JUVENILE JUSTICE (CARE &

PROTECTION OF CHILDREN)
ACT, 2015
“Children are like buds in a garden and should be carefully and
lovingly nurtured, as they are the future of the nations and citizens of
tomorrow”
– Jawaharlal Nehru

PRESESNTED BY:-

SONIKA
DHAKA
 WHY?

The COI- guides & governs to create an enabling environment

for development of children.
 Article 15 (3)
 Article 39 (e) & (f)
 Article 45
 Article 47
India- committed to abide by international conventions.
 Convention on the Rights of Child- UNGA- India 11
December 1992
 UN Standard Minimum Rules for the Administration of
JJ, 1985 (Beijing Rules)
 UN Rules for Protection of Juveniles Deprived of their
Liberty, 1990
 Hague Convention on the Protection of Children and Co-
operation in Respect of Intercountry Adoption, 1993
 Other related international instruments
 To re-enact 2000 Act
 HISTORICAL BACKGROUND
 India- British Raj, Reformatory schools Act, 1897

 The Madras Children Act, 1920, Bengal Children Act, 1922

Bombay Children Acts, 1924.

 1960- model legislation Children Act passed for use in UTs.

 Criminal Justice administration- CoI- State subject.

 SGs passed special laws for trial & punishment of the

offences committed by children, special institutions for
treatment of such underage criminals.
 The primary legal frame of juvenile justice law in India-JJ
Act 1986- protection, treatment & rehabilitation of
children & delinquent juveniles & for the adjudication of
certain matters related to the disposition of delinquent
juveniles & it repealed all other Children Acts & provided
for a uniform legal framework for the juvenile justice
system throughout the country.

 The JJ Act, 2000 with some modifications. It came into

effect in April 2001 & amended- 2006 & 2010.
 Delhi Gang Rape in 2012- JJ Act, 2015- complete &
consolidated Act, considering the provisions of the
Constitution, Convention on child rights 1992, the UN
Standard Minimum Rules for the Administration of JJ, 1985,
the UN Rules for the Protection of Juvenile Deprived of
their Liberty (1990), the Hague Convention on Protection of
Children and Co-operation in Respect of Inter-Country
Adoption (1993), and other related international instruments.
 OBJECTS
 To consolidate & amend the law
 relating to CCL & CNCP
 by catering to their basic needs through proper care, protection,
development, treatment, social reintegration,
 by adopting a child-friendly approach in the adjudication and
disposal of matters in the best interest of children
 For their rehabilitation through processes provided and
institutions and bodies established, and for matters connected
therewith or incidental thereto.
 Changes made in the Act
 Allow a JJB- include psychologists & sociologists, to decide
whether a juvenile criminal in the age group of 16–18 should be
tried as an adult or not.
 The Hague Convention on Protection of Children & Cooperation in
Respect of Inter-country Adoption 1993.
 Makes the adoption process of orphaned, abandoned and
surrendered children more streamlined.
 Introduces foster care in India. Families will sign up for foster care
and abandoned, orphaned children, or CCL will be sent to them.
 Such families- monitored & receive financial aid- state.
 Adoption- disabled, physically & financially incapable
will be given priority. Parents giving up their child for
adoption will get 3 m to reconsider, compared to the
earlier provision of 1 m.
 A person giving alcohol/drugs to a child shall be punished
with 7 years- ₹1,00,000 fine.
 Corporal Punishment- ₹10,000/3 months of imprisonment.
 A person selling a child- fine with ₹1,00,000 & 5 yr.
 Juveniles 16 years or older to be tried as adults for heinous
offences like rape and murder.
 The decision to try as an adult will be taken by the Juvenile
Justice Board, which will have a judicial magistrate and
two social workers as members. If the board decides
against it, the juvenile will be sent for rehabilitation.
 Heinous offences- punishable with imprisonment of seven
years/more.
 Mandates setting up Juvenile Justice Boards and Child
Welfare Committees in every district. Both must have at
least 1 woman member each.
 The Child Welfare Committees will look at institutional care
for children in their respective districts. Each committee will
have a chairperson and four other members, all specialists in
matters relating to children.
 Any child that found committing any crime will now be send
for a preliminary assessment for a period of three months, up
from the earlier one month.
 Preliminary assessment- not trial, but assess child’s capacity-
crime.
 Proper training of special juvenile units in the police force.
 NCPCR & SCPCR- nodal authorities to be responsible for
monitoring implementation, the publicity of the amended act,
and to look into cases that arise out of the Act.
 S. 1. Short title, extent, commencement and
application
 The Juvenile Justice (Care and Protection of Children)
Act, 2015- whole of India
 came into force on 15 January 2016. (enacted- 31 Dec
2015).
 Act shall apply to all matters concerning children in need
of care and protection and children in conflict with law,
including
 apprehension, detention, prosecution, penalty or
imprisonment, rehabilitation and social re-integration of
CCL;
 procedures & decisions/orders relating to rehabilitation,
adoption, re-integration, & restoration of CNCP.
 S. 2 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;
 (60) “surrendered child” means a child, who is relinquished
by the parent or guardian to the Committee, on account of
physical, emotional and social factors beyond their control,
and declared as such by the Committee;
 (2) “adoption”- the process through which adopted child is
permanently separated from his biological parents &
becomes lawful child of his adoptive parents with all rights,
privileges & responsibilities- attached to a biological child;
 (8) “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/any other person/of an animal;
 (24) “corporal punishment”- subjecting child to physical
punishment that involves the deliberate infliction of pain
as retribution for an offence, or for disciplining/
reforming child;
 (5) “aftercare” means making provision of support,
financial or otherwise, to persons, who have completed
the age of eighteen years but have not completed the age
of twenty-one years, and have left any institutional care to
join the mainstream of the society;
 (9) “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;
 (12) “child” means a person who has not completed
eighteen years of age;
 (15) “child friendly”- any behavior, conduct, practice,
process, attitude, environment or treatment that is humane,
considerate and in the best interest of the child;
 (35) “juvenile” means a child below the age of 18 years;
 (13) “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;
 (14) “child in need of care and protection”—
(i) who is found without any home/settled place of abode and
without any ostensible means of subsistence; or
(ii) who is found working in contravention of labor laws for
time being in force/is found begging, or living on 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; (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/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
(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 other persons are likely to be responsible
for solemnization of such marriage;
 (21) “child care institution” means Children Home, open
shelter, observation home, special home, place of safety,
Specialized Adoption Agency and a fit facility
recognized under Act for providing care and protection
to children, who are in need of such services;
 (19) “Children’s Home”- 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 organization, and is
registered as such for the purposes specified in s. 50;
 (41) “open shelter” means a facility for children,
established and maintained by the State Government,
either by itself, or through a voluntary or non-
governmental organization under s. 43(1), and registered
as such, for the purposes specified in that section;
 (40) “observation home”- established & maintained in
every district/group of districts by a SG, either by itself,
or through a voluntary or non-governmental
organization, and is registered as such, for the purposes
specified in s. 47(1);
 (56) “special home” means an institution established by a
State Government or by a voluntary or non-governmental
organization, registered under section 48, for housing
and providing rehabilitative services to children in
conflict with law, who are found, through inquiry, to
have committed an offence and are sent to such
institution by an order of the Board;
 (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;
 (23) “court” means a civil court- jurisdiction- adoption,
guardianship & may include the District Court, Family
Court & City Civil Courts;
 (45) “petty offences” includes the offences for which the
maximum punishment under the Indian Penal Code (45 of
1860) or any other law for the time being in force is
imprisonment up to three years;
 (54) “serious offences” includes the offences for which the
punishment under the IPC or any other law for the time
being in force, is imprisonment between 3-7 years;
 (33) “heinous offences” includes the offences for which the
min. punishment under IPC or any other law for time being
in force is imprisonment for 7 yr/more;
 (42) “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;
 (48) “probation officer” means an officer appointed by
the State Government as a probation officer under the
Probation of Offenders Act, 1958 (20 of 1958) or the
Legal-cum-Probation Officer appointed by the State
Government under District Child Protection Unit;
 (61) all words and expressions used but not defined in
this Act and defined in other Acts shall have the
meanings respectively assigned to them in those Acts.
 General principles- S. 3
CG, SG, the Board, & other agencies- while implementing
provisions- guided by following fundamental principles:—
 Principle of presumption of innocence: Child- presumed-
innocent of any mala fide/criminal intent up to 18 years.
 Principle of dignity & worth: Human beings- treated with
equal dignity & rights.
 Principle of participation: Child- right to be heard &
participate in all processes & decisions affecting his
interest & child’s views shall be taken into consideration
with due regard to age & maturity of child.
 Principle of best interest: All decisions regarding child

shall be based on primary consideration that they are in

best interest of child & help child to develop full potential.

 Principle of family responsibility: Primary responsibility

of care, nurture & protection of child shall be that of

biological family/adoptive/foster parents.

 Principle of safety: Measures shall be taken to ensure that
child is safe & is not subjected to any harm,
abuse/maltreatment while in contact with care &
protection system.

 Positive measures: All resources are to be mobilized

including those of family and community, for promoting
the well-being, facilitating development of identity &
providing an inclusive & enabling environment, to reduce
vulnerabilities of children and the need for intervention
under this Act.
 Principle of non-stigmatizing semantics:
Adversarial/accusatory words- not to be used in processes
pertaining to child.
 Principle of non-waiver of rights: No waiver of any of the
right of the child is permissible or valid, whether sought by
the child or person acting on behalf of the child, or a
Board/Committee & any non-exercise of fundamental right
shall not amount to waiver.
 Principle of equality & non-discrimination: There shall be
no discrimination against a child on any grounds including
sex, caste, ethnicity, place of birth, disability and equality
of access, opportunity and treatment shall be provided to
every child.
 Principle of right to privacy & confidentiality: Every
child shall have right to protection of his privacy &
confidentiality, by all means & throughout judicial
process.
 Principle of institutionalization as measure of last resort:
A child shall be placed in institutional care as step of last
resort after making reasonable inquiry.
 Principle of repatriation & restoration: Every child in
juvenile justice system shall have right to be re-united
with his family at earliest & to be restored to same
socioeconomic & cultural status that he was in, before
coming under purview of this Act, unless such
restoration & repatriation is not in his best interest.
 Principle of fresh start: All past records of any child
under Juvenile Justice system should be erased except in
special circumstances.
 Principle of diversion: Measures for dealing with children
in conflict with law without resorting to judicial
proceedings shall be promoted unless it is in the best
interest of the child/society as a whole.
 Principles of natural justice: Basic procedural standards
of fairness shall be adhered to, including the right to a fair
hearing, rule against bias and the right to review, by all
persons or bodies, acting in a judicial capacity under this
Act.
 Juvenile Justice Board
S. 4.
 Notwithstanding anything contained in the CrPC, 1973 the SG
shall, constitute for every district, one/more JJBs for exercising
powers & discharging its functions relating to children in
conflict with law.
 Board shall consist of a MM/JM I Class not being CMM/ CJM
(Principal Magistrate) with at least 3 years experience & 2
social workers selected in such manner as may be prescribed,
of whom at least 1- woman, forming a Bench & every such
Bench shall have the powers conferred by the CrPC, 1973 on a
MM/JM I Class.
 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 at least 7 years or a practicing professional
with a degree in child psychology, psychiatry, sociology
or law.
 No person shall be eligible for selection as a member of
the Board, if he—
 has any past record of violation of human rights or child
rights;
 has been convicted of an offence involving moral
turpitude, and such conviction has not been reversed or
has not been granted full pardon in respect of such
offence;
 has been removed or dismissed from service of the
Central Government or a State Government or an
undertaking or corporation owned or controlled by the
Central Government or a State Government;
 has ever indulged in child abuse/employment of child
labor/ any other violation of human rights or immoral
act.
 The SG shall ensure that induction training and
sensitization of all members including Principal
Magistrate of the Board on care, protection,
rehabilitation, legal provisions and justice for children,
as may be prescribed, is provided within a period of 60
days from date of appointment.
 The term of office of the members of the Board and the
manner in which such member may resign shall be such,
 The appointment of any member of the Board, except the
Principal Magistrate, may be terminated after holding an
inquiry by the SG, if he—
 (i) has been found guilty of misuse of power vested
under this Act; or
 (ii) fails to attend the proceedings of the Board
consecutively for three months without any valid reason;
or
 (iii) fails to attend less than three-fourths of the sittings
in a year; or
 (iv) becomes ineligible under sub-section (4) during his
term as a member
 S. 5. Placement of person, who cease to be a child during
process of inquiry.—Where inquiry has been initiated in
respect of any child under this Act, & during course of
such inquiry, child completes the age of 18 years, then,
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 & orders may be passed in
respect of such person as if such person had continued to
be a child.
6. Placement of persons, who committed an offence, when
person was below the age of eighteen years.—
 (1) Any person, who has completed eighteen years of
age, and is apprehended for committing an offence when
he was below the age of eighteen years, then, such
person shall, subject to the provisions of this section, be
treated as a child during the process of inquiry.
 (2) The person referred to in sub-section (1), if not
released on bail by the Board shall be placed in a place
of safety during the process of inquiry.
 (3) The person referred to in sub-section (1) shall be
treated as per the procedure specified under the
provisions of this Act.
 7. Procedure in relation to Board.—(1) The Board shall
meet at such times and shall observe such rules in regard
to the transaction of business at its meetings, as may be
prescribed and shall ensure that all procedures are child
friendly and that the venue is not intimidating to the
child and does not resemble as regular courts.

 (2) A child in conflict with law may be produced before

an individual member of the Board, when the Board is
not in sitting.
 (3) A Board may act notwithstanding the absence of any
member of the Board, and no order passed by the Board
shall be invalid by the reason only of the absence of any
member during any stage of proceedings: Provided that
there shall be at least two members including the
Principal Magistrate present at the time of final disposal
of the case or in making an order under sub-section (3) of
section 18.
 (4) In the event of any difference of opinion among the
members of the Board in the interim or final disposal, the
opinion of the majority shall prevail, but where there is
no such majority, the opinion of the Principal Magistrate,
shall prevail.
 8. Powers, functions and responsibilities of the Board.—
(1) Notwithstanding anything contained in any other law
for the time being in force but save as otherwise
expressly provided in this Act, the Board constituted for
any district shall have the power to deal exclusively with
all the proceedings under this Act, relating to children in
conflict with law, in the area of jurisdiction of such
Board.
 (2) The powers conferred on the Board by or under this
Act may also be exercised by the High Court and the
Children’s Court, when the proceedings come before
them under section 19 or in appeal, revision or
otherwise.
 (3) The functions and responsibilities of the Board shall
include— (a) ensuring the informed participation of the
child and the parent or guardian, in every step of the
process; (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 in case a Probation
Officer is not available to 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 to ascertain the circumstances in which
the alleged offence was committed;
 (f) adjudicate and dispose of cases of children in conflict
with law in accordance with the process of inquiry
specified in section 14;
 (g) transferring to the Committee, matters concerning
the child alleged to be in conflict with law, stated to be
in need of care and protection at any stage, thereby
recognizing that a child in conflict with law can also be
a child in need of care simultaneously and there is a
need for the Committee and the Board to be both
involved; (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 or the District Child Protection Unit or a
member of a non-governmental organization, as may be
required; (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 and the
State Government;
 (k) order the police for registration of first information
report for offences committed against any child in
conflict with law, under this Act or any other law for the
time being in force, on a complaint made in this regard;
 (l) order the police for registration of first information
report for offences committed against any child in need
of care and protection, under this Act or any other law
for the time being in force, on a written complaint by a
Committee in this regard;
 (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; and
 (n) any other function as may be prescribed.
 9. Procedure to be followed by a Magistrate who has not
been empowered under this Act.—(1) When a
Magistrate, not empowered to exercise the powers of the
Board under this Act is of the opinion that the person
alleged to have committed the offence and brought
before him is a child, he shall, without any delay, record
such opinion and forward the child immediately along
with the record of such proceedings to the Board having
jurisdiction.
 (2) In case a person alleged to have committed an
offence claims before a court other than a Board, that the
person is a child or was a child on the date of
commission of the offence, or if the court itself is of the
opinion that the person was a child on the date of
commission of the offence, the said court shall make an
inquiry, take such evidence as may be necessary (but not
an affidavit) to determine the age of such person, and
shall record a finding on the matter, stating the age of the
person as nearly as may be:
 Provided that such a claim may be raised before any
court and it shall be recognised at any stage, even after
final disposal of the case, and such a claim shall be
determined in accordance with the provisions contained
in this Act and the rules made thereunder even if the
person has ceased to be a child on or before the date of
commencement of this Act.
 (3) If the court finds that a person has committed an
offence and was a child on the date of commission of
such offence, it shall forward the child to the Board for
passing appropriate orders and the sentence, if any,
passed by the court shall be deemed to have no effect.
 (4) In case a person under this section is required to be
kept in protective custody, while the person’s claim of
being a child is being inquired into, such person may be
placed, in the intervening period in a place of safety.
 Chapter iv- Procedure-CCWL

S. 10. Apprehension of ccwl-

 As soon as ccwl apprehended by police- shall be placed under

charge of special juvenile police unit/designated child welfare
police before Board without any loss of time but within 24
hours of apprehending excluding journey time, from
apprehended place. Ccwl- never be placed in police
lockup/jail.
The SG shall make rules consistent with Act-
 to provide for persons through whom any ccwl- produced
before Board;
 to provide manner in which ccwl- sent to observation
home/place of safety.
S. 11. Role of person in whose charge ccwl is placed-
 While order is in force- responsibility as if child’s parent
& responsible for child’s maintenance.
 Child shall continue in such person’s charge for period
stated by Board- even if child claimed by parents/other
person except when Board- opinion- parent/other person-
fit to exercise charge over such child.
12. Bail to ccwl-
 When committed bailable/non-bailable offence-
apprehended/detained by police/brought before Board-
child shall- (notwithstanding anything in CrPC, 1973 or
other law)- be released on bail with/out surety/placed
under supervision of PO/under care of any fit person.
 Child shall not be released if- reasonable grounds-
release is likely to bring him into association with any
known criminal/expose to moral, physical/psychological
danger/release would defeat ends of justice, and Board
shall record reasons for denying bail & circumstances
that led to such decision.
 Child not released on bail- by OIC of police station-
officer- shall keep ccwl only in observation home until
brought before Board.
 When not released on bail by Board- order sending him to
observation home/place of safety during pendency of
inquiry.

 When ccwl unable to fulfil bail conditions within 7 days of

bail- produced before Board for modification- bail.

S. 13. Information to parents, guardian/probation officer

 Where ccwl apprehended- Child Welfare Police Officer of

the police station/special juvenile police unit to which such
child is brought, shall ASAP inform-

 Parent/guardian- if found & direct them to be present at

Board before which child is produced;
 PO/if no PO- Child Welfare Officer- preparation &
submission within 2 weeks to Board- social investigation
report- regarding antecedents, family background of child &
other material circumstances likely to be of assistance to
Board for making inquiry.
 Where child-released-bail-PO/CWO-informed by Board.
S. 14. Inquiry by Board regarding ccwl
 Where ccwl produced before Board- inquiry as per Act &
may pass orders under s. 17 & 18.
 Inquiry- shall be completed within 4 months from date of 1st
production of child before Board- unless period- extended,
for a max. period of 2 more months by Board, having regard
to the circumstances of case & after recording the reasons in
writing for such extension.
 Preliminary assessment- heinous offences u/s. 15 shall be
disposed of by Board within 3 months from date of 1st
production of child before Board.
 If inquiry by Board for petty offences- inconclusive even
after extended period- proceedings- terminated.
 For serious/heinous offences- if Board requires further
extension- by CJM/CMM-reasons- writing.
 Board- take following steps- ensure fair & speedy
inquiry-
 satisfy itself that ccwl- not subjected to any ill-treatment
by police/other person, including lawyer/probation
officer & take corrective steps- if ill-treatment;
 Proceedings- in simple manner & care- to ensure child-
friendly atmosphere during the proceedings;
 child- shall be given opportunity of being heard &
participate in inquiry;
 cases of petty offences- disposed of by Board through
summary proceedings- CrPC, 1973
 inquiry of serious offences- disposed of by Board-
summons cases under CrPC;
 inquiry of heinous offences-
(i) for child below 16 years as on date of offence- disposed
of by- Board;
(ii) for child above 16 years as on the date of offence-
section 15.
S. 15. Preliminary assessment- heinous offences by Board
 heinous offence- completed/above- 16 years- Board shall
conduct preliminary assessment with regard to his mental
& physical capacity to commit such offence, ability to
understand consequences & circumstances in which he
allegedly committed the offence & may pass order.
 For such assessment- Board may take assistance of
experienced psychologists/psycho-social workers/other
experts.
 Preliminary assessment- not trial- but assess capacity of
child to commit & understand consequences of alleged
offence.
 Board- satisfied on preliminary assessment- matter should
be disposed of by Board then Board shall follow
procedure- for trial in summons case under CrPC, 1973.
S. 16. Review of pendency of inquiry
 The CJM/CMM shall review- pendency of cases of Board
once in 3 months & shall direct Board to increase
frequency of its sittings/recommend constitution of
additional Boards.
 The no. of cases pending before Board, duration & nature
of pendency & reasons shall be reviewed in 6 months by
high level committee consisting of Executive Chairperson
of State Legal Services Authority, who shall be
Chairperson, Home Secretary, Secretary responsible for
implementation of JJ Act in State & representative from
voluntary/non-governmental organization to be nominated
by Chairperson.
 The information of such pendency shall also be furnished
by Board to CJM/CMM & DM on quarterly basis as
prescribed by SG.
17. Orders regarding child not found to be in conflict

with law

 Where Board- satisfied on inquiry that child brought

before it has not committed any offence- Board shall

pass order to that effect.

 In case it appears to Board that child is in need of care

and protection, it may refer child to Committee with

appropriate directions.
S. 18. Orders regarding ccwl
 Where Board- satisfied on inquiry- child irrespective of
age- committed- petty/serious offence, or child below 16
years- committed heinous offence- based on nature of
offence, specific need for supervision/intervention,
circumstances as brought out in social investigation report
& past conduct of child, Board may-
(a) allow child- go home after advice/admonition by
following appropriate inquiry & counselling to such child
& to his parents/guardian;
(b) direct child- participate- group counselling, similar
activities;
(c) Order child to perform community service under
supervision of organization/institution/specified person,
persons/group of persons identified by Board;
(d) order child/parents/guardian to pay fine.
In case child- working- ensured that provisions of any labor
law for time being in force are not violated;
(e) direct child- released on probation of good conduct &
placed under care of any parent, guardian/fit person-
executing bond- with/out surety, as Board may require, for
good behavior & child’s well-being for any period not
exceeding 3 years;
(f) direct child- released on probation of good conduct &
placed under care & supervision of any fit facility for
ensuring the good behavior & child’s well-being for any
period not exceeding 3 years;
(g) direct- child- sent to special home, for not exceeding 3
years, for providing reformative services including
education, skill development, counselling, behavior
modification therapy & psychiatric support during period of
stay in special home:
 If conduct & behavior of child- it would not be in child’s
interest/interest of other children housed in special home,
Board may send such child to place of safety.
 If order passed- Board may, in addition pass orders to-
(i) attend school; or
(ii) attend a vocational training centre; or
(iii) attend a therapeutic centre; or
(iv) prohibit child- visiting, frequenting/appearing at
specified place; or
(v) undergo de-addiction programme.
 Where Board after preliminary assessment pass order-
there is need for trial of said child as adult- Board may
order transfer of trial of case to Children’s Court having
jurisdiction to try such offences.
S. 19. Powers of Children’s Court
 After receipt of preliminary assessment- Children’s Court
may decide that—
(i) need for trial of child as adult as per CrPC, 1973 & pass
appropriate orders after trial (subject to s. 19 & 21),
considering special needs of child, tenets of fair trial &
maintaining child friendly atmosphere;
(ii) no need for trial as adult & may conduct inquiry as
Board & pass appropriate orders as per s. 18.
 The Children’s Court- ensure- final order regarding ccwl
shall include individual care plan for rehabilitation of
child, including follow up by PO/DCPU/social worker.
 Children’s Court- ensure- ccwl- sent to place of safety till
21 years of age & thereafter- transferred to a jail.
 Reformative services including educational services, skill
development, alternative therapy as counselling, behavior
modification therapy & psychiatric support- provided to
child during his stay in place of safety.
 Children’s Court- ensure- periodic follow up report every
year by PO/DCPU/social worker- to evaluate progress of
child in place of safety & ensure no ill-treatment to child
in any form.
 Reports- shall be forwarded to Children’s Court for record
and follow up.
S. 20. Child attained 21 years age and yet to complete
prescribed term of stay in place of safety
 Children’s Court- shall provide- follow up-
PO/DCPU/social worker/itself- to evaluate if child
undergone reformative changes & child- can-contributing
member of society & the progress records of the child s.
19 & evaluation of relevant experts- considered.
 Children’s Court may-
(i) decide to release child on necessary conditions-
including appointment of monitoring authority for
remainder of prescribed term of stay;
(ii) Decide- child shall complete the remainder of his term
in a jail.
 SG- shall maintain monitoring authorities list &
monitoring procedures.
S. 21. Order that may not be passed against ccwl

 Death/LI without possibility of release-for any offence-

under JJ/IPC, 1860/other law.

S. 22. Proceeding under Chapter VIII CrPC not to apply

against child

S. 23. No joint proceedings of ccwl & person not a child

 Notwithstanding anything contained in s. 223 CrPC, 1973

or other law - no joint proceedings.

 If during inquiry by Board/Children’s Court- person

alleged to be in conflict with law- found- not a child- shall
not be tried along with child.
S. 24. Removal of disqualification on findings of offence

 Child who has completed/above 16 years- Children’s

Court under- shall not apply.

 Board shall make order directing Police, or by Children’s

Court- relevant records of such conviction- destroyed
after expiry of period of appeal/reasonable period.

 heinous offence- relevant records of conviction of such

child shall be retained by the Children’s Court.

S. 25. Special provision in respect of pending cases

 Prospective effect
S. 26. Provision with respect of run away ccwl
 any police officer may take charge of ccwl who has run
away from special home/observation home/place of
safety/from care of person/institution under whom the
child was placed.
 Shall be produced- within 24 hours- preferably before
Board which passed original order/nearest Board where
the child is found.
 Board shall ascertain reasons and pass appropriate orders
for child to be sent back either to institution/person from
whose custody child had run away/other similar
place/person.
 Board may also give additional directions- special steps
–necessary-for best interest of the child.
 No additional proceeding- instituted.
THANK YOU