Introduction

The Juvenile Justice (Care and Protection of Children) Act, 2015 (Hereinafter JJ Act, 2015) is a new legislation which repeals the Juvenile Justice Act, 2000. One of

the primary reasons for the introduction of this act was to address the commission of heinous offences by juveniles aged 16-18. This development comes after the

infamous Mukesh & Anr. vs. State of NCT of Delhi and Ors. (Nirbhaya case). Traditional criminal law labelled offenders as ‘delinquent or neglected children’ and

proceeded to punish them as criminals but the new law aims at reformative justice for the convicts.

The primary focus of this Act is on the procedural aspect, with regard to pendency in cases, accountability of the functionaries, etc. It has also highlighted the

categories of ‘child in conflict with law’ under Section 2(13) and ‘child in need of care and protection under Section 2(14) of the Act.

The Indian Constitution envisages a welfare state, where the children would be free from abuse and exploitation. The Act derives its constitutional legitimacy from

Article 15(3), Article 39(e) and 39(f), Article 45 and Article

47 of the Constitution of India, 1950. These provisions empower the State to ensure the protection of basic human rights and needs of all children. Further, the Act also

aims to achieve the objectives laid down in the United Nations Convention on the Rights of the Child, 1989, which was ratified by India in 1992. The National Policy for

Children, 2013 and the National Charter for Children, 2003 take this view of child welfare as well.

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.

Section 4 begins with the ‘saving clause’ which means that an overriding effect over the Code of Criminal Procedure,1973 has been given to this provision. It means

that in spite of the provisions mentioned in the Code, the particular clause (S.4 here) would have a full operation. Therefore, S.4 is an enabling provision. The

‘notwithstanding clause’ has been discussed in the case of Chandavarkar Sita Ratna Rao vs. Ashalata S. Guram (AIR 1987 SC 117).

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.

Constitution
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 practising professional with a degree in child psychology, psychiatry, sociology or law.

It was held by the Himachal Pradesh High Court in the case of State of Himachal Pradesh vs. Happy (2019 SCC OnLine HP 700) that judgment passed by a single

member of the Juvenile Justice Board is void ab initio. In this case, the impugned order was passed by a single Magistrate, without fulfilling the criteria of the

composition required for the functioning of the Juvenile Justice Board. Therefore, the order was set aside.

COMPOSITION REQUIREMENTS

The Board comprises a Principal Magistrate and two social workers. At least one social worker must be a woman, ensuring a balanced perspective in decision-making.

ROLES AND RESPONSIBILITIES

The Board is responsible for conducting inquiries into juvenile cases, ensuring child-friendly procedures, and safeguarding the rights of children throughout the legal

process.

..

Powers
The Board constituted for any district shall have the power to deal exclusively with the proceedings under the Act:

In the area of jurisdiction of the Board,

In matters relating to children in conflict with the law.

These powers may be exercised by the High Court or the Children’s Court, when proceedings under Section 19 come before them or in appeal, revision or otherwise. It

was held in the case of Hasham Abbas Sayyad vs. Usman Abbas Sayyad (2007) 2 SCC 355 that an order passed by a magistrate beyond his jurisdiction would be

considered void ab initio.

The Juvenile Justice Board (JJB) has all the powers conferred by the Bhartiya Nagarik Suraksha Sanhita 2023, on a Metropolitan Magistrate or a Judicial Magistrate

First Class, which includes the authority to conduct inquiries and pass orders related to children in conflict with the law.

When an alleged child in conflict with law is produced before the Board, it shall exercise its power to hold an inquiry according to the provisions of this Act and may

pass orders as it deems fit under Section 17 and 18 of the JJ Act, 2015.

The Board is also empowered to inquire into heinous offences under Section 15 of the Act. Such preliminary assessment has to be disposed of within a period of 3

months from the date of first production of the child before the Board.

In the case of Puneet S. vs. State of Karnataka (2019 SCC OnLine Kar 1835), the Karnataka High Court held that only the Juvenile Justice Board has the power to

decide whether an offence committed by a juvenile is heinous or not.

Functions

01 Ensuring informed participation of the child & the parent or the guardian
throughout the process

02 Ensuring protection of the child’s rights throughout the process of

arresting the child, inquiry, aftercare and rehabilitation

03 Ensuring the availability of legal aid for the child through various legal services institutions
04 Providing a qualified interpreter or

translator to the child if he/she fails to understand the language during the course of proceedings

05 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.

06 Adjudicating and disposing of cases pertaining to children in conflict with the law according to the process mentioned in Section 14

07 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

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.

09 Conducting inquiry for declaring that a certain person is fit for taking care of the child in conflict with the law

10 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

11 Ordering the police for registration of FIR if any offence is committed

against any child in conflict with the law

12 Conducting a regular inspection of jails meant for adults, to check if any child is lodged in such jails

13 Taking immediate measures for the transfer of a child found in jails for adults, to an observation home

14 Any other function as may be prescribed to the Board

Any child who is in conflict with law cannot be kept in police lock-up or jail under any circumstances. The Supreme Court said that Juvenile Justice Boards should not
be ‘silent spectators’, in the case Re: Exploitation of Children in Orphanages in the State of Tamil Nadu vs. Union of India and Ors.

Any child who is in conflict with law cannot be kept in police lock-up or jail under any circumstances. The Supreme Court said that Juvenile Justice Boards should not

be ‘silent spectators’, in the case Re: Exploitation of Children in Orphanages in the State of Tamil Nadu vs. Union of India and Ors.

Conclusion
In traditional law, the offenders were dealt with in a strict and harsh manner. The practice of jailing the juveniles with hardened criminals led to further trouble and

disintegration of society.

There are several factors behind the involvement of children in criminal activities, such as poverty, unemployment, broken families, lack of parental control, etc. The

new legislation provides a response to these factors through the procedure of reformative justice.

It acknowledges the fact that children require special care and protection instead of treating them in the same manner which led to their engagement in criminal

activities.
The Juvenile Justice Board aims to deal with such children in conflict with the law in the best possible manner so that they can be integrated into society as a

contributing member at a later stage.

References
● Bare Acts-The Juvenile Justice (Care and Protection) Act, 2015 &The Probation of Offenders Act, 1958,

● [Link], Bharatiya Nagarik Suraksha Sanhita, 2023 (Criminal Procedure): A Commentary, Eastern Book Publication.

● Juvenile Justice (Care and Protection of Children) Act, 2015