JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2000
(1) ThisAct may be called the Juvenile Justice(Care and Protection of Children) Act, 2000.
(2) Itextends to the whole of India except the State of Jammu and Kashmir.
(3) It shall comeinto force on such date1 as the Central Government may,by notification in the Official Gazette, appoint.
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1. Cameinto force on 1-4-2001, vide S.O. 177(E),dated 28th February, 2001, published in the Gazette of India, Extra., Pt. II, Sec. 3(ii), dated 28thFebruary, 2001.
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;
(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;
(ii) exposing or exhibiting with the object of obtaining or extorting alms, any sore, wound, injury, deformity or disease, whether of himself or of any other person or of an animal;
(c) "Board" means a Juvenile Justice Board constituted under section 4;
(d) "child in n
Wherean inquiry has been initiated against a juvenile in conflict with law or achild in need of care and protection and during the course of such inquiry thejuvenile or the child ceases to be such, then, notwithstanding anythingcontained in this Act or in any other law for the time being inforce, the inquiry may be continued and orders may be made in respectof such person as if such person had continued to be a juvenile or a child.
(1) Notwithstanding anythingcontained in the Code of Criminal Procedure, 1973 (2 of 1974), theState Government may, by notification in the Official Gazette, constitute for adistrict or a group of districts specified in the notification, one or moreJuvenile Justice Boards for exercising the powers and discharging theduties conferred or imposed on such Boards in relation to juvenilesin conflict with law under this Act.
(2) A Board shallconsist of a Metropolitan Magistrate or a Judicial Magistrate of the firstclass, as the case may be, and two social workers of whom at least one shall be awoman, forming a Bench and every suchBench shall havethe powers conferred by the Code of Criminal Procedure, 1973 (2 of 1974), on aMetropolitan Magistrate or, as the case may be, a Judicial Magistrate of thefirst class and the Magistrate on the Board shall bedesignated as the principal Magistrate.
(1) The Board shall meet atsuch times and shall observe such rules of procedure in regard tothe transaction of business at its meetings, as may be prescribed.
(2) A childin conflict with law may be produced before an individual member ofthe Board, when theBoard is not sitting.
(3) A Board mayact notwithstanding the absence of any member of the Board, andno order made by the Board shall beinvalid by reason only of the absence of any member during any stage ofproceedings:
Providedthat there shall be at least two members including the principalMagistrate present at the time of final disposal of the case.
(4) In theevent of any difference of opinion among the members of the Board inthe interim or final disposition, the opinion of the majority shallpreva
(1) Where a Board hasbeen constituted for any district or a group of districts, such Board shall,notwithstanding anything contained in any other law for the time being inforce but save as otherwise expressly provided in this Act, have power todeal exclusively with all proceedings under this Act relating to juvenile inconflict with law.
(2) Thepowers conferred on the Board by or under this Act mayalso be exercised by the High Court and the Court ofSession, when the proceeding comes before them in appeal, revision or otherwise.
(1) When any Magistrate notempowered to exercise the powers of a Board under this Act is of theopinion that a person brought before him under any of the provisionsof this Act (other than for the purpose of giving evidence), is a juvenile orthe child, he shall without any delay record such opinion andforward the juvenile or the child and the record of the proceeding to thecompetent authority having jurisdiction over the proceeding.
(2) Thecompetent authority to which the proceeding is forwarded under sub-section(1) shall holdthe inquiry as if the juvenile or the child had originally been brought beforeit.
(1) Any State Government may establish and maintaineither by itself or under an agreement with voluntary organisations,observation homes in every district or a group of districts, as may be requiredfor the temporary reception of any juvenile in conflict with law during thependency of any inquiry regarding them under this Act.
(2) Wherethe State Government is of opinion that any institution other thana home established or maintained under sub-section (1), is fitfor the temporary reception of juvenile in conflict with law during thependency of any inquiry regarding them under this Act, it may certify suchinstitution as an observation home for the purposes of this Act.
(3) TheState Government may, by rules made under this Act, provide for the managementof observation homes, including the standards and various types of services tobe provided
(1) AnyState Government may establish and maintain either by itself or under anagreement with voluntary organisations, special homes in every district or agroup of districts, as may be required for reception and rehabilitation ofjuvenile in conflict with law under this Act.
(2) Wherethe State Government is of opinion that any institution other thana home established or maintained under sub-section (1), is fitfor the reception of juvenile in conflict with law to be sent there under thisAct, it may certify such institution as a special home for the purposes of thisAct.
(3) TheState Government may, by rules made under this Act, provide for the managementof special homes, including the standards and various types of services to beprovided by them which are necessary for re-socialisation of a juvenile, andthe circumstances under which, and th
(1) As soon as a juvenile inconflict with law is apprehended by police, he shall be placed under thecharge of the specialjuvenile police unit or the designated police officer who shallimmediately report the matter to a member of the Board.
(2) TheState Government may make rules consistent with this Act,--
(i)to provide for persons through whom (including registered voluntaryorganisations) any juvenile in conflict with law may be produced before the Board;
(ii)to provide the manner in which such juvenile may be sent to an observationhome.
Any person in whose charge a juvenile isplaced in pursuance of this Act shall, while the order isin force have the control over the juvenile as he would have if he were hisparents, and shall be responsible for hismaintenance, and the juvenile shall continue in his chargefor the period stated by competent authority, notwithstanding that he isclaimed by his parents or any other person.
(1) When anyperson accused of a bailable or non-bailable offence, and apparently ajuvenile, is arrested or detained or appears or is brought before a Board, suchperson shall, notwithstanding anything contained in the Codeof Criminal Procedure, 1973 (2 of 1974) or inany other law for the time being in force, be released onbail with or without surety but he shall not be so released ifthere appear reasonable grounds for believing that the release is likely tobring him into association with any known criminal orexpose him to moral, physical or psychological danger orthat his release would defeat the ends of justice.
(2) Whensuch person having been arrested is not released on bail under sub-section(1)by the officer incharge of the police station, such officer shallcause him to be kept only in an observation home in theprescribed manner until he can be brought before a Board.
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Where a juvenile is arrested,the officer incharge of the police station or the special juvenile police unitto which the juvenile is brought shall, as soon as may be afterthe arrest, inform--
(a)the parent or guardian of the juvenile, if he can be found of such arrest and direct him to bepresent at the Board before which the juvenile will appear; and
(b)the probation officer of such arrest to enable him to obtain informationregarding the antecedents and family background of the juvenile and othermaterial circumstances likely to be of assistance to the Board formaking the inquiry.
Where a juvenile having been charged with theoffence is produced before a Board, the Board shall holdthe inquiry in accordance with the provisions of this Act and may make such order inrelation to the juvenile as it deems fit:
Providedthat an inquiry under this section shall be completed within aperiod of four months from the date of its commencement, unless the period isextended by the Board having regard to the circumstances of the caseand in special cases after recording the reasons in writing for such extension.
(1) Where a Board issatisfied on inquiry that a juvenile has committed an offence, then,notwithstanding anything to the contrary contained in any other lawfor the time being in force, the Board may, if it so thinksfit,--
(a)allow the juvenile to go home after advice or admonition following appropriateinquiry 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 topay a fine, if he is over fourteen years of age and earns money;
(e)direct the juvenile to be released on probation of good conduct and
(1) Notwithstanding anything tothe contrary contained in any other law for the time being inforce, no juvenile in conflict with law shall be sentenced to death orlife imprisonment, or committed to prison in default of payment of fine or indefault of furnishing security:
Providedthat where a juvenile who has attained the age of sixteen years has committedan offence and the Board is satisfied that the offence committed is soserious in nature or that his conduct and behaviour havebeen such that it would not be in his interest or in the interestof other juvenile in a special home to send him to such special home andthat none of the other measures provided under this Act is suitable orsufficient, the Board may order the juvenile in conflictwith law to be kept in such place of safety and in such manner as it thinks fitand shall report the case for the order ofthe State Government.
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Notwithstanding anything to the contrary contained in theCode of Criminal Procedure, 1973 (2 of 1974) noproceeding shall be instituted and no order shall bepassed against the juvenile under Chapter VIII of the said Code.
(1) Notwithstanding anythingcontained in section 223 of the Code of Criminal Procedure,1973 (2 of 1974) or inany other law for the time being in force, no juvenile shall becharged with or tried for any offence together with a person who is not ajuvenile.
(2) If ajuvenile is accused of an offence for which under section 223 of theCode of Criminal Procedure, 1973 (2 of 1974) orany other law for the time being in force, such juvenile andany 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 thatoffence shall direct separate trials of the juvenile and the otherperson.
(1)Notwithstanding anything contained in any other law, a juvenile who hascommitted an offence and has been dealt with under the provisions of this Act shall notsuffer disqualification, if any, attaching to a conviction of an offence undersuch law.
(2) The Board shall makean order directing that the relevant records of such conviction shall beremoved after the expiry of the period of appeal or a reasonable period asprescribed under the rules, as the case may be.
Notwithstanding anythingcontained in this Act, all proceedings in respect of a juvenile pending in anycourt in any area on the date on which this Act comes into force in that area, shall becontinued in that court as if this Act had not been passed and if the courtfinds that the juvenile has committed an offence, it shallrecord such finding and instead of passing any sentence in respect of thejuvenile, forward the juvenile to the Board which shall pass orders inrespect of that juvenile in accordance with the provisions of this Act as if ithad been satisfied on inquiry under this Act that a juvenile has committed theoffence.
(1) No report in any newspaper, magazine, news-sheetor visual media of any inquiry regarding a juvenile in conflictwith law under this Act shall disclose the name,address or school or any other particulars calculated tolead to the identification of the juvenile nor shall any picture of any suchjuvenile be published:
Providedthat for reasons to be recorded in writing the authority holding the inquirymay permit such disclosure, if in its opinion such disclosure is in theinterest of the juvenile.
(2) Anyperson contravening the provisions of sub-section(1) shallbe punishable with fine, which may extend to one thousand rupees.
Notwithstanding anything to the contrary contained in any other lawfor the time being in force, any police officer may take charge without warrantof a juvenile in conflict with law who has escaped from a special home or anobservation home or from the care of a person under whom he was placed underthis Act, and shall be sent back to the special home or theobservation home or that person, as the case may be; and no proceeding shall beinstituted in respect of the juvenile by reason of such escape, but the specialhome, or the observation home or the person may, after giving the informationto the Board which passed the order in respect of thejuvenile, take such steps in respect of the juvenile as may be deemed necessaryunder the provisions of this Act.
Whoever, having the actual chargeof, or control over, a juvenile or the child, assaults, abandons, exposes orwilfully neglects the juvenile or causes or procures him to beassaulted, abandoned, exposed or neglected in a manner likely to cause suchjuvenile or the child unnecessary mental or physical suffering shall bepunishable with imprisonment for a term which may extend to six months, orfine, or with both.
(1) Whoever employs or uses any juvenile or the childfor the purpose or causes any juvenile to beg shall be punishable withimprisonment for a term which may extend to three years and shall alsobe liable to fine.
(2) Whoever,having the actual charge of, or control over, a juvenile or the child abets thecommission of the offence punishable under sub-section (1), shall bepunishable with imprisonment for a term which may extend to one year and shall alsobe liable to fine.
Whoever gives, or causes to begiven, to any juvenile or the child any intoxicating liquor in a public placeor any narcotic drug or psychotropic substance except upon the order of dulyqualified medical practitioner or in case of sickness shall bepunishable with imprisonment for a term which may extend to three years and shall alsobe liable to fine.
Whoever ostensibly procures a juvenileor the child for the purpose of any hazardous employment keeps him inbondage and withholds his earnings or uses such earning for his ownpurposes shall be punishable with imprisonment for a termwhich may extend to three years and shall also be liable to fine.
The offences punishable under sections23, 24, 25 and 26 shall becognizable.
Where an act or omission constitute an offence punishableunder this Act and also under any other Central or State Act, then,notwithstanding anything contained in any law for the time being in force, theoffender found guilty of such offences shall be liable to punishmentonly under such Act as provides for punishment which is greater in degree.
(1) The State Government may, by notification in Official Gazette, constitute for every district or group of districts, specified in the notification, 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 of any member of the Committee may be terminated, after holding inquiry, by the State Gover
(1) The Committee shall meet atsuch times and shall observe such rules of procedure in regard tothe transaction of business at its meetings, as may be prescribed.
(2) A childin need of care and protection may be produced before an individual member forbeing placed in safe custody or otherwise when the Committee isnot in session.
(3) In theevent of any difference of opinion among the members of the Committee at thetime of any interim decision, the opinion of the majority shallprevail but where there is no such majority the opinion of theChairperson shall prevail.
(4) Subject to theprovisions of sub-section (1), the Committee may act,notwithstanding the absence of any member of the Committee, and no order madeby the Committee shall be invalid by reason only of the absence of any memberduring any
(1) The Committee shall have the final authorityto dispose of cases for the care, protection, treatment, development andrehabilitation of the children as well as to provide for their basic needs andprotection of human rights.
(2) Where aCommittee has been constituted for any area, such Committee shall,notwithstanding anything contained in any other law for the time being inforce but save as otherwise expressly provided in this Act, have the powerto deal exclusively with all proceedings under this Act relating to children inneed of care and protection.
(1) Any child in need of care andprotection may be produced before the Committee by one of the followingpersons:--
(i)any police officer or special juvenile police unit or a designated policeofficer; (ii) any public servant;
(iii)childline, a registered voluntary organisation or by such othervoluntary organisation or an agency as may be recognised by the StateGovernment;
(iv)any social worker or a public spirited citizen authorised by the StateGovernment; or
(v)by the child himself.
(2) TheState Government may make rules consistent with this Act to provide for themanner of making the report to the police and to the Committee and the mannerof sending and entrusting the child to children's home pending the
(1) On receipt of a report under section32, theCommittee or any police officer or special juvenile police unit or thedesignated police officer shall hold an inquiry in theprescribed manner and the Committee, on its own or on the report from anyperson or agency as mentioned in sub-section (1) ofsection 32, may pass an order to send the child to thechildren's home for speedy inquiry by a social worker or child welfare officer.
(2) Theinquiry under this section shall be completed within fourmonths of the receipt of the order or within such shorterperiod as may be fixed by the Committee:
Providedthat the time for the submission of the inquiry report may be extended bysuch period as the Committee may, having regard to the circumstances and forthe reasons recorded in writing, determine.
(3) Afterthe
(1) The State Government mayestablish and maintain either by itself or in association with the voluntaryorganisations, children's homes, in every district or group of districts, asthe case may be, for the reception of child in need of care and protectionduring the pendency of any inquiry and subsequently for their care,treatment, education, training, development and rehabilitation.
(2) TheState Government may, by rules made under this Act, provide for the managementof children's homes including the standards and the nature of services to beprovided by them, and the circumstances under which, and the manner in which,the certification of a children's home or recognition to a voluntaryorganisation may be granted or withdrawn.
(1) TheState Government may appoint inspection committees for the children's homes (hereinafterreferred 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) Theinspection committee of a State, district or of a city shallconsist of such number of representatives from the State Government, localauthority, Committee, voluntary organisations and such other medicalexperts and social workers as may be prescribed.
The Central Government or State Government may monitor andevaluate the functioning of the Children's homes at such period and throughsuch persons and institutions as may be specified by that Government.
(1) The State Government may recognise, reputed andcapable voluntary organisations and provide them assistance to set up andadminister as many shelter homes for juveniles or children as may berequired.
(2) The shelterhomes referred in sub-section (1) shall function as drop-in-centresfor the children in the need of urgent support who have been brought to suchhomes through such persons as are referred to in sub-section (1) ofsection 32.
(3) As faras possible, the shelter homes shall have such facilities asmay be prescribed by the rules.
(1) Ifduring the inquiry it is found that the child hails from the place outside thejurisdiction of the Committee, the Committee shall order thetransfer of the child to the competent authority having jurisdiction over theplace of residence of the child.
(2) Suchjuvenile or the child shall be escorted by the staff of the homein which he is lodged originally.
(3) TheState Government may make rules to provide for the travelling allowance to bepaid to the child.
(1) Restoration of and protection to a child shall bethe prime objective of any children's home or the shelter home.
(2) Thechildren's home or a shelter home, as the case may be, shall takesuch steps as are considered necessary for the restoration of and protection toa child deprived of his family environment temporarily or permanentlywhere such child is under the care and protection of a children's home or a shelterhome, as the case may be.
(3) TheCommittee shall have the powers to restore any child in need ofcare and protection to his parent, guardian, fit person or fit institution,as the case may be, and give them suitable directions.
Explanation.--Forthe purposes of this section "restoration of child" meansrestoration to--
(a)parents;
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The rehabilitation and socialreintegration of a child shall begin during the stay ofthe child in a children's home or special home and the rehabilitation andsocial reintegration of children shall be carried outalternatively by (i) adoption, (ii) foster care, (iii) sponsorship, and (iv)sending the child to an after-care organisation.
(1) Theprimary responsibility for providing care and protection to children shall bethat of his family.
(2) Adoption shall beresorted to for the rehabilitation of such children as are orphaned, abandoned,neglected and abused through institutional and non-institutional methods.
(3) Inkeeping with the provisions of the various guidelines for adoption issued fromtime to time by the State Government, the Board shall beempowered to give children in adoption and carry out such investigations as arerequired for giving children in adoption in accordance with the guidelinesissued by the State Government from time to time in this regard.
(4) Thechildern's homes or the State Government run institutions for orphans shall berecognised as an adoption agencies both for scrutiny and placement of suchchildren
(1) The foster care may be usedfor temporary placement of those infants who are ultimately to be given foradoption.
(2) Infoster care, the child may be placed in another family for a short orextended period of time, depending upon the circumstances where the child's ownparent usually visit regularly and eventually after the rehabilitation, wherethe children may return to their own homes.
(3) TheState Government may make rules for the purposes of carrying out the scheme offoster care programme of children.
(1) Thesponsorship programme may provide supplementary support to families, tochildren's homes and to special homes to meet medical,nutritional, educational and other needs of the childrenwith a view to improving their quality of life.
(2) TheState Government may make rules for the purposes of carrying out variousschemes of sponsorship of children, such as individual to individualsponsorship, group sponsorship or community sponsorship.
The State 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 child, the period of su
The State Government may make rules to ensureeffective linkages between various governmental, non-governmental, corporateand other community agencies for facilitating therehabilitation and social reintegration of the child.
Any competent authoritybefore which a juvenile or the child is brought under any of the provisions ofthis Act, may, whenever it so thinks fit, require any parent or guardian havingthe actual charge of or control over the juvenile or the child to be present atany proceeding in respect of the juvenile or the child.
If, at any stage during thecourse of an inquiry, a competent authority is satisfied that the attendance ofthe juvenile or the child is not essential for the purpose of inquiry, thecompetent authority may dispense with his attendance and proceed withthe inquiry in the absence of the juvenile or the child.
(1) When a juvenile or the child who has been broughtbefore a competent authority under this Act, is found to be suffering from adisease requiring prolonged medical treatment or physicalor mental complaint that will respond to treatment, the competent authoritymay send the juvenile or the child to any place recognised to be an approvedplace in accordance with the rules made under this Act for such period as itmay think necessary for the required treatment.
(2) Where ajuvenile or the child is found to be suffering from leprosy, sexuallytransmitted disease, Hepatitis B, open cases of Tuberculosisand such other diseases or is of unsound mind, he shall bedealt with separately through various specialised referral services or underthe relevant laws as such.
(1) Where it appears to acompetent authority that person brought before it under any of the provisionsof this Act (otherwise than for the purpose of giving evidence) is a juvenileor the child, the competent authority shall make due inquiry so as tothe age of that person and for that purpose shall take such evidence as maybe necessary (but not an affidavit) and shall record a finding whetherthe person is a juvenile or the child or not, stating his age asnearly as may be.
(2) No order of acompetent authority shall be deemed to have become invalid merely byany subsequent proof that the person in respect of whomthe 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 sobrought before it, shall for the purpose of this Act, be deemed to bethe true age of that person.
In the case of a juvenile orthe child, whose ordinary place of residence lies outside thejurisdiction of the competent authority before which he is brought, the competentauthority may, if satisfied after due inquiry that it is expedient so to do,send the juvenile or the child back to a relative or otherperson who is fit and willing to receive him at his ordinaryplace of residence and exercise proper care and control over him,notwithstanding that such place of residence is outside the jurisdiction of thecompetent authority; and the competent authority exercising jurisdiction overthe place to which the juvenile or the child is sent shall inrespect of any matter arising subsequently have the samepowers in relation to the juvenile or the child as if the original order hadbeen passed by itself.
The report of the probation officer orsocial worker considered by the competent authority shall betreated as confidential:
Providedthat the competent authority may, if it so thinks fit, communicate the substancethereof to the juvenile or the child or his parent or guardian and maygive such juvenile, or the child, parent or guardian an opportunity ofproducing such evidence as may be relevant to the matter stated in the report.
(1) Subject tothe provisions of this section, any person aggrieved by an order madeby a competent authority under this Act may, within thirty days from the dateof such order, prefer an appeal to the Court of Session:
Providedthat the Court of Session may entertain the appeal after the expiry of the saidperiod of thirty days if it is satisfied that the appellant was prevented bysufficient cause from filing the appeal in time.
(2) Noappeal shall lie from--
(a)any order of acquittal made by theBoard inrespect of a juvenile alleged to have committed an offence; or
(b)any order made by a Committee in respect of a finding thata person is not a neglected juvenile.
(3) Nosecond appeal shall lie from any order of
The High Courtmay, at any time, either of its own motion or on an application received inthis behalf, call for the record of any proceeding in which any competentauthority or Court of Session has passed an order for the purpose ofsatisfying itself as to the legality or propriety of any such order andmay pass such order in relation thereto as it thinks fit:
Providedthat the High Court shall not pass an orderunder this section prejudicial to any person without giving him areasonable opportunity of being heard.
(1) Save as otherwise expressly provided bythis Act, a competent authority whileholding any inquiryunder any of the provisions of this Act, shall follow such procedure asmay 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) fortrials in summons cases.
(2) Save as otherwiseexpressly provided by or under this Act, the procedure to be followed in hearingappeals or revision proceedings under this Act shall be, as far aspracticable, in accordance with the provisions of the Code of CriminalProcedure, 1973 (2 of 1974).
(1) Without prejudice to theprovisions for appeal and revision under this Act, any competent authority may,on an application received in this behalf, amend any order asto the institution to which a juvenile or the child is to be sent or as to theperson under whose care or supervision a juvenile or the child is to be placedunder this Act:
Providedthat there shall be at least two members and the parties or itsdefence present during the course of hearing for passing an amendment inrelation to any of its order.
(2) Clericalmistakes in orders passed by a competent authority or errorsarising therein from any accidental slip or omission may, at any time, becorrected by the competent authority either on its own motion or on anapplication received in this behalf.
Thecompetent authority or the local authority may, notwithstanding anythingcontained in this Act, at any time, order a child in need of careand protection or a juvenile in conflict with law to be discharged ortransferred 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 thejuvenile, and his natural place of stay, either absolutely or onsuch conditions as it may think fit to impose:
Providedthat the total period of stay of the juvenile or the child in a childern's homeor a special home or a fit institution or under a fit person shall notbe increased by such transfer.
The State Government or the local authoritymay direct any child or the juvenile to be transferred from any children's homeor special home outside the State to any other children's home, specialhome or institution of a like nature with the prior intimation to the localCommittee or the Board, as the case may be, and such order shall bedeemed to be operative for the competent authority of the area to which thechild or the juvenile is sent.
Whereit appears to the competent authority that any juvenile or the child kept in aspecial home or a children's home or shelter home or in aninstitution in pursuance of this Act, is suffering from leprosy or is ofunsound mind or is addicted to any narcotic drug or psychotropic substance,the competent authority may order hisremoval to a leper asylum or mental hospital or treatment centrefor drug addicts or to a place of safety for being keptthere for such period not exceeding the period for which he is required to bekept under the order of the competent authority or for such furtherperiod as may be certified by the medical officer necessary forthe proper treatment of the juvenile or the child.
(1) When a juvenile orthe child is kept in a children's home or special home and on a report of aprobation officer or social worker or of Government or a voluntaryorganisation, as the case may be, the competent authority may consider, therelease of such juvenile or the child permitting him to live with his parentor 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 andtrain him for some useful trade or calling or to look after him forrehabilitation.
(2) Thecompetent authority may also permit leave of absence to any juvenile or thechild, to allow him, on special occasions like examination, marriageof relatives, death of kith and kin or the accident or serious illness ofparent or any emergency of like nature, to go on leave under supervision, formaximum seven days, excluding the time
(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) TheState Government or local authority may create a Fund under such name as itthinks fit for the welfare and rehabilitation of the juvenile or the childdealt with under this Act.
(2) There shall becredited to the Fund such voluntary donations, contributions or subscriptionsas may be made by any individual or organisation.
(3) TheFund created under sub-section (1) shall be administered by theState advisory board in such manner and for such purposes as may be prescribed.
(1) The CentralGovernment or a State Government mayconstitute a Central or a State advisory board, as the case may be, to advisethat Government on matter relating to the establishment and maintenance of the homes,mobilisation of resources, provision of facilities for education, training andrehabilitation of child in need of care and protection and juvenile in conflictwith law and co-ordination among the various official and non-official agenciesconcerned.
(2) TheCentral or State advisory board shall consist of such personsas the Central Government or the State Government, as the case may be, maythink fit and shall include eminent social workers, representativesof voluntary organisation in the field of child welfare corporate sector,academicians, medical professionals and the concerned Department ofthe State Government.
(3) Thedistrict or
(1) In order toenable the police officers who frequently or exclusively deal with juveniles orare primarily engaged in the prevention of juvenile crime or handling of thejuveniles or children under this Act to perform their functions moreeffectively, they shall be specially instructed and trained.
(2) In everypolice station at least one officer with aptitude and appropriate training andorientation 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) Specialjuvenile police unit, of which all police officers designated as above, tohandle juveniles or children will be members, may be created inevery district and city to co-ordinate and to upgrade the police treatment ofthe juveniles and the children.
Inany area in which this Act is brought into force, the State Government or thelocal authority may direct that a juvenile in conflict with law who isundergoing any sentence of imprisonment at the commencement of this Act, shall, inlieu of undergoing such sentence, be sent to a special home or be kept in fitinstitution in such manner as the StateGovernment or the local authority thinks fit for the remainder of the period ofthe sentence; and the provisions of this Act shall apply to the juvenile asif he had been ordered by theBoard to be sent to such specialhome or institution or, as the case may be, ordered to be kept underprotective care under sub-section (2) of section 16 of this Act.
Provisions of Chapter XXXIII of the Codeof Criminal Procedure, 1973 (2 of 1974) shall, asfar as may be, apply to bonds taken underthis Act.
The State Government may, by the general order,direct that any power exercisable by it under this Act shall, insuch circumstances and under such conditions, if any, as may be prescribed inthe order, be exercisable also by an officer subordinateto that Government or the local authority.
No suit or legal proceedings shall lieagainst the State Government or voluntary organisation running the home or anyofficer and the staff appointed in pursuance of this Act in respect of anythingwhich is in good faith done or intended to be done in pursuance of this Act orof any rules or order madethereunder.
(1) The State Government may, by notification in theOfficial Gazette, make rules to carry out the purposes of this Act.
(2) Inparticular, 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 andthe manner in which such member may resign under sub-section(4)of section 4;
(ii)the time of the meetings of theBoard and the rules of procedurein regard to the transaction of business at its meeting under sub-section(1)of section 5;
(iii)the management of observation homes including the standards and various typesof services to be provided by them and the circumstances in which and themanner in which, the certification of the
(1) The Juvenile Justice Act,1986 (53 of 1986) ishereby repealed.
(2)Notwithstanding such repeal, anything done or any action taken under the saidAct shall be deemed to have been done or taken under thecorresponding provisions of thisAct.
(1) If any difficulty arises ingiving effect to the provisions of this Act, the Central Government may, by order, notinconsistent with the provisions of this Act, remove the difficulty:
Providedthat no such order shall be made after the expiryof the period of two years from the commencement of this Act.
(2) However, order madeunder the section shall be laid, as soon as may be after it is made,before each House of Parliament.
CHARTER
NATIONAL CHARTER FOR CHILDREN, 20031
The Government of India have had for consideration the question of adopting a National Charter for Children to reiterate its commitment to the cause of the children in order to see that no child remains hungry, illiterate or sick. After th
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