JUVENILE JUSTICE ACT, 1986
(1) This Act may be called the Juvenile Justice Act, 1986.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act and for different States.
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1. Enforced w.e.f. 2nd October, 1987, vide G.S.R. 710(E), dated 13th August, 1987.
In this Act, unless the context otherwise requires, --
(a) "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 the pretence of singing, dancing, fortune-telling, performing tricks or selling articles or otherwise;
(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;
(iii) allowing oneself to be used as an exhibit for the purpose of soliciting or receiving alms ; -
(b) "Board" means a Juvenile Welfare Board constituted under Sec. 4;
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Section 2 of the Juvenile Justice Act, 1986, provides key definitions that underpin the entire framework of juvenile justice in India. It delineates the scope of who qualifies as a juvenile, the relevant age, and related terms, thereby shaping procedures for inquiry, trial, and rehabilitation. The Act aims to address the special needs of minors in conflict with law and children in need of care and protection.
Section 2 contains multiple subsections defining critical terms:- Section 2(h): Defines "juvenile" as a boy who has not attained 16 years or a girl who has not attained 18 years of age.- Section 2(k): Defines "juvenile in conflict with law" as a juvenile who has committed an offence but has not completed 18 years of age.- Section 2(l): Defines "neglected juvenile" as a juvenile found begging, without a home, or in need of care.- Section 2(e): Defines "delinquent juvenile" as a juvenile who has committed an offence.
The section emphasizes the importance of the age of the juvenile at the time of the offence and at the time of trial.
This commentary synthesizes the legal provisions, judicial interpretations, and procedural safeguards related to Section 2 of the Juvenile Justice Act, 1986, highlighting the importance of accurate age determination and its profound impact on juvenile justice.
Where an inquiry has been initiated against a juvenile and during the course of such inquiry the juvenile ceases to be such, then, notwithstanding anything contained in this Act or in any other law for the time being in force, inquiry may be continued and orders may be made in respect of such person as if such person had continued to be a juvenile.
(1) The State Government may, by notification in the Official Gazette, constitute for any area specified in the notification, one or more Juvenile Welfare Boards for exercising the powers and discharging the duties conferred or imposed on such Board in relation to neglected juveniles under this Act.
(2) A Board shall consist of a Chairman and such other members as the State Government thinks fit to appoint, of whom not less than one shall be a woman; and every such member shall be vested with the powers of a Magistrate under the Code of Criminal Procedure, 1973 (2 of 1974).
(3) The Board shall function as a Bench of Magistrates and shall have the powers conferred by the Code of Criminal Procedure, 1973 (2 of 1974), on a Metropolitan Magistrate or, as the case may be, a Judicial Magistrate of the first class.
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the State Government may, by notification in the Official Gazette, constitute for any area specified in the notification, one or more Juvenile Courts for exercising the powers and discharging the duties conferred or imposed on such Court in relation to delinquent juveniles under this Act.
(2) A Juvenile Court shall consist of such number of Metropolitan Magistrates or Judicial Magistrates of the first class, as the case may be, forming a Bench as the State Government thinks fit to appoint, of whom one shall be designated as the Principal Magistrate; and every such Bench shall have the powers conferred by the Code of Criminal Procedure, 1973 (2 of 1974), on a Metropolitan Magistrate or, as the case may be, Judicial Magistrate of the first class.
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(1) In the event of any difference of opinion among the members of a Board or among the Magistrates of a Juvenile Court, the opinion of the majority shall prevail, but where there is no such majority, the opinion of the Chairman or of the Principal Magistrate as the case may be, shall prevail.
(2) A Board or Juvenile Court may act notwithstanding the absence of any member of the Board or, as the case may be, any Magistrate of the Juvenile Court, and no order made by the Board or Juvenile Court shall be invalid by reason only of the absence of any member or Magistrate, as the case may be, during any stage of the proceeding.
(3) No person shall be appointed as a member of the Board or as a Magistrate in the Juvenile Court unless he has, in the opinion of the State Government, special knowledge of child psychology and child welfare.
(1) Where a Board or a Juvenile Court has been constituted for any area, such Board or Court, 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 neglected juveniles or delinquent juveniles, as the case may be :
Provided that a Board or a Juvenile Court may, if it is of opinion that it is necessary so to do having regard to the circumstances of the case, transfer any proceedings to any Juvenile Court or Board, as the case may be:
Provided further that where there is any difference of opinion between a Board and a Juvenile Court regarding the transfer of any proceedings under the first proviso, it shall be referred to the Chief Metropolitan Magistrate or, as the case may be,
Section 7 of the Juvenile Justice Act, 1986, delineates the powers and procedures concerning the Juvenile Court and the Juvenile Welfare Boards, emphasizing the exclusive jurisdiction of specialized juvenile courts and the procedure for handling cases involving juveniles. It aims to ensure that juveniles are dealt with under a welfare-oriented approach, prioritizing rehabilitation over punishment.
Section 7 of the Juvenile Justice Act, 1986, is a cornerstone provision that consolidates the jurisdictional framework for juvenile cases, emphasizing the exclusive role of specialized juvenile courts and authorities. The law aims to uphold the principles of rehabilitation, procedural fairness, and legal certainty, preventing general courts from overreach. Courts and authorities must strictly adhere to prescribed procedures, especially for age determination, to ensure that juveniles are protected from wrongful trial and punishment, aligning with constitutional and human rights principles.
(1) When any Magistrate not empowered to exercise the powers of a Board or a Juvenile Court under this Act is of opinion that a person brought before him under any of the provisions of this Act (otherwise than for the purpose of giving evidence) is a juvenile, he shall record such opinion and forward the juvenile 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 had originally been brought before it.
Section 8 of the Juvenile Justice Act, 1986, delineates the procedure to be followed by a Magistrate not empowered under the Act when dealing with juveniles. It emphasizes the importance of proper age determination and the role of the Magistrate in safeguarding the rights of juveniles during criminal proceedings. The section aims to ensure that juveniles are dealt with in a manner consistent with the objectives of the Juvenile Justice system, emphasizing inquiry, record, and forwarding to the appropriate authority.
Section 8 mandates that when a Magistrate, who is not empowered to exercise the powers of a Juvenile Court or Board, encounters a person brought before him who appears to be a juvenile, he must:- Record his opinion regarding the juvenile’s age.- Forward the juvenile and the record of the proceeding to the competent authority (Juvenile Court or Board).- The competent authority shall then conduct an inquiry as if the juvenile had been originally brought before it.
It also provides that the Magistrate may call upon the accused to lead evidence regarding his age, ensuring a fair and just determination.
Section 8 applies to cases where the Magistrate, not empowered under the Juvenile Justice Act, encounters a juvenile or a person who claims to be a juvenile. It ensures that:- The juvenile's age is properly ascertained before proceeding with trial.- The juvenile is forwarded to the appropriate Juvenile Court or Board.- The procedure safeguards the rights of juveniles, preventing their wrongful trial in ordinary courts.- The section acts as a safeguard to prevent miscarriage of justice by ensuring proper age determination.
While Section 8 itself does not prescribe a direct punishment, failure to adhere to its provisions can lead to:- The order being declared invalid or void ab initio, as seen in several judgments.- The trial or proceedings being quashed or remanded.- Possible contempt or disciplinary action against the Magistrate for non-compliance with statutory obligations.
Section 8 of the Juvenile Justice Act, 1986, plays a pivotal role in ensuring that juveniles are correctly identified and dealt with in accordance with the law. It emphasizes active judicial inquiry, proper recording of opinions, and forwarding to the appropriate juvenile authority. Courts have consistently underscored that non-compliance or superficial inquiry under this section jeopardizes the legality of proceedings, reinforcing the protective intent of juvenile law. Proper implementation safeguards juvenile rights and aligns with the broader objectives of the Juvenile Justice system.
(1) The State Government may establish and maintain as many juvenile homes as may be necessary for the reception of neglected juveniles 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 the neglected juveniles to be sent there under this Act, it may certify such institution as a juvenile home for the purposes of this Act.
(3) Every juvenile home to which a neglected juvenile is sent under this Act shall not only provide the juvenile with accommodation, maintenance and facilities for education, vocational training and rehabilitation, but also provide him with facilities for the development of his character and abilities and give him necessary training for protecting himself against moral danger or exploitation and
(1) The State Government may establish and maintain as many special homes as may be necessary for the reception of delinquent juveniles 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 the delinquent juveniles to be sent there under this Act, it may certify such institution as a special home for the purposes of this Act.
(3) Every special home to which a delinquent juvenile is sent under this Act shall not only provide the juvenile with accommodation, maintenance and facilities for education, vocational training and rehabilitation, but also provide him with facilities for the development of his character and abilities and give him necessary training for his reformation and shall also perform such other functions
(1) The State Government may establish and maintain as many observation homes as may be necessary for the temporary reception of juveniles 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 juveniles during the pendency of any inquiry regarding them under this Act, it may recognise such institution as an observation home for the purposes of this Act.
(3) Every observation home to which a juvenile is sent under this Act shall not only provide the juvenile with accommodation, maintenance and facilities for medical examination and treatment, but also provide him with facilities for useful occupation.
(4) The State
Section 11 of the Juvenile Justice Act, 1986, pertains to the establishment and regulation of Observation Homes, which are institutions designated for the temporary reception and care of juveniles in conflict with the law or in need of care and protection. This section is integral to the juvenile justice framework, emphasizing the importance of specialized facilities for rehabilitation and welfare.
Section 11 authorizes the State Government to establish and maintain Observation Homes for the temporary reception of juveniles. It also defines the role of persons in charge of these homes and stipulates their responsibilities during the detention or care period. The section underscores the importance of providing suitable and humane facilities for juveniles, ensuring their safety, development, and eventual reintegration into society.
Section 11 covers:- The creation and maintenance of observation homes across states.- The responsibilities of authorities and custodians in charge of juveniles.- The standards of care and facilities to be provided.- The procedural aspects related to juveniles in conflict with law or in need of care.- The section applies to all juveniles detained or placed in these homes, whether in conflict with the law or in need of care and protection.
While Section 11 itself does not specify penalties, violations related to the non-establishment, recognition, or proper functioning of observation homes can attract penalties under other provisions of the Juvenile Justice Act, 1986, such as Section 41 (Punishment for cruelty to juveniles) or Section 42 (Employment of juveniles for begging). Non-compliance with prescribed standards may also lead to administrative action or prosecution.
This concise analysis underscores the importance of Section 11 in establishing a humane, effective, and rights-based juvenile justice system, aligning with constitutional mandates and international standards. Proper implementation and oversight are essential for realizing the section’s objectives of care, protection, and rehabilitation of juveniles.
The State Government may, by rules made under this Act, provide--
(a) for the establishment or recognition of after-care organisations and the powers that may be exercised by them for effectively carrying out their functions 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 after they leave juvenile homes or special 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 in respect of each juvenile prior to his discharge from a juvenile home or special home, as the case may be, regarding the necessity and nature of after-care of such juvenile, the period of such after-care, supervision th
Section 12 of the Juvenile Justice Act, 1986, is a fundamental provision that emphasizes the rights of juveniles in conflict with the law, particularly focusing on their entitlement to bail and the procedural safeguards to ensure their welfare and proper treatment within the juvenile justice system. It underscores the importance of protecting juveniles from unnecessary detention and ensures their right to liberty, rehabilitation, and fair treatment.
Section 12 mandates that juveniles accused of any offence (bailable or non-bailable) must be released on bail when apprehended or brought before a Juvenile Justice Board or Court, unless specific exceptions apply. It emphasizes that the default position is in favor of granting bail, and denial can only occur under well-defined circumstances, such as risk of association with known criminals or endangering the juvenile's welfare.
While Section 12 primarily deals with bail, violations such as unjustified detention or denial of bail without proper grounds can lead to:- Compensation claims for illegal detention (as highlighted in case law and sources).- Orders for immediate release and possible compensation for inhuman treatment (e.g., negligence or inhuman attitude of authorities).- Judicial review and reversal of wrongful detention orders.
This concise legal analysis underscores that Section 12 of the Juvenile Justice Act, 1986, embodies the principles of presumption of innocence, right to liberty, and rehabilitative justice for juveniles in conflict with the law. Courts are mandated to ensure that these rights are upheld, and detention or denial of bail is only permissible under strict, well-founded conditions. The case law and judicial pronouncements reinforce the importance of procedural compliance, proper age determination, and safeguarding juvenile rights against arbitrary or inhuman treatment.
(1) If any police officer or any other person or organisation authorised by the State Government in this behalf, by general or special order, is of opinion that a person is apparently a neglected juvenile, such police officer or other person or organisation may take charge of that person for bringing him before a Board.
(2) When information is given to an officer-in-charge of police station about any neglected juvenile found within the limits of such station, he shall enter in a book to be kept for the purpose the substance of such information and take such action thereon as he deems fit and if such officer does not propose to take charge of the juvenile, he shall forward a copy of the entry made to the Board.
(3) Every juvenile taken charge of under sub-section (1) shall be brought before the Board without any loss of time but within a
Section 13 of the Juvenile Justice Act, 1986, is a crucial provision that deals with the procedure for production of neglected juveniles before the Juvenile Board or Court, ensuring their proper care, protection, and rehabilitation. It embodies the principles of child welfare and aims to prevent misuse or abuse of the juvenile justice system.
Section 13 mandates that when a child is suspected to be in conflict with law or is neglected, the police or authorized persons shall take charge of the child and produce him/her before the Juvenile Board or Court without delay. It emphasizes the importance of timely intervention and proper procedural safeguards, including informing parents, guardians, or probation officers, and ensuring the child's safety and well-being.
While Section 13 itself does not prescribe specific penalties, violations such as wrongful detention, failure to produce the child, or neglecting procedural safeguards can lead to:- Legal liability under other provisions like Section 13(2) or Section 76 of the Juvenile Justice Act, 1986.- Criminal liability for wrongful confinement or breach of duty.- Order for compensation or damages in case of violation, as held in case law.
Production of neglected juveniles - Mandates prompt and proper production before the Juvenile Board to ensure child's welfare. Non-compliance can lead to legal consequences and violation of child's rights. [Section 13, Juvenile Justice Act, 1986]
Timely production - Ensures child's safety and prevents misuse of detention, aligning with child rights principles. Delay or wrongful detention undermines statutory protections. [Section 13, Juvenile Justice Act, 1986]
Informing parents/guardians - Critical for child’s welfare; failure to do so constitutes procedural breach and may attract liability. [Section 13(1), Juvenile Justice Act, 1986]
Role of authorized officers - Police or designated organizations must act within the scope of authority; overreach or wrongful detention can be challenged under Section 13 and other provisions. [Section 13, Juvenile Justice Act, 1986]
Sending child to observation home - Mandatory unless kept with parents/guardians; ensures rehabilitation and avoids police station/jail detention. [Section 13(4), Juvenile Justice Act, 1986]
Procedure for apprehension - Child must be taken charge with due process; illegal detention or failure to produce can lead to quashing of proceedings and compensation orders. [Section 13(2), Juvenile Justice Act, 1986]
Involvement of probation officers - Essential for assessing child's background and ensuring proper care; neglecting this can violate child's fundamental rights. [Section 13, Juvenile Justice Act, 1986]
Legal obligation of authorities - To act promptly and in child's best interest; failure may result in civil or criminal liability, including compensation for wrongful detention. [Supreme Court judgments, e.g., Juvenile Justice Cases]
Protection against wrongful confinement - The law prohibits keeping children in police stations or jails unless in exceptional circumstances; breach can be challenged under writ jurisdiction. [Section 13, Juvenile Justice Act, 1986]
Procedural safeguards - Record-keeping, informing guardians, and immediate production are mandatory; violations can lead to proceedings under Section 13(6) or criminal liability. [Section 13, Juvenile Justice Act, 1986]
Child’s best interests - Central to the Act; procedures under Section 13 aim to prioritize child's welfare over punitive measures. [Case law: Juvenile Justice (Care & Protection of Children) Act, 2000, and Supreme Court judgments]
Legal remedies for violations - Writ petitions under Article 226, compensation claims, or criminal proceedings can be initiated if authorities violate Section 13 provisions. [Judgments: Juvenile Justice Cases, Habeas Corpus petitions]
Compliance with procedural mandates - Authorities must strictly follow the procedures laid down in Section 13, including timely production and informing guardians, to avoid nullity of proceedings. [Case law: Juvenile Justice (Care & Protection of Children) Act, 2000]
Protection of child's rights - The provisions aim to prevent exploitation, abuse, and wrongful detention, aligning with constitutional protections under Articles 21 and 39(e). [Constitution of India, Articles 21, 39(e)]
Legal obligation to produce the child - Failure to produce a child without valid reasons can result in contempt proceedings and liability for damages. [Section 13, Juvenile Justice Act, 1986]
Procedural fairness - Ensures child's dignity, rights, and welfare; courts have held that violations of Section 13 procedures invalidate proceedings. [Supreme Court judgments]
Rehabilitation focus - The law emphasizes sending children to observation homes or suitable facilities, not detention centers, reinforcing the rehabilitative philosophy. [Section 13(4), Juvenile Justice Act, 1986]
Legal protections during investigation - Authorities must act within statutory bounds; illegal detention or failure to produce children can be challenged in courts. [Case law: Juvenile Justice (Care & Protection of Children) Act, 2000]
In summary, Section 13 of the Juvenile Justice Act, 1986, enshrines the fundamental rights of children in conflict with law or in need of care to be treated with dignity, protected from wrongful detention, and produced before appropriate authorities promptly. Violations of these provisions undermine the child's rights and can lead to legal consequences, including quashing of proceedings and compensation. The law underscores the importance of procedural safeguards, timely action, and the child's best interests in all juvenile-related interventions.
(1) If a person, who in the opinion of the police officer or the authorised person or organisation is a neglected juvenile, has a parent or guardian who has the actual charge of, or control over, the juvenile, the police officer or the authorised person or the organisation may, instead of taking charge of the juvenile, make a report to the Board for initiating an inquiry regarding that juvenile.
(2) On receipt of a report under sub-section (1), the Board may call upon parent or guardian to produce the juvenile before it and to show cause why the juvenile should not be dealt with as a neglected juvenile under the provisions of this Act and if it appears to the Board that the juvenile is likely to be removed from its Jurisdiction or to be concealed, it may immediately order his removal (if necessary by issuing a search-warrant for the immediate production of the juvenile) to an obser
Section 14 of the Juvenile Justice (Care and Protection of Children) Act, 1986, delineates the procedure to be followed when a juvenile is produced before a Juvenile Justice Board (JJB) or a competent authority. It emphasizes the swift and fair conduct of inquiries to determine the juvenile's status and the appropriate disposition, ensuring the child's rights and welfare are prioritized.
Section 14 mandates that when a juvenile in conflict with law is produced before a Board or competent authority, an inquiry must be conducted in accordance with the provisions of the Act. The inquiry should be completed promptly, ideally within four months of the child's first production, to prevent unnecessary detention and ensure timely disposition. It also prescribes the procedure for cases involving neglected juveniles with parents, emphasizing the importance of swift action and proper legal procedures.
Section 14 applies to:- Juveniles alleged to be in conflict with law.- Juveniles in cases of neglect or those found without care or in distress.- Cases where a juvenile is produced before the Board or authority.- Situations requiring swift inquiry to prevent unnecessary detention.It emphasizes that the inquiry process is protective, rehabilitative, and aimed at the child's best interests, rather than punitive.
While Section 14 does not specify punishments, violations such as undue delay, improper procedures, or illegal detention can attract penalties under the broader framework of the Act and the Indian Penal Code. Non-compliance may lead to disciplinary action against officials and nullification of illegal proceedings.
This concise commentary and legal analysis underscore the importance of Section 14 as a safeguard ensuring that juvenile inquiries are conducted swiftly, fairly, and in accordance with the child's rights and welfare.
(1) When a person alleged to be a neglected juvenile is produced before a Board, it shall examine the police officer or the authorised person or the organisation who brought the juvenile or made the report and record the substance of such examination and hold the inquiry in the prescribed manner and may take such orders in relation to the juvenile as it may deem fit.
(2) Where a Board is satisfied on inquiry that a juvenile is a neglected juvenile and that it is expedient so to deal with him, the Board may make an order directing the juvenile to be sent to a juvenile home for the period until he ceases to be a juvenile:
Provided that the Board may, for reasons to be recorded, extend the period of such stay, but in no case the period of stay shall extend beyond the time when the juvenile attains the age of eighteen years. In the case of a
(1) If the Board so thinks fit, it may, instead of making an order under sub-section (2) of Sec. 15, for sending the juvenile to a juvenile home, make an order placing the juvenile under the care of a parent, guardian or other fit person, on such parent, guardian or fit person executing a bond with or without surety to be responsible for the good behaviour and well-being of the juvenile and for the observance of such conditions as the Board may think fit to impose.
(2) At the time of making an order under sub-section (1) or at any time subsequently, the Board may, in addition, make an order that the juvenile be placed under supervision for any period not exceeding three years in the first instance.
(3) Notwithstanding anything contained in sub-section (1) or subsection (2), if at any time it appears to the Board on receiving a report fro
Where a parent or guardian of a juvenile complaints to the Board that he is not able to exercise proper care and control over the juvenile and the Board is satisfied on inquiry that proceedings under this Act should be initiated regarding the juvenile, it may send the juvenile to an observation home or a place of a safety and make such further inquiry as it may deem fit and the provisions of Secs. 15 and 16 shall, as far as may be, apply to such proceedings.
(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 Juvenile Court, 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 but he shall not be so released if there appears reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral 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-in-charge of the police station, such officer shall cause him to be kept in an observation home or a place of safety in the prescribed manner (but not in a police station or jail)
Where a juvenile is arrested, the officer-in-charge of the police station 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 Juvenile Court before which the juvenile will appear; and
(b) the probation officer of such arrest in order to enable him to obtain information regarding the antecedents and family history of the juvenile and other material circumstances likely to be of assistance to the Juvenile Court for making the inquiry.
Where a juvenile having been charged with an offence appears or is produced before a Juvenile Court, the Juvenile Court shall hold the inquiry in accordance with the provisions of Sec. 39 and may, subject to the provisions of this Act, make such order in relation to the juvenile as it deems fit.
(1) Where a Juvenile Court 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 Juvenile Court may, if it so thinks fit,--
(a) allow the juvenile to go to home after advice or admonition;
(b) direct the juvenile to be released on probation of good conduct and placed under the care of any parent, guardian or other fit person, or such parent, guardian or other fit person executing a bond, with or without surety as that Court may require, for the good behaviour and well-being of the juvenile for any period not exceeding three years;
(c) direct the juvenile to be released on probation of good conduct and placed under the care of any fit institution for the good behaviour and well
(1) Notwithstanding anything to the contrary contained in any other law for the time being in force, no delinquent juvenile shall be sentenced to death or imprisonment, 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 fourteen years has committed an offence and the Juvenile Court is satisfied that the offence committed is of so serious a 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 Juvenile Court, may order the delinquent juvenile to be kept In safe custody in such place and manner as it thinks fit and shall report the case for the orders of the State Governme
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 a juvenile under Chapter VIII of the said Code.
(1) Notwithstanding anything contained in Sec. 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 juvenile.
(2) If a juvenile is accused of an offence for which under Sec. 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 Court taking cognizance of that offence shall direct separate trials of the juvenile and the other person.
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.
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 Juvenile Court which shall pass orders in respect of the juvenile in accordance with the provisions of this Act as if it had been satisfied on inquiry under this Act that the juvenile has committed the offence.
(1) A Board or a Juvenile Court shall hold its sittings at such place, on such day and in such manner, as may be prescribed.
(2) A Magistrate empowered to exercise the powers of a Board or, as the case may be, a Juvenile Court under sub-section (2) of Sec. 7 shall, while holding any inquiry regarding a juvenile under this Act, as far as practicable, sit in a building or room different from that in which the ordinary sittings or Civil and Criminal Courts are held, or on different days or at times different from those at which the ordinary sittings of such courts are held.
(3) An inquiry regarding a juvenile under this Act shall be held expeditiously and shall ordinarily be completed within a period of three months from the date of its commencement, unless, for special reasons to be recorded in writing, the competent authority otherwise di
(1) Save as provided in this Act, no person shall be present at any sitting of a competent authority, except--
(a) any officer of the competent authority, or
(b) the parties to the inquiry before the competent authority, the parent or guardian of the juvenile and other persons directly concerned in the inquiry including police officers and legal practitioners, and
(c) such other persons as the competent authority may permit to be present.
(2) Notwithstanding anything contained in sub-section (1), if at any stage during an inquiry, a competent authority considers it to be expedient in the interest of the juvenile or on grounds of decency or morality that any person including the police officers, legal practitioners, the parent, guardian or the juveni
Any competent authority before which a juvenile 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 to be present at any proceeding in respect of the juvenile.
If, at any stage during the course of an inquiry, a competent authority is satisfied that the attendance of the juvenile is not essential for the purpose of the inquiry, the competent authority may dispense with his attendance and proceed with the inquiry in the absence of the juvenile.
(1) When a Juvenile 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 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 is found to be suffering from leprosy or is of unsound mind, he shall be dealt with under the provisions of the Lepers Act, 1898 (3 of 1898), or the Indian Lunacy Act, 1912 (4 of 1912), as the case may be.
(3) Where a competent authority has taken action under sub- section (1) in the case of juvenile suffering from an infectious or contagious disease, the competent authority before res
(1) Where it appears to a competent authority that a person brought before it under any of the provisions of this Act (otherwise than for the purpose of giving evidence) is a juvenile, the competent authority shall make due inquiry as to the age of that person and for that purpose shall take such evidence as may be necessary and shall record a finding whether the person is a juvenile 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, and age recorded by the competent authority to be the age of the person so brought before it shall, for the purposes of this Act, be deemed to be the true age of that person.
In making any order in respect of a juvenile under this Act, a competent authority shall take into consideration the following circumstances, namely : --
(a) the age of the juvenile ;
(b) the state of physical and mental health of the juvenile ;
(c) the circumstances in which the juvenile was and is living ;
(d) the reports made by the probation officer ;
(e) the religious persuasion of the juvenile ;
(f) such other circumstances as may, in the opinion of the competent authority, require to be taken into consideration in the interest of the welfare of the juvenile :
Provided that in the case of a delinquent juvenile,
The Juvenile Justice Act, 1986, was enacted to address the legal framework concerning children in conflict with the law and those in need of care and protection. Section 33 specifically outlines the considerations that must be taken into account when making orders under the Act, ensuring that the welfare of the juvenile is prioritized.
Section 33 mandates that when making orders regarding juveniles, the court must consider various circumstances, including the age, health, and social background of the juvenile, as well as the nature of the offense committed.
The scope of Section 33 extends to all judicial proceedings involving juveniles, particularly in determining bail applications and sentencing. It requires courts to adopt a rehabilitative rather than punitive approach.
While Section 33 itself does not prescribe specific punishments, it influences the court's decision-making process regarding the treatment and rehabilitation of juveniles rather than imposing traditional punitive measures.
Welfare Principle - The welfare of the juvenile is paramount in all proceedings under the Juvenile Justice Act, 1986, as emphasized in Section 33. - [ PARBATABAI SAKHARAM TARAM VS STATE OF MAHARASHTRA]
Judicial Discretion - Courts must exercise discretion in considering the circumstances laid out in Section 33 when making orders regarding juveniles. - [ ABRAHIM KHRISTIAN VS STATE OF ORISSA]
Bail Considerations - The provisions of Section 33 must be strictly followed while considering bail applications for juveniles, ensuring their release does not expose them to moral danger. - [ ABRAHIM KHRISTIAN VS STATE OF ORISSA]
Impact of Age - The age of the juvenile is a critical factor in determining the nature of the order, as outlined in Section 33. - [ PARBATABAI SAKHARAM TARAM VS STATE OF MAHARASHTRA]
Health Considerations - The health of the juvenile must be taken into account, which can influence the type of rehabilitation or custody they receive. - [ PARBATABAI SAKHARAM TARAM VS STATE OF MAHARASHTRA]
Social Background - The social circumstances of the juvenile, including family and community factors, are essential in making informed decisions under the Act. - [ PARBATABAI SAKHARAM TARAM VS STATE OF MAHARASHTRA]
Rehabilitation Focus - Section 33 promotes a rehabilitative approach rather than a punitive one, aligning with international standards for juvenile justice. - [ PARBATABAI SAKHARAM TARAM VS STATE OF MAHARASHTRA]
Judicial Oversight - Courts are required to ensure that the orders made under the Act do not adversely affect the juvenile's future prospects. - [ ABRAHIM KHRISTIAN VS STATE OF ORISSA]
Legal Aid - The right to legal aid is integral to ensuring that juveniles can effectively navigate the legal system, as highlighted by the principles of the Act. - [ PARBATABAI SAKHARAM TARAM VS STATE OF MAHARASHTRA]
Non-Applicability of Certain Provisions - The court has clarified that certain provisions, such as those under the NDPS Act, do not apply at the interim stage of bail for juveniles. - [ Devendra Chaganlal Pandya VS State of Maharashtra]
Judicial Review - The failure of magistrates to consider the provisions of Section 33 can lead to judicial review and the potential overturning of bail decisions. - [ ABRAHIM KHRISTIAN VS STATE OF ORISSA]
Protection from Stigmatization - The Act aims to protect juveniles from the stigma of criminality, emphasizing rehabilitation over punishment. - [ PARBATABAI SAKHARAM TARAM VS STATE OF MAHARASHTRA]
Cultural Sensitivity - The court must consider cultural and community factors that may affect the juvenile's behavior and circumstances. - [ PARBATABAI SAKHARAM TARAM VS STATE OF MAHARASHTRA]
Long-term Impact - Decisions made under Section 33 can have long-term implications on the juvenile's life trajectory, necessitating careful consideration. - [ ABRAHIM KHRISTIAN VS STATE OF ORISSA]
Interplay with Other Laws - Section 33 interacts with other legal frameworks, such as the Probation of Offenders Act, to ensure comprehensive protection for juveniles. - [ PARBATABAI SAKHARAM TARAM VS STATE OF MAHARASHTRA]
Judicial Training - There is a need for specialized training for judges and magistrates to effectively apply the principles of Section 33 in their decisions. - [ PARBATABAI SAKHARAM TARAM VS STATE OF MAHARASHTRA]
Community Involvement - The Act encourages community involvement in the rehabilitation process, recognizing the role of social support systems. - [ PARBATABAI SAKHARAM TARAM VS STATE OF MAHARASHTRA]
Preventive Measures - The focus on the juvenile's background and circumstances aims to prevent future offenses through appropriate interventions. - [ PARBATABAI SAKHARAM TARAM VS STATE OF MAHARASHTRA]
Legal Framework Evolution - The principles established in Section 33 reflect an evolving understanding of juvenile justice, moving towards a more humane and rehabilitative approach. - [ PARBATABAI SAKHARAM TARAM VS STATE OF MAHARASHTRA]
Judicial Accountability - Courts are held accountable for ensuring that their decisions align with the welfare principles outlined in Section 33. - [ ABRAHIM KHRISTIAN VS STATE OF ORISSA]
In the case of a neglected or delinquent juvenile 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 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 is sent shall in respect of any matter arising subsequently have the same powers in relation to the juvenile as if the original order had been passed by itself.
The report of the probation officer of any circumstance considered by the competent authority under Sec. 33 shall be treated as confidential:
Provided that the competent authority may, if it so thinks fit, communicate the substance thereof to the juvenile or his parent or guardian and may give such juvenile, parent or guardian an opportunity of producing such evidence as may be relevant to the matter stated in the report.
(1) No report in any newspaper, magazine or news- sheet of any inquiry regarding a juvenile under this Act shall disclose the name, address of school or any other particulars calculated to lead to the identification of the juvenile nor shall any picture of any such juvenile 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.
(2) Any person contravening the provisions of sub-section (1) shall be punishable with fine which may extend to one thousand rupees.
(1) Subject to the provisions of this section, any person aggrieved by an order made by 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 Juvenile Court in respect of a juvenile alleged to have committed an offence; or
(b) any order made by a Board in respect of a finding that a person is not a neglected juvenile,
(3) No second appeal shall He fr
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 thereon 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 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, either on its own motion or on an application received in this behalf, amend any order as to the institution to which a juvenile is to be sent or as to the person under whose care or supervision a juvenile is to be placed under this Act.
(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.
(1) Whoever, having the actual charge of, or control over, a juvenile, 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 unnecessary mental or physical suffering shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.
(2) No Court shall take cognizance of an offence punishable under sub-section (1) unless the complaint is filed with the previous sanction of the State Government or an officer authorised by it in this behalf.
(1) Whoever employs or uses any juvenile for the purposes of begging 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 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.
(3) Tile offence punishable under this section shall be cognizable.
Whoever gives, or causes to be given, to any juvenile any intoxicating liquor in a public place or any narcotic drug or psychotropic substance except upon the order of a 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 for the purpose of any employment and withholds the earnings of the juvenile or uses such earnings 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.
Where an act or omission constitutes 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 offence shall be liable to punishment only under such Act as provides for punishment which is greater in degree.
Section 45 of the Juvenile Justice Act, 1986, pertains to the provision of alternative punishments for juveniles who have committed offences. It emphasizes the importance of reformative measures over punitive sanctions, aligning with the Act's overarching goal of child protection and rehabilitation.
Section 45 provides for "Alternative punishments" for juveniles, allowing for measures other than imprisonment, such as sponsorship or other community-based interventions, to serve as appropriate responses to juvenile offences. The section aims to facilitate non-custodial measures to promote the juvenile's development and reintegration into society.
This commentary synthesizes information from the provided sources, emphasizing the rehabilitative intent and scope of Section 45 of the Juvenile Justice Act, 1986.
(1) The State Government may, notwithstanding anything contained in this Act, at any time, order a neglected or delinquent juvenile to be discharged from the juvenile home or special home, either absolutely or on such conditions as it may think fit to impose.
(2) The State Government may, notwithstanding anything contained in this Act, order --
(a) a neglected juvenile to be transferred from one juvenile home to another ;
(b) a delinquent juvenile to be transferred from one special home to another or from a special home to a borstal school where such school exists or from a special home to a juvenile home ;
(c) a neglected juvenile or a delinquent juvenile to be transferred from a juvenile home or a special home to a fit person or a fit institution;
(1) The Government of a State may direct any neglected juvenile or delinquent juvenile to be transferred from any juvenile home or special home within the State to any other juvenile home, special home or institution of a like nature in any other State with the consent of the Government of the State.
(2) The Government of a State may, by general or special order, provide for the reception of a juvenile home or special home within the State of a neglected juvenile or delinquent juvenile detained in a juvenile home or special home or institution of a like nature in any other State where the Government of that State makes an order for such transfer, and upon such transfer the provisions of this Act shall apply to such juvenile as if he had been originally ordered to be sent to such juvenile home or special home under this Act.
Section 47 of the Juvenile Justice Act, 1986, primarily deals with the transfer and placement of juveniles within various juvenile facilities, such as juvenile homes, special homes, and observation homes. It embodies the child-centric approach of the legislation, emphasizing care, protection, and rehabilitation over punishment.
In conclusion, Section 47 of the Juvenile Justice Act, 1986, emphasizes the importance of proper transfer, placement, and management of juveniles within the juvenile justice system, aligning with the overarching goal of fostering a child-friendly, rehabilitative environment. Proper exercise of its provisions is crucial for safeguarding juvenile rights and ensuring effective juvenile justice administration.
(1) Where it appears to the State Government that any Juvenile kept in a special home or juvenile home or institution in pursuance of this Act is suffering from leprosy so is of unsound mind, or is addicted to any narcotic drug or psychotropic substances, the State Government may order his removal to a leper asylum or mental hospital or treatment centre for drug addicts or other place of safe custody for being kept there for such period not exceeding the period for which he is required to be kept in custody under the orders of the competent authority or for such further period as may be certified by the medical officer to be necessary for the proper treatment of the juvenile.
(2) Where it appears to the State Government that the juvenile is cured of leprosy or of unsoundness of mind of drug addiction it may, if the juvenile is still liable to be kept in custody, order the person ha
(1) When a juvenile is kept in a juvenile home or special home, the State Government may, if it so thinks fit, release the juvenile from the juvenile home or special home and grant him a written licence for such period and on such conditions as may be specified in the licence permitting him to live with, or under the supervision of, any responsible person named in the licence willing to receive and take charge of him with a view to educate him and train him for some useful trade or calling.
(2) Any licence so granted under sub-section (1) shall be in force for the period specified in the licence or until revoked or forfeited by the breach of any of the conditions on which it was granted.
(3) The State Government may, at any time, by order in writing, revoke any such licence and order the juvenile to return to the juvenile home or special
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 who has escaped from a special home or a juvenile home or from the care of a person under whom he was placed under this Act and shall send the juvenile back to the special home or the juvenile 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, juvenile home or the person may, after giving the information to the competent authority which passed the order in respect of the juvenile, take such steps against the juvenile as may be deemed necessary.
(1) The competent authority which makes an order for sending a neglected juvenile or a delinquent juvenile to a juvenile home or 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 to contribute to his maintenance, if able to do so, in the prescribed manner.
(2) The competent authority before making any order under subsection (1) shall inquire into the circumstances of the parent of other person liable to maintain the juvenile and shall record evidence, if any, in the presence of the parent or such other person, as the case may be.
(3) The person liable to maintain a juvenile shall, for the purposes of sub-section (1), include in the case of illegitimacy, his putative father:
&
Section 51 of the Juvenile Justice Act, 1986, pertains to the recognition and accreditation of facilities that are responsible for the care, protection, and rehabilitation of juveniles. It ensures that juvenile homes and related institutions are recognized and registered, facilitating proper oversight and standardization of juvenile welfare services.
Section 51(1) states that the Board or Committee shall recognize a facility run by a government, voluntary, or non-governmental organization, provided it is registered. This recognition is essential for the facility to function legally and to carry out its role in juvenile care.
Section 51 applies to all facilities involved in the care and rehabilitation of juveniles, including juvenile homes and special homes. It mandates formal recognition for these facilities to ensure adherence to standards and proper functioning under the juvenile justice framework.
The section primarily deals with recognition and registration; it does not specify punitive measures. Non-compliance or operating without recognition may lead to legal consequences such as closure or administrative action, but specific penalties are not detailed within this section.
Note: The references are based on the provided sources, which emphasize recognition, registration, and oversight of juvenile facilities under Section 51 of the Juvenile Justice Act, 1986.
(1) The State Government may create a Fund under such name as it thinks fit for the welfare and rehabilitation of the juveniles 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 such officers or authority in such manner and for such purposes as may be prescribed.
(1) The State Government may constitute an Advisory Board to advice it on matters relating to the establishment and maintenance of homes, mobilisation of resources, provision of facilities for education, training and rehabilitation of neglected and delinquent juveniles and co-ordination among the various official and non-official agencies concerned.
(2) The Advisory Board shall consist of such number of officers and other persons as the State Government thinks fit and may also include experts and the representatives of voluntary organisations engaged in the relevant areas.
(1) The State Government may nominate not more than three non-officials to be Visitors for each of the homes established under this Act.
(2) A Visitor nominated for a home under sub-section (1) shall periodically visit such home and make a report to the State Government.
Any person in whose custody a juvenile is placed In pursuance of this Act shall, while the order is in force, have the like control over the juvenile as he would have if, he were his parent, and shall be responsible for his maintenance, and the juvenile shall continue in his custody for the period stated by the competent authority, notwithstanding that he is claimed by his parent or any other person :
Provided that no juvenile while in such custody shall be carried except with the permission of the competent authority.
In any area in which this Act is brought into force, the State Government may direct that a delinquent juvenile 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 safe custody in such place and manner as the State Government 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 a Juvenile Court to be sent to such special home or as the case may be, ordered to be detained under sub-section (2) of Sec. 22.
Probation officers and other officers appointed in pursuance of this Act shall be deemed to be public servants within the meaning of Sec. 21 of the Indian Penal Code, 1860 (45 of 1860).
The 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 general or special order, direct that any power exercisable by it under this Act shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercisable also by an officer subordinate to that Government.
No suit or other legal proceeding shall lie against the State Government or any probation officer or other officer appointed under 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 orders made thereunder.
(1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
(a) the places at which, the days on which, the time at which, and the manner in which, a competent authority may hold its sittings;
(b) the procedure to be followed by a competent authority in holding inquiries under this Act, and the mode of dealing with juveniles suffering from dangerous diseases or mental complaints;
(c) the circumstances in which, and the conditions subject to which, an institution may be certified as a special home or a juvenile's home or recognised as a
If, immediately before the date on which this Act comes into force in any State, there is in force in that State, any law corresponding to this Act, that law shall stand repealed on the said date:
Provided that the repeal shall not affect --
(a) the previous operation of any law so repealed or anything duly done or suffered thereunder; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed; or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed; or
(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishm
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