The Juvenile Justice (Care and Protection of Children) Act, 2015 replaced previous laws and aims to achieve UNCRC objectives. It specifies procedural safeguards for children in conflict with law and addresses delays and pendency issues. It allows trying some 16-18 year olds committing heinous crimes as adults. It also seeks to create a universally accessible adoption law for India. Key aspects include registration of child care institutions, definitions, roles of Juvenile Justice Board and Child Welfare Committee, and provisions for rehabilitation and social reintegration of children.

1. An overview

2. What is it?
 It replaced the Indian juvenile delinquency law and
the Juvenile Justice (Care and Protection of Children)
Act, 2000.
 The Act seeks to achieve the objectives of the United
Nations Convention on the Rights of Children as
ratified by India on December 11, 1992.

3.  It specifies procedural safeguards in cases of
children in conflict with law. It seeks to address
challenges in the existing Act such as delays in
adoption processes, high pendency of cases,
accountability of institutions, etc
 It allows for juveniles in conflict with Law in the
age group of 16–18, involved in Heinous
Offences, to be tried as adults.

4.  The Act also sought to create a universally
accessible adoption law for India, overtaking
the Hindu Adoptions and Maintenance Act
(1956) and the Guardians and Wards Act
(1890), though not replacing them.
 The Act came into force from 15 January
2016.

6. Important Definitions
 Section 2(13) : Child in conflict with law:- it
means a child who is alleged or found to
have committed an offence and who has not
completed 18 years of age on the date of
commission of such offence;

7.  Section 2(14) : Child in need of care and
protection:-
1. Who is found without any home or settled place of
abode and without any means of subsistence; or
2. Who is found working in contravention of labour
laws , found begging or living on the street; or
3. Who resides of person and such person has
injured, exploit, abused or neglected the child, has
violated any other law for the time being in force
meant for protection of child .

8. 4. Who is mentally ill or mentally challenged or
suffering from terminal or incurable disease,
having no support or look after.
5. Who has such parent or guardian who are
unfit or incapable of taking care of the child; or
6. Who does not have parents and no one is
willing to take care of, or whose parents have
abandoned or surrendered him/her ; or

9. 7. Who is missing or run away child , or whose
parents cannot be found after making
reasonable inquiry in such manner as may be
prescribed; or
8. Who is found vulnerable and is likely to be
inducted into drugs abuse and trafficking ; or
9. Who is victim of or affected by any armed
conflict, civil unrest or natural calamity ; or
10. who is at immanent risk if marriage before
attaining the age of marriage

10. 11. Who has been or is being or likely to
be abused, torture or exploited for the
purpose of sexual abuse or illegal acts.

11.  Section 2(2): Adoption means the process through
which the adopted child is permanently separated
from his biological parents and becomes the lawful
child of his adoptive parents with all the rights
,privileges and responsibilities that are attach to a
biological child;
 Section 2(6): “authorised foreign adoption agency”
means a foreign social or child welfare agency that
is authorised by

12. the Central Adoption Resource Authority on
the recommendation of their Central
Authority or Government department of that
country for sponsoring the application of non-
resident Indian or overseas citizen of India or
persons of Indian origin or foreign
prospective adoptive parents for adoption of
a child from India.

13.  Section 2(21): Child care institution:-it means
children home, open shelter, observation home ,
special home, place of safety, specialized
Adoption Agency and a fit facility recognized
under this Act for providing care and protection
to children, who are in need of such services
 Section 2(29): Foster care, it means placement
of a child, by the committee for the purpose of
alternate care in the domestic environment

14. of a family, other than the child’s biological family,
that has been selected, qualified, approved and
supervised for providing such care
 Section 2(35): Juvenile it means a child below
the age of 18 years;

15. Classification of Chilldren ( under
Juvenile Justice Act, 2015)
Children in conflict
with law
Alleged or found for
commission of an
offence under the Act
Children in need of
care and protection
Required care and
protection- CWC
Children in contact
with law
Offences against
children – Children’s
Court

16. Important Features
 Change in nomenclature from ‘juvenile’ to
‘child’ or ‘child in conflict with law’, across the
Act to remove the negative connotation
associated with the word “juvenile”
 Inclusion of several new definitions such
as orphaned, abandoned and surrendered
children; and petty, serious and heinous
offences committed by children;

17.  Clarity in powers, function and
responsibilities of Juvenile Justice Board
(JJB) and Child Welfare Committee (CWC);
clear timelines for inquiry by Juvenile Justice
Board (JJB); The Act mandates setting up
Juvenile Justice Boards and Child Welfare
Committees in every district. Both must have
at least one woman member each.

18. 1. Special provisions for heinous offences
committed by children above the age of sixteen
years
 Under Section 15, special provisions have been
made to tackle child offenders committing heinous
offences in the age group of 16-18 years
 The Juvenile Justice Board is given the option to
transfer cases of heinous offences by such children
to a Children’s Court (Court of Session) after
conducting preliminary assessment

19.  . The provisions provide for placing children in a
‘place of safety’ both during and after the trial till
they attain the age of 21 years after which an
evaluation of the child shall be conducted by
the Children’s Court.
 After the evaluation, the child is either released
on probation and if the child is not reformed
then the child will be sent to a jail for remaining
term.

20. 2. Separate new chapter on Adoption to
streamline adoption of orphan, abandoned
and surrendered children
 To streamline adoption procedures for orphan,
abandoned and surrendered children, the existing
Central Adoption Resource Authority (CARA) is
given the status of a statutory body to enable it to
perform its function more effectively.

21.  Separate chapter (VIII) on Adoption provides
for detailed provisions relating to adoption and
punishments for not complying with the laid
down procedure.
 Processes have been streamlined with
timelines for both in-country and inter-country
adoption including declaring a child legally
free for adoption.

22.  As per the provisions, a single or divorced
person can also adopt, but a single male cannot
adopt a girl child.

23. 3. Inclusion of new offences committed against
children
 Several new offences committed against children,
which are so far not adequately covered under any
other law, are included in the Act. These include:
sale and procurement of children for any purpose
including illegal adoption, corporal punishment in
child care institutions, use of child by militant
groups, offences against disabled children and,
kidnapping and abduction of children.

24.  Penalties for cruelty against a child, offering a
narcotic substance to a child, and abduction
or selling a child have been prescribed
 Any official, who does not report an
abandoned or orphaned child within 24
hours, is liable to imprisonment up to six
months or fine of Rs 10,000 or both.

25.  The penalty for non-registration of child care
institutions is imprisonment up to one year or
fine of one lakh rupees, or both.
 The penalty for giving a child intoxicating
liquor, narcotic or psychotropic substances is
imprisonment up to seven years or fine of
one lakh rupees, or both.

26. 3. Mandatory registration of Child Care Institutions
 All child care institutions, whether run by State
Government or by voluntary or non-governmental
organisations, which are meant, either wholly or
partially for housing children, regardless of whether
they receive grants from the Government, are to be
mandatorily registered under the Act within 6 months
from the date of commencement of the Act.

27.  Stringent penalty is provided in the law in
case of non-compliance
 Several rehabilitation and social
reintegration measures have been
provided for children in conflict with law
and those in need of care and protection.

28.  Under the institutional care, children are
provided with various services including
education, health, nutrition, de-addiction,
treatment of diseases, vocational training,
skill development, life skill education,
counselling, etc to help them assume a
constructive role in the society.

29.  The variety of non-institutional options
include: sponsorship and foster care
including group foster care for placing
children in a family environment which is
other than child’s biological family, which
is to be selected, qualified, approved
and supervised for providing care to
children.

30. Conclusion
 The Act aims to protect the interest of
children in conflict with law.
 This Act was a result of the growing
violence and offences that were
committed by minors in the country.