensures that minors are not subjected to trial or punishment without proper age verification, aligning with constitutional protections and juvenile justice principles. [Judgments: Supreme Court cases, various references]
Consequences of non-compliance - Ignoring the procedural mandates can lead to orders being quashed, cases being remitted, or even violations of fundamental rights being addressed. [Section 7, case laws]
Legal prudence - Courts and authorities are expected to exercise caution, ensure evidence-based inquiry, and uphold the rights of juveniles at every stage of proceedings. [Judgments: Juvenile Justice Rules, case law]
Section 7 of the Juvenile Justice Act, 2000, embodies the fundamental principle that the determination of juvenility is a matter of substantive justice, requiring comprehensive inquiry and adherence to procedural safeguards. It affirms the right of minors to claim juvenility at any stage and mandates courts to consider all relevant evidence, including documents and medical reports, to arrive at a fair conclusion. Proper implementation of this section safeguards the rights of juveniles, prevents wrongful trials, and upholds the objectives of juvenile justice law.
Note: All references are based on the provided sources and relevant case law principles.
(1) Whenever a claim of juvenility is raised before any court or a court is of the opinion that an accused person was a juvenile on the date of commission of the offence, the court shall make an inquiry, take such evidence as may be necessary (but not an affidavit) so as to determine the age of such person, and shall record a finding whether the person is a juvenile or a child or not, stating his age as nearly as may be:
Provided that a claim of juvenility may be raised before any court and it shall be recognised at any stage, even after final disposal of the case, and such claim shall be determined in terms of the provisions contained in this Act and the rules made thereunder, even if the juvenile has ceased to be so on or before the date of commencement of this Act.
(2) If the court finds a person to be a juvenile on the date of commis
(1) Any State Government may establish and maintain either by itself or under an agreement with voluntary organisations, observation homes in every district or a group of districts, as may be required for the temporary reception of any juvenile in conflict with law during the pendency of any inquiry regarding them under this Act.
(2) Where the State Government is of opinion that any institution other than a home established or maintained under sub-section (1), is fit for the temporary reception of juvenile in conflict with law during the pendency of any inquiry regarding them under this Act, it may certify 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 management of observation homes, including the standards and various types of services to
(1) Any State Government may establish and maintain either by itself or under an agreement with voluntary organisations, special homes in every district or a group of districts, as may be required for reception and rehabilitation of juvenile in conflict with law under this Act.
(2) Where the State Government is of opinion that any institution other than a home established or maintained under sub-section (1), is fit for the reception of juvenile in conflict with law to be sent there under this Act, it may certify such institution as a special home for the purposes of this Act.
(3) The State Government may, by rules made under this Act, provide for the management of special homes, including the standards and various types of services to be provided by them which are necessary for re-socialisation of a juvenile, and the circumstances under
1[(1) As soon as a juvenile in conflict with law is apprehended by police, he shall be placed under the charge of the special juvenile police unit or the designated police officer, who shall produce the juvenile before the Board without any loss of time but within a period of twenty-four hours of his apprehension excluding the time necessary for the journey, from the place where the juvenile was apprehended, to the Board:
Provided that in no case, a juvenile in conflict with law shall be placed in a police lockup or lodged in a jail.]
(2) The State Government may make rules consistent with this Act,—
(i) to provide for persons through whom (including registered voluntary organisations) any juvenile in conflict with law may be produced before the Board;
Section 10 of the Juvenile Justice (Care and Protection of Children) Act, 2000, deals with the procedure to be followed when a child suspected to be in conflict with law is apprehended by the police. It emphasizes the importance of safeguarding the rights of juveniles during their arrest and detention, ensuring proper procedures are followed under the Act, and aligning with the principles of juvenile justice.
Section 10 prescribes that:- As soon as a child in conflict with law is apprehended, the police shall produce him before the Juvenile Justice Board or a special juvenile police unit.- The child shall be placed in a place of safety, such as an observation home or shelter home, pending further inquiry.- The section also details the manner of handling the child, including the obligation to prevent exposure to harmful influences and ensure the child's welfare.- The section mandates that the child's custody shall be in accordance with the procedures laid down in the Act, with a focus on care, protection, and rehabilitation.
Note: The references are drawn from the provided sources, primarily emphasizing the importance of procedural safeguards, judicial oversight, and the rights of juveniles under Section 10 of the Juvenile Justice Act, 2000.
Any person in whose charge a juvenile is placed in pursuance of this Act shall, while the order is in force have the control over the juvenile as he would have if he were his parents, and shall be responsible for his maintenance, and the juvenile shall continue in his charge for the period stated by competent authority, notwithstanding that he is claimed by his parents or any other person.
(1) When any person accused of a bailable or non-bailable offence, and apparently a juvenile, is arrested or detained or appears or is brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, be released on bail with or without surety 1[or placed under the supervision of a Probation Officer or under the care of any fit institution of fit person] but he shall not be so released if there appear reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice.
(2) When such person having been arrested is not released on bail under sub-section (1) by the officer incharge of the police station, such officer sha
Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000, establishes the legal framework for granting bail to juveniles in conflict with the law. It emphasizes the presumption of release and delineates specific exceptions where bail may be refused, balancing the juvenile’s rights with societal interests.
Right to Bail - Section 12 establishes a statutory presumption in favor of bail for juveniles, reinforcing their right to liberty unless specific exceptions are established [Gajendra Singh VS State of Rajasthan].
Burden of Proof - The prosecution bears the burden to prove that the juvenile’s release would cause harm or defeat justice, and mere allegations are insufficient without concrete evidence [JASWANT KUMAR SAROJ VS STATE OF UTTAR PRADESH].
Exception Conditions - The grounds for refusing bail are restrictive; courts cannot deny bail solely based on the nature of the offence unless proven that release would cause specific harm [Bhuru Bheel @ Buru Bheel VS State of Rajasthan].
Rebuttal of Grounds - Courts have consistently held that if there is no material to establish the exceptions, the juvenile must be released on bail, emphasizing the mandatory aspect of Section 12 [MANOJ @ KALI VS STATE].
Serious Offences - Even in heinous crimes like rape or murder, bail cannot be refused solely on the gravity of the offence; the focus remains on the potential for association with criminals or danger [Shailendra Kumar Yadav VS State of U. P. ].
Relevance of Evidence - The absence of material evidence to support allegations of danger or association justifies grant of bail, highlighting the importance of evidentiary standards [Tanwir Ansari @ Tanmir Ansari VS State of Jharkhand].
Role of Probation Officers - Reports indicating juvenile’s immaturity or good conduct can influence bail decisions, supporting the juvenile’s rehabilitation prospects [Ram Lal VS State of Rajasthan].
Preventive Detention vs. Bail - Section 12 underscores that detention should be a measure of last resort; bail is the rule unless exceptional circumstances are convincingly established [Yogesh Singh VS State of Rajasthan].
Rejection of Bail in Absence of Material - Courts have reversed wrongful bail denials where no material was presented to justify restrictions, reaffirming the protective intent of the Act [02500019399].
Bail in Serious Offences - Even in cases involving firearms, drugs, or sexual offences, courts have held that the juvenile’s right to bail prevails unless specific, substantiated grounds are established [Bhuru Bheel @ Buru Bheel VS State of Rajasthan].
Impact of Juvenile’s Age - The age of the juvenile influences bail considerations; minors are entitled to special protection and should not be detained unnecessarily [Hamid @ Abdul Hamid VS State of Rajasthan].
Relevance of Family and Custody - The availability of a responsible guardian or family support can be a significant factor favoring bail, especially if it reduces the risk of association with negative influences [Tanwir Ansari @ Tanmir Ansari VS State of Jharkhand].
Procedural Aspects - Courts have clarified that procedures for determining juvenility under Rule 12 and Section 7A should be more liberal, ensuring fair assessment before denying bail [Sanjeev Kumar Gupta VS State of Uttar Pradesh].
Legal Mandate for Release - The law mandates that unless the prosecution proves the exceptions, the juvenile must be released on bail; courts cannot deny bail on vague or unsubstantiated grounds [ASLAM @ GUDDU VS STATE OF UTTAR PRADESH].
Reconsideration of Bail Orders - Orders rejecting bail based on assumptions or incomplete evidence are liable to be set aside, reinforcing the protective intent of Section 12 [Yogesh Singh VS State of Rajasthan].
Anticipatory Bail - Section 12 also extends to anticipatory bail for juveniles, emphasizing that the possibility of association or danger must be established with concrete evidence [Sandeep Singh Tomar VS State of M. P. ].
Judicial Discretion - While courts have discretion, it is bounded by the statutory mandate; wrongful exercise of discretion to deny bail without material is subject to judicial review [Anand Bishal Kujur VS State Of Jharkhand].
Relevance of Conduct and Behavior - Good conduct and behavior reports from probation officers and juvenile homes favor bail, indicating rehabilitation potential [Sonu @ Somveer VS State of Rajasthan].
Section 12 of the Juvenile Justice Act, 2000, enshrines the principle that bail is the norm for juveniles, with exceptions narrowly defined and requiring substantive proof. Courts have consistently emphasized the importance of evidence-based decisions, safeguarding juvenile rights while balancing societal concerns. Wrongful denial of bail without material evidence is liable to be overturned, reaffirming the protective and rehabilitative objectives of the Act.
Note: All references are based on the provided sources and case law summaries, emphasizing the judicial interpretation and application of Section 12.
Where a juvenile is arrested, the officer incharge of the police station or the special juvenile police unit to which the juvenile is brought shall, as soon as may be after the arrest, inform—
(a) the parent or guardian of the juvenile, if he can be found of such arrest and direct him to be present at the Board before which the juvenile will appear; and
(b) the probation officer of such arrest to enable him to obtain information regarding the antecedents and family background of the juvenile and other material circumstances likely to be of assistance to the Board for making the inquiry.
1[(1)] Where a juvenile having been charged with the offence is produced before a Board, the Board shall hold the inquiry in accordance with the provisions of this Act and may make such order in relation to the juvenile as it deems fit:
Provided that an inquiry under this section shall be completed within a period of four months from the date of its commencement, unless the period is extended by the Board having regard to the circumstances of the case and in special cases after recording the reasons in writing for such extension.
2[(2) The Chief Judicial Magistrate or the Chief Metropolitan Magistrate shall review the pendency of cases of the Board at every six months, and shall direct the Board to increase the frequency of its sittings or may cause the constitution of additional Boards.]
(1) Where a Board is satisfied on inquiry that a juvenile has committed an offence, then, notwithstanding anything to the contrary contained in any other law for the time being in force, the Board may, if it so thinks fit,—
(a) allow the juvenile to go home after advice or admonition following appropriate inquiry against and counselling to the parent or the guardian and the juvenile;
(b) direct the juvenile to participate in group counselling and similar activities;
(c) order the juvenile to perform community service;
(d) order the parent of the juvenile or the juvenile himself to pay a fine, if he is over fourteen years of age and earns money;
(e) direct the juveni
Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2000, is a pivotal provision that governs the process of inquiry, assessment, and disposition of juveniles in conflict with law. It emphasizes the importance of rehabilitation, social reintegration, and the protection of juvenile rights, aligning with international principles and constitutional mandates. The section delineates procedures for juvenile assessment, including cases involving heinous crimes, and underscores the rehabilitative approach over punitive measures.
Section 15 prescribes the process for conducting inquiries into juveniles accused of offences, especially heinous ones. It mandates that the Juvenile Justice Board (JJB) shall complete every inquiry within four months, with possible extensions for special reasons. It provides for various dispositional options such as advice, admonition, counseling, or sending juveniles to special homes for a maximum period of three years, which can be reduced for good behavior or circumstances. The section also allows for transfer of cases involving juveniles aged 16-18 to adult courts in certain severe cases, after a preliminary assessment.
Section 15 applies to all juveniles in conflict with law, including those accused of heinous offences. It governs the entire process from inquiry to disposal, ensuring procedural fairness and safeguarding juvenile rights. It also provides mechanisms for case transfer, emphasizing the importance of social and psychological evaluation. The section's provisions are designed to promote a rehabilitative approach, aligning with constitutional principles and international conventions like the UN Convention on the Rights of the Child.
While Section 15 does not prescribe specific penal sanctions for procedural violations, non-compliance with its mandates—such as delays beyond four months, improper assessments, or unwarranted transfer to adult courts—can invalidate proceedings or lead to judicial review. Courts have emphasized that violations undermine the rehabilitative purpose and can violate juvenile rights, thus attracting judicial remedies including quashing or remanding cases.
This concise legal commentary aims to encapsulate the core legal principles, scope, and judicial interpretations surrounding Section 15, highlighting its central role in ensuring a child-centric, rehabilitative juvenile justice system.
(1) Notwithstanding anything to the contrary contained in any other law for the time being in force, no juvenile in conflict with law shall be sentenced to death 1[or imprisonment for any term which may extend to imprisonment for life], or committed to prison in default of payment of fine or in default of furnishing security:
Provided that where a juvenile who has attained the age of sixteen years has committed an offence and the Board is satisfied that the offence committed is so serious in nature or that his conduct and behaviour have been such that it would not be in his interest or in the interest of other juvenile in a special home to send him to such special home and that none of the other measures provided under this Act is suitable or sufficient, the Board may order the juvenile in conflict with law to be kept in such place of safety and in such manner as it thinks fit and
Notwithstanding anything to the contrary contained in the Code of Criminal Procedure, 1973 (2 of 1974) no proceeding shall be instituted and no order shall be passed against the juvenile under Chapter VIII of the said Code.
(1) Notwithstanding anything contained in section 223 of the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, no juvenile shall be charged with or tried for any offence together with a person who is not a juvenile.
(2) If a juvenile is accused of an offence for which under section 223 of the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force, such juvenile and any person who is not a juvenile would, but for the prohibition contained in sub-section (1), have been charged and tried together, the Board taking cognizance of that offence shall direct separate trials of the juvenile and the other person.
(1) Notwithstanding anything contained in any other law, a juvenile who has committed an offence and has been dealt with under the provisions of this Act shall not suffer disqualification, if any, attaching to a conviction of an offence under such law.
(2) The Board shall make an order directing that the relevant records of such conviction shall be removed after the expiry of the period of appeal or a reasonable period as prescribed under the rules, as the case may be.
Notwithstanding anything contained in this Act, all proceedings in respect of a juvenile pending in any court in any area on the date on which this Act comes into force in that area, shall be continued in that court as if this Act had not been passed and if the court finds that the juvenile has committed an offence, it shall record such finding and instead of passing any sentence in respect of the juvenile, forward the juvenile to the Board which shall pass orders in respect of that juvenile in accordance with the provisions of this Act as if it had been satisfied on inquiry under this Act that a juvenile has committed the offence.
1[Provided that the Board may, for any adequate and special reason to be mentioned in the order, review the case and pass appropriate order in the interest of such juvenile.
Explanation.—In all pending cases i
(1) No report in any newspaper, magazine, news-sheet or visual media of any inquiry regarding a juvenile in conflict with law or a child in need of care and protection under this Act shall disclose the name, address or school or any other particulars calculated to lead to the identification of the juvenile or child nor shall any picture of any such juvenile or child be published:
Provided that for reasons to be recorded in writing, the authority holding the inquiry may permit such disclosure, if in its opinion such disclosure is in the interest of the juvenile or the child.
(2) Any person who contravenes the provisions of sub-section (1), shall be liable to a penalty which may extend to twenty five thousand rupees.]
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1. Subs. by Act 33 of 2
Notwithstanding anything to the contrary contained in any other law for the time being in force, any police officer may take charge without warrant of a juvenile in conflict with law who has escaped from a special home or an observation home or from the care of a person under whom he was placed under this Act, and shall be sent back to the special home or the observation home or that person, as the case may be; and no proceeding shall be instituted in respect of the juvenile by reason of such escape, but the special home, or the observation home or the person may, after giving the information to the Board which passed the order in respect of the juvenile, take such steps in respect of the juvenile as may be deemed necessary under the provisions of this Act.
Whoever, having the actual charge of, or control over, a juvenile or the child, assaults, abandons, exposes or wilfully neglects the juvenile or causes or procures him to be assaulted, abandoned, exposed or neglected in a manner likely to cause such juvenile or the child unnecessary mental or physical suffering shall be punishable with imprisonment for a term which may extend to six months, or fine, or with both.
(1) Whoever employs or uses any juvenile or the child for the purpose or causes any juvenile to beg shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine.
(2) Whoever, having the actual charge of, or control over, a juvenile or the child abets the commission of the offence punishable under sub-section (1), shall be punishable with imprisonment for a term which may extend to one year and shall also be liable to fine.
Whoever gives, or causes to be given, to any juvenile or the child any intoxicating liquor in a public place or any narcotic drug or psychotropic substance except upon the order of duly qualified medical practitioner or in case of sickness shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine.
Whoever ostensibly procures a juvenile or the child for the purpose of any hazardous employment keeps him in bondage and withholds his earnings or uses such earning for his own purposes shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine.
The offences punishable under sections 23, 24, 25 and 26 shall be cognizable.
Where an act or omission constitute an offence punishable under this Act and also under any other Central or State Act, then, notwithstanding anything contained in any law for the time being in force, the offender found guilty of such offences shall be liable to punishment only under such Act as provides for punishment which is greater in degree.
(1) The State Government may, 1[within a period of one year from the date of commencement of the Juvenile Justice (Care and Protection of Children) Amendment Act, 2006, by notification in the Official Gazette, constitute for every district], one or more Child Welfare Committees for exercising the powers and discharge the duties conferred on such Committees in relation to child in need of care and protection under this Act.
(2) The Committee shall consist of a Chairperson and four other members as the State Government may think fit to appoint, of whom at least one shall be a woman and another, an expert on matters concerning children.
(3) The qualifications of the Chairperson and the members, and the tenure for which they may be appointed shall be such as may be prescribed.
(4) The appointment
(1) The Committee shall meet at such times and shall observe such rules of procedure in regard to the transaction of business at its meetings, as may be prescribed.
(2) A child in need of care and protection may be produced before an individual member for being placed in safe custody or otherwise when the Committee is not in session.
(3) In the event of any difference of opinion among the members of the Committee at the time of any interim decision, the opinion of the majority shall prevail but where there is no such majority the opinion of the Chairperson shall prevail.
(4) Subject to the provisions of sub-section (1), the Committee may act, notwithstanding the absence of any member of the Committee, and no order made by the Committee shall be invalid by reason only of the absence of any memb
(1) The Committee shall have the final authority to dispose of cases for the care, protection, treatment, development and rehabilitation of the children as well as to provide for their basic needs and protection of human rights.
(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.
(1) Any child in need of care and protection may be produced before the Committee by one of the following persons:—
(i) any police officer or special juvenile police unit or a designated police officer;
(ii) any public servant;
(iii) childline, a registered voluntary organisation or by such other voluntary organisation or an agency as may be recognised by the State Government;
(iv) any social worker or a public spirited citizen 1[***]; or
(v) by the child himself:
2[Provided that the child shall be produced before the Committee without any loss of time but within a period of twenty-four hours excluding the time necessar
(1) On receipt of a report under section 32, the Committee 1[***] shall hold an inquiry in the prescribed manner and the Committee, on its own or on the report from any person or agency as mentioned in sub-section (1) of section 32, may pass an order to send the child to the children’s home for speedy inquiry by a social worker or child welfare officer.
(2) The inquiry under this section shall be completed within four months of the receipt of the order or within such shorter period as may be fixed by the Committee:
Provided that the time for the submission of the inquiry report may be extended by such period as the Committee may, having regard to the circumstances and for the reasons recorded in writing, determine.
2[(3) The State Government shall review the pendency of cases of the Committee
(1) The State Government may establish and maintain either by itself or in association with the voluntary organisations, children’s homes, in every district or group of districts, as the case may be, for the reception of child in need of care and protection during the pendency of any inquiry and subsequently for their care, treatment, education, training, development and rehabilitation.
(2) The State Government may, by rules made under this Act, provide for the management of children’s homes including the standards and the nature of services to be provided by them, and the circumstances under which, and the manner in which, the certification of a children’s home or recognition to a voluntary organisation may be granted or withdrawn.
1[(3) Without prejudice to anything contained in any other law for the time being in force, all institutio
(1) The State Government may appoint inspection committees for the children’s homes (hereinafter referred to as the inspection committees) for the State, a district and city, as the case may be, for such period and for such purposes as may be prescribed.
(2) The inspection committee of a State, district or of a city shall consist of such number of representatives from the State Government, 1[***], Committee, voluntary organisations and such other medical experts and social workers as may be prescribed.
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1. The words “local authority” omitted by Act 33 of 2006, sec. 5 (w.e.f. 22-8-2006).
The Central Government or State Government may monitor and evaluate the functioning of the Children’s homes at such period and through such persons and institutions as may be specified by that Government.
(1) The State Government may recognise, reputed and capable voluntary organisations and provide them assistance to set up and administer as many shelter homes for juveniles or children as may be required.
(2) The shelter homes referred in sub-section (1) shall function as drop-
in-centres for the children in the need of urgent support who have been brought to such homes through such persons as are referred to in sub-section (1) of section 32.
(3) As far as possible, the shelter homes shall have such facilities as may be prescribed by the rules.
(1) If during the inquiry it is found that the child hails from the place outside the jurisdiction of the Committee, the Committee shall order the transfer of the child to the competent authority having jurisdiction over the place of residence of the child.
(2) Such juvenile or the child shall be escorted by the staff of the home in which he is lodged originally.
(3) The State Government may make rules to provide for the travelling allowance to be paid to the child.
(1) Restoration of and protection to a child shall be the prime objective of any children’s home or the shelter home.
(2) The children’s home or a shelter home, as the case may be, shall take such steps as are considered necessary for the restoration of and protection to a child deprived of his family environment temporarily or permanently where such child is under the care and protection of a children’s home or a shelter home, as the case may be.
(3) The Committee shall have the powers to restore any child in need of care and protection to his parent, guardian, fit person or fit institution, as the case may be, and give them suitable directions.
1[Explanation.—For the purposes of this section “restoration of and protection of a child” means restoration to—
&nb
The rehabilitation and social reintegration of a child shall begin during the stay of the child in a children’s home or special home and the rehabilitation and social reintegration of children shall be carried out alternatively by (i) adoption, (ii) foster care, (iii) sponsorship, and (iv) sending the child to an after-care organisation.
(1) The primary responsibility for providing care and protection to children shall be that of his family.
1[(2) Adoption shall be resorted to for the rehabilitation of the children who are orphan, abandoned or surrendered through such mechanism as may be prescribed.
(3) In keeping with the provisions of the various guidelines for adoption issued from time to time, by the State Government, or the Central Adoption Resource Agency and notified by the Central Government, children may be given in adoption by a court after satisfying itself regarding the investigations having been carried out as are required for giving such children in adoption.
(4) The State Government shall recognise one or more of its institutions or voluntary organisations in each district as specialised adoption agencies in suc
(1) The foster care may be used for temporary placement of those infants who are ultimately to be given for adoption.
(2) In foster care, the child may be placed in another family for a short or extended period of time, depending upon the circumstances where the child’s own parent usually visit regularly and eventually after the rehabilitation, where the children may return to their own homes.
(3) The State Government may make rules for the purposes of carrying out the scheme of foster care programme of children.
(1) The sponsorship programme may provide supplementary support to families, to children’s homes and to special homes to meet medical, nutritional, educational and other needs of the children with a view to improving their quality of life.
(2) The State Government may make rules for the purposes of carrying out various schemes of sponsorship of children, such as individual to individual sponsorship, group sponsorship or community sponsorship.
The Sate Government may, by rules made under this Act, provide—
(a) for the establishment or recognition of after-care organisations and the functions that may be performed by them under this Act;
(b) for a scheme of after-care programme to be followed by such after-care organisations for the purpose of taking care of juveniles or the children after they leave special homes, children homes and for the purpose of enabling them to lead an honest, industrious and useful life;
(c) for the preparation or submission of a report by the probation officer or any other officer appointed by that Government in respect of each juvenile or the child prior to his discharge from a special home, children’s home, regarding the necessity and nature of after-care of such juvenile or of a c
The State Government may make rules to ensure effective linkages between various governmental, non-governmental, corporate and other community agencies for facilitating the rehabilitation and social reintegration of the child.
Any competent authority before which a juvenile or the 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 or control over the juvenile or the child to be present at any proceeding in respect of the juvenile or the child.
If, at any stage during the course of an inquiry, a competent authority is satisfied that the attendance of the juvenile or the child is not essential for the purpose of inquiry, the competent authority may dispense with his attendance and proceed with the inquiry in the absence of the juvenile or the child.
(1) When a juvenile or the child who has been brought before a competent authority under this Act, is found to be suffering from a disease requiring prolonged medical treatment or physical or mental complaint that will respond to treatment, the competent authority may send the juvenile or the child to any place recognised to be an approved place in accordance with the rules made under this Act for such period as it may think necessary for the required treatment.
(2) Where a juvenile or the child is found to be suffering from leprosy, sexually transmitted disease, Hepatitis B, open cases of Tuberculosis and such other diseases or is of unsound mind, he shall be dealt with separately through various specialised referral services or under the relevant laws as such.
(1) Where it appears to a competent authority that person brought before it under any of the provisions of this Act (otherwise than for the purpose of giving evidence) is a juvenile or the child, the competent authority shall make due inquiry so as to the age of that person and for that purpose shall take such evidence as may be necessary (but not an affidavit) and shall record a finding whether the person is a juvenile or the child or not, stating his age as nearly as may be.
(2) No order of a competent authority shall be deemed to have become invalid merely by any subsequent proof that the person in respect of whom the order has been made is not a juvenile or the child, and the age recorded by the competent authority to be the age of person so brought before it, shall for the purpose of this Act, be deemed to be the true age of that person.
In the case of a juvenile or the child, whose ordinary place of residence lies outside the jurisdiction of the competent authority before which he is brought, the competent authority may, if satisfied after due inquiry that it is expedient so to do, send the juvenile or the child back to a relative or other person who is fit and willing to receive him at his ordinary place of residence and exercise proper care and control over him, notwithstanding that such place of residence is outside the jurisdiction of the competent authority; and the competent authority exercising jurisdiction over the place to which the juvenile or the child is sent shall in respect of any matter arising subsequently have the same powers in relation to the juvenile or the child as if the original order had been passed by itself.
The report of the probation officer or social worker considered by the competent authority shall be treated as confidential:
Provided that the competent authority may, if it so thinks fit, communicate the substance thereof to the juvenile or the child or his parent or guardian and may give such juvenile or the child, parent or guardian an opportunity of producing such evidence as may be relevant to the matter stated in the report.
(1) Subject to the provisions of this section, any person aggrieved by an order made by a competent authority under this Act may, within thirty days from the date of such order, prefer an appeal to the Court of Session:
Provided that the Court of Session 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.
(2) No appeal shall lie from—
(a) any order of acquittal made by the Board in respect of a juvenile alleged to have committed an offence; or
(b) any order made by a Committee in respect of a finding that a person is not a neglected juvenile.
(3) No second appeal
The High Court may, at any time, either of its own motion or on an application received in this behalf, call for the record of any proceeding in which any competent authority or Court of Session 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 competent authority 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, 1973 (2 of 1974) for trials in summons cases.
(2) Save as otherwise expressly provided by or under this Act, the procedure to be followed in hearing appeals or revision proceedings under this Act shall be, as far as practicable, in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974).
(1) Without prejudice to the provisions for appeal and revision under this Act, any competent authority may, on an application received in this behalf, amend any order as to the institution to which a juvenile or the child is to be sent or as to the person under whose care or supervision a juvenile or the child is to be placed under this Act:
Provided that there shall be at least two members and the parties or its defence present during the course of hearing for passing an amendment in relation to any of its order.
(2) Clerical mistakes in orders passed by a competent authority or errors arising therein from any accidental slip or omission may, at any time, be corrected by the competent authority either on its own motion or on an application received in this behalf.
The competent authority 1[***] may, notwithstanding anything contained in this Act, at any time, order a child in need of care and protection or a juvenile in conflict with law to be discharged or transferred from one children’s home or special home to another, as the case may be, keeping in view the best interest of the child or the juvenile, and his natural place of stay, either absolutely or on such conditions as it may think fit to impose:
Provided that the total period of stay of the juvenile or the child in a childern’s home or a special home or a fit institution or under a fit person shall not be increased by such transfer.
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1. The words “or the local authority” omitted by Act 33 of 2006, sec. 5 (w.e.f. 22-8-2006).
The State Government may direct any child or the juvenile to be transferred from any children’s home or special home within the State to any other children’s home, special home or institution of a like nature or to such institutions outside the state in consultation with the concerned State Government and with the prior intimation to the Committee or the Board, as the case may be, and such order shall be deemed to be operative for the competent authority of the area to which the child or the juvenile is sent.]
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1. Subs. by Act 33 of 2006, sec. 22, for section 57. Section 57, before substitution, stood as under:
“57. Transfer between children’s homes, under the Act, and juvenile homes, of like nature in different parts of I
Where it appears to the competent authority that any juvenile or the child kept in a special home or a children’s home or shelter home or in an institution in pursuance of this Act, is suffering from leprosy or is of unsound mind or is addicted to any narcotic drug or psychotropic substance, the competent authority may order his removal to a leper asylum or mental hospital or treatment centre for drug addicts or to a place of safety for being kept there for such period not exceeding the period for which he is required to be kept under the order of the competent authority or for such further period as may be certified by the medical officer necessary for the proper treatment of the juvenile or the child.
(1) When a juvenile or the child is kept in a children’s home or special home and on a report of a probation officer or social worker or of Government or a voluntary organisation, as the case may be, the competent authority may consider, the release of such juvenile or the child permitting him to live with his parent or guardian or under the supervision of any authorised person named in the order, willing to receive and take charge of the juvenile or the child to educate and train him for some useful trade or calling or to look after him for rehabilitation.
(2) The competent authority may also permit leave of absence to any juvenile or the child, to allow him, on special occasions like examination, marriage of relatives, death of kith and kin or the accident or serious illness of parent or any emergency of like nature, to go on leave under supervision, 1[for a period generally not
(1) The competent authority which makes an order for sending a juvenile or the child to a children’s home or to a special home or placing the juvenile under the care of a fit person or fit institution may make an order requiring the parent or other person liable to maintain the juvenile or the child to contribute to his maintenance, if able to do so, in the prescribed manner according to income.
(2) The competent authority may direct, if necessary, the payment to be made to poor parent or guardian by the Superintendent or the Project Manager of the home to pay such expenses for the journey of the inmate or parent or guardian or both, from the home to his ordinary place of residence at the time of sending the juvenile as may be prescribed.
(1) The State Government 1[***] may create a Fund under such name as it thinks fit for the welfare and rehabilitation of the juvenile or the child 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 State advisory board in such manner and for such purposes as may be prescribed.
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1. The words “or local authority” omitted by Act 33 of 2006, sec. 5 (w.e.f. 22-8-2006).
(1) The Central Government or a State Government may constitute a Central or a State advisory board, as the case may be, to advise that Government on matter relating to the establishment and maintenance of the homes, mobilisation of resources, provision of facilities for education, training and rehabilitation of child in need of care and protection and juvenile in conflict with law and co-ordination among the various official and non-official agencies concerned.
(2) The Central or State advisory board shall consist of such persons as the Central Government or the State Government, as the case may be, may think fit and shall include eminent social workers, representatives of voluntary organisation in the field of child welfare corporate sector, academicians, medical professionals and the concerned Department of the State Government.
(3) T
Every State Government shall constitute a Child Protection Unit for the State and, such Unites for every District, consisting of such officers and other employees as may be appointed by that Government, to take up matters relating to children in need of care and protection and juveniles in conflict with law with a view to ensure the implementation of this Act including the establishment and maintenance of homes, notification of competent authorities in relation to these children and their rehabilitation and co-ordination with various official and non-official agencies concerned.]
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1. Ins. by Act 33 of 2006, sec. 24 (w.e.f. 22-8-2006).
(1) In order to enable the police officers who frequently or exclusively deal with juveniles or are primarily engaged in the prevention of juvenile crime or handling of the juveniles or children under this Act to perform their functions more effectively, they shall be specially instructed and trained.
(2) In every police station at least one officer with aptitude and appropriate training and orientation may be designated as the ‘juvenile or the child welfare officer’ who will handle the juvenile or the child in co-ordination with the police.
(3) Special juvenile police unit, of which all police officers designated as above, to handle juveniles or children will be members, may be created in every district and city to co-ordinate and to upgrade the police treatment of the juveniles and the children.
In any area in which this Act is brought into force, the State Government 1[***] 2[shall direct] that a juvenile in conflict with law who is undergoing any sentence of imprisonment at the commencement of this Act, shall, in lieu of undergoing such sentence, be sent to a special home or be kept in fit institution in such manner as the State Government 1[***] thinks fit for the remainder of the period of the sentence; and the provisions of this Act shall apply to the juvenile as if he had been ordered by the Board to be sent to such special home or institution or, as the case may be, ordered to be kept under protective care under sub-section (2) of section 16 of this Act.
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1. The words “or the local authority” omitted by Act 33 of 2006, sec. 5 (w.e.f. 22-8-2006).
Provisions of Chapter XXXIII of the Code of Criminal Procedure, 1973 (2 of 1974) shall, as far as may be, apply to bonds taken under this Act.
The State Government may, by the general order, direct that any power exercisable by it under this Act shall, in such circumstances and under such conditions, if any, as may be prescribed in the order, be exercisable also by an officer subordinate to that Government 1[***].
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1. The words “or the local authority” omitted by Act 33 of 2006, sec. 5 (w.e.f. 22-8-2006).
No suit or legal proceedings shall lie against the State Government or voluntary organisation running the home or any officer and the staff appointed in pursuance of this Act in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rules or order made thereunder.
(1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act:
1[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 may make rules under this section, and where any such model rules have been framed in respect of any such matter, they shall apply to the State until the rules in respect of that matter is made by the State Government and while making any such rules, so far as is practicable, 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) the term of office of the members of the Board and the m
(1) The Juvenile Justice Act, 1986 (53 of 1986) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Act shall be deemed to have been done or taken under the corresponding provisions of this Act.
Section 69 of the Juvenile Justice (Care and Protection of Children) Act, 2000, deals primarily with the repeal of the Juvenile Justice Act, 1986, and the savings provisions related to actions taken under the earlier law. It plays a crucial role in transitioning from the old to the new legal framework, ensuring continuity of proceedings and protection of rights of juveniles and officials involved.
Section 69 of the Juvenile Justice (Care and Protection of Children) Act, 2000, is a pivotal provision that ensures a smooth legislative transition from the 1986 Act to the 2000 Act. It safeguards actions taken under the repealed law, maintains procedural continuity, and establishes oversight mechanisms for effective implementation. The section embodies principles of legal certainty, juvenile protection, and administrative accountability, aligning domestic law with international juvenile justice standards. Its proper understanding and application are essential for safeguarding juvenile rights and ensuring the integrity of juvenile justice proceedings during legislative change.
(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 the section shall be laid, as soon as may be after it is made, before each House of Parliament.
Section 70 of the Juvenile Justice (Care and Protection of Children) Act, 2015, delineates the powers conferred upon authorities to issue instructions, guidelines, and directions to various child care institutions, including Specialised Adoption Agencies and Children’s Homes. This section aims to facilitate the effective implementation of the Act’s provisions, ensuring proper care, protection, and rehabilitation of children in conflict with law or in need of care and protection.
Section 70 authorizes the authorities to:- Issue instructions and guidelines to child care institutions, including adoption agencies and homes.- Ensure the proper functioning of such institutions.- Exercise oversight and control over the management and functioning of these institutions.- Facilitate the implementation of policies and programmes related to child welfare.- Issue directions to ensure the welfare and best interests of children, including those in conflict with law or in need of care.
Section 70 itself does not specify any punishment for violations or non-compliance with instructions issued under it. However, violations of directions or guidelines issued by authorities could attract penalties under other provisions of the Act or related laws, such as Section 75 (penal provisions for contravention of provisions of the Act).
In summary, Section 70 is a crucial enabling provision that empowers authorities to issue instructions and guidelines to ensure the effective, child-friendly, and rights-based implementation of the Juvenile Justice (Care and Protection of Children) Act, 2015.
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