Juvenile Justice (Care

and Protection of
Children) Act, 2015

LECTURE 36: UNIT 5

 Introduction
• 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.
• It seeks to address challenges in the existing Act such as delays in adoption processes,
high pendency of cases, accountability of institutions, etc.
• Processes have been streamlined with timelines for both in-country and inter-country
adoption including declaring a child legally free for adoption.
• The Juvenile Justice (Care and Protection of Children) Act, 2015 has come into force
from January 15, 2016 and repeals the Juvenile Justice (Care and Protection of Children)
Act, 2000.

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 Key provisions
• Change in nomenclature from ‘juvenile’ to ‘child in need of care and protection’ 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;
• 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.

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• 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. 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.

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

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• 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.
• Mandatory registration of Child Care Institutions - All child care institutions, whether run by State
Government or by voluntary or non-governmental organizations, 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. Stringent penalty
is provided in the law in case of non-compliance.
• 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. 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.

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• Several rehabilitation and social reintegration measures have been provided for
children in conflict with law and those in need of care and protection. 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. 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.

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 Institutional Care
• The Child Care Institutions in respect of children in conflict with law are
the Observation Home, Special Home, Place of Safety and fit facility.
For children in need of care and protection, Open Shelters, Children
Home and Special Adoption Agencies have specific roles to play.
• All Child Care Institutions have to be mandatorily registered within six
months from the date of commencement of the Act and failure to do so is
a punishable offence.
• Registration applications of Child Care Institutions are to be disposed of
within six months otherwise it would be considered as dereliction of duty
and will invite departmental proceedings (Section 41).

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 Observation Homes

▫ An Observation Home (hereinafter referred to as OH) is a child-care

facility that is “for the temporary reception, care, and rehabilitation of any
kid claimed to violate the law, while an inquiry is pending.” as per
Section 47 of the JJ Act 2015, the State Government shall create and
operate Observation Homes in each district or set of districts, either
independently or through voluntary organizations or non-governmental
organizations (NGOs).
▫ The JJMR, 2016, Rule 29(1)(i) states that separate OHs for boys and girls,
as well as age-based segregation, should be implemented, taking into
account physical and mental health, as well as the severity of the offence
committed.
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 Special Homes
• A Special Home is an institution that is responsible for “housing and providing
rehabilitative services” to children who have been found guilty of a crime and
ordered by the JJB or the Children’s Court to be placed there as defined under
Section 2(56) of the JJ Act, 2015. Section 47(1) obliged the State Government to
create and maintain Special Homes also in each district or group of districts, either
independently or through volunteer organizations or non-governmental
organizations (NGOs).
• Rule 29 (1)(ii) of the JJMR 2016 states that there should be distinct Special
Homes for girls beyond the age of ten, boys between the ages of eleven and
fifteen, and boys between the ages of sixteen and eighteen. Children in the Special
Home should be divided into groups based on the nature of their offences and
their mental and physical condition.
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 Place of Safety
• A “Place of Safety” is a child-care facility for children who have been accused of
or found to violate the law as per Section 49 of the JJ Act 2015, at least one haven
should be established by the state government.
• Separate arrangements and facilities should be created for children or people
under investigation and children or people who have been convicted.
• As noted in Section 2(46) of the JJ Act 2015, it must not be a police station or a
jail.
• It can be set up on its own or as part of an Observation Home or Special Home.

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 Fit Facility
• The JJ Act allows for the temporary or short-term placement of children in a “Fit Facility.”
Section 2 (27) defines a fit facility as one that is managed by the government or by a
voluntary or non-profit organization and is prepared to care for a child temporarily for a
specific purpose.
• Section 51(1) of the JJ Act 2015 empowers the JJB or the Child Welfare Commission (CWC)
to recognize a facility run by a governmental organization or a voluntary or non-
governmental organization (NGO) registered under any law currently in force as being fit to
temporarily take responsibility for a child for a specific purpose.
• This is done after a thorough investigation into the facility’s and the organization’s
suitability to care for the child in the manner that may be prescribed.

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 Children in Conflict with Law
• “Child in Conflict with Law” has been defined under Section 2 (l3) of the Juvenile Justice (Care & Protection
of Children) Act, 2015 as a child who is alleged or found to have committed an offence and has not
completed eighteen years of age on the date of commission of such offence.
• Various types of offences committed by children in conflict with law have been defined under the JJ Act,
2015 as follows:
 Petty offences : Petty offences include 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.
 Serious Offences : Serious offences include 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.
 Heinous Offences : Heinous offences committed by children in conflict with law include 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.

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 Who is a Children in Need of Care
and Protection?
“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 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
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(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
(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; or
(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
(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
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 Children in Need of Care and
Protection: Procedure
• A child in need of care and protection is to be produced before the Child Welfare
Committee within 24 hours.
• 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 Child Welfare Committee is to send the child in need of care and protection to
the appropriate Child Care Institution and direct a Social Worker, Case Worker or
the Child Welfare Officer to conduct the social investigation within 15 days.
• 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.
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 Children in Need of Care and
Protection: Procedure
• A child in need of care and protection will be placed in a Children‘s Home for care,
treatment, education, training, development and rehabilitation.
• 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 Committee could recognize a facility to be a Fit Facility to
temporarily take the responsibility of a child.
• The Specialized Adoption Agency is to take care of the rehabilitation of orphans,
abandoned or surrendered children.

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 Juvenile Justice Board
• The Juvenile Justice Board is an institutional body constituted under
Section 4 of the JJ Act, 2015.
• According to the division of powers, the subject of administration of
criminal justice has been included in the State List (List II, Schedule
VII) of the Indian Constitution.
• Therefore, one or more than one Juvenile Justice Board(s) are
established by the State Government for each district.
• The Board exercises its powers and discharges functions relating to the
‘child in conflict with law’ as has been defined under Section 2(13) of
this Act.
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 PROCEDURE FOLLOWED BY JJ BOARD

• Under Section 7 of the Act, the procedure in relation to the Board has been laid down.
• The Board shall meet and carry out transactions of business as may be prescribed.
• It is the duty of the Board to ensure that all procedures are child friendly and the venue is
not intimidating.
• If a difference of opinion arises among the Board members in the interim or final disposal
stage, then there are two options:
Either the majority opinion will prevail or if there is no majority, then the opinion of the
Principal Magistrate will prevail.
• In those circumstances when the Board is not sitting, a child in conflict with law may be
produced before an individual member.
• Further, the Board can pass orders even if any Board member is absent and such orders
cannot be held invalid by the only reason that any member was absent during any stage of
proceedings.
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 CONSTITUTION OF THE JJ BOARD

• The constitution of the Board has been defined in Section 4(2) of the Act.
• Composition of Bench under Juvenile Justice Act, 2015
1. Metropolitan Magistrate or Judicial Magistrate First Class (Principal Magistrate herein) [not
being Chief Metropolitan Magistrate or Chief Judicial Magistrate]
-Experience Required: 3 years.
2. Two social workers (one being a woman)
-Experience Required: Active involvement for 7 years in health, education or welfare activities
pertaining to children; OR
-A practicing professional with a degree in child psychology, psychiatry, sociology or law.

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 POWERS OF THE JJ BOARD

• The Bench shall have all the powers conferred by the Code of Criminal
Procedure, 1973 on a Metropolitan Magistrate or a Judicial Magistrate
First Class.

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 TERMINATION/ DISQUALIFICATION OF THE MEMBERS
OF THE JJ BOARD

Under Section 4(7) of the JJ Act, 2015 – the appointment of any Board member, except
the Principal Magistrate, may be terminated post an inquiry by the State Government if
they:
• were found guilty of misuse of power bestowed upon them under this Act; or
• failed to attend the Board proceedings consecutively for three months without
valid reasons; or
• failed in attending less than three-fourths of the sittings in a year; or
• Have become ineligible under sub-section 4 during their tenure as a member.

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 FUNCTIONS OF THE JJ BOARD

• Ensuring informed participation of the child & the parent or the guardian throughout the process
• Ensuring protection of the child’s rights throughout the process of arresting the child, inquiry,
aftercare and rehabilitation
• Ensuring the availability of legal aid for the child through various legal services institutions
• Providing a qualified interpreter or translator to the child if he/she fails to understand the
language during the course of proceedings
• Directing Probation Officer/Child Welfare Officer/Social Worker to undertake a social
investigation into the case. Further, directing them to submit the report within 15 days from the
date of the first production before the Board.
• Adjudicating and disposing of cases pertaining to children in conflict with the law according to
the process mentioned in Section 14
• Transferring matters to the Committee in cases where the child is alleged to be in conflict with
the law, but is stated to be in need of care and protection at any stage

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 FUNCTIONS OF THE JJ BOARD

• Disposing of the matter and passing a final order which should include an individual care plan
for the child’s rehabilitation. This also includes follow-ups by officers or an NGO.
• Conducting inquiry for declaring that a certain person is fit for taking care of the child in
conflict with the law
• Conducting inspection every month of residential facilities for children in conflict with the law
and recommending various measures for improvement in the quality of services provided
• Ordering the police for registration of FIR if any offence is committed against any child in
conflict with the law
• Conducting a regular inspection of jails meant for adults, to check if any child is lodged in such
jails
• Taking immediate measures for the transfer of a child found in jails for adults, to an observation
home
• Any other function as may be prescribed to the Board

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 Child Welfare Committee
• The Child Welfare Committee is an autonomous body declared as a competent
authority to deal with children in need of care and protection.
• Section 27 of Chapter V of the Juvenile Justice (Care and Protection of Children)
Act, 2015 talks about the Child Welfare Committee.
• It is mandatory to form one or more Child Welfare Committees in every district
for exercising power and to discharge the duties conferred in relation to children in
need of care and protection.
• This committee consists of a Chairperson and other four members who
according to the State Government are fit to be appointed, at least one of whom
should be a woman and the other should preferably be an expert on matters
that are concerning the children.

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 POWERS OF CWC

The powers of the Child Welfare Committee are laid down in Section 29 of the Juvenile Justice
(Care and Protection of Children) Act, 2015:
• The Committee has the full authority of disposing of cases for the care, protection and
treatment of the children.
• The Committee can also dispose of cases that are for the development, rehabilitation and
protection of children that are in need, and also to provide for the basic need and protection that
is needed by the children.
• When a Committee is constituted for any particular area, then it has the power to exclusively
deal with all proceedings that are being held under the provisions of this Act that are related to
children in terms of need of care and protection.
• While exercising the given powers curtailed under this Act, the Committee is barred from
performing any act which would go against anything contained in any other law that is in force
at that time.

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 FUNCTIONS AND RESPONSIBILITIES OF CWC
The Functions and Responsibilities of the Child Welfare Committee are mentioned in Section 30 of the Juvenile
Justice (Care and Protection of Children) Act, 2015. Few functions and responsibilities are listed below:
• Cognizance of children that are produced before it. Children who are neglected can be produced before this
committee.
• Conducting inquiry on issues relating to and affecting the safety and well being of the children under this
Act.
• To direct the Child Welfare Officers, District Child Protection Unit and Non- Governmental organizations for
social investigation and also to submit a report before the Committee.
• To conduct an inquiry for the declaration of fit persons for the care of children in need of care and protection.
• To direct placing of a child in a foster care facility.
• To ensure care, protection, restoration and appropriate rehabilitation of those children that are in need of care
and protection. This is based on that child’s individual care plan. It also includes the passing of necessary
directions to parents or guardians or the people who are fit or children’s homes or fit facilities in this regard.
• To select a registered institution for the placement of every child that requires support which is based on that
child’s gender, age, disability and needs. This should be done by keeping in mind the available capacity of
the institution.
• To recommend action that is for the improvement in the quality of services provided to the District Child
Protection Unit and the Government of a State.
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 FUNCTIONS AND RESPONSIBILITIES OF CWC
• To certify the performance of the surrender deed by the parents and to make sure that they are given time to
think about their decision as well as to make a reconsideration to keep the family together.
• To make sure that all the efforts are made for the restoration of the lost or abandoned children to their
families by following due process which is prescribed by the Act.
• To declare children legally free for adoption after due inquiry who are orphans, abandoned and surrendered.
• To take suo moto cognizance of cases and also to reach out to the children who are in need of care and
protection.
• To take action against the rehabilitation of children who are abused sexually and are reported as children in
need of protection and care from the Committee, by the Special Juvenile Police Unit or the local police as the
case may be.
• To deal with cases referred by the Board under sub-section (2) of 17 of this Act.
• To coordinate with various departments that are involved in the care and protection of children. These
departments include the police, the labour department and other agencies.
• To conduct an inquiry and give directions to the police or the District Child Protection Unit in case of a
complaint of abuse of a child.
• To access appropriate legal services for the children.
• To perform such other functions and responsibilities as may be prescribed. 27
Bail of a Juvenile: Section 12
• Any child who has allegedly committed a bailable or non-bailable offence, is apprehended or detained or is
brough before the JJ Board, not withstanding anything contained in the CrPC or any other law, he shall be
released on bail with or without surety or he shall be placed under the supervision of a placement officer.
• Where

Provided that 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. (2) When such
person having been apprehended is not released on bail under subsection (1) by the officer-in-charge of the
police station, 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. (3) When such person is not released on bail
under sub-section (1) by the Board, it shall make an order sending him to an observation home or a place of
safety, as the case may be, for such period during the pendency of the inquiry regarding the person, as may be
specified in the order

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Orders that can be passed against a juvenile-
Section 15
•allow the juvenile to go home after advice or admonition following appropriate inquiry against and counselling to the
parent or the guardian and the juvenile;
•direct the juvenile to participate in group counselling and similar activities;
•order the juvenile to perform community service;
•order the parent of the juvenile or the juvenile himself to pay a fine, if he is over fourteen years of age and earns
money;
•direct the juvenile to be released on probation of good conduct and placed under the care of any parent, guardian or
other fit person, on such parent, guardian or other fit person executing a bond, with or without surety, as the Board
may require, for the good behaviour and well-being of the juvenile for any period not exceeding three years;
•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-being of the juvenile for any period not exceeding three years;
•make an order directing the juvenile to be sent to a special home—
1.in the case of juvenile, over seventeen years but less than eighteen years of age for a period of not less than two
years;
2.in case of any other juvenile for the period until he ceases to be a juvenile;

Provided that the Board may, if it is satisfied that having regard to the nature of the offence and the circumstances of
the case it is expedient so to do, for reasons to be recorded, reduce the period of stay to such period as it thinks fit.

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Orders that cannot be passed against a juvenile-
Section 16

No juvenile in conflict with law shall be sentenced to death or life

imprisonment, or committed to prison in default of payment of fine or in
default of furnishing security.

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 Punishment for Offences Against Children
• The JJ Act, 2015 includes a separate chapter on offences against child and several of the offences
listed in this chapter were so far not adequately covered under any other law.
• These include sale and procurement of children for any purpose including illegal adoption,
corporal punishment in child care institutions, giving children intoxicating liquor or narcotic
drug or psychotropic substance or tobacco products, use of child by militant or adult groups,
offences against disabled children and, kidnapping and abduction of children.
• Further, the JJ Act , 2015 prescribes punishment for the various offences against children such as
enhanced punishment for cruelty to children from six months to three years.
• The selling or buying of children will be a punishable offence with imprisonment of five years.
• Corporal punishment within a Child Care Institution will be a punishable offence. Adoption
without prescribed procedures shall be punishable with imprisonment upto three years or fine of
Rs.1 lakh or with both.
• For the effective implementation of these provisions, JJ Model Rules, 2016 provides for child
friendly procedures for reporting, recording and trial.
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 Rehabilitation and Social Reintegration

Section 40 provides:
The rehabilitation and social reintegration of a child shall begin during the
stay of the child in a children’s home or special home and the rehabilitation
and social reintegration of children shall be carried out alternatively by
(i) adoption,
(ii) foster care,
(iii) sponsorship, and
(iv) sending the child to an after-care organisation.

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 Rehabilitation and Social Reintegration

Section 41 Adoption: The primary responsibility for providing care and

protection to children shall be that of his family. Adoption shall be resorted to
for the rehabilitation of such children as are orphaned, abandoned, neglected
and abused through institutional and non-institutional methods.
Section 42 Foster Care: The foster care may be used for temporary
placement of those infants who are ultimately to be given for adoption. In
foster care, the child may be placed in another family for a short or extended
period of time, depending upon the circumstances where the child’s own
parent usually visit regularly and eventually after the rehabilitation, where the
children may return to their own homes.
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 Rehabilitation and Social Reintegration

Section 43 Sponsorship: The sponsorship programme may provide

supplementary support to families, to children’s homes and to special homes
to meet medical, nutritional, educational and other needs of the children with
a view to improving their quality of life.
Section 44 After Care Organizations: The State Government may, by rules
made under this Act, provide-for the establishment or recognition of after-
care organizations and the functions that may be performed by them under
this Act; for a scheme of after-care programme to be followed by such after-
care organizations for the purpose of taking care of juveniles or the children
after they leave special homes, children homes and for the purpose of
enabling them to lead an honest, industrious and useful life;
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 Rehabilitation and Social Reintegration

Section 45 Linkages and Co-ordination: The State Government may make

rules to ensure effective linkages between various governmental, non-
governmental, corporate and other community agencies for facilitating the
rehabilitation and social reintegration of the child.

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 Monitoring

• The National Commission for Protection of Child Rights as well as

State Commission for Protection of Child Rights are mandated to
monitor the implementation of the provisions of the JJ Act, 2015 in
such manner, as may be prescribed (Section 109).

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