# Zahira Habibullah Sheikh and Others Vs State of Gujrat: Q1. Fair Trial

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Q1.

Fair Trial
- The word ‘Fair Trial’ is not defined in CrPC 1973, its common meaning is any trail (formal examination of evidence) after
framing the charge and ends with conviction or acquittal.
# Zahira Habibullah Sheikh and others Vs State of Gujrat
Principles of Fair Trail:
- presumption of innocence - Evidence taken in presence of accused
- independent, impartial and competent judge - cross-examination of prosecution witness
- hearing should be in open court - prohibition of double - jeopardy
- trail in presence of accused - Legal aid
- venue of trial
Fair Trial under Universal Declaration of Human Rights:
- Article 10 – Right to fair hearing and public hearing
- Article 11 – Presumption of innocence

Q2. Rights of Arrested Person


- Meet an advocate of his choice during interrogation (Right to consult a legal practitioner) (Sec 41D)(Art 22(1))
- Right to know the grounds of arrest (Sec 50(1)) - Examined by a medical practitioner (Sec 54)
- Right to be released on bail (Sec 50(2)) - Accused to produce evidence (Audi alteram partem)
- Produced before the magistrate (Sec 56, 76) - Right to a fair trial (Article 14) – all persona equal bf law
- Health and Safety of arrested person (Sec 55 A) - Show the warrant to accused (Sec 75)
- Inform a relative or a friend (Sec 50 A) - Arrest – Touching the body physically (Sec 46)
- Free legal aid (Sec 304) (Article 21)
## Kishore Singh Ravinder Dev Vs State of Rajasthan

Q3. Seizure and Search


The act of seizing is known as a seizure, an action done with force in order to grab or remove an object or person. Search
and seizure is also an important stage in the process of investigation.
3 Types of Search – Search of persons on premises, search of body of person and search of place or premises.
Police officer may seize any property which is – alleged to have stolen, suspected to have been stolen and found in
suspicious circumstances.
Sec 91-100 for search and seizure.
Sec 91 – By issuing summons to proceed for investigation. Inquiry or proceedings
Sec 92 – Court may allow postal or telegraph authority to conduct searches
Sec 93 – Warrant can be issued against the person who is not bring any document or thing which is essential for
proceedings
Sec 94 – Deals with the search carried out at places that are suspected to contain properties might be stolen or hold
forged documents
Sec 95 – Powers to court to declare some publications forfeited; court issue search warrant to publications.
## M.P Sharma and others v. Satish Chandra

Q4. Bail, Anticipatory Bail


- Bail means short term release of an accused person awaiting trial.
- Bail has been not defined in CrPC, it is derived from old French word ‘Bailier’ means ‘to give’ or ‘to deliver’
- Two Categories – Bailable Office and Non-Bailable Offence; Both are defined u/s 2(a), u/s 436-450
- Bailable Offence: less serious in nature; punishment < 3 years; Bail claimed u/s 436;
Ex:- Cheating (Sec 407 IPC), Affray (Sec 160 IPC), Bribery for Elections (Sec 171E IPC)
## Rasiklal Vs Kishore Khanchand Wadhwani – Bail granted u/s 436
- Non-Bailable Offence: More serious/heinous in nature; Punishment extend to life sentence; Provision of Bail u/s
437. Ex:- Dowry Death (Sec 304 IPC), Murder (Sec 302 IPC), Rape (Sec 376 IPC), Grieve Hurt (Sec 326 IPC)
## Mansab Ali Vs Irsan

- Types of Bail – Regular Bail (Sec 436,437); Anticipatory Bail (Sec 438); Interim Bail; Default Bail
- Cancellation of Bail – u/s 437(5), 439(2), 389(2)
Q5. Summary Trial
- The objective of summary trial is to disposal of cases speedily.
- There is no appeal in such trail if a sentence of fine not exceeding Rs 200 has been awarded.
- There can be application for revision to High Court.
- Summary Trial deals u/s 260-265 of CrPC 1973.
Sec 260 – Power to try summarily; Sec 261 – Summary trial by Magistrate of the Second Class (punishable by a term
or fine; not exceeding 6 months); Sec 262 – Procedure for Summary Trials; Sec 263 – Record in Summary Trials
Sr number of case; date of commission of the offence; date of the report of complaint; name of the complainant; name,
parentage and residence of the accused; offence of; findings; sentence or the final order; date on which proceedings
terminated; Sec 264 – Judgment in cases trial summarily; Sec 265 – Language of Record and Judgment
## Shivaji Sampat Jagtap Vs Rajan Hiralal Arora, Bombay HC under section 263, 264 not to hold the trial.

Q6. Appeals
- An appeal is a process by which a judgment or order of a subordinate court is challenged before its superior court.
District Court High Court Supreme Court
Appeals deals with Sec 372 – 394.
Sec 372 – No appeal to lie unless otherwise provided
Sec 373 – Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good
behavior.; Sec 374 – Appeals from convictions; Sec 375 – No appeal in certain cases when accused pleads guilty;
Sec 376 – No appeal in petty cases; Sec 377 – Appeal by the State Government against sentence;
Sec 378 – Appeal in case of acquittal; Sec 379 – Appeal against conviction by High Court in certain cases
Sec 380 – Special right of appeal in certain cases; Sec 381 – Appeal to Court of Session how heard
Sec 382 – Petition of appeal; Sec 383 – Procedure when appellant in jail
Sec 384 – Summary dismissal of appeal; Sec 385 – Procedure for hearing appeals not dismissed summarily
Sec 386 – Powers of the Appellate Court; Sec 387 – Judgments of subordinate Appellate Court
Sec 388 – Order of High Court on appeal to be certified to lower Court
Sec 389 – Suspension of sentence pending the appeal; release of appellant on bail
Sec 390 – Arrest of accused in appeal from acquittal; Sec 391 – Appellate Court may take further evidence or direct it
to be taken; Sec 392 – Procedure where Judges of Court of appeal are equally divided
Sec 393 – Finality of judgments and orders on appeal; Sec 394 – Abatement of appeals

Q7. Inquiry, Investigation


- Inquiry Sec 2(g) of CrPC 1973.
- Inquiry means every inquiry other than a trial conducted under CrPC by a Magistrate or Court.
## Halimuddin Vs State, 1976 - excluded the trial in this case.
- Investigation Sec 2(h) of CrPC 1973.
- It includes all the proceedings under CrPC for the collection of evidence by police officer.
## L.M. Bhatt Vs State of UP, 1973
Stages: Investigation Inquiry Trial
Types of Inquiry: Judicial; Non-Judicial; Preliminary; Local; Inquiry into an offence

Q8. Victim of Crime


- Victim means a person who has suffered any loss or injury caused by a reason of act and accused person charged
for the same; Sec 2(wa) defines victim in CrPC 1973
- Rights of victim defined u/s 372
Ex: 1) A beats B then family members of B filed case on A. But due to less evidences, A got release.
In this case B family members or legal heirs can appeal to higher courts.
2) If A is convicted but with lesser offence then also B’s family can appeal.
3) If A is provided any lesser compensation to B then, B’s family can appeal.
## Mast Ram Tiwari Vs State of UP 2018 (This case related to lesser offence or imposition of inadequate compensation
by accused.)
Q9. Review
- Review is a legal remedy that allows a party to challenge the correctness of a judicial order passed against them.
- A person can apply Review in criminal law u/s 379 of CrPC
- A person aggrieved by a decree or order may apply for review of a judgment.
- No right of appeal is allowed
- They are designed to correct judicial errors that may have occurred in the original proceedings, and no to re-
adjudicate the matter a fresh. New or important matter or evidence.
## Mahesh Vs State Dec’1970 (Review applied to High Court in this particular case)
## Vikram Singh @ Vikky Walia Vs The state of Punjab (2017) ( In this case both applicants Vikram Singh and Jasvir
Singh were tried for offences u/s 302, 364A, 201 and 120B of IPC. Court awarded death sentence to 3 of them includes
Vikram Singh, Jasvir Singh and SMt Sonai w/o Jasvir Singh. Later on during review then smt Sonia’s death sentence
converted to life sentence)

Q10. Probation
- ‘Probation’ is derived from the latin word probare, which means to test or to prove.
- The object of criminal law is more inclined towards the reformation of the offender than to punish him.
- Based on the goof behavior of the person who committed crime and in jail with other hardened criminals.
- The main aim behind the Probation of Offenders Act 1958 is to give an opportunity to offenders to reform
themselves rather than turning into hardened criminals
- Sec 360 of CrPC 1973 provide the any person below 21 years of age commits any offence of punishment upto 7
years or not an imprisonment to life can be released probation based on good conduct – sec 4 of Act 1958.
- It is most useful in case of juvenile delinquents.
- It gives hope for the rehabilitation of the offender who have not committed the offence.
- It helps in reducing the crowd towards jails.
## Kishore Prasad Vs State of Bihar (1973) (SC re-instated the object of probation saying that it is to prevent the
conversion of youthful offenders to stubborn criminals)

Q11. Probation and Offenders Act 1958


Objects: Opportunity for young offenders (below 21 years);
- Opportunity for first time offenders; - correction through opportunity;
- Avoiding conversion of accidental offenders to hardened criminals;
- Avoid spoilage of most useful years of life in imprisonment; - avoid economical burden on the society;
## Kishore Prasad Vs State of Bihar (1973) (SC re-instated the object of probation saying that it is to prevent the conversion
of youthful offenders to stubborn criminals)
- Every state has implemented their own rules as “The Madras Probation and Offenders Act 1936”, later on Karnataka and
AP adopted it – “The Karnataka Probation of Offenders Rules 1960”, “The Andhra Pradesh Probation of Offenders Rules
1963”; - This act is having 19 sections.
- Secs 3-12 of the Probation of Offenders Act 1958 narrate the provisions about “Authority and Power of the Court to
release the offender and the procedure in case of offenders failing to observe conditions.”
Sec 3 of this act empowers the court instead of sentencing the offender of any punishment, release him on probation of
good conduct under sec 4 after due admonition.
Sec 5 – power to court to require released offenders to pay compensation and costs.
Sec 6 – Restrictions on imprisonment of offenders under 21 years of age.
Q12. Appointment of Probation Officer & Duties, Report
Appointment of probation officer – Ss 2(b) of Act 1958 defines Probation Officer; appointed by state Govt;
Appointment comes u/s 13 of Act 1958.
Duties of Probation Officer – U/S 14 of the Act 1958 prescribes the duties of probation officer:
- Inquire in accordance with direction of court. Probation officer has to submit the detailed report to court.
- Advise and assist offenders in the payment of compensation or cost as per court order.
- Advise and assist in release based on their good conduct
- Probation officer is public servant – Sec 15
- Probation of action taken in good faith – Sec 16
Probation of Report- probation officer prepares it. Nature of offence (violent/non-violent), employment history, family
background, financial situation, friends circle, health, religious involvement, current residence, community ties, education,
interests etc..
## Keshav Sitaram Sali v. State of Maharashtra

Q13. Parole
- Parole is a temporary release of prisoner who agree to certain condition before the completion of the sentence period.
- It is a kind of reward granted to prisoner based on the good behavior.
License – Prison authorities granted license to prisoner for parole
Sec 432 – Grant parole for certain period so that person visit to his house to see family members.
- Parole may be a day or months. It’s all depend upon the character and conduct of the prisoner in the prison.
- The person who released on parole is called Parolee
Object: Parole was granted to the offender to reduce overcrowding of prisoner. Parole is second chance of the offender; it
is a correctional process.
Kinds of Parole: Custody Parole – granted in emergent situation and circumstances (any family members - death, marriage,
illness)
Regular Parole – based on good conduct, if any of family member’s marriage or illness or wife’s delivery.
## Kishan Lal Vs State of Delhi (1976)

Q14. Police
- Police was to look after only the ‘Law & Order’. In those centuries the police obedient to the King who was superior.
- The modern police system was imported from Britain and was established in India by the British Rulers.
- Autonomous status which was given to the British police was not given to indian police.
- At that time there was a Village Patel doing the police duties. Later on organization of police started from Village Patel,
Constable, Head Constable, Sub-Inspector of Police, Circle Inspector of Police, Dy Inspector of Police, Superintendent of
Police, Inspector General of Police.
Duties of Police – 1) Investigation – Sec 2(h) Ss 154-176. Investigate the crime, next inquiry and trial. Police entrusted to
investigate into the offence and to arrest the accused. 2) Law & Order – Is essential duty of the police to look after the
law & order in the society.3) Protection of Women and Children. 4) Development of the country.
Reports submission – u/s 157, 168 and 173

Q15. Charge sheet or Police Report or Challan (Sec 173)


- Upon completion of investigation, police officer submits the report u/s 173
- By submission of a charge sheet – forwarding the accused to the court for trial;
By submission of a final report – not sending up the accused to the trial.
- Report of police officer on completion of Investigation: u/s 173(2)
a) Name of the parties; b) nature of information; c) names of the witnesses; d) offence committed by whom;
e) whether accused arrested? f) whether accused released on bond? g) report of medical exam of women attached?
- Any inaccuracy in distances and dates;
- List of articles seized during investigation of the case
## Vinubhai Haribhai Vs State of Gujrat (SC held Magistrate had wide power u/s 156(3) , 156(1) read with 173(8) to direct
further investigation either Suo Moto or an application at cognizable stage but before trial)
Case Diary (Special Diary/Police Diary/SHO Report) – Record of daily investigation into a case – Sec 172 of CrPC.
Q16. Charge
- Chapter XVII – Ss 211-224
Forms of Charges – Sec 211-217 (Part A); Joinder of Charges – Sec 218 – 224 (Part B)
- A charge states the offence committed by the offender.
- Sec 2(b) defines charge
- The Prosecutor or Police officer files charge sheet containing charges in the court. Charge sheet contains FIR, Police
Report, Investigation, discovery of facts and the charges, name and details of accused and witnesses etc…
- Charge sheet filed within 60 days from the date of arrest for lower courts; 90 days in case of session courts.
- If charge sheet is not filed within the prescribed time mentioned then the accused has a right to default bail.
Sec 211 - Contents of Charges; Sec 212 – Particulars as to time, place and person; Sec 213 – Manner of committing
offence; Sec 214 – words in ‘charge’ taken; Sec 215 – Effect of errors; Sec 216 – Court may alter changes;
Sec 217 – Recall of witness when charge alerted;
Joinder of Charges (Ss 218-224):
Sec 218 – General Rule – Separate charges for distinct offences; Sec 219 – Three offences of same kind within a year may
be charged together; Sec 220 – Trial for more than one offence; Sec 221 – Doubtful what offence has been committed;
Sec 222 – when offence proved included in offence charge; Sec 223 – what persons may be charged jointly;
Sec 224 – withdrawal of remaining charges on conviction on one of several charges

Q17. Trial of warrant cases by Magistrate


- Sec 2(x) in CrPC 1973 defines ‘warrant case’
- warrant means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term
exceeding 2 years.
- Chapter XIX contains Ss 238-250; - warrant cases are more serious than summons cases
Chapter XIX divided into 3 parts:
Part A: Cases instituted on a police report: Sec 238-243
Part B: Cases instituted otherwise than on police report: Sec 244-247
Part C: Conclusion of Trial: Sec 248-250
Part A - Sec238- Cases instituted on a police report; Sec 239 – When accused shall be discharged;
Sec 240- Framing of charge; Sec 241- Conviction of plea of guilty; Sec 242- Evidence for prosecution;
Sec 243- Evidence for defence;
Part B - Sec 244- Evidence for prosecution; Sec 245 – When accused shall be discharged;
Sec 246- procedure where accused is not discharged; Sec 247- Evidence for defence.
Part C – Sec 248- Acquittal or Conviction; Sec 249- Absence of complainant;
Sec 250- compensation for accusation without reasonable cause.
## Ajoy Kumar Ghose v. State of Jharkhand & Another
the view is taken that even without the evidence a charge can be framed under section 246(1) Crpc code. The right of the
cross-examination is a very salutary right and the accused would have to be given an opportunity to cross-examine the
witnesses, who have offered at the stage of section 244(1) Crpc Code.

Q18. Trial of Summons cases by Magistrate


- Sec 2(w) defines ‘summons-case’
- Summons case is not being a warrant case, summons case is less serious in nature.
- Offences which are punishable with imprisonment not exceeding 2 years.
Sec 251 – substance of accusation to be stated; Sec 252- Conviction of plea of guilty
Sec 253 – Conviction of plea of guilty in absence of accused in petty cases (Magistrate sentence him to pay specified fine)
Sec 254- Procedure when not convicted; Sec 255 – Acquittal or Conviction
Sec 256- Non Appearance or Death of Complainant; Sec 257- Withdrawal of complaint
Sec 258- Stopping the proceedings in certain cases;
Sec 259- Power of court to convert summons cases into warrant cases.
## Nayan Ram Das and others Vs Prasanna Kumar Das
## S Rama Krishna Vs S Rami Reddy
Q19. Pre-Trial Process: Arrest (Ss 41-60)
- Arrest means taking the body of person into custody. Preventing a person to move out of police custody.
Types of Arrest: Arrest with warrant and Arrest without warrant
Chapter V lays down procedure for arrest without warrant: 20 sections Ss 41-60
Who can arrest a person:
Arrest by police officer: Ss 41, 42, 55; Arrest by a private officer/person: Sec 43; Arrest by a Magistrate: Sec 44
Sec 41- Arrest any person without warrant.
In Cases: cognizable offence; reasonable complaint has been received against such person;
Genuine information has been received that person involved in criminal offence; any suspicious person involved;
Sec 42- Police Officer to arrest any person who refuses to give name and residence, other details.
Sec 55- Incharge PO of a police station can depute another police officer in writing to arrest a person.
Sec 57- Arrested person must be produced in front of Magistrate within 24 Hours
Modes of Arrest: Sec 46-60
Sec 46- How made arrest; Sec47- search of place entered by person sought to be arrested;
Sec 48- Persuit of Offenders into other jurisdiction; Sec 49- No unnecessary restraint;
Sec 50-A- Obligation of person making arrest to inform about the arrest to a nominated person;
Sec 51- Search of arrested person; Sec 52- Power to seize offensive weapons;
Sec 53- Examination of accused by medical practitioner at the request of PO;
Sec 53-A- Examination of a person accused of rape by medical practitioner;
Sec 54- Examination of arrested person by medical practitioner at the request of the arrested person;
Sec 54-A- Identification of arrested person; Sec 55- Procedure when PO deputes subordinate to arrest without warrant.
Sec 56- Arrested person to be taken before Magistrate; Sec57- Person arrested not to be detailed more than 24Hrs;

Q20. Arrest without Warrant - Sec 41


Sec41 – CrPC 1973 lays down the provisions about “when police may arrest without warrant”, under following
circumstances:
Sec 41(1)(a) – Based on Magistrate order, PO will arrest any person who has been in cognizable offence
Sec 41(1)(b) – In connection with house breaking; Sec 41(1)(c) – Proclaimed offender;
Sec 41(1)(d) – In connection with stolen property; Sec 41(1)(e) – Obstruction of police duty, escape or attempt to escape;
Sec 41(1)(f) – Deserter from armed forces; Sec 41(1)(g) – Reasonable complaint, extradition;
Sec 41(1)(h) – Released convict (any person who commits a reach of any rules);
Sec 41(1)(i) – Requisition from another police officer

Q21. Arrest with Warrant - Ss 70-81


Sec 70 – Form of warrant of arrest and duration (issued by court); Sec 71- Power to direct security to be taken;
Sec 72- warrants to whom directed (PO either one or many or any of them responsible to arrest a person);
Sec 73- Warrant may be directed to any person (Magistrate directs the warrant to any person within jurisdiction);
Sec 74- Warrant directed to the police officer; Sec 75- Notification of substance of warrant (show warrant);
Sec 76- Person arrested to be brought before court without delay;
Sec 77- Place of execution (warrant may be executed at any place in India);
Sec 78- warrant forwarded for execution outside jurisdiction; Sec 79- warrant forwarded to PO for execution outside of
jurisdiction; Sec 80- Procedure on arrest of person against whom warrant issued (warrant issued in other districts, radius
of 30 Kms); Sec 81- Procedure by Magistrate before whom such arrested person is brought.

Q22. FIR (First Information Report)


- Sec 154 of CrPC 1973; - FIR has not been defined in CrPC; - Sec 154 for Cognizable offence;
- Sec 155 for Non-Cognizable offence; Sec 156- PO power to investigate cognizable off; - FIR is pre-trial process;
- FIR to to set the process to start the investigation relating a cognizable offence;
- FIR copy has be to handed over to the complainant at free of charge;
- FIR info must be entered with date and time in ‘General Diary’ (GD) – Register of first information
Zero FIR – Register the Zero FIR irrespective of Jurisdiction, post investigation send FIR to concerned Police Station.
## Ramesh Kumari Vs State AIR 2006 SC 1322
Q23. Juvenile Home
- Juvenile Home is commonly referred to as Juvie. Place of people who are regarded as minor.
- However they are not qualified to take some punishment as older adults, hence Juvenile court send them to Juvenile
Home.
- ‘Juvenile’ is any child who has not attained the age of 18 years. Any child below age of 7 years cannot be found guilty.
– Juvenile Homes also called as correctional facility or observation home, minors sent here for the purpose of character
reformation and improvements of good habits which would lead them useful to the society.
- The children’s (minors) undergoing to Juvenile Home, their information kept confidential by Juvenile Home’s authority.
- Place of their safely is also very important.

Q24. Juvenile Board / Juvenile Justice Board


- Chapter III containing Sections 4-9 of the Juvenile Justice Act, 2015 contains the provisions, placement of persons,
procedure in relation to the board, powers, functions, responsibilities of the board.
- Juvenile Justice Board is an institutional is an institutional body constituted under Sec 4 of JJA 2015
- Board consists of: Metropolitan Magistrate or Judicial Magistrate of First Class, 2 social workers (one is women)
- No person shall have appointed if having any violation of human rights or child rights.
- State Govt shall ensure that induction training to all the members including Principal Magistrate
- If any board member found guilty will be terminated under this act.
Sec 5 – Placement of person, who cease to be child during process of inquiry (just completes 18 years age)
Sec 6 – Placement of person, who committed an offence when person age was below 18 years
Sec 7- Procedure in relation to Board;
Sec 8 – Powers, Functions, Responsibilities of the Board: Informed participation of child, parent or guardian in every step;
- Ensuring that child rights must be protected; - Availability of Legal Aid for the child through legal service Inst;
- Whenever necessary the board shall provide an interpreter or translator, to the child if he fails to understand the
language used in the proceedings; - Adjudicate the case with proper inquiry;
- Registration of FIR’s; - Regular inspection of Jails;
Sec 9 – Procedure to be followed by a Magistrate who has not been empowered under this act;
(He has to inform through records, reports to Board who is having jurisdiction)

Q25. Juvenile Delinquency


- Juvenile delinquency is the criminal activity charged on a person who is under the age of 18 years.
- In recent period these criminal activities are increasing rapidly due to many reasons and circumstances.
- As per criminologists causes are of two types – internal and external. Internal – physical and psychological; External –
social factors.
- Social causes: broken families, family planning, attitude of parents; conduct and character of parents, influence of
brother sisters or near relatives, defects of the school, Juvenile Gang (kidnapping childrens and make them habituated to
do wrong things like begging, pick pocketing, chain-snatching etc..), crime dominated areas, bad company (bad friends).
- Psychological Causes: weak minded persons tend to delinquent activities very easily.
3 kinds of persons: superior, normal, and abnormal.
Mental abnormally may be one of the causes of juvenile delinquency.
- Intellectual weakness (person IQ is below 70) (There people turn into violence and injurious to others)
- Mental diseases (criminologists observed that there is near relation between mental disease and crime)
- Characteristics of personality (due to social, economic or psychopathic reasons a child may turn into a psychic).
Abnormal person possesses degree of freedom, irresponsible, lack of control, sadism, emotions, ill behavior.
- Emotional instability (abnormal child possess), He does not like discipline. Inspired with criminal behavior.
Q26. Juvenile Justice Act 2015 (amended in 2021) (Care and Protection of Children)
- This act came into force 31st Dec 2015
- This act contains 112 sections housed in 10 chapters
- This act is more elaborative, reformative, liberal and universal and confined to the care, protection and welfare of the
children’s irrespective of their race, caste, religion, place of birth etc..
- Divided children into categories: Children in conflict with law, children in need of care and protection.

Chapter Title Sections


1 Preliminary 1-2
2 General principles of care and protection of children 3
3 Juvenile Justice Board 4-9
4 Procedure in relation to children in conflict with law 10-26
5 Child Welfare Committee 27-30
6 Procedure in relation to children in need of care & protection 31-38
7 Rehabilitation and Social Re-integration 39-55
8 Adoption 56-73
9 Other offences against children 74-89
10 Miscellaneous 90-112

Child – Sec 2(12): A person who has not completed 18 years of age (below 18 years)
Child in conflict with law – Sec 2(13): child who is alleged committed an offence and who is below 18 years of age.
Child in need of care and protection – Sec 2(14): Homeless/begging/living on street; Orphan; working as labor;
homeless mentally ill/disabled child; missing/run away child; who is likely to inducted in drug use;
Principles of Act 2015:
i) Principle of presumption of innocence ii) Principle of dignity and worth
iii) Principle of Participation iv) Principle of best interest
v) Principle of family responsibility vi) Principle of safety
vii) Positive measures (facilitating development) viii) Principle of equality and non-discrimination
ix) Principle of right to privacy and confidentiality x) Principles of natural justice

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