Jj act 2015 with all such

1. THE JUVENILE JUSTICE (CARE AND PROTECTION OF
CHILDREN)
ACT, 2015
Dr. Sharmila Ghuge
Jitendra Chauhan College of Law,
Mumbai

2. SYLLABUS & BOOKS
• Cr.PC 70 Marks
• J. J. Act 15 Marks
• Probation of Offenders Act 15 Marks
• Bare Act
• Commentaries
• Mr. Malik.
• Rattanlal Dhirajlal
• Paranjape

3. Why should we discuss about JJ Act???

4. Why should we discuss about JJ Act???

5. HISTORICAL BACKGROUND
• Early penology – NO difference between child and adult criminal
• In 1772- Reformists drew attention to the miserable plight of young
offenders
• 1850–The Apprentices Act- first law which required that children
between the ages of 10-18 convicted in Courts to be provided
vocational training as part of their rehabilitation process
• 1897 – Reformatory school Act- the Court could detain delinquents in
a reformatory school for a period of two to seven years but only till
attaining the age of eighteen years,
• 1920 – Madras Children Act- The Juvenile Court philosophy was first
introduced in the Madras Children Act 1920, (followed by the Bengal
Children Act (1922) and the Bombay Children Act (1924), thereafter
by many other Children Acts).

6. HISTORICAL BACKGROUND
• 1923 – Amendment in Criminal Procedure Code, CrPC was amended
to provide a special procedure for adjudicating criminal cases
concerning child offenders.
• 1960 – The Children Act was passed to function as model legislation
and for use in union territories. This Act established separate Child
Welfare Boards to handle cases relating to neglected children. It also
created the position of a probation officer who could “advise and
assist neglected or delinquent children.” In addition, it established
separate Children’s Courts for cases related to delinquent juveniles,
thereby separating the judicial process for delinquent and neglected
children.

7. HISTORICAL BACKGROUND
• 1986 –The Juvenile Justice Act, 1986, was enacted to provide for care,
protection, treatment, development and rehabilitation of neglected and
delinquent juveniles and for the adjudication of certain matters related
to the disposition of delinquent juveniles.
It repealed all other Children Acts and provided for a uniform legal
framework for the juvenile justice system throughout the country.
• 2000 – The Juvenile justice (care and protection) Act,
The Juvenile Justice (Care and Protection) Act was re-enacted with
some modifications.

8. HISTORICAL BACKGROUND
• 2001- The ‘Central Rules’ were notified in June 2001. The Juvenile
Justice (Care and Protection) Act (2000) has ensured that irrespective
of religion, children in need of care and protection are provided the
benefits of a separate judicial process.
• The Government of India enacted the Juvenile Justice Act in 1986. In
1989, the General Assembly of the United Nations adopted the
Convention on the Rights of a Child. India ratified the UNCRC in
1992. The convention outlines the right of the child to reintegrate into
the society without judicial proceedings,( wherever avoidable). Hence,
the Government, to fulfill the standards of the convention, felt a need
to re-write the law. Thus in 2000, the old law was replaced by the
Juvenile Justice (Care and Protection of Children) Act.

9. Reasons of Juvenile delinquency
1. Biological Changes- Puberty, immaturity and mental incapability
coupled with desire to indulge in unwanted activities.
2. Urbanization & Migration- Housing issues, slums, etc.,
3. Lack of family support- financial issues, family disintegration,
divorce, disputes, etc.,
4. Impact of mass media- Television, internet, pornography, Movies
etc.,
5. Working parents- Lack of attention & affection, family solidarity
6. Impact of Western culture- earning, material happiness, privacy, etc
7. Poverty & Illiteracy –
8. Political impact

10. Juvenile delinquent

11. nirbhaya gang rape
• On 16/12/2012 in Munrika, a neighbourhood in South Delhi.
• 23-year-old female Physiotherapy intern, Jyoti Singh Pandey, was
beaten, gang raped and tortured in a private bus in which she was
travelling with her friend, Awindra Pratap Pandey
• 6 men raped Jyoti in the moving bus
• One of them was 17 years six months old
• Ram Singh, one of the accused inserted iron rod in her vagina and
took out her intestines after raping jyoti.
• Jyoti was transferred to Singapore from Safardargunj
hospital Delhi for treatment.
• 29/12/2012 Jyoti died

12. nirbhaya gang rape

13. nirbhaya gang rape-Mukesh & ors. V. State of Delhi,
• A fast-track court was set up in January 2013
• One accused Ram Singh committed suicide in Jail on 11/03/2013
• Mohammad was tried as a minor and sentenced to 3 years and sent
to correctional facility.
• The four adults were sentenced to death in 2013,
• A ruling confirmed 2014 by the Delhi high court.
• The accused appealed to the supreme court, which eventually delivered its
judgment confirming the death penalty in May 2017.
• 09th July 2018 Review Petition was filed- Rejected by the SC
• March 2019- Accused plan to file Curative Petition in SC
• January 2020- Curative petition rejected by the SC
• January – February 2020- Mercy petitions filed and rejected
• March 20,2020- Accused hanged till death at Tihar jail

14. nirbhaya gang rape
• Justice Verma Committee was constituted to recommend
amendments to the Criminal Law so as to provide for quicker trial and
enhanced punishment for criminals accused of committing sexual
assault against women. The Committee submitted its report on
January 23, 2013
• Committee has neither recommended death penalty for rapists nor
advocated age reduction for juvenile from 18 years, while slamming
the government and the police for their failure in providing a safe
environment for women in India

15. Current scenario
• In spite of the presence of careful child Acts, the last decade has seen
a huge leap in the rate of juvenile offenders in India.
One of the six men involved in the Nirbhaya gang-rape case (in Delhi)
was a juvenile at the time of committing the crime.
• The juvenile walked free after three years at a reformatory home as
per the Juvenile Justice Act.
• Members of the All India Mahila Sanskritik Sangathan staged a
demonstration in the city to protest against an order passed by the JJB
in New Delhi directing a 17-year old convict in the gang-rape of a 23-
year old physiotherapy student to undergo three years, the maximum
tenure prescribed under the JJ Act, in a Correctional Home. The
protestors called for more stringent punishment to the offender. There
were demands in India to reduce the upper age limit for juveniles from
18 to 16, in light of the Delhi gang rape case.

16. POST Nirbhaya

17. Current scenario
• Child rights activists said that changing this section of the law in
response to a public outcry over a few cases would be a regressive
step.
• In July 2013, the Supreme Court dismissed eight petitions brought by
the public asking the Court to rule that crimes of rape and murder
committed by juveniles should be punished under adult laws and that
the upper age limit for juveniles be lowered to 16.
• But a subsequent petition, later being considered by the Supreme
Court, asked judges to consider the mental maturity of the juvenile
delinquents instead of his or her age in cases where a young person is
accused of involvement in a particularly serious crime.
• Juvenility is mainly a state of mind, and not only a state of body.

18. Current scenario
• Even as the nation pushes and the government debates lowering the
age limit in juvenile crimes in the light of the Delhi gang rape,
National Crime Records Bureau (NCRB) data shows that most
juvenile crimes are committed by those in the age group of 16-18
years. Notably, the minor accused in the Delhi gang rape, who was
allegedly the most brutal among the six accused, was 17 and a half
years old
• The NCRB data also shows rapes committed by juveniles have
jumped by 188%. The only categories of crimes involving juveniles
for which growth figures are higher are theft and robbery which
recorded a growth rate of around 200% and abduction of women
which recorded an exponential rise of 660%

19. Current scenario
• In 2011 the growth in rape by juveniles (34%)
• Other growth figures that were higher than this included abduction of
women (53.5%) . NCRB data for 2011, 64% of all juvenile criminals
fall in the age group of 16-18.
• In 2011, 33,887 juveniles were arrested for 25,178 instances of crime.
• Of these, 1,211 juveniles fell in the 7-12 years age group,
• 11,019 fell in the 12-16 years age group while 21,657 fell in the 16-18
years age group.
• In Delhi itself, of the 925 boys arrested for juvenile crimes in 2011,
567 were in the 16-18 years age group.

20. Current scenario
• The argument that broken families and children without parents lead
to more juveniles taking to crime falls flat if the NCRB data is any
indication. It shows that in 2011, only 5.7% of all juveniles arrested
were found to be homeless. The rest either stayed with their parents
(81.3%) or relatives.
• However, socio-economic conditions have been a factor. A large
chunk of the offenders come from extremely poor families making for
close to 57% of all juvenile criminals. Lack of education is another
important factor with over 55% juvenile criminals being with illiterate
or limited to primary education

21. Current scenario
• Across the country, Madhya Pradesh, Maharashtra, Chhattisgarh,
Andhra Pradesh, Rajasthan, and Gujarat accounted for close to 70% of
all juvenile crimes registered in 2011.
• Madhya Pradesh led the pack in rape cases with 271 cases,
• followed UP (146) and Maharashtra (125).
• Delhi recorded 47 cases of rapes by juveniles.
• All together make for over 50% of all rape cases by juveniles

22. Object of j j act
• To consolidate and amend the law relating to children alleged and
found to be in conflict with law and children in need of care and
protection by catering to their basic needs through proper care,
protection, development, treatment, social re-integration, by adopting
a child-friendly approach in the adjudication and disposal of matters
in the best interest of children and for their rehabilitation through
processes provided, and institutions and bodies established, for
matters connected therewith or incidental thereto.

23. Constitutional law & j j act
The Constitution confer powers and impose duties, under
Article 15 (3)- State to make special laws for Women and Children
Article 39 (e)-no abuse of tender age children
Article 39 (f)- opportunities and facilities to children, no exploitation.
Article 45- Free and compulsory education 6-14 years
Article 47-Raise and maintain standard of nutrition , improve public
health
Article 51 A (k) to provide educational opportunities to children between
6-14 years of age.
State to ensure that all the needs of children are met and that their basic
human rights are fully protected (Human Rights Protection Act 1993)

24. International instruments & j j act
• Government of India has acceded on the 11th December, 1992 to the
Convention on the Rights of the Child, adopted by the General
Assembly of United Nations, which has prescribed a set of standards
to be adhered to by all State parties in securing the best interest of
children.
• To lay down- Standard Minimum Rules for the Administration of
Juvenile Justice, 1985 (the Beijing Rules), the United Nations Rules
for the Protection of Juveniles Deprived of their Liberty (1990), the
Hague Convention on Protection of Children and Co-operation in
Respect of Intercountry Adoption (1993), and other related
international instrument. (The Amendment Bill 2018 – regarding the
adoption procedure to be simplified)

25. Applicability of act
• Extends to the whole of India
• The provisions of this Act shall apply to all matters concerning
children in need of care and protection and children in conflict with
law, including —
• (i) apprehension, detention, prosecution, penalty or imprisonment,
rehabilitation and social re-integration of children in conflict with
law;
• (ii) procedures and decisions or orders relating to rehabilitation,
adoption, re-integration, and restoration of children in need of care
and protection.

26. Statement of Objective of
Juvenile Justice Act of 2000 and 2015
JJ Act of 2000
An Act to consolidate and amend the law
relating to juveniles in conflict with law and
children in need of care and protection, by
providing for proper care, protection and
treatment by catering to their development
needs, and by adopting a child friendly
approach in the adjudication and disposition of
matters in the best interest of children and for
their ultimate rehabilitation and for matters
connected therewith or incidental thereto.
JJ Act of 2015
An Act to consolidate and amend the law
relating to children alleged and found to be
in conflict with law and children in need of
care and protection by catering to their basic
needs through proper care, protection,
development, treatment, social re-integration,
by adopting a child friendly approach in the
adjudication and disposal of matters in the
best interest of children and for their
rehabilitation through processes provided, and
institutions and bodies established, hereunder
and for matters connected therewith or
incidental thereto.

27. What is new in New JJ Act 2015!
• New Offences and Enhanced Punishments
• Judicial Waiver for a category of Children in Conflict with Law
• Fundamental Principles of Juvenile Justice Administration
• Separate Chapter on “Adoption”
• Change in definitions, functions, processes and Institutional setup
• Status of Child Welfare Committee altered
• No Absolute Protection from Disqualification
• Appeal against acquittal made appealable
• Reference to the Hague Convention on Protection of Children and Co-operation in Respect of
Inter-country Adoption , 1993
• Classification of Offences and their consequences

28. Important definitions
(1) “abandoned child” means a child deserted by his biological or
adoptive parents or guardians, who has been declared as abandoned by
the Committee after due inquiry;
(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 attached to a biological child
(3)“authorised foreign adoption agency” means a foreign social or child
welfare agency that is authorised by 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;

29. Important definitions
(4)“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, 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;
(5) “best interest of child” means the basis for any decision taken
regarding the child, to ensure fulfilment of his basic rights and needs,
identity, social well-being and physical, emotional and intellectual
development;

30. Important definitions
(6) “Board” means a Juvenile Justice Board constituted under section 4;
(7) “child” means a person who has not completed eighteen years of age;
(8) “child in conflict with law” means a child who is alleged or found to
have committed an offence and who has not completed eighteen years of
age on the date of commission of such offence;

31. “child in need of care and protection” means a child”
(9)—“child in need of care and protection” means a child
(i) who is found without any home or settled place of abode and without
any ostensible means of subsistence; or
(ii) who is found working in contravention of labour laws for the time
being in force or is found begging, or living on the street; or
(iii) who resides with a person (whether a guardian of the child or not)
and

32. Child…..
such person—
(a) has injured, exploited, abused or neglected the child or has
violated any other law for the time being in force meant for the
protection of child; or
(b) has threatened to kill, injure, exploit or abuse the child and there
is a reasonable likelihood of the threat being carried out; or
(c) has killed, abused, neglected or exploited some other child or
children and there is a reasonable likelihood of the child in question
being killed, abused, exploited or neglected by that person; or
(iv) who is mentally ill or mentally or physically challenged or suffering
from terminal or incurable disease, having no one to support or look after
or having parents or guardians unfit to take care, if found so by the Board
or the Committee; or

33. CHILD….
v) who has a parent or guardian and such parent or guardian is found to
be unfit or incapacitated, by the Committee or the Board, to care for and
protect the safety and well-being of the child; or
(vi) who does not have parents and no one is willing to take care of, or
whose parents have abandoned or surrendered him; or
(vii) who is missing or run away child, or whose parents cannot be found
after making reasonable inquiry in such manner as may be prescribed;
(viii) who has been or is being or is likely to be abused, tortured or
exploited for the purpose of sexual abuse or illegal acts; or
(ix) who is found vulnerable and is likely to be inducted into drug abuse
or trafficking; or

34. Child…..
(x) who is being or is likely to be abused for unconscionable gains; or
(xi) who is victim of or affected by any armed conflict, civil unrest or
natural calamity; or
(xii) who is at imminent risk of marriage before attaining the age of
marriage and whose parents, family members, guardian and any other
persons are likely to be responsible for solemnisation of such marriage;

35. Important definitions
(10) “Children’s Home” means a Children’s Home, established or
maintained, in every district or group of districts, by the State
Government, either by itself, or through a voluntary or non-governmental
organisation, and is registered as such for the
purposes specified in section 50;
(11) “Children’s Court’’ means a court established under the
Commissions for Protection of Child Rights Act, 2005 or a Special Court
under the Protection of Children from Sexual Offences Act, 2012,
wherever existing and where such courts have not been designated, the
Court of Sessions having jurisdiction to try offences under the
Act;

36. Important definitions
(12) “corporal punishment” means the subjecting of a child by any
person to physical punishment that involves the deliberate infliction of
pain as retribution for an offence, or for the purpose of disciplining or
reformation
(13) “foster care” means placement of a child, by the Committee for the
purpose of alternate care in the domestic environment of a family, other
than the child’s biological family, that has been selected, qualified,
approved and supervised for providing such care to the child;
14) “heinous offences” includes the offences for which the minimum
punishment under the Indian Penal Code or any other law for the time
being in force is imprisonment for seven years or more;
(15) “inter-country adoption” means adoption of a child from India by
nonresident Indian or by a person of Indian origin or by a foreigner;
(16) “juvenile” means a child below the age of eighteen years;
(36)

37. Important definitions
(17)“observation home” means an observation home established and
maintained in every district or group of districts by a State Government,
either by itself, or through a voluntary or non-governmental
organisation, and is registered as such, for the purposes specified in sub-
section (1) of section 47;
(18) “orphan” means a child—
(i) who is without biological or adoptive parents or legal guardian; or
(ii) whose legal guardian is not willing to take, or capable of taking care
of the child;
(19)“petty offences” includes the offences for which the maximum
punishment under the Indian Penal Code or any other law for the time
being in force is imprisonment up to three years;

38. Important definitions
(20) “serious offences” includes the offences for which the punishment
under the Indian Penal Code or any other law for the time being in force,
is imprisonment between three to seven years;
NOTE:
Juvenile Justice Bill was passed in the Lok Sabha on 7 May 2015. The
new bill will allows minors in the age group of 16-18 to be tried as
adults if they commit heinous crimes. The crime will be examined by
the Juvenile Justice Board to ascertain if the crime was committed as a
'child' or an 'adult'.

39. Procedure for Age Determination
JJ Act of 2000
Section 49 and Rule 12
A sequence of documents to be considered.
If no document, then age estimation
through a duly constituted medical Board.
Lower margin to be considered and one
year relaxation possible.
JJ Act of 2015
Section 94
In obvious cases, age to be declared on the
basis of physical appearance.
Only in case of reasonable ground for
doubt, process of age determination to be
followed.
In case of no documents, medical age
determination by an ossification test or any
other latest medical age determination test.

40. Bone Ossification Test for Age determination
• The ossification test or osteogenesis is the process of the bone
formation based on the fusion of joints between the birth and age of
twenty¬five years in an individual. Bone age is an indicator of the
skeletal and biological maturity of an individual which assists in the
determination of age.
• The extent of ossification (i.e., calcification) and the union of
epiphysis (rounded end of a long bone) in bones, particularly long
bones such as radius and ulna, humerus, tibia and fibula, and femur,
are helpful in estimating age.
• This test enables one to form a fairly accurate opinion about the age of
an individual, especially in earlier years.

41. Cases on Age determination
In Nirbhaya’s case, the age of the accused was 17 years and six months
according to his birth certificate and other school documents. Police
requested the court to conduct ossification test. But the court refused the
plea and held that it cannot permit the test in presence of a positive
evidence such as birth certificate. In Raju Kumar v. State of
Haryana, court admitted “mark sheet” as proof of age.
Courts have always interpreted the provisions of Juvenile Justice Act in
favour of juveniles. In Arnit Das v. State of Bihar, court held that while
deciding whether an accused is a juvenile or not, a hyper-technical
approach should not be adopted while appreciating the evidence adduced
on behalf of the accused. When two views are possible on the same
evidence, the court should lean in favour of holding the accused to be
juvenile in borderline cases.

42. Cases on Age determination
In a few cases, court has rejected school documents for determination of
age if they do not fulfill the requirements of Indian Evidence Act, 1872.
In Ravindra Singh Gorkhi v. State of Uttar Pradesh, court rejected school
leaving certificate as it did not satisfy the requirements of Indian
Evidence Act, 1872.
The court found that no proper register was maintained and original
register wasn’t produced before the court.
Register wasn’t maintained in the ordinary course of business.
It was concluded that the certificate was made for the purpose of that
case only. Therefore, court rejected the said certificate.

43. Cases on Age determination
Forging a school leaving certificate is relatively easy as compared to
other documents.
This is evident by a scandal which was busted in Bihar. Bihar police
arrested a school principal who made fake certificates for adult criminals
and certified in courts that they were juveniles.
His modus operandi was very simple.
Since he was the principal, it was relatively easy for him to fake a school
leaving certificate.
On an additional charge of Rs. 50,000, he would certify in court that his
clients were juveniles. Police suspects that he sold more than 100 forged
school leaving certificates during his tenure as a principle. He even sold
them to criminals from other states as well. As per police reports, there
are many other people selling fake certificates

44. Cases on Age determination
• In State of Madhya Pradesh v. Anoop Singh, court held that the
ossification test is not sole criteria for determination of age.
• A blind and mechanical view regarding the age of a person cannot be
adopted solely on the basis of a medical opinion by radiological
examination.
• In Mukkarab v. State of U.P.,court held that the medical evidence as to
the age of a person, though a very useful guiding factor, is not
conclusive and has to be considered only along with other cogent
evidence.

45. Cases on Age determination
One of the major flaws with the ossification test is that it only tells the
‘estimated’ age of a person and not the exact age.
It only estimates the ‘biological’ age of a person which differs from
‘legal’ age. Ossification test leaves a margin of atleast six months on
either side even if the test is conducted upon multiple joints.
At times, it shows a variation of four years. If test is conducted upon
single bone, it may leave an error of upto two years on either side. If it is
conducted upon multiple joints with overlapping age of fusion, the
margin may be reduced upto six months on either side.
Still, the possibility of an error cannot be ruled out. Ossification test
leaves much room for speculation and does not give a sure indication as
to the age of a person, particularly when it is in the border region.

46. Age determination in methods….
• There are better techniques available and are used for determination of age
across the world. For example, the U.S. immigration department uses
“wisdom teeth” technique for determination of age.
• Under this technique, doctors examine the third molar which usually erupts
between 17 to 25 years of age. The average error is in this technique is also
significantly lower than the ossification of any other bone.
• Another technique is the “epigenetic clock” technique. Epigenetic clock is
DNA clock which measures DNA methylation levels to estimate age of a
tissue or an organ. The median error in this technique can be reduced to less
than four weeks. Such techniques need to be introduced in India as well.

47. Principles to be followed..
(i) Principle of presumption of innocence
(ii) Principle of dignity and worth
(iii) Principle of participation
(iv) Principle of best interest
(v) Principle of family responsibility
(vi) Principle of safety
(vii) Positive measures
(viii) Principle of non-stigmatising semantics
(ix) Principle of non-waiver of rights
(x) Principle of equality and non-discrimination

48. Principles to be followed..
(xi) Principle of right to privacy and confidentiality
(xii) Principle of institutionalization as a measure of last resort
(xiii) Principle of repatriation and restoration
(xiv) Principle of fresh start
(xv) Principle of diversion
(xvi) Principles of natural justice

49. JUVENILE JUSTICE BOARD
• State Government shall, constitute for every district, one or more
Juvenile Justice Boards for exercising the powers and discharging its
functions relating to children in conflict with law under this Act
• A Board shall consist of a -
• Metropolitan Magistrate or a Judicial Magistrate of First Class (with at
least three years experience ) two social workers, (at least one shall
be a woman) No social worker shall be appointed as a member of the
Board unless such person has been actively involved in health,
education, or welfare activities pertaining to children for atleast 7
years or a practicing professional with a degree in child psychology,
psychiatry, sociology or law.
• Board shall have the powers conferred by the Code of Criminal
Procedure, 1973 as Magistrate

50. JUVENILE JUSTICE BOARD-functions
(a) ensuring the informed participation of the child and the parent or
guardian, in every step
(b) ensuring that the child’s rights are protected throughout the process
of apprehending the child, inquiry, aftercare and rehabilitation;
(c) ensuring availability of legal aid for the child through the legal
services institutions;
(d) wherever necessary the Board shall provide an interpreter or
translator, having such qualifications, experience, and on payment of
such fees as may be prescribed, to the child if he fails to understand the
language used in the proceedings;
(e)directing the Probation Officer, or the Child Welfare Officer or a social
worker, to undertake a social investigation into the case and submit a
social investigation report within a period of fifteen days from the date
of first production before the Board

51. JUVENILE JUSTICE BOARD-functions
(h) disposing of the matter and passing a final order that includes an
individual care plan for the child’s rehabilitation, including follow up by
the Probation Officer
(i) conducting inquiry for declaring fit persons regarding care of children
in conflict with law;
(j) conducting at least one inspection visit every month of residential
facilities for children in conflict with law and recommend action for
improvement in quality of services to the District Child Protection Unit;
(k) order the police for registration of first information report for
offences committed against any child in conflict with law, and for any
child in need of care and protection, under this Act
(m) conducting regular inspection of jails meant for adults to check if
any child is lodged in such jails and take immediate measures for
transfer of such a child to the observation home

52. JUVENILE JUSTICE BOARD proceedings
• What if a child completes 18 years while the matter is in process
before the BOARD????
•  Notwithstanding anything contained in this Act or in any other law
for the time being in force, the inquiry may be continued by the Board
and orders may be passed in respect of such person as if such person
had continued to be a child.
• such person shall, subject to the provisions of this section, be treated
as a child during the process of inquiry.

53. JUVENILE JUSTICE BOARD proceedings
• PROCEDURE IN RELATION TO CHILDREN IN CONFLICT WITH LAW
• child shall be placed under the charge of the special juvenile police
unit or the child welfare police officer,
• Produce child before Board within a period of twenty-four hours
excluding the time necessary for the journey,
• a child alleged to be in conflict with law shall not be placed in a
police lockup or lodged in a jail but will be in separate remand
• be released on bail with or without surety or placed under the
supervision of a probation officer or under the care of any fit person.

54. Bail of Child in Conflict with law
• Such person shall not be so released if there appears reasonable
grounds for believing that the release is likely to bring that person
into association with any known criminal or expose the said person to
moral, physical or psychological danger or the person’s release would
defeat the ends of justice, and the Board shall record the reasons for
denying the bail and circumstances that led to such a decision
• Such officer shall cause the person to be kept only in an observation
home in such manner as may be prescribed until the person can be
brought before a Board.
• Conflict with law is unable to fulfil the conditions of bail order within
seven days of the bail order, such child shall be produced before the
Board for modification of the conditions of bail.

55. Bail of Child in Conflict with law
• The inquiry under this section shall be completed within a period of
four months from the date of first production of the child before the
Board, unless the period is extended, for a maximum period of two
more months by the Board, having regard to the circumstances of the
case and after recording the reasons in writing for such extension.
• A preliminary assessment in case of heinous offences under section
15 shall be disposed of by the Board within a period of three months
from the date of first production of the child before the Board.
• If inquiry by the Board under sub-section (2) for petty offences
remains inconclusive even after the extended period, the
proceedings shall stand terminated

56. Bail Under JJ Act and ABA under Cr.P C
Section 12 of JJ Act: When any person accused of a bailable or non-bailable
offence, and apparently a juvenile, is arrested or detained or appears or is
brought before a Board, such person shall, notwithstanding anything
contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any
other law for the time being in force, be released on bail with or without
surety.
Section 438 (1) Cr.P C: Direction for grant of bail to person apprehending
arrest: When any person has reason to believe that he may be arrested on an
accusation of having committed a non- bailable offence, he may apply to the
High Court or the Court of Session for a direction under this section; and that
Court may, if it thinks fit, direct that in the event of such arrest, he shall be
released on bail.

57. Absence of Anticipatory Bail in JJ Act
• Anticipatory bail allows individual to seek pre-arrest bail, and this
provision if available for adults under Cr.P C but JJ Act excludes
Anticipatory bail
• This has created practical challenges and potential consequences for
juveniles in conflict with law.
Arrested Apprehended

58. Granting ABA U/S 438 Cr. P C Not granting ABA U/S 438 Cr. P C
Allahabad High Court- Granted pre- arrest
bail to juvenile
Telangana High Court- ABA not maintainable as
recourse u/s 12 (1) of JJ Act
Kerala High Court- Denying a Juvenile to
resort to section 438 of Cr. PC has no nexus
with principle of JJ Act
P&H High Court- Pre arrest no available under JJ
Act- as child on being apprehended – will released
immediately
Gujrat High Court- Distinction between arrest
and apprehend was obliterated and pre-arrest
bail was granted
Madhya Pradesh High Court- Application of pre-
arrest falls out of the ambit of JJ Act
High Courts allowing ABA to children alleged to be in
conflict with law under Section 438 and High Courts
refusing to grant ABA under 438 of Cr. P C

59. ABA and JJ ACT
• A liberal and constructive approach must be adopted while
interpreting the provisions of any Act
• Reliance must be placed on the ordinary legislations to fully achieve
the objects of such special legislations.
• Therefore, a juvenile must be made to have the recourse available to
resort to section 438 of Cr. PC, and ruling by the Supreme Court,
clarifying this position of law, is the need of the hour.

60. Child welfare committee
• Child Welfare Committees for exercising the powers and to discharge
the duties conferred on such Committees in relation to children in
need of care and protection under this Act
• 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 the matters
concerning children.
• (3) The District Child Protection Unit shall provide a Secretary and
other staff that may be required for secretarial support to the
Committee for its effective functioning.
• (4) No person shall be appointed for a period of more than three
years as a member of the Committee.

61. Child welfare committee
• The appointment of any member of the Committee shall be
terminated by the State
• Government after making an inquiry, if—
• (i) he has been found guilty of misuse of power vested on him under
this Act;
• (ii) he has been convicted of an offence involving moral turpitude and
such conviction has not been reversed or he has not been granted full
pardon in respect of such offence;
• (iii) he fails to attend the proceedings of the Committee consecutively
for three months without any valid reason or he fails to attend less
than three-fourths of the sittings in a year.

62. Child welfare committee- functions
(i) taking cognizance of and receiving the children produced before it;
(ii) conducting inquiry on all issues relating to and affecting the safety
and wellbeing of the children under this Act;
(iii) directing the Child Welfare Officers or probation officers or District
Child Protection Unit or non-governmental organisations to conduct
social investigation and submit a report before the Committee;
(iv) conducting inquiry for declaring fit persons for care of children in
need of care and protection;
(v) directing placement of a child in foster care;
(vi) ensuring care, protection, appropriate rehabilitation or restoration
of children in need of care and protection, based on the child’s
individual care plan and passing necessary directions to parents or
guardians or fit persons or children’s homes

63. Child welfare committee- functions
(vii) selecting registered institution for placement of each child requiring
institutional support, based on the child’s age, gender, disability
(viii) conducting at least two inspection visits per month of residential
facilities for children in need of care and protection and recommending
action for improvement
(ix) certifying the execution of the surrender deed by the parents and
ensuring that they are given time to reconsider their decision as well as
making all efforts to keep the family together;
(x) ensuring that all efforts are made for restoration of abandoned or
lost children to their families following due process, as may be
prescribed

64. Child welfare committee- functions
(xi) declaration of orphan, abandoned and surrendered child as legally
free for adoption after due inquiry
(xii) taking suo motu cognizance of cases and reaching out to children in
needof care and protection, who are not produced before the
Committee, provided that such decision is taken by at least three
members
(xiii) taking action for rehabilitation of sexually abused children who are
reported as children in need of care and protection to the Committee by
Special Juvenile PoliceUnit or local police, as the case may be, under the
Protection of Children from Sexual Offences Act, 2012;

65. CWC proceedings
Any child in need of care and protection may be produced before the
Committee by any of the following persons, namely:—
(i) any police officer or special juvenile police unit or Child Welfare
Police Officer or any officer of District Child Protection Unit or inspector
appointed under any labour law for the time being in force;
(ii) any public servant
(iii) Childline Services or any voluntary or NGO or any agency as may be
recognised by the State Government;
(iv) Child Welfare Officer or probation officer;
(v) any social worker or a public spirited citizen;
(vi) by the child himself; or
(vii) any nurse, doctor or management of a nursing home, hospital or
maternity home

66. Surrender of child
(1) A parent or guardian, who for physical, emotional and social factors
beyond their control, wishes to surrender a child, shall produce the child
before the Committee.
(2) If, after prescribed process of inquiry and counselling, the Committee
is satisfied, a surrender deed shall be executed by the parent or
guardian, as the case may be, before the Committee.
(3) The parents or guardian who surrendered the child, shall be given
two months time to reconsider their decision and in the intervening
period the Committee shall either allow, after due inquiry, the child to
be with the parents or guardian under supervision, or place the child in
a Specialized Adoption Agency, if he or she is below six years of age, or a
children’s home if he is above six years.

67. REHABILITATION AND SOCIAL RE-INTEGRATION
• The process of rehabilitation and social integration shall be
undertaken in the observation homes, if the child is not released on
bail -special homes or place of safety
• The children in need of care and protection who are not placed in
families for any reason may be placed in an institution registered for
such children - with a Procedure for declaring a child legally free for
adoption- fit person or a fit facility, on a temporary or long-term
basis, and the process of rehabilitation and social integration shall be
undertaken wherever the child is so placed.
• The restoration and protection of a child shall be the prime objective
of any Children’s Home, Specialised Adoption Agency or open shelter.

68. The services -rehabilitation and re-integration of
children
(i)basic requirements such as food, shelter, clothing and medical
attention as per the prescribed standards;
(ii) equipment such as wheel-chairs, prosthetic devices, hearing aids,
braille kits, or any other suitable aids and appliances as required, for
children with special needs;
(iii) appropriate education, including supplementary education, special
education, and appropriate education for children with special needs:

69. Right of Children to Free and Compulsory Education
Act, 2009
• skill development;
• occupational therapy and life skill education;
• mental health interventions, including counselling
• recreational activities including sports and cultural activities;
• legal aid where required; referral services for education, vocational
training, de-addiction, treatment of diseases where required;
• case management including preparation and follow up of individual
care
• birth registration;
• assistance for obtaining the proof of identity, where required; and
• any other service

70. Adoption
1) Adoption - Right to family for the orphan, abandoned and
surrendered children,
(2) Adoption of a child from a relative by another relative,
(3) Nothing in this Act shall apply to the adoption of children made
under the provisions of the Hindu Adoption and Maintenance Act, 1956.
(4) All inter-country adoptions shall be done only as per the provisions
of this Act and the adoption regulations framed by the Authority.
(5) Any person, who takes or sends a child to a foreign country or takes
part in any arrangement for transferring the care and custody of a child
to another person in a foreign country without a valid order from the
Court,  imprisonment of either description for a term which may
extend upto three years, or with fine of one lakh rupees, or with both

71. Adoption – restrictions
(1)The prospective adoptive parents shall be physically fit, financially
sound, mentally alert and highly motivated to adopt a child for providing
a good upbringing to him.
(2) In case of a couple, the consent of both the spouses for the adoption
shall be required.
(3) A single or divorced person can also adopt, subject to fulfilment of
the criteria and in accordance with the provisions of adoption
regulations framed by the Authority.
(4) A single male is not eligible to adopt a girl child.
(5) Any other criteria that may be specified in the adoption regulations
framed by the Authority.
(6) No restrictions of Religion for adoption

72. Inter country Adoption – agency
The Central Adoption Resource Agency
(a) to promote in-country adoptions and to facilitate inter-State
adoptions in co-ordination with State Agency;
(b) to regulate inter-country adoptions;
(c) to frame regulations on adoption and related matters from time to
time as may be necessary;
(d) to carry out the functions of the Central Authority under the Hague
Convention on Protection of Children and Cooperation in respect of
Inter-country Adoption;
(e) any other function as may be prescribed.

73. Offences against children
• No disclosure of name, address or school or any other particular, nor
shall the picture of any such child be published
• The Police shall not disclose any record of the child for the purpose of
character certificate or otherwise in cases where the case has been
closed or disposed of.
• If so Punishment – Imprisonment which may extend to six months
or fine which may extend to two lakh rupees or both.
• Whoever, having the actual charge of, or control over, a child,
assaults, abandons, abuses, exposes or wilfully neglects the child or
causes or procures the child to be assaulted, abandoned, abused,
exposed or neglected in a manner likely to cause such child
unnecessary mental or physical suffering,  imprisonment for a term
which may extend to three years or with fine of one lakh rupees or
with both

74. Offences against children
• offence is committed by any person employed by or managing an
organization, which is entrusted with the care and protection of the
child,  punished with rigorous imprisonment which may extend up
to five years, and fine which may extend up to five lakhs rupees:
• Whoever employs or uses any child for the purpose of begging or
causes any child to beg imprisonment for a term which may extend
to five years and shall also be liable to fine of one lakh rupees:
• Whoever gives, or causes to be given, to any child any intoxicating
liquor or any narcotic drug or tobacco products or psychotropic
substance, except on the order of a duly qualified medical
practitioner,  rigorous imprisonment for a term which may extend
to seven years and shall also be liable to a fine which may extend up
to one lakh rupees.

75. Offences against children
Whoever gives, or causes to be given, to any child any intoxicating liquor
or any narcotic drug or tobacco products or psychotropic substance,
except on the order of a duly qualified medical practitioner  rigorous
imprisonment for a term which may extend to seven years and shall also
be liable to a fine which may extend up to one lakh rupees

76. Appeals (Sec. 101)
Any person aggrieved by an order made by the committee or the board may prefer
appeal to the children’s court within 30 days from order.
However the decisions by the committee related to foster care and sponsorship
after care is appealable before District Magistrate .
Appeal shall lie before the court of session against an order of the board u/s 18(3).
No appeal shall lie from any order of acquittal made by board except in case of
heinous offence.
No appeal shall lie against order made by a committee in respect of finding that
person is not a child in need of care and protection.
No second appeal lie from any order of court of session passed in appeal under this
section.

77. Appeal
• order of Committee or the Board within 30 days - prefer an appeal to
the Children’s Court, except for decisions by the Committee related to
Foster Care and Sponsorship After Care for which the appeal shall lie
with the District Magistrate Court of Sessions, or the District
Magistrate, as the case may be,
• No appeal shall lie from,—
(a) any order of acquittal made by the Board in respect of a child alleged
to have committed an offence other than the heinous offence by a child
who has completed or is above the age of sixteen years; or
(b) any order made by a Committee in respect of finding that a person is
not a child in need of care and protection
• Any person aggrieved by an order of the Children’s Court may file an
appeal before the High Court in accordance with the procedure
specified in the Code of Criminal Procedure, 1973.

78. Child protection
• Every State Government shall constitute a
• Child Protection Society for the State
• Child Protection Unit for every District
• Special Juvenile Police Units in each district and city,
• The National Commission for Protection of Child Rights
• The State Commission for Protection of Child Rights

79. Offences against Children
1. Disclosure of identity of children without reasonable cause. (Sec. 74) 6 months imprisonment or fine of Rs. 2 Lakhs or both.
2. Cruelty inflicted upon child by the person having the actual charge. (Sec. 75) 3 years imprisonment or fine of Rs. 11 Lakhs or both.
3. Employment of child for begging. (Sec. 76) 5 years imprisonment and fine of Rs. 1 Lakh.
4. Whoever gives intoxicating liquor or any narcotic drug or Psychotropic
substances.(Sec.77)
7 years imprisonment and fine of Rs. 1 Lakh.
5. Using a child fro vending, peddling, carrying, supplying any intoxicating liquor or
narcotic drug. (Sec.78)
7 years imprisonment and fine of Rs. 1 Lakh.
6. Exploitation of a child employee. (Sec. 79) 5 years imprisonment and fine of Rs. 1 Lakh.
7. Offering adoption without following the Provision or Procedure as provided. (Sec.
80)
3 years imprisonment or fine of Rs. 1 Lakh or both.
8. Selling or buying a child. (Sec. 81) 5 years imprisonment or fine and fine of Rs. 1 Lakh.
9. Corporal punishment by the person in charge or employ in a child care institution.
(Sec. 82)
Fine of Rs.10000/- for first conviction and for every subsequent
conviction imprisonment upto 3 months or fine or both.
10. Use of child by militant groups or other adults. (Sec. 83) 7 years imprisonment and fine of Rs. 5 Lakh.
11. Kidnapping and abduction. (Sec. 84) Punishment as prescribed under Sec. 359 to 369 I.P.C. Shall

80. Laws for child protection
Prohibition of Child Marriage Act, 2006
The Commissions for Protection of Child Rights Act, 2005
The Juvenile Justice (Care and Protection of Children) Act, 2015
The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full
Participation) Act, 1995
The Pre-Conception and Pre-natal Diagnostic Technique (Prohibition of Sex Selection)
Act, 1994
The Infant Mild Substitutes, Feeding Bottles and Infant Foods (Regulation of Production,
Supply and Distribution) Act, 1992
The Immoral Traffic (Prevention) Act, 1986
The Child Labour (Prohibition and Regulation) Act, 1986
We also need to keep in mind -
The Guardian and Wards Act, 1890
The Young Persons (Harmful Publications) Act, 1956

81. Policies written and ratified….
POLICIES –
• National policy for Children 1974 – is being reviewed currently – has been
analysed on the basis of the UNCRC, Participation / protection are neglected
areas. Drafting Committee is looking at the Policy vis a vis provisions of the
CRC
• National Charter for Children 2004 – framed to reiterate GOI’s commitment to
ensure ‘that no child remains hungry, illiterate or sick.’
• National Plan of Action for Children 2005 – based on the UNCRC rights
framework
• Policy Framework for Children and AIDS – speaks comprehensively of GOI’s
resolve to serve children ‘affected’ by AIDS

82. CONVENTIONS, TREATIES…
• UN Convention on the Rights of the Child
• UN declaration “A World fit for Children” – 2002 Assembly approved Action
Plan to improve the lives of young people – reassembled in Dec 2007 (WFC+5) -
time bound targets had been identified for promoting healthy lives, providing
quality education, protecting against abuse /exploitation /violence and
discrimination and combating HIV/AIDS
• Millennium Development Goals – 2015 is the target date
• SAARC social charter -
• SAARC conventions on Child Welfare and Trafficking

83. Schemes developed…
• Integrated child development Scheme
(ICDS)
• Rajiv Gandhi National Creche Scheme
• Nutrition Component of Prime
Minister Gramodya Yojana
• Nutrition Programme for Adolescent
Girls
• Reproductive and Child Health
Programme
• Pulse Polio Immunization Programme
• Sarva Shiksha Abhiyan
• National Programme for education of
girls at elementary level
• Kasturba Gandhi Balika Vidyalaya
• Mid - day meal scheme
• Shishu greha
• Juvenile justice programme
• Scheme for working children
• Grant-in-aid scheme for voluntary
organisations
• An Integrated Programme for Street
Children – Childline Services
• The National Rural Health Mission
(2005-12)
• National Child Labour Projects.
(NCLP)
• Integrated Child Protection
Scheme (ICPS) - proposed

84. And Institutions created…
• National Institute for Public Cooperation and Child Development (NIPCCD) – to
research and build capacities around Child Development and Protection of all
concerned stakeholders
• National Commission for Protection of Child Rights (NCPCR) – to study and
monitor all matters related to legal and constitutional rights of children; to review
existing laws and suggest amendments; and ensure protection of Child rights in
India
• Central Adoption Resource Agency (CARA) – premier agency in the country
related to intra and out of country adoption

85. The Juvenile Justice (Care and Protection of
Children) Amendment Bill, 2021
• Adoption: The Juvenile Justice (Care and Protection of Children) Act, 2015 states
that adoption of a child is final on the issuance of an adoption order by the civil
court. The Bill provides that instead of the court, the district magistrate (including
additional district magistrate) will issue such adoption orders.
• As of July 2018, there were 629 adoption cases pending in various courts. In order to
expedite adoption proceedings, the Bill transfers the power to issue adoption orders to
the district magistrate. An issue to consider is whether the level of pendency justifies
shifting the load to the district magistrate. Between April 2015 and March 2020, about
19,000 children have been adopted, an average of 320 adoptions per month.
• serious offences :Under the 2015 Act offences committed by juveniles are categorised
as heinous offences, serious offences, and petty offences. Serious offences include
offences with three to seven years of imprisonment. The Bill adds that serious offences
will also include offences for which maximum punishment is imprisonment of more
than seven years, and minimum punishment is not prescribed or is less than seven
years.

86. The Juvenile Justice (Care and Protection of
Children) Amendment Bill, 2021
Appeals: The Bill provides that any person aggrieved by an adoption order passed
by the district magistrate may file an appeal before the Divisional Commissioner,
within 30 days of such order. Such appeals should be disposed within four weeks
from the date of filing of the appeal.
Designated Court: The Act provides that offences against children that are
punishable with imprisonment of more than seven years, will be tried in the
Children’s Court (equivalent to a Sessions Court). Other offences (punishable with
imprisonment of less than seven years) will be tried by a Judicial Magistrate. The
Bill amends this to provide that all offences under the Act will be tried in the
Children’s Court.
Child Welfare Committees (CWCs): The Act provides that states must constitute
one or more CWCs for each district for dealing with children in need of care and
protection. It provides certain criteria for the appointment of members to CWC.

87. Caselaws:
• Darga Ram v. State of Rajasthan (2015) 2 SCC 775- (a journey from 1998 to 2015)
7 years old minor raped by deaf, dumb and illiterate Darga Ram- Age criteria & medical
assistance- section 302 and 376 of IPC - punishment of life imprisonment.
Sanjay Suri v. Delhi Administration, AIR 1986 SC 414- the Supreme Court ordered the
release of juvenile undertrial prisoners. The judgement also highlighted that the jail
authorities shall not accept the age of the juvenile until and unless the age is specifically
mentioned in the documents supporting detention.
Jayendra v. State of UP, AIR 1982 SC 685 -where the order of the High Court sending a
child to imprisonment for committing an offence was challenged before the Supreme
Court. The Supreme Court called for the report by the medical in charge of the jail to
determine the age of the child and it was found that the age of the child at the time of
committing an offence was 16 years and 4 months and the sentence for imprisonment
was quashed and the convict was released immediately.

88. Case laws:
Munna v. State of UP, AIR 1982 SC 806- the apex court released certain
directions regarding children in prisons. The supreme Court held that even if a
child is found to be guilty of an offence, he should not be mistreated. They should
not lock-up their fundamental rights when they enter in jail.
Raj Singh v. State of Haryana, 2000) 6 SCC 759- the juvenile who was less than 16
years of age at the time of the commencement of the offence was convicted
under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 and
was awarded with the punishment of imprisonment. But the Supreme Court held
that under section 2(e) of the Juvenile Justice(Care & Protection) Act, 1986
defines that a juvenile who has been found to guilty of an offence was a juvenile,
hence the entire trial was quashed..

89. Thank you !!