The updated Indian legislation regarding Juvenile Protection and Procedure for protection of their identity and betterment of their future. This PPt gives an overall idea of the Act in a precise manner
2. Definitions under Section 2 of the Act
Definitions pertaining to
Adoption
Other Important
Definitions
Sec. 2 (1): “abandoned child” Child
deserted by his biological or adoptive
parents or guardians, who has been
declared as abandoned by the
Committee after due inquiry.
Sec. 2 (2): “adoption” Process through
which the adopted child is
permanently separated from his
biological parents and becomes the
lawful child of his adoptive parents
with all the rights, privileges and
responsibilities that are attached to a
biological child.
Sec. 2 (16): “child legally free for
adoption” A child declared as such by
the Committee after making due Sec. 2
(16) inquiry under Sec. 38.
Sec. 2(31) “guardian” in relation to a child, means his natural
guardian or any other person having actual charge of the child,
recognised and opined by the Committee or the Board .
Sec. 2(42) “orphan” means a child who is without biological or
adoptive parents or legal guardian or whose legal guardian is
not willing or capable of taking care of the child;
Sec. 2(46) “place of safety” means any place or institution, not
being a police lockup or jail, established separately or attached
to an observation home or a special home, as the case may be,
the person in-charge of which is willing to receive and take care
of the children alleged or found to be in conflict with law, by an
order of the Board or the Children’s Court, both during inquiry
and ongoing rehabilitation after having been found guilty for a
period and purpose as specified in the order;
3. Difference between Child & Juvenile as
defined in the Act
Child Juvenile
Defined u/s 2(12)
A person under the age of full
legal obligation and
responsibility is a child or a
person who is below the legal
age of eighteen years is child
Defined u/s 2(35)
juvenile indicates either immature
person or young offenders i.e. a
young person accused of crime
In general sense, both the term has same meaning but however
difference lies in context of implications in the eyes of law.
4. Classification of Offences as defined
under the Act
Sectio
n
Kind of Offence Punishment period
2(33) heinous offences minimum punishment is seven
years
2(45) petty offences maximum punishment is up to three
years
2(54) serious offences imprisonment between three to
seven years
5. Homes & Shelters defined under the Act
Home &
Shelter
Defined under Established & Maintained by Purpose
Children’s
Home
Sec. 2(19) by the State Government, either
by itself, or through a voluntary
or non-govt. organisation
As specified in Sec. 50 of the Act
Observation
Home
Sec. 2(40) by the State Government, either
by itself, or through a voluntary
or non-govt. organisation
As specified in sub-Sec. (1) of Sec. 47 of
the Act
Open
Shelter
Sec. 2(41) by the State Government, either
by itself, or through a voluntary
or non-govt. organisation
As specified in sub-Sec. (1) of Sec. 43 of
the Act
Special
Home
Sec. 2(56) by the State Government, either
by itself, or through a voluntary
or non-govt. organisation
for housing and providing rehabilitative
services to children in conflict with law
found guilty by the Juvenile Justice Board.
6. Important Principles under Chapter III
of the Act
Principle of presumption of innocence: Any child shall be presumed to be an
innocent of criminal intent up to the age of 18 years
Principle of best interest: All decisions regarding the child shall be based on the
primary consideration that they are in the best interest of the child.
Principle of safety: All measures shall be taken to ensure that the child is safe and
is not subjected to any harm, abuse or maltreatment while in contact with the care
and protection system, and thereafter.
Principle of equality and non-discrimination: There shall be no discrimination
against a child on any grounds including sex, caste, ethnicity, place of birth,
disability.
Principle of right to privacy and confidentiality: Every child shall have a right
to protection of his privacy and confidentiality, by all means and throughout the
judicial process.
Principle of fresh start: All past records of any child under the Juvenile Justice
system should be erased except in special circumstances.
Principles of natural justice
7. CHILD IN CONFLICT WITH LAW (CICL)
Defined u/s 2(13) of the Act.
It refers to 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;
Procedure regarding CICL mentioned
in Chapter IV of the Act.
Key Rights of CICL:
Right to Bail
No need of handcuff, arrest or kept in
Jail or Police Lockup
Registration of FIR only required for
heinous crimes; Protection of Identity
Right of parents to be informed
Right to reunite with Family
After Care
Key Facts relating CICL:
Children in the age group of 16 - 18
years may be tried as adults in cases of
heinous offences after preliminary
assessment by the Juvenile Justice
Board.
A child in conflict with law will be sent
to an Observation Home temporarily
during pendency of inquiry.
A child who is found to have committed
an offence by the Juvenile Justice Board
will be placed in a Special Home.
9. CHILD IN NEED OF CARE & PROTECTION
Defined u/s 2(14) of the Act.
Procedure in relating to such child is
stated under Chapter VI of the Act.
A child in need of care and protection will
be placed in a Children‘s Home for care,
treatment, education, training,
development and rehabilitation.
A child in need of care and protection is to
be produced before the Child Welfare
Committee within 24 hours by police
officer /Child Welfare Officer/public
servant/public spirited person/Designated
Child Welfare Police Officer or by the
child himself.
Non-reporting of such child is punishable
with 6 months imprisonment or fine or
both u/s 34 of the Act.
The Act provides for mandatory reporting of a
child found separated from his/her guardian.
Non reporting has been treated as a punishable
offence.
The Act provides for Open Shelters for
Children in need of community support on short
term basis for protecting them from abuse or
keeping them away from a life on the streets.
The Child Welfare Committees shall meet at
least 20 days in a month and the District
Magistrate shall conduct a quarterly review of
the functioning of the Child Welfare
Committee.
10. ADOPTION
Referred in Chapter VIII of the Act from
Sections 56 – 73.
Central Adoption Resource Authority
(CARA)
CARA is the Central Authority of India, which
is mandated to promote & facilitate domestic
adoptions, regulate inter-country adoption and
frame Adoption Regulations as per Section
68 of JJ Act(C&PC), 2015.
Specialized Adoption Agency (SAA)
SAA helps to facilitate the process of adoption
for the children in its institution, along with
children in the Child Care Institutions links to
the SAA. It also has the responsibility to provide
care and protection to every child in its
institution.
Who Can Be Adopted?
Children up to the age of 18 years can be
adopted. (Section 2(12) of Juvenile Justice (Care
and Protection) Act, 2015).
According to Section 56(1), a couple or a single
parent can adopt an
orphan/ abandoned/surrendered child.
Also, children of relatives can also be adopted by
In-country parents (Section 56(2)) and by Inter-
country parents as well. (Section 60)
11. Eligibility of Prospective Adoptive Parents (PAP)
According to Section 57 of the Act :
a) Must be physically fit, financially sound, mentally alert and highly motivated to adopt a child for
providing a good upbringing to him.
b) Couple must have at least two years of stable marital relationship.
c) Eligibility of prospective adoptive parents to apply for children of different age groups shall be
based on the following age criteria:
The minimum age difference between the child and either of the prospective adoptive parents shall
not be less than twenty-five yea₹
The age criteria for prospective adoptive parents shall not be applicable in case of relative adoptions
and adoption by step-parent.
Couples with three or more children shall not be considered for adoption except in case of special
need children, hard to place children and in case of relative adoption and adoption by step-parent.
Age of Child Maximum composite
age of couple (PAPs)
Minimum age of single
PAP
Up to 4yrs 90yrs 45yrs
Above 4 yrs & below 8
yrs
100yrs 50yrs
Above 8 yrs up to 18 yrs 110yrs 55yrs
12. OFFENCES AGAINST CHILDREN (Chapter IX)
Sectio
n
Description Punishment
75 Punishment for cruelty against
a child
Imprisonment up to 5 year and/or fine
of up to ₹ 5 lakhs
76 Employment of child for
begging
Not less then 7 years and/or fine up to
₹ 5 Lakh
77 Selling intoxicating liquor or
drugs to a child
Imprisonment of up to 7 years and fine
of ₹ 1 lakh.
79 Exploitation of a child by the
employee
Rigorous imprisonment up to years or
fine up to 1 lakh
81 Sale or procurement of child Imprisonment up to 5 years or fine up
to lakh
83 Use of child for militant groups
or by adults
Imprisonment up to 7 years and fine of
₹ 5 lakh
85 Offences against a disabled
child
Double the punishment if committed
against a non-disabled child
87 Abetment Treated as the offender.
