‘PROCEDURE UNDER JUVENILE JUSTICE ACT, 2015’

ROUGH DRAFT SUBMITTED IN PARTIAL FULFILMENT OF THE

COURSE TITLED-

CRIMINAL LAW- II

SUBMITTED TO:
MRS SUGANDHA
FACULTY, CRIMINAL LAW- II

SUBMITTED BY:
NAME: PULAK

COURSE: B.B.A. LLB (Hons.)

ROLL NO: 2031

SEMESTER: 4TH

CHANAKYA NATIONAL LAW UNIVERSITY, NYAYA

NAGAR, MITHAPUR, PATNA- 800001
INTRODUCTION
All the cases in relation to children in India are administered by the Juvenile Justice (Care and
Protection of Children) Act, 2015 (hereinafter the JJA). The JJA is primarily based on the
principles postulated in the United Nations Convention on the Rights of the Child, 1989. A
child or juvenile is a person below the age of 18 years.

In this Act, procedure for juvenile justice has been divided into majorly two types – ‘children
in need of care and protection’, or ‘children in conflict with law’.

The new Act strengthens the protective approach provided by the juvenile justice system towards
children in conflict with law as well as children in need of care and protection. The 'Juvenile' in
conflict with law has been redefined in the Juvenile Justice Act 2015 as a ‘child in conflict with
law’. Offences have been categorized as petty/ serious/ heinous offences. Children in the age group
of 16 - 18 years may be tried as adults in cases of heinous offences after preliminary assessment by
the Juvenile Justice Board.

A ‘child in need of care and protection’ is to be produced before the Child Welfare Committee
within 24 hours. The Act provides for mandatory reporting of a child found separated from
his/her guardian. Non reporting has been treated as a punishable offence. The Child Welfare
Committee is to send the child in need of care and protection to the appropriate Child Care
Institution and direct a Social Worker, Case Worker or the Child Welfare Officer to conduct
the social investigation within 15 days.

AIM AND OBJECTIVE

• To understand the Juvenile Justice (Care and Protection of Children) Act, 2015
• To analyse landmark cases related to the JJA, 2015
• To specifically focus on the procedure provided in the JJA, 2015

HYPOTHESIS
The researcher hypothesises that the Juvenile Justice (Care and Protection of Children) Act,
2015 need no amendments as of now but its implementation on ground level is lacking.
RESEARCH METHODOLOGY
The researcher will do a doctrinal type of research in which he will study and work on the
primary as well as the secondary sources. The researcher through this method will go through
books, articles, reports and various other research papers related to the JJA, 2015. The
researcher will, therefore, try to form a clear picture of the procedures provided in the Act.

TENTATIVE CHAPTERISATION
1. Introduction
2. Procedure in Relation to Children in Conflict with Law
3. Procedure in Relation to Children in Need of Care and Protection
4. Child Welfare Committee and Juvenile Justice Board
5. Landmark Cases
6. Conclusion

BIBLIOGRAPHY
1. R. V. Kelkar’s Criminal Procedure, 6th Edition, EBC
2. Ahmed Siddique’s Criminology, Penology and Victimology, 7th Edition, EBC
3. Juvenile Justice (Care and Protection of Children) Act, 2015