Juvenile Justice Act

Content slide 1: History [Avi-1]

●​ In India, the first law to address children in conflict with the law was the Apprentices Act of
1850. The Reformatory Schools Act of 1876 was the second law that dealt with juvenile
offenders.
●​ Post-Independence in 1960, the Children Act was passed to provide the care, maintenance,
protection, welfare, education, training, trial, and rehabilitation of abused and neglected
children.
●​ In 1986, The Juvenile Justice Act 1986 was passed, which established a single set of rules
for the entire nation.
●​ As a result of India’s ratification of the United Nations Convention on the Rights of the Child,
which made it necessary to have a law that complied with the Convention’s requirements, the
JJA of 1986 was repealed in 2000.
●​ Finally, the Juvenile Justice Care and Protection of Children Act 2015 replaced the Juvenile
Justice Care and Protection of Children Act 2000.

Slide 2: Juvenile Justice Act, 1986 [Anya-1]

●​ Key provisions:
○​ A juvenile is defined as a child up to 16 years for boys and 18 years for girls.
○​ Categories of children:
■​ Juvenile delinquents- children under the prescribed age who commit an
offense.
■​ Neglected juveniles- children who need care and protection.
○​ The Act provided for both categories of children to be kept in an Observation
Home together during the pendency of the inquiry/proceedings. Once the
proceedings were completed, the neglected juveniles were sent to Juvenile
Homes while juvenile delinquents were kept in Special Homes.
○​ The Act prohibited an arrested child from being detained in police custody or in
jail under any circumstances.
○​ The law had provisions relating to bail for an arrested juvenile– bail was to be
granted as a matter of right, except in situations where there were reasonable
grounds for believing that if the juvenile was released, he/she would come into
contact with any known criminal or expose the juvenile to a moral danger or if the
release would result in defeat of the ends of justice.
○​ Guidelines were laid down for composition and powers of Juvenile Court and
Juvenile Welfare Board.

Content slide 3: Juvenile Justice (Care and Protection of Children) Act, 2000 [Anya-2]

●​ Key provisions:
○​ A “child” is defined as a person under 18 years of age.
 ○​ Under the law, “children in conflict with law” means a juvenile who is alleged to
have committed an offence, while “children in need of care and protection”
include those who are being or is likely to be grossly abandoned, abused,
tortured or exploited for the purpose of sexual abuse or illegal act.
○​ The law provides for a separate treatment of both types of children.
○​ The Act contemplates remand homes, Juvenile Justice Boards and Child Welfare
Committees in every district, and provides for four types of homes for juveniles –
observation homes, special homes, children’s homes and shelter homes.
○​ Children’s right to participate in proceedings concerning them, and involvement
from civil society, including voluntary organizations and individuals.
○​ The Juvenile Justice (Care and Protection of Children) Rules, 2007 forms a
model of the rules based on which each state is to prepare its own rules that are
necessary to further detail the way the Act would be implemented.
●​ Provisions specific to children in conflict with the law- JJB as the adjudicating authority;
bail provisions made are more liberal and broad; provision for SJPU, and for every police
station to have a Juvenile or Child Welfare Officer.
●​ Provisions Specific to Children in Need of Care and Protection- Expansion of the
category; restoration as an option; child as the centre of focus.

Content slide 4: Juvenile Justice (Care and Protection of Children) Act, 2015 [Avi-2]

Key features of the JJA 2015 include:

●​ Age of responsibility: The Act defines a child as a person below the age of 18 years.
●​ Child in conflict with the law: A child who has committed an offence is referred to as a
child in conflict with the law.
●​ Juvenile justice board: Special courts called Juvenile Justice Boards (JJBs) are
established to handle cases involving children in conflict with the law.
●​ Rehabilitation and reformation: The primary focus of the JJA is on the rehabilitation
and reformation of children, rather than punishment.
●​ Child care institutions: The Act provides for the establishment of child care institutions
to provide care and support to children in conflict with the law.
●​ Restorative justice: The JJA encourages the use of restorative justice principles, which
focus on repairing the harm caused by the offence and rebuilding relationships.

Content slide 5: Chapters in JJA, 2015 [Avi-3]

●​ Chapter I: Preliminary: Consists of 2 sections. Definition of Juvenile: means a child

below the age of eighteen years.
●​ Chapter II: General principles of care and protection of children: 1 section
●​ Chapter III: Juvenile Justice Board: 6 sections
●​ Chapter IV: Procedure in relation to children in conflict with law: 17 sections
●​ Chapter V: Child Welfare Committee: 4 sections

Content slide 6: Chapters in JJA, 2015 (contd.) [Avi-4]

 ●​ Chapter VI: Procedure in relation to children in need of care and protection: 8 sections
●​ Chapter VII: Rehabilitation and social reintegration: 10 sections
●​ Chapter VIII: Adoption: 10 sections
●​ Chapter IX: Other offences against children: 10 sections
●​ Chapter X: Miscellaneous: 10 sections

Content slide 7: Children in conflict with law [Anya- 3]

●​ After apprehension, the child must be presented before the JJB within 24 hours.
●​ The child in no case shall be placed in a police lockup or lodged in a jail.
●​ Regardless of the offense, a child must be released on bail with or without surety. If not
released, the JJB can send the child to an observation home or a place of safety during
inquiries.
●​ JJB:
○​ Where the child is produced before JJB, it shall hold an inquiry which shall be
completed within 4 months from the date of first production (+2 months).
○​ A preliminary assessment in case of heinous offenses shall be disposed of by the
Board within a period of 3 months.
○​ If a child is found not to have committed an offense, the JJB will issue an order to
that effect. If the child is found in conflict with law, depending on the offense's
nature and circumstances, the JJB may allow the child to return home after
advice, direct participation in counselling or community service, impose fines or
send the child to a special home for up to 3 years for rehabilitation. The JJB may
also set additional conditions, like attending school or therapy.
○​ If the Board after preliminary assessment passes an order that there is a need for
trial of the said child as an adult, then they may order transfer of the trial of the
case to the Children’s Court.
●​ CC- The Children’s Court shall ensure that the final order shall include an individual care
plan for the rehabilitation of child, that the child is sent to a place of safety till he attains
the age of 21 years and thereafter, and that there is a periodic follow up report every
year.
●​ Rehabilitation and social reintegration- observation homes, special homes, place of
safety.

Content slide 8: Children in need of care and protection [Anya- 4]

●​ The child shall be produced before the Committee within a period of 24 hours excluding
the time necessary for the journey.
●​ Individuals finding a child who appears abandoned, lost, or orphaned must report to
Childline Services, the nearest police station, or the CWC within 24 hours. Failure to
report can result in up to six months in prison or a fine of ₹10,000.
●​ CWC
○​ Upon receiving a child or a report, the CWC will conduct an inquiry. The social
investigation shall be completed within 15 days so as to enable the Committee to
pass final order within 4 months of first production of the child.
 ○​ The CWC will attempt to trace parents of orphaned or abandoned children. If
unsuccessful, the child will be declared legally free for adoption within specific
time frames (2 months for children under 2, 4 months for those over 2).
○​ If a child is deemed in need of care, the CWC may issue various orders,
including: declaration of the child's need for care, restoration to parents or
guardians with or without supervision, placement in a Children's Home or
Specialized Adoption Agency, foster care or sponsorship orders.
●​ Rehabilitation and social reintegration
○​ Children not placed with families may be housed in registered institutions or with
fit persons. Those ageing out of care at 18 may receive financial support for
reintegration into society.
○​ Open shelters, foster care, children’s home, fit facility.

Slide 9: Stats [Anya- 5]

●​ Data from the NCRB's CII report shows about a 30% reduction in crimes by juveniles.
●​ From 2013 to 2022, India recorded a total of 340,168 juvenile crimes. Maharashtra and
Madhya Pradesh had the highest crime rates.
●​ In contrast, crimes against children rose sharply- an increase of 81%. Only four
states—Goa, Manipur, Mizoram, and Tripura—reported fewer crimes against children in
2022 than in 2014.
●​ Kidnapping, abduction, and sexual offences saw significant increases, while crimes
related to child labour, child marriage, and infanticide also rose.
●​ Between 2017 and 2022, nearly 90% of juvenile crimes were registered under the IPC,
with theft and hurt being the most common. Most juveniles apprehended (over 75%)
were aged 16 to 18, and 99% were boys.

Slide 10: Cases [Anya-6]

●​ 1st case:
○​ The Indore bench of the Madhya Pradesh High Court ruled that the seriousness
of an offence should not affect bail decisions for children in conflict with the law.
This decision came while granting bail to a 14-year-old accused of assaulting a
seven-year-old girl. Justice Sanjeev S. Kalagaonkar highlighted the need for
rehabilitation and the child's best interests, stating that all decisions should
prioritise helping the child reach their full potential and that juvenile offenders
must be treated with care.
●​ 2nd case:
○​ In the early hours of May 19, a 17-year-old boy driving a Porsche crashed into a
motorcycle in Pune’s Kalyani Nagar, killing two IT professionals. The boy was
reportedly speeding and intoxicated.
○​ Despite public outcry for him to be tried as an adult under laws for serious
offences, the Juvenile Justice Board (JJB) ruled he would be treated as a minor.
 The Bombay High Court upheld this decision, citing the Juvenile Justice Act's
focus on rehabilitation for juveniles, regardless of the crime's severity.
○​ A hearing to reconsider the minor's status will take place on November 18.
Additionally, two JJB members were dismissed for "misuse of power" and "hasty
decision-making."

Slide 11: Positives & Negatives [Avi- 5]

Pros.

1. There is a clear distinction between children in conflict with the law and children in need of
protection and care.

2. It makes the registration of all children’s homes mandatory, bringing in more transparency and
efficiency in the system.

3. By including the provision for 16 to 18-year-olds to be tried like adults in case of heinous
crimes, it provides justice to the victims of such crimes.

4. The Act provides many rehabilitation services for children in conflict with the law. This
includes education, vocational training, and counselling. These services help children reintegrate
into society.

Cons

1.​ This Act allows juveniles to be tried as adults for heinous crimes, may compound the
problem of juvenile crime and create more hardened criminals.
2.​ This Act incorrectly assumes that children are competent to stand trial as adults.
3.​ According to this Convention, any individual below the age of 18 is to be treated like a
child. This is in contravention of the amended law that gives provisions for treating 16 –
18 year-olds like adults.
4.​ Data of crimes provided by NCRB is somewhat unreliable because it was based on the
number of First Information Reports (FIRs), registered and not on the number of cases
proven in courts of law.

Slide 12: Juvenile Justice Amendment Bill, 2021 [Avi-6]

●​ Serious Offences: Serious offences will also include offences for which maximum
punishment is imprisonment of more than seven years, and minimum punishment is
not prescribed or is of less than seven years.
●​ Non-cognizable Offences:
 ○​ The present Act provides that an offence which is punishable with
imprisonment between three to seven years to be cognizable (where arrest is
allowed without warrant) and non-bailable.
■​ The Bill amends this to provide that such offences will be
non-cognizable.

●​ Adoption: The Bill provides that instead of the court, the District Magistrate (including
Additional District Magistrate) will issue such adoption orders.
●​ Appeals: The Bill provides that any person aggrieved by an adoption order passed by
the District Magistrate may file an appeal before the Divisional Commissioner, within
30 days from the date of passage of such order.
●​ Removal of Members: The appointment of any member of the committee shall be
terminated by the state government after an inquiry if they fail to attend the
proceedings of the CWCs consecutively for three months without any valid reason or if
they fail to attend less than three-fourths of the sittings in a year.

References

Data: NCRB Data Indicates that Crimes Committed by Juveniles Down 30% Between
2013 & 2022. (2024, May 28). FACTLY.
https://factly.in/data-ncrb-data-indicates-that-crimes-committed-by-juveniles-down
-30-between-2013-2022/

Mukundan, K. (n.d.). MODULE 2: EVOLUTION OF JUVENILE JUSTICE SYSTEM IN

INDIA -PART 2 Component I(A) -Personal Details. Retrieved October 23, 2024,
from
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027675/ET/1520851620JJMODULE2CONTENTS.pdf

Misra, A., & Singh, A. (2024, September 23). “Gravity of Offence Not Decisive”: Madhya
Pradesh HC Allows Bail for Juvenile Accused of Sexually Assaultin. News18.
https://www.news18.com/india/gravity-of-offence-not-decisive-madhya-pradesh-h
c-allows-bail-for-juvenile-accused-of-sexually-assaulting-7-year-old-9060364.html

NDTV. (2024, October 11). Pune Porsche Horror: Two Juvenile Board Members Sacked
By Maharashtra Govt. YouTube.
https://www.youtube.com/watch?v=XFRwpxrZSk4
PTI. (2024, July 5). Porsche car crash: Juvenile submits 300-word essay on road safety
to comply with bail conditons | Business Insider India. Business Insider; Business
Insider India.
https://www.businessinsider.in/india/news/porsche-car-crash-juvenile-submits-30
0-word-essay-on-road-safety-to-comply-with-bail-conditons/articleshow/11150663
9.cms

Service, E. N. (2024, October 21). Porsche crash: Arguments on trying minor as adult
postponed as documents at JJB sent to Principal District, Session Judge. The
Indian Express.
https://indianexpress.com/article/cities/pune/pune-porsche-minor-jjb-9632055/

Suresh Deepala. (2023, December 19). Data: Between 2014 & 2022, Number of Crimes
Against Children Increased by Over 80%, Increase Observed in Most States.
FACTLY; FACTLY.
https://factly.in/data-between-2014-2022-number-of-crimes-against-children-incre
ased-by-over-80-increase-observed-in-most-states/

Suresh Deepala. (2023, December 29). Data: Crimes Against Children Related to
Kidnapping & Abduction, Sexual Offences Show a Steep Increase in the Last 6
Years. FACTLY.
https://factly.in/data-crimes-against-children-related-to-kidnapping-abduction-sex
ual-offences-show-a-steep-increase-in-the-last-6-years/

Suresh Deepala. (2024, June 3). Data: More Than 75% of Juveniles Apprehended for
Crimes in 16 to 18 Age Group; 99% Are Boys. FACTLY.
https://factly.in/data-more-than-75-of-juveniles-apprehended-for-crimes-in-16-to-1
8-age-group-99-are-boys/

THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015

______ ARRANGEMENT OF SECTIONS ______ CHAPTER I PRELIMINARY
SECTIONS 1. Short title, extent, commencement and application. 2. Definitions.
CHAPTER II GENERAL PRINCIPLES OF CARE AND PROTECTION OF
CHILDREN. (n.d.).
https://www.indiacode.nic.in/bitstream/123456789/8864/1/201602.juvenile2015pd
f.pdf