Module III: Juvenile Justice Acts
a. Juvenile Justice Act, 1986 – Definition –Child – Juvenility
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code/difference-between-child-and-juvenile
b. Statutory bodies – Amended laws
c. Juvenile Justice Act, 2000 – Terminologies – Child in Conflict with Law – Child in
need of Care and Protection
Juvenile Justice Act, 2000 – Key Terminologies (6 Marks, 300 Words)
The Juvenile Justice (Care and Protection of Children) Act, 2000 was enacted to consolidate and amend the law
relating to juveniles in conflict with law and children in need of care and protection. Understanding its
terminologies is crucial for interpreting its implementation and objectives.
Juvenile/Child: A juvenile or child under this Act refers to a person who has not completed eighteenth year
of age. The purpose is to provide protection and welfare specifically to individuals below 18 years.
Juvenile in Conflict with Law: This term is used for a juvenile (below 18 years) who is alleged to have
committed an offence. The Act prescribes special procedures and protections for handling cases involving
such juveniles to ensure their rights are preserved.
Child in Need of Care and Protection: This covers children who are without a settled home, found
begging, without parental care, are abandoned or abused, mentally or physically challenged with no means
of support, likely to be exploited or abused, or are victims of calamity or conflict. These children are
entitled to state care, protection, and rehabilitation.
Juvenile Justice Board: A board constituted under the Act to deal with juveniles in conflict with law. The
Board is established to ensure fair and child-friendly trial and rehabilitation processes for juveniles.
Child Welfare Committee (CWC): Formed to deal with children in need of care and protection, the
Committee is vested with powers to decide matters concerning such children and ensure their rehabilitation
and protection.
Children’s Home: An institution set up or certified by the government or a voluntary organization to
provide shelter, care, and support to children in need, as recognized under Section 34 of the Act.
Observation Home: A facility for the temporary reception of juveniles during inquiry, set up by the state or
voluntary organization, certified accordingly. It is not the same as a jail or lock-up and aims at providing a
protective environment.
These terminologies establish a child-centric legal framework ensuring that children receive protection, justice,
and opportunities for reintegration into society.
Child in Conflict with Law – Sections 10 to 26 (Juvenile Justice Act)
Introduction
A child in conflict with law refers to any person under 18 years of age alleged or found to have committed an
offence. The Juvenile Justice (Care and Protection of Children) Act provides a rehabilitative, child-centric
approach, ensuring legal safeguards, individualized care, and social reintegration, keeping the best interests of
the child paramount.
Section-Wise Analysis
Section 10: Apprehension of Child Alleged to be in Conflict with Law
On apprehension, a child cannot be placed in a police lock-up or jail. The police must place the child under
the charge of a Special Juvenile Police Unit or designated Child Welfare Police Officer.
The child must be produced before the Juvenile Justice Board (JJB) within 24 hours.
Section 11: Role of the Person in Charge
Any person or facility given custody by the JJB is responsible for the child’s care and safety until further
orders. Only the Board can alter this arrangement.
Section 12: Bail for Children in Conflict with Law
Bail is the rule; detention is the exception. A child (alleged in any offence) must be released on bail
with/without surety, unless release would expose the child to danger, association with criminals, or defeat
‘the ends of justice.’ Reasons must be recorded for denial.
Section 13: Information to Parents, Guardian or Probation Officer
On apprehension, parents/guardians/probation officers must be informed immediately and asked to be
present before the Board.
A social investigation report regarding the child’s background must be prepared.
Section 14: Inquiry by Board
The JJB conducts child-friendly inquiries and must complete them within four months (extendable by two
more months). The child’s rights must be protected throughout the process.
Section 15: Preliminary Assessment in Heinous Offences
For heinous offences (punishable with seven years or more), the Board does a preliminary assessment of the
child’s mental/physical capacity, ability to understand consequences, and circumstances.
If fit, the Board may transfer the case to the Children's Court for trial as an adult, especially for children
aged 16-18.
Section 16: Review of Pendency
The JJB must review the pendency of inquiries quarterly, ensuring speedy disposal.
Section 17: Orders Regarding Child Not Found to be in Conflict with Law
If the child is found not in conflict, the Board must release the child and make recommendations to prevent
further vulnerability. Appropriate measures for care and protection may be ordered.
Section 18: Orders Regarding Child Found to be in Conflict with Law
The Board has discretion to impose any of the following: let the child go after advice/warning, counseling,
community service, payment of fine, release on probation, or placing in a special home/place of safety for
three years (maximum). No death penalty or life imprisonment can be given to a child under this section.
Section 19: Powers of Children’s Court
If a child is tried as an adult, the Children’s Court will conduct the trial in a child-sensitive manner and may
order rehabilitation. After reaching 21 years, the case is reviewed to decide on release/transfer to jail,
considering reformation.
Section 20: Child Attaining Majority During Inquiry
If a child turns 18 during the inquiry, the proceedings continue as if the person were still a child; placement
is ensured in a place of safety.
Section 21: Prohibitions on Sentences
No death penalty or life imprisonment without possibility of release can be passed against a child in conflict
with law.
Section 22: Non-applicability of CrPC Chapter VIII
Provisions relating to security for keeping the peace (CrPC Chapter VIII) do not apply to children.
Section 23: Bar on Joint Proceedings
No joint proceedings with adults; cases involving adults and children are to be segregated for inquiry or
trial.
Section 24: Removal of Disqualification of Offence
A child dealt with under this law does not suffer disqualifications attached to the conviction for an offence,
except for certain heinous offences as determined by the Children’s Court.
Section 25: Pending Cases
Cases pending before courts at the commencement of the Act concerning children are to be transferred to
the JJB and dealt with as per this Act.
Section 26: Runaway Child in Conflict with Law
Children who escape from lawful custody may be brought before the Board but cannot incur additional
punishment solely for the act of running away. The Board must review if the child’s placement is
appropriate.
Additional Key Points
Child-Centric Principles: The Act prioritizes rehabilitation over punishment, focusing on social
reintegration, right to privacy, non-stigmatization, and upholding the best interests of children.
Presumption of Innocence: Children are presumed innocent up to age 18, unless proved otherwise.
No Stigma: Terminologies like ‘accused,’ ‘convict,’ etc., are avoided to prevent psychological harm.
Landmark & Notable Case Laws
1. Hari Ram v. State of Rajasthan (2009):
Clarified the retrospective application of the 2000 Act, stating juvenility is to be determined at the date of
the offence, benefitting many in pending cases.
2. Jitendra Singh @ Babboo Singh v. State of U.P. (2013):
The Supreme Court stressed that a child's age at the time of the offence is the only relevant factor, not the
age at arrest or trial.
3. Kulai Ibrahim v. State of Tamil Nadu (2014):
Held that juvenility claims can be raised at any stage, even after the conviction is finalized, emphasizing a
child’s right to special legal protection.
4. Pratap Singh v. State of Jharkhand (2005):
The Court confirmed that the benefit of juvenility under the Act is available to offenders who were minors
at the time of the offence, irrespective of when the trial starts.
5. ABC v. State of Chhattisgarh (2024):
Reinforced bail as the norm under Section 12, ensuring a child isn’t detained in an observation home when
bail is granted; upholding the writ of habeas corpus.
6. Salil Bali v. Union of India (2013):
The Supreme Court upheld the constitutional validity of the Juvenile Justice Act, 2000, confirming its
unique rehabilitative approach for juveniles.
7. Dr. Subhash Kashinath Mahajan v. The State of Maharashtra (2018):
Addressed procedural safeguards in juvenile cases, reinforcing the unique treatment of children in conflict
with law to align with constitutional values.
Conclusion
Sections 10–26 establish a specialized, rights-based, and non-punitive legal system for children in conflict with
law under the Juvenile Justice Act. The focus lies on swift, child-friendly judicial inquiry, minimal
institutionalization, individualized care, rehabilitation, and integration back into society. Landmark judicial
pronouncements further protect and expand these rights, ensuring the constitutional vision of justice for India’s
children.