Mod 7- Juvenile Justice Act 1986
I. Juvenile Justice Board
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 those in
need of care and protection by affording care, protection and treatment, by catering to
their needs and adopting an attitude conducive to proper adjudication and disposition
of matters in the best interest of children and for their rehabilitation.
The Act applied to persons who had not completed the age of 18 years and they are
referred to as children or juveniles. Special Court under POCSO or a Sessions Court
may be designated as Children's Court. Offences have been classified into heinous
offences, serious offences and petty offences depending upon the punishment
prescribed. Under the Act, the Board may continue with its inquiry even if the child
crosses the age of 18 during the inquiry, as if such person continued to be a child.
When a child alleged to be in conflict with law is produced before the Board, it should
hold an inquiry to be completed within four months. The inquiry is to determine
whether a heinous offence alleged has been committed by a child above 16 years. This
is not a trial but an assessment of the capacity of such child to commit and understand
the consequences of the alleged offence. Where the Board assessees that there is need
for trial of the said child as an adult, it may order transfer to the Children's Court
having jurisdiction.
No child can be kept in a police lock-up. Observation homes shall take care of
children in conflict with law when their proceedings are pending before the Board.
Thereafter, if they are ordered to be given institutional treatment, they are sent to
special home established under the Act. It is in children home where the children in
need of care and protection are sent for care and protection.
The Juvenile Justice Board is a quasi-judicial body established under Section 4 of
the Juvenile Justice (Care and Protection of Children) Act, 2015. Unlike a regular
criminal court, the JJB focuses on the rehabilitation and social re-integration of
"Children in Conflict with Law" (CICL) rather than punishment
CrPC does not apply and the State Government has to 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.
Composition of Bench under Juvenile Justice Act, 2015 (Sec 4)
1. Judicial Magistrate First Class (Principal Magistrate herein) [not being 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 practising professional with a degree in child psychology, psychiatry, sociology
or law.
3. Member of Juvenile Justice Board
The person will not be eligible if they:
Have any past record of violation of human rights or child rights;
Were convicted of an offence which involved the ground of moral turpitude +
such conviction has not been reversed or has not been granted pardon;
Were removed or dismissed from the services of:
o Either the Central Government or the State Government
o An undertaking/ corporation owned or controlled by the Central
Government or the State Government
Have ever indulged in the acts of:
o Child abuse
o Child labour
o Any other violation of human rights or immoral act
Training of Members-
The State Government shall ensure that induction training and sensitisation of all
members including Principal Magistrate of the Board on care, protection,
rehabilitation, legal provisions and justice for children is provided within sixty days
from the date of appointment.
Term of Office
The term of office for members of the Juvenile Justice Board (JJB) in India is three
years from the date of appointment. Social workers are eligible for a maximum of two
terms, which cannot be continuous. The appointment typically ends if a member
reaches 65 years of age
Termination/Disqualification of Members of the Juvenile Justice 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:
1) were found guilty of misuse of power bestowed upon them under this Act; or
2) failed to attend the Board proceedings consecutively for three months without
valid reasons; or
3) failed in attending less than three-fourths of the sittings in a year; or
4) Have become ineligible under sub-section 4 during their tenure as a member.
Decision Making & Sittings (Section 7)
Majority Rule: Decisions are made by a majority. If there is a difference of
opinion, the majority view prevails.
Tie-Breaker: If there is no majority (e.g., only two members are present and
they disagree), the opinion of the Principal Magistrate prevails.
Quorum: At least two members (one of whom must be the PM) must be present
at the time of final disposal of a case. However, any member can record the
child's statement or pass interim orders.
Powers of the Board (Section 8)
The Board has the powers of a JMFC/Metropolitan Magistrate under the CrPC/BNSS,
but with specific limitations and expansions:
1. Exclusive Jurisdiction: Even if a child is produced before any other court, that
court must transfer the case to the JJB. The Board has the power to deal with all
proceedings under the Act for its district.
2. Power to Grant Bail (Section 12)
This is one of the most significant powers of the Board, where the philosophy of "Bail
is the rule" is applied strictly.
Mandatory Release: The Board has the power to release a child on bail,
regardless of whether the offense is bailable or non-bailable.
Exceptions for Refusal: The Board can only refuse bail if there are reasonable
grounds to believe:
o The release will bring the child into association with known criminals.
o The release will expose the child to moral, physical, or psychological danger.
o The release would defeat the ends of justice.
Recording Reasons: If the Board refuses bail, it must record the specific reasons
in the order.
3. Power of Preliminary Assessment (Section 15)
This power is specific to Heinous Offenses (crimes with a minimum punishment of 7
years) committed by children between 16 to 18 years of age.
1. Assessment of Capacity: The Board has the power to assess the child’s mental
and physical capacity to commit the crime and their ability to understand the
consequences.
2. Expert Assistance: It can seek help from psychologists or social experts for this
assessment.
3. Transfer Power: If the Board concludes the child should be tried as an adult, it
has the power to transfer the case to the Children's Court (Sessions Court).
4. Transfer of Cases: If the Board finds the child (16+) should be tried as an adult, it
transfers the case to the Children's Court (Sessions Court).
4. Powers to Pass Reformative Orders (Section 18)
If the Board finds that the child has committed the offense, it uses its "dispositive
powers" to focus on rehabilitation rather than punishment.
Admonition and Advice: For very minor offenses, the child may be allowed to
go home after a formal warning and counseling for both the child and parents.
Community Service: The Board can order the child to perform community
service under the supervision of a specific institution.
Fine Payments: The Board can order a fine.
Condition: A fine can only be ordered if the child has an independent income.
If the child cannot pay, they cannot be sent to jail in default of payment.
Probation of Good Conduct: The child can be released on probation for up to
3 years. They are placed under the care of a parent, guardian, or "fit person"
and often monitored by a Probation Officer.
Placement in Special Home: For more serious circumstances, the child can be
sent to a Special Home for a period not exceeding 3 years to receive vocational
training and psychiatric support.
Functions
Sr.
No Functions
.
Ensuring informed participation of the child & the parent or the guardian
01
throughout the process
Ensuring protection of the child’s rights throughout the process of arresting the
02
child, inquiry, aftercare and rehabilitation
Ensuring the availability of legal aid for the child through various legal services
03
institutions
Providing a qualified interpreter or translator to the child if he/she fails to
04
understand the language during the course of proceedings
Directing Probation Officer/Child Welfare Officer/Social Worker to undertake a
05 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
06
according to the process mentioned in Section 14
Transferring matters to the Committee in cases where the child is alleged to be in
07
conflict with the law, but is stated to be in need of care and protection at any stage
08 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
09
child in conflict with the law
Conducting inspection every month of residential facilities for children in conflict
10 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
11
child in conflict with the law
Conducting a regular inspection of jails meant for adults, to check if any child is
12
lodged in such jails
Taking immediate measures for the transfer of a child found in jails for adults, to an
13
observation home
14 Any other function as may be prescribed to the Board
Ensuring Child-Friendly Procedure
The law mandates that the JJB should not feel like a "criminal court." It ensures this through:
A. Atmosphere & Layout:
a. No Uniforms: Neither the police nor the Magistrate/Board members wear
uniforms or robes.
b. No Handcuffs: It is strictly prohibited to handcuff or chain a child.
c. No Dock/Witness Box: The child sits near the members in a regular chair, not in
a restricted box.
B. Confidentiality (Section 74):
a. The identity of the child (name, address, photo, school) is never to be revealed in
any media or public document.
b. Any person violating this can be jailed for up to 6 months.
C. Language: The proceedings must be conducted in a language the child understands. If
they don't understand, the Board must provide an interpreter.
D. Non-Accusatory Terminology:
a. Words like "accused," "convicted," "punishment," or "sentence" are never
used.
b. Instead, terms like "Child in Conflict with Law," "orders," and
"rehabilitation" are used.
E. Erasure of Records (Section 24): * Unlike adults, a child's criminal record is destroyed
after they serve their time (except in specific heinous cases where the 16-18 year old was
tried as an adult). This ensures they don't face any disqualification in future jobs or
education.
F. Role of District Magistrate (2021 Amendment): * The DM now conducts quarterly
reviews of the Board to ensure cases are not pending and the child is being treated fairly.
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