Introduction

The criminal justice system can have far-reaching effects on an individual’s life, most significantly
affecting their right to life and freedom. Since courts, like any other man-made organisation, are likely to
make mistakes, it follows that the judgements they make are also subject to this risk of making errors. In
order to prevent a serious miscarriage of justice, there should be procedures in place to carefully review
the rulings of subordinate courts. To account for this, certain measures have been incorporated into the
criminal procedure for appealing a criminal court’s judgement or order. From Section 372 all the way up
to Section 394 of the Criminal Procedure Code are detailed requirements regarding appeals.
However, the opportunity to appeal is not always available. For this reason, even in circumstances where
the right of appeal has been limited by CrPC, the lawmakers integrated the concept of a review procedure
termed “revision” into the legislative process to entirely preclude any miscarriage of justice. The higher
courts’ revision powers and the method for exercising those powers are laid forth in Sections 397 to 405.
These authorities are wide-ranging and ad hoc, which should be taken into account.
While litigants are guaranteed the opportunity to appeal in most circumstances, criminal courts have wide
latitude in deciding whether or not to grant a motion for rehearing, therefore revision is not a guaranteed
legal right. Legally, an accused person has the right to at least one appeal in criminal proceedings but no
such recourse in situations of revision. The distinction between an appeal and a revision has been
revisited numerous times in court. According to the Supreme Court’s decision in Hari Shankar v. Rao
Ghari Chowdhury (1963), “the distinction between an appeal and a revision is a real one. Unless the
statute that grants the right of appeal specifies otherwise, a rehearing on appeal includes a rehearing on
both the law and the facts. In most cases, a higher court has the authority to review a previous ruling to
ensure that the original decision was made in accordance with the law.”

Appeal under criminal law

Although the term “appeal” is not defined in the Code of Criminal Procedure, 1973, it can be thought of
as the review of a lower court’s ruling by a higher court. It must be stressed that no appeal can be made
from any judgement or order of a criminal court except in accordance with the legislative procedures
given forth in the Code of Criminal Procedure, 1973, or any other law that is in force. This means that
even the initial appeal is time-limited by law; hence, no “vested right” to appeal exists. The rationale
behind this principle is the presumption that the trial was handled fairly by the courts that heard the
matter. In the event of an acquittal, a conviction for a lesser offence, or insufficient compensation,
however, the victim may file an appeal of the court’s decision. Appeals in the sessions courts and the high
courts are typically governed by the same sets of rules and procedures. The high court is the highest court
of appeal in a state and enjoys more powers in matters where an appeal is permissible. Since it is the
country’s highest court of appeals, the Supreme Court has the ultimate discretion and plenary power in all
appeals. The Supreme Court’s authority is principally determined by the provisions of the Indian
Constitution and the Supreme Court (Enlargement of Criminal Appellate Jurisdiction), 1970. If the high
court overturns an acquittal ruling and sentences the defendant to life in prison, 10 years in jail, or death,
the defendant has the right to appeal to the Supreme Court. Article 134(1) of the Indian Constitution
establishes the same law under the appellate jurisdiction of the Supreme Court, recognising the
importance of a criminal appeal being brought to that court. In accordance with Article 134(2) of the
Indian Constitution, the legislature also passed the Supreme Court (Enlargement of Criminal Appellate
Jurisdiction) Act, 1970, which gives the Supreme Court the authority to hear appeals from the high court
in certain cases. If the trial involved multiple defendants and the court issued an order of conviction for all
of them, each defendant has the same right to appeal the decision. The right to appeal may be waived,
however, under limited circumstances. These rules can be found in Sections 265G, 375, and 376. The
Code of Criminal Procedure of 1973 prescribes that verdicts and orders cannot be appealed except in
certain situations. This demonstrates the critical status of appeals.
A criminal defendant can file an appeal with the Supreme Court, a high court, or a sessions court,
depending on the nature of the case. According to the Supreme Court’s decision in Arun Kumar v. State
of Uttar Pradesh (1989), the Allahabad High Court was right to overturn the Sessions Judge’s acquittal
and convict the appellants if it determined that the Sessions Judge’s position was clearly erroneous and
even contributed to a miscarriage of justice. The Supreme Court of India ruled in Satya Pal Singh v. State
of Madhya Pradesh (2015) that a victim’s next of kin has standing to appeal a conviction to a higher court
under the provisions of Section 372, provided that the deceased victim’s father meets the definition of a
victim. The victim needs the permission of the high court to initiate an appeal against a decision of
acquittal, as the Supreme Court ruled in the case of Satya Pal Singh v. State of Madhya Pradesh. These
are the cornerstones of the appeals process under CrPC:

 The right to appeal must be established by law.

 No automatic right to seek an appeal.
 No appeal only against conviction.
 Petty cases are final and cannot be appealed.
 A plea of guilt results in an automatic conviction; there is no right of appeal.

Who can appeal

A person whose trial results in a guilty verdict may file an appeal of that verdict. When an appeal is made,
it does not imply that the case is being heard again. Issues raised by the trial transcript are used to make a
decision on the appeal. The court may hear new evidence from the appellant if the circumstances warrant
it. Affidavits from witnesses detailing their prepared statements for a new trial should be submitted to the
court to demonstrate this. It is the appellant’s burden to persuade the court that:

 claims that the jury’s judgement should be overturned because it was arbitrary or not supported
by the evidence,
 the judge made an error in interpreting the law, or
 there was a miscarriage of justice.
If an appeal is filed, the court can do just about anything with it. The court may uphold the conviction,
overturn the conviction, substitute a judgement of acquittal, or order a new trial. Even if the court rules in
the appellant’s favour on a technicality of the law, it may nonetheless decide to throw out the appeal if it
determines that there was no serious miscarriage of justice. The Director of Public Prosecutions may also
file an appeal with the Court of Appeal, requesting that the Court of Appeal quash an acquittal and retry
the case, or file an appeal against an interlocutory judgement.

Subsequent appeals
A person who has been found guilty at trial may, with the approval of the Court of Appeal, make a second
or subsequent appeal. An individual seeking permission to appeal must convince the court that new and
persuasive evidence exists and should be taken into account. If the court believes there was a significant
miscarriage of justice, it may hear a new appeal, overturn the conviction, and either substitute a
judgement of acquittal or order a new trial.
Kinds of appeal
Section 373 CrPC – Appeal in court of session
In the event that a person has been ordered to offer security for the purpose of maintaining the peace or
for good behaviour, an appeal against the order may be filed with the Court of Session in accordance with
Section 117.
Where a person has been wronged by any order refusing to accept or reject a surety, the person may seek
redress under Section 121.

Section 374 CrPC – Appeal from convictions

 High Court orders of conviction issued while exercising original criminal jurisdiction have the
right to be appealed to the Supreme Court.
 Conviction orders issued by the Court of Session or Additional Court of Session are appealable to
the High Court.
 If the Court of Session or the Additional Court of Session imposes a sentence of more than seven
years in prison, the defendant may appeal the decision to the High Court.
 Appeals may be taken to the Court of Session from convictions handed down by the Metropolitan
Magistrate, Judicial Magistrate I, or Judicial Magistrate II.
 The court of session hears appeals from anyone who is dissatisfied with the results of a criminal
proceeding under Sections 325 and 360 of the Criminal Procedure Code.
Exception to Section 374
The exceptions to Section 374 of the Criminal Procedure Code are found in Sections 375 and 376 of the
CrPC as given below:
1. There is no right to appeal a conviction where the defendant has made a guilty plea and been
found guilty on the basis of that plea.
2. A person who has been found guilty and sentenced by a high court to a period of imprisonment of
not more than six months or a fine of not more than one thousand rupees, or to both such
imprisonment and fine, shall not be permitted to file an appeal against that sentence.
3. A person who has been found guilty and sentenced by a court of the session or a metropolitan
magistrate to a period of imprisonment of not more than three months or a fine of not more than
two hundred rupees, or to both such imprisonment and fine, shall not be permitted to file an
appeal against that sentence.
4. A person who has been fined by a first-class magistrate of not more than one hundred rupees shall
not be permitted to file an appeal against that sentence.
Section 377 and 378 CrPC – State appeals
State government appeals:
5. Under Section 377, to increase the severity of a punishment;
6. Under Section 378, to overturn an acquittal of an accused person
Section 377 CrPC – Appeal against sentence
The state government may appeal the sentence to the Court of Session or High Court on the grounds that
it is inadequate pursuant to this clause, which may be done through the office of the public prosecutor.
If one disagrees with a magistrate’s sentencing decision, they have the right to file an appeal with the
court of session. If a sentence is handed down by a lower court, an appeal could be filed with the high
court.
If the inquiry is conducted by the Delhi Special Police Establishment or another central agency, the
Central Government would issue the directive to the public prosecutor.
It is expected that the accused will be given a fair hearing before any appeal or decision to increase their
sentence is issued.

Section 378 CrPC – Appeal in case of acquittal

If a magistrate issues an acquittal in a case involving a cognizable and non-bailable offence, the district
magistrate may instruct the public prosecutor to appeal the decision to the court of session. If an acquittal
is issued by a court other than the high court, the state can still ask for a review of the decision by filing
an appeal with that court.
If the inquiry was conducted by the Delhi Special Police Establishment or another government body, the
Central Government will provide instructions on how to file an appeal.
It should be mentioned that the high court’s authorisation will be sought in advance of launching an
appeal there.
In the event that the high court grants special permission to make an appeal, the complaint may do so in
the event that the case launched on the basis of the complaint is afterwards acquitted. A government
employee who has been found not guilty may file a new application within six months after the acquittal.
An application may be filed within 60 days following the judgement of acquittal if the complainant is not
a government employee. No appeal from a judgement of acquittal shall lie if such an appeal is dismissed.

Section 379 CrPC- Appeal against conviction by High Court in certain cases
If a person’s acquittal by the high court is overturned and he is subsequently convicted and sentenced to
death, life in prison, or a term of imprisonment of 10 years or more, the accused may appeal to the
Supreme Court.

Section 380 CrPC- Special right of appeal in certain cases

If a co-defendant has received an appealable sentence, then the other defendant has the right to appeal his
own non-appealable punishment under this provision.

Non-appealable cases
Section 375 CrPC- Certain guilty pleas are non-appealable
No appeal shall lie if the defendant enters a plea of guilty before the high court and the court records such
a plea and finds the defendant guilty.
If the defendant enters a guilty plea in a lower court, an appeal of the sentence may be made to the high
court.
There is a right to appeal a sentence based on:
7. The totality of the punishment.
8. The sentencing process was followed per the law.
Section 376 CrPC- No appeal in petty cases
Petty misdemeanours shall not be subject to appeal. The procedures for handling petty matters vary by
jurisdiction. The following are examples of minor offences:
  In the instance of the High Court, the possible penalties include either imprisonment for up to 6
months or a fine of up to Rs 1000, or both.
 Up to three months in jail time, a Rs. 200 fine, or both if found guilty in court of session.
 Up to 3 months in jail, or a fine of Rs. 200, whichever is greater, if prosecuted by a metropolitan
magistrate.
 There is a Rs 100 fine if you are caught breaking a law in front of a judicial magistrate.
 Up to Rs. 200 in the instance of a Magistrate authorised under Section 260 of the Criminal
Procedure Code.

Important judgements
Dhananjay Rai v. State of Bihar (2022)
The bench consisting of Abhay S. Oka and MM Sundresh, JJ., decided that an appeal against conviction
that was filed by an accused under Sub-Section (2) of Section 374 of the Code of Criminal Procedure,
1973, cannot be dismissed on the ground that the accused is absconding. This decision was made in order
to further the cause of criminal justice.
The accused was found guilty by the Sessions Court on September 4, 2009, and the charges against him
were brought under Sections 302 and 120B of the Indian Penal Code (IPC), as well as Section 27(1) of
the Arms Act of 1959. The accused person took their case to the High Court in Patna, where they filed an
appeal. After some time, it was determined that he had vanished. The appeal against conviction was
thrown out by a division bench of the Patna High Court on August 25, 2015, for the sole reason that the
accused had vanished without a trace, without any consideration being given to the validity of the appeal.
The High Court ruled that even though the right to appeal is substantial, the appellant lost his right to do
so the minute he misused the legal process by evading capture. The appellant’s conduct here constitutes
willful resistance to the criminal justice system.
But the Supreme Court did not agree with the High Court’s method when the High Court acknowledged
that it was departing from the established position of law.
The Court stated that the High Court’s distress about the appellant’s boldness in evading justice by
fleeing the jurisdiction is understandable. Non-prosecution is not a valid reason to ignore the merits of a
previously granted appeal of a conviction.
As a result, the Court reversed the challenged verdict and sent the case back to the High Court to be heard
again on its merits.
As the appeal is from 2009 and challenges a conviction under Section 302 of the Indian Penal Code, the
Court has stated that it should be given the utmost attention in being resolved. The Court ruled that “if the
appeal could not be heard within a reasonable time, in that situation, the appellant will have to be
allowed the liberty to seek suspension of sentence” and asked the High Court to consider the appeal as
soon as practicable, ideally within six months.

Jogi v. the State Of Madhya Pradesh (2021)

When hearing a substantive appeal under Section 374 of the Code of Criminal Procedure of 1973, the
High Court must conduct its own analysis of the evidence and draw its own conclusions about the
accused’s guilt or innocence based on its own evaluation of the evidence in the record.
Dilip S. Dahanukar v. Kotak Mahindra Company Limited (2007)
An offender who has been convicted has the unalienable right to exercise his or her appeal under the
provisions of Section 374 of the Code. In light of Article 21‘s broad definition, the ability to appeal a
conviction that has an impact on one’s freedom is likewise a basic right. Therefore, the right of appeal
cannot be limited in any way or subjected to any conditions. The right to appeal is guaranteed by Article
21 of the Indian Constitution and Section 374 of the Criminal Procedure Code.

Bindeshwari Prasad Singh @ B.P v. State Of Bihar (2002)

When dealing with an appeal from an acquittal preferred under Section 374 of the Code of Criminal
Procedure, the high court has much broader jurisdiction than a revisional court exercising jurisdiction
under Section 401 of the Code of Criminal Procedure against an order of acquittal at the instance of a
private party. All arguments that can be made in favour of the petition for revision can also be made in the
appeal, but not the other way around. When the state’s appeal against the verdict of acquittal is denied,
the verdict of the lower court becomes final. To thereafter exercise revisional jurisdiction under Section
401 of the Code of Criminal Procedure against the order of acquittal at the instance of a private party
might not be a proper exercise of discretion in such a scenario.

Appellate court
The jurisdiction of an appellate court is laid out in detail under Section 386 of the Criminal Procedure
Code. Although the appellate court has the jurisdiction to dismiss an appeal summarily, it will only do so
if the appeal has not been dismissed under Section 384. In accordance with Section 386 of the Criminal
Procedure Code, the Appellate Court may dismiss the appeal if it finds that there is insufficient cause for
interfering with the order under appeal.
If the appellate court hasn’t already ruled out the appeal for the reasons stated, it might:
9. Reverse the lower court’s acquittal decision and remand the matter for further investigation, a
new trial, or commitment, as appropriate; or find the defendant guilty and impose the appropriate
punishment;
10. Reverse the finding and sentence and acquit or discharge the accused, or order him to be retried
by a Court of competent jurisdiction subordinate to such Appellate Court, or commit him for trial,
or alter the finding, maintaining the sentence, or with or without altering the finding, alter the
nature or the extent, or the nature and extent of the sentence, but not so as to enhance the same in
an appeal from a conviction;
11. Reverse the finding and sentence and acquit or discharge the accused or order him to be retried by
a Court competent to try the offence; Alter the finding maintaining the sentence; Alter the nature,
the extent, or both, of the sentence, so as to enhance or reduce the same; With or without altering
the finding, alter the nature, the extent, or both;
12. Modification or reversal of any prior order pending appeal;
13. Make any adjustment or order that is necessary or appropriate to the punishment; Provided,
however, that the sentence shall not be increased unless the accused has been given a chance to
show cause against such increase.
Further, the Appellate Court shall not impose on the defendant a greater penalty than that imposed by the
court that issued the order or sentence that is the subject of the appeal. Regarding an appeal that has arisen
from an order of conviction, Section 386(b) provides the Appellate Court with extensive powers, and the
Appellate Court has the authority to even acquit a person who has been found guilty of an offence by the
trial court.
According to Section 386 of the Criminal Procedure Code, a person who has been convicted has the right
to appeal their case, and the Appellate Court has the authority to, while the appeal is pending, order that
the execution of the sentence or order that is being appealed against be suspended, and also, if the person
is in confinement, that they be released on bail or on their own bond.

Conclusion
An appeal does not result in a new trial. In order to evaluate whether there are sufficient grounds to grant
the appeal, the appellate court instead reviews the record of the lower court’s proceedings. A complete
transcript of the trial as well as all pre and post-trial motions are included in the record. Appellate courts
don’t just look at the evidence presented in the trial; they also read the briefs the parties submit. Appellate
briefs provide context for the arguments made in an appeal and lay out the relevant legal issues at stake.
Since it was created by legislation, the appellate court’s authority and jurisdiction must be defined within
the confines of the law. At the same time, an appeals court is a “court of error,” the purpose of which is to
revise the lower court’s ruling if it was incorrect, and its jurisdiction should be identical to that of the
lower court. It should not and cannot perform an action that the lower court lacked jurisdiction to execute.
Similarly, in circumstances where the trial for conviction was not held in the High Court, the State
Government has the authority to direct the Public Prosecutor to file an appeal against the sentence on the
grounds of inadequacy with either the session’s court or the High Court. Neither the victims nor the
complainants nor anybody else has been afforded the opportunity to file an appeal challenging their
sentences on the grounds that they are inadequate. In addition, the court must provide the defendant with
a fair opportunity to present arguments against any proposed sentence enhancement. The defendant has
the right to show cause in order to be exonerated or have his sentence reduced.

INTRODUCTION
The process of criminal justice has some serious consequences on an individual’s life, primarily on the
right to life and personal liberty. Each and every institution built by humans is prone to fallibility,
therefore, this applies to the decisions rendered by courts as well. Resultantly, there should be specific
provisions in place so as to scrutinise the decisions of lower courts in order to obviate the scope of
miscarriage of justice. Realizing this aspect, there are certain provisions which have been included in the
criminal procedure on appeal against a judgment or order of criminal courts. CrPC contains elaborate
provisions on appeals starting from Section 372 to Section 394.
Howbeit, there are certain cases in which there is no right to appeal. The legislators bore this in mind and
incorporated the concept of review procedure called revision in the legislature so as to completely avoid
any miscarriage of justice for even those cases where the right of appeal has been barred by CrPC.
Section 397 to Section 405 include the powers of revision granted to the higher courts, and the procedure
to exercise these powers. It must be noted that these powers are extensive as well as discretionary by their
very nature.
In a general sense, appeal is a legal right conferred upon parties, however, revision completely depends
on the discretion of a criminal court, which means that it is not a right as such. In criminal cases, at least
one appeal is granted to an accused by the legislature, whereas there is no such right in instances of
revision. In fact, the courts have many times discussed the difference between an appeal and a revision. In
the case of Hari Shankar vs Rao Ghari Chowdhury[1], the Supreme Court held that “the distinction
between an appeal and a revision is a real one. A right of appeal carries with it a right of rehearing on law
as well as fact, unless the statute conferring the right of appeal limits the rehearing in some way as. The
power to hear a revision is generally given to a superior Court so that it may satisfy itself that a particular
case has been decided according to law.”

APPEAL
The word “appeal” has not been defined in The Code of Criminal Procedure, 1973, (hereinafter CrPC),
however, it can be described as the judicial examination of a decision, given by a lower court, by a higher
court. The Merriam-Webster dictionary defines appeal as “a legal proceeding by which a case is brought
before a higher court for review of the decision of a lower court”.[2]
It needs to be pointed out that except for the statutory provisions laid down by CrPC or any other law
which is in force, an appeal cannot lie from any judgment or an order of a criminal court.[3] Thus, there is
no vested right to appeal as such as even the first appeal will be subjected to statutory limitations. The
justification behind this principle is that the courts which try a case are competent enough with the
presumption that the trial has been conducted fairly. However, as per the proviso[4], the victim[5] has a
right to appeal against any order passed by the Court under special circumstances comprising of a
judgment of acquittal, conviction for lesser offence or inadequate compensation.
In the case of Satya Pal Sigh vs State of Madhya Pradesh[6], the Hon’ble Supreme Court held that the
father of the deceased has a locus standi to present an appeal to the High Court under the proviso of
Section 372, as he falls within the definition of “victim”, to question the correctness of judgment and
order of an acquittal of accused.
Generally, same sets of rules and procedures are employed to govern the appeals in the Sessions
Courts[7] and High Courts (highest court of appeal in a state and enjoys more powers in matters where
appeal is permissible). The highest court of appeal in the country is the Supreme Court and hence, it
enjoys the most extensive discretionary and plenary powers in the cases of appeals. Its powers are largely
governed by the provisions laid down in CrPC, Indian Constitution, and the Supreme Court (Enlargement
of Criminal Appellate Jurisdiction), 1970.
The law provides a person who has been convicted of a crime to appeal to the Supreme Court or the High
Court or the Sessions Court as per the circumstances.[8] In the case of Arun Kumar vs. State of Uttar
Pradesh[9], the Honourable Supreme Court held that if the High Court found that the view taken by the
Sessions Judge to acquit the appellants was manifestly wrong, moreover, it even led to miscarriage of
justice, therefore, the High Court was correct in setting aside this acquittal and convicting them.
The State Government has been empowered to direct the Public Prosecutor to appeal against the sentence
on the grounds of inadequacy to either the sessions court or the High Court, however in only those cases
where the trial for conviction has not been held by the High Court.[10] This shows that this right to
appeal against sentences on the grounds of inadequacy has not been granted to the victims or the
complainants or any other person. Moreover, it is mandatory for the Court to give the accused a
reasonable opportunity to show cause against any enhancement of the sentence in the interest of justice.
The accused has the right to plead for his acquittal or a reduction in the sentence while showing cause.
Similarly, the District Magistrate, and the State Government have the powers to direct the Public
Prosecutor to present an appeal in case of an acquittal to Court of Sessions, and the High Court,
respectively, subject to certain conditions.[11] A two-Judge bench of the Hon’ble Supreme Court held in
the case of Satya Pal Singh vs State of Madhya Pradesh[12] that the victim cannot file an appeal against
an order of acquittal without obtaining the leave of the High Court.
The accused has been given the right to appeal to the Supreme Court against the judgment of the High
Court if the High Court has reversed an order of his acquittal on appeal by convicting him, thereby,
sentencing him to imprisonment for life or for ten years or more, or to death.[13] Understanding the
relevance of a criminal appeal being made to the Supreme Court, the same law has also been laid down in
Article 134(1) of the Indian Constitution under the appellate jurisdiction of the Supreme Court. The
Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, has also been passed by the
legislature in consonance with Article 134(2) of the Indian Constitution to confer additional powers on
the Supreme Court to entertain and hear appeals from the High Court under certain conditions.
A similar right to appeal has been granted to one or all accused persons if more than one persons have
been convicted in a trial and such order has been passed by the court.[14]
However, there are certain circumstances under which no appeal shall lie. These provisions have been
laid down under Section 265G[15], Section 375[16] and Section 376[17] of the CrPC.
As to the finality of the judgments and orders passed on appeal, CrPC makes them final except in some
cases.[18] This shows how paramount importance is given to appeals.

REVISION
The word “revision” has not been defined in CrPC, however, as per Section 397 of CrPC, the High Court
or any Sessions Judge have been empowered to call for and examine the records of any proceeding satisfy
oneself:
14. as to the correctness, legality, or propriety of any finding, sentence or order, whether recorded or
passed, and
15. as to the regularity of any proceedings of an inferior court.
Moreover, they have the powers to direct the execution of any sentence or an order to be suspended. Not
just this, but to even direct to release the accused on bail or on his own bond if the accused is in
confinement. They may even order an inquiry subject to certain limitations.[19] It is clearly evident that
the appellant courts have been granted such powers so as to obviate any failure of justice.
The Honourable Supreme Court of India, in the context of this provision, held in the case of Amit Kapoor
vs Ramesh Chander & Anr[20] that “the revisional jurisdiction can be invoked where the decisions under
challenge are grossly erroneous, there is no compliance with the provisions of law, the finding recorded is
based on no evidence, material evidence is ignored or judicial discretion is exercised arbitrarily or
perversely.” The same Court, further explaining this provision, held in the case of State Of Rajasthan vs
Fatehkaran Mehdu[21] that “the object of this provision is to set right a patent defect or an error of
jurisdiction or law or the perversity which has crept in the proceeding.”
The High Court has the power to take up a revision petition on its own motion i.e. suo moto or on the
petition by an aggrieved party or any other party. The Allahabad High Court held in the case of Faruk @
Gaffar vs State Of U.P.[22] that “whenever the matter is brought to the notice of the Court and the Court
is satisfied that in the facts and circumstances of the case, a case is made out for exercising the revisional
powers suo motu, it can always do so in the interest of justice.”
There are certain statutory limitations that have been imposed on the High Court for exercising its
revisional powers as per Section 401 of CrPC, however the only statutory requirement to exercise this
power is that the records of the proceedings are presented before it, after which it is solely the discretion
of the Court:
16. An accused is to be given due opportunity to hear him and on order cannot be passed unless this
is followed.
17. In instances where a person has forwarded a revisional application assuming that an appeal did
not lie in such a case, the High Court has to treat such application as an appeal in the interests of
justice.
18. An application of revision cannot be proceeded with if it has been filed by a party where the party
could have appealed but did not go for it.
The High Court, as well as the Sessions Court, may call for record of any proceeding of any inferior
criminal Court situated within its jurisdiction for the purpose of satisfying itself as to the correctness,
legality of propriety of any finding, sentence, etc. Thus, the Sessions Judge could examine the question in
relation to the inadequacy of sentence in view of the powers conferred on him by Section 397(1) of CrPC.
[23]
The difference between the powers of the High Court and the Sessions Court being that the Sessions
Judge can only exercise revisional powers which he has called for by himself, whereas the High Court has
the power to take up a revisional matter by itself or when it is brought to its knowledge. The powers of a
Sessions Court are the same as that of the High Court while dealing with revisional cases. The Madras
High Court in the case S. Balasubramaninan vs The State Of Tamil Nadu[24] held that “a Sessions Judge
can entertain an application in revision against sentence and enhance the sentence in revision in certain
cases.” It has also been previously held by the Hon’ble Supreme Court in the case Alamgir vs State of
Bihar[25] that “in respect of enhancement of sentence in revision the enhancement can be made only if
the Court is satisfied the sentence imposed by the trial Court is unduly lenient, or that in passing the order
of sentence, the trial court has manifestly failed to consider the relevant facts”

CONCLUSION
It can thus be clearly seen that through the process of appeals, a person gets an opportunity to get any
legal, or factual error in an order or judgment corrected. Nevertheless, appeals against any judgment, or
order, or sentence of a criminal court can only be preferred when it has been specifically provided in the
statutes. Thus, the right to appeal can only be exercised within the limits laid down by CrPC or any other
law which is in force and hence, this is a constricted right. As far as the decision to appeal is considered,
it is discretionary except in cases when an accused person has been sentenced to death by Sessions Court.
Not only this, there are certain cases as well in which appeal is not allowed at all, in fact the judgment, or
order, or sentence delivered by the criminal court will attain finality.
Moreover, there is no doubt that the revisional jurisdiction of the High Court is quiet extensive. In fact, it
can be said that no form of any judicial injustice can permeate through this power. It has been held in
various decisions that the High Court is allowed to exercise it inherent powers when dealing with cases of
revision. These inherent powers apply to both substantive as well as procedural matters. However, it
cannot re-examine any evidence.
Introduction
“Hate the crime and not the criminal”. You might have heard this a zillion times. This means that we need
to eliminate crime and for this the elimination of criminals is not required. The Criminal Law in India is
more into reforming offenders rather than punishing them. It is true that punishment gives a sense of
satisfaction to the society as well as to the victim, but this does not reform the criminals. Especially in the
cases of imprisonment, once the person is out of prison, he is back to his old ways of infringement of
rights. This is common in the cases of youth criminals. Their minds are not mature and get diverted when
engaged with several criminals in jail.
Thus, instead of keeping the accused with hardened criminals in jail, the court may order personal
freedom on the basis of good behaviour. The court can also grant a supervision period for the accused.
The main aim behind the Probation of Offender Act, 1958 is to give an opportunity to offenders to reform
themselves rather than turning into hardened criminals. Section 562 of the Code of Criminal
Procedure,1898 (after amendment it stands as Section 360 of the Code of Criminal Procedure, 1973)
provides that any person not below twenty-one years of age who may have not been convicted for an
offence for imprisonment up to seven years or not convicted to death or imprisonment of life can be
released on the basis of probation for good conduct.

The Act is based on a reformative approach which has come over the years from the Doctrine of
Deterrence. It has been observed that the offender’s readjustment in society decreases after the release.
They might also face problems while working with professional delinquents. This creates an undesired
impact on the convicted and his/her life afterwards. The Probation of Offender Act, 1958 saves minor
offenders from becoming regular criminals. This is done by providing them with a chance to reform
themselves rather than getting into prison. The probation officer amicably reaches to the needs and
difficulties of the accused and tries to solve the problem. This is done for the person convicted of minor
crimes.
The Probation Officer is the key human being in the process of Probation management. He contacts the
Probationer directly. He is responsible for upholding the provisions of the court’s probation order. He
carries out two primary functions which consist of the Probation offender presentence investigation and
supervision of the offender. The Probation of Offender Act, 1958 aims at providing the release of the
accused if he has been found not guilty of an offence not punishable with death or life imprisonment after
due admonition. It has been enacted to provide the offenders with an opportunity to prove that they can
improve their behaviour and can live in a society without harming them.
It is also to be kept in mind that reformation doesn’t always work. Sometimes the crimes are so heinous
and abhorrent and the criminals are so unrepentant that punishment of such crimes is important. For some
cases, reformation is not useful and punishment is best to safeguard the society by locking them for life.

Scope and Background

The Act is a landmark in advancing the new liberal reform movement in the penology field. It is the result
of the recognition of the doctrine that criminal law is more about reforming the individual offender than
about punishing. Probation has its influence from the juvenile justice system of “positivism” which has its
development from the ideologies of the criminal justice system. The origin of probation was traced in the
early practices of the English law and experienced development in the 19th century. However, the
development of probation began in the early twentieth century, when various countries like Europe and
North American began to initialize methods to reduce the consequence of severe punishments.
Imprisonment became the most common mode of penal sanction.
From early 1800 to the present date, probation has tried to reform, remake, remould the offenders into
honest, good and law-abiding citizens. In India, the main legal articulation to the reformatory framework
for the probation theory is found in procedural code. Later the Children Act, 1908 additionally enabled
the court to discharge certain guilty parties waiting on probation because of their good conduct. The
extent of arrangements of probation law was expanded further by the enactment in 1923 resulting in the
Indian Jails Committees Report (1919-1920). In 1931 the Government of India arranged a Draft Probation
of Wrongdoers Bill and flowed it to the then Provincial governments for their perspectives.
A Bill on Probation of Offenders was introduced in Lok Sabha on November 18, 1957. A Joint
Committee was formed to consider the Bill allowing for the release of prisoners on probation or after
proper admonition and related matters. On 25 February 1958, the Joint Committee delivered its report to
Lok Sabha. In Parliament, the Probation of Offenders Act was adopted on the advice of the Joint
Committee. Probation in India is used as an institutional method of treatment. The western does not allow
the use of institutional methods for probation. They administer probation by voluntary organisations of
sociologists and psychologists. They consider that the judges should not interfere with this.
The Indian system says that the judiciary should solely vest in the probationary laws. This is so because
the power of probation will be vested upon the voluntary and extrajudicial agencies which lack judicial
methods and techniques. This would create a serious problem as these organisations will have their own
values and considerations. Sociologists and psychologists will be concerned only upon the reformations
of the offender and not the legal implication of the reformative measure. Probation is subjected to judicial
review under Article 226 of the Indian Constitution which will eventually allow the judges to bring it
under judicial scrutiny.

Aim and Objective of Probation

The main aim and objective of probation is to permanently reform the lawbreakers. It involves moulding
the habits into constructive ways by rehabilitation and reformation. The objective is to give a chance to
the anti-social person to willingly cooperate with society. This will also give him social protection and
security. It is a substitution for imprisonment. Imprisonment will not always serve the purpose of
eliminating crime. The object of Probation Law is more to reform the offender than to punish him. This is
what we generally call Probation. Simply, it can be understood as the conditional release of an offender
on the promise of good behaviour.
The aim of this Section was to reform the young offender who might have committed the crime under the
influence of bad company or ignorance. The object is to remould and save them from the hardened
criminals who might distract them to the path of crimes. This Section also helps the persons of mature age
who may have committed the crime in influence. They are expected to be good citizens of the country.

Statutory provisions under the Act

The provision is broadly classified into procedural and substantive general laws dealing with probation of
the offenders.The first provision to deal with probation was in Section 562 of the Code of Criminal
Procedure,1898. After the amendment in 1973, the probation was dealt with in Section 360 of the Code of
Criminal Procedure. This Section says that if:
 19. Any person who is not below twenty-one years and is convicted of a crime for which the
punishment is imprisonment for seven years or is convicted for an offence punishable with fine.
20. Or any person who is below twenty-one years or if any women convicted of an offence not
punishable with imprisonment of life or death and no previous conviction is proved against the
offender.
21. And appears before the court, regardless of the circumstances in which he has committed the
offence, the court might release the offender on the promise of good conduct.
The court might release him on entering the bond for good conduct and peace instead of punishing the
offender with imprisonment. In this case of Jugal Kishore Prasad v. The State of Bihar, the Supreme
Court stated that the aim of the law is to deter the juvenile offenders from turning into obdurate criminals
as a result of their interaction with seasoned mature-age criminals in case the juvenile offenders are
sentenced to incarceration in jail. It is observed that the Act is in accordance with the present trend of
penology, which says that effect should be made with accordance to change and remould the offender and
not to retribute justice. Modern criminal jurisprudence recognises that no one is born criminal. A good
number of crimes are a result of a socio-economic environment.
The Probation of the Offenders Act, 1958 excludes the application of Section 360 of the Code of Criminal
Procedure, 1973 whenever the Act is applied. Section 3 to Section 12 of the Probation of the Offender
Act, 1958 deals with the procedures of the court to deal with the release of the offenders. The important
aspects of the provisions are discussed in five ways:

Admonition
Section 3 of the Probation of the Offenders Act,1958 deals with the power of court to release the offender
after admonition. An Admonition, in literal terms, means a firm warning or reprimand. Section 3 says
how the offender is benefited on the basis of admonition after satisfying the following conditions:

 When any person is found guilty of committing an offence under Section 379 or Section 380 or
Section 381 or Section 404 or Section 420 of the Indian Penal Code,1860 or any offence
punishable with imprisonment for not more than two years, or with fine, or with both, under the
Indian Penal Code, or any other law
 An offender should not previously be convicted for the same offence.
 The Court considers the nature of the offence and the character of the offender.
 The Court may release the offender on probation of good conduct applying Section 4 of the Act,
instead of sentencing him.and,
 The Court may release the offender after due admonition, instead of sentencing him.
Case laws
22. Keshav Sitaram Sali v. The State of Maharashtra, AIR 1983 SC 291 – In this case, the appellant
was an employee of the Railways at the Paldhi Railway Station. He abetted the execution of a
charcoal theft crime committed by Bhikan Murad in the case before the Special Judicial
Magistrate First Class (Railways), Bhusawal, on the charges of charcoal stealing. The learned
Magistrate acquitted the appellant of that crime, and the State Government filed an appeal before
the Bombay High Court against the acquittal judgment passed by the learned Magistrate. He was
charged with a fine of Rs. 500 and in default of payment, rigorous imprisonment for two months.
The subject matter of theft was a quantity of coal valued at Rs. 8. The Supreme Court held that in
case of minor thefts, the High Court should extend the benefit of Section 3 or Section 4 of the
Probation of Offenders Act,1958 or Section 360 of the Code of Criminal Procedure,1973 rather
than imposing fines.
 23. Basikesan v. The State of Orissa, AIR 1967 Ori 4 – In this case, a 20-year-old was found guilty of
an offence under Section 380 of the Indian Penal Code,1860. It was held that the youth had
committed the offence not deliberately and so the case must be applied for Section 3 of the
Probation Act and be released after admonition.
24. Ahmed v. The State of Rajasthan, AIR 1967 Raj 190 – In this case, the court said that the benefit
of the Probation of the Offenders Act does not extend to anyone who has indulged in any activity
that resulted in an explosive situation leading to communal tension.
Probation on good conduct
Section 4 of the Probation of the Offenders Act,1958 talks about the release of the offender on the basis
of good conduct. It is a very important Section of the Act. The important points that must be remembered
for the application of this Section are:

 Section 4 of the Act is not applicable if the offender is found guilty of an offence with death or
imprisonment for life.
 The Court has to consider the circumstances of the case including the nature of the offence and
the character of the offender.
 The court may pass a supervision order to release the offender on probation of good conduct. The
supervisory period is not to be shorter than one year. The probation officer must supervise the
individual for such a span in such a situation. In the supervisory order, the name of the probation
officer should be listed.
 The Court can direct the offender to execute a bond, with or without sureties, to appear and
receive sentence when called upon during such period which should not exceed a period of three
years. The court may release the offender on good behaviour.
 The Court may put appropriate conditions in the supervision order and the court making a
supervision order explain to the offender the terms and conditions of the order. Such supervision
order should forthwith be furnished to the offender.
 Probation officer’s report is not compulsory to enforce this rule, but if the information is required
on record, the Court shall take into account the probation officer’s information before granting a
probation order for good behaviour.
Case laws
25. Smt. Devki v. The State of Haryana, AIR 1979 SC 1948 – In this case, it was observed that
Section 4 would not be extended to the abominable culprit who was found guilty of abducting a
teenage girl and forcing her to sexual submission with a commercial motive.
26. Dalbir Singh v. The State of Haryana, AIR 2000 SC 1677 – In this case, the court took the
opinion that it is appropriate for the defendant to be placed on probation for his good conduct,
given that the facts of the situation are needed to be taken into account. One of the circumstances
informing the aforementioned opinion which cannot be omitted is “the essence of the offence.”
Thus, Section 4 can be redressed where the court recognizes the circumstances of the situation, in
particular the “character of the crime,” when the court decides whether it is reasonable and
necessary for the execution of a defined reason that the defendant should be released on the
grounds of good conduct.
27. Phul Singh v. the State of Haryana, AIR 1980 SC 249 – In this case, the court held that the
provision of Section 4 should not be mistaken and applied easily in undeserving cases where a
person in early twenties commits rape. The court, thus, refused the application of probation on
such heinous nature of crime and convicted the person.
Cost and compensation
Section 5 of the Probation of the Offenders Act, 1958 says that if any person is released under Section 3
or Section 4 of this Act, even then the court might order:

 The offender to pay compensation to the victim for the loss or the injury occurred to him. Or
 Cost of the proceeding as the court may think reasonable.
Case laws
28. Rajeshwari Prasad v. Ram Babu Gupta, AIR 1961 Pat 19 – The amount of compensation is
purely on the discretion of the court to grant if it thinks it is reasonable in the case. Thus, deciding
the amount of compensation, it is solely the court’s discretion to require payment and costs where
it finds.

Offenders under 21 years of age

Section 6 of the Probation of the Offenders Act,1958 talks about the restriction on the imprisonment of
offenders under twenty-one years of age. This provision says that offenders who are under 21 years of age
are not sent to prison where the offence is not so serious as to warrant imprisonment for life or death.
Important points to be remembered before the application of Section 6:

 In cases where the accused is below 21 years of age, the Court shall call for the report of the
Probation Officer. If the court’s opinion is not desirable with offender either on the ground of
admonition (Section 3) or on the ground of release on probation of good conduct (Section 4), the
Court can pass sentence of imprisonment on the offender who is under 21 of years ago but the
Court cannot sentence him without recording reasons for doing so. The Court has an obligation to
see whether Section 3 or 4 of the Act applies or not. For this purpose, the Court must call for the
report of the Probation Officer. Therefore, the report of the Probation Officer is mandatory when
the offender is under 21 years of age.
 The court considers the nature of the offence and the character, physical and mental condition of
the offender before making any decision.
 It is difficult for the court to come to a conclusion whether Section 3 or Section 4 applies or not
unless the Court considers the report of the Probation Officer, therefore, the report of the
Probation Officer is mandatory under Section 6 of the Act.
 On receiving a report, the Court peruses it and decides whether the offender can be released on
admonition or probation of good conduct or not.
 After receiving the report, if the court orders that the offender shall not be released, applying
Section 3 or Section 4 of the Act, the Court can pass sentence to the offender recording the
reasons for doing so.
Case laws
29. Daulat Ram v. The State of Haryana 1972 SC 2434 – In this case, it was held that the aim of this
Section was to protect the youth. The juvenile offenders would not be sent to jail if their crime
was not as serious as to punish them with life imprisonment or death. Therefore, the provision
should be liberally construed keeping in view the spirit embodied therein.
30. Ramji Nissar v. The State of Bihar; AIR 1963 SC 1088 – In this case, the Supreme Court observed
that the object of the Act, 1958 is to prevent the turning of youthful offenders into criminals by
their association with hardened criminals of mature age within the walls of a prison. The method
adopted is to attempt their possible reformation instead of inflicting on them the normal
 punishment for their crimes. The person’s age problem is important not for the purpose of
assessing his or her guilt, but rather for the purpose of punishing the crime for which he or she is
found guilty. Consequently, if a court determines that the defendant was not under the age of 21
on the day the court found him guilty, Section 6 does not apply.
Report of probation officers
Section 7 of the Probation of the Offenders Act,1958 deals with the clause that the report of the probating
officer is kept confidential. No Probation Officer’s report is necessary to apply Section 4 of the Probation
of Offenders Act but such report is must under Section 6 of Probation of Offenders Act if the offender is
under 21 years of age. However, if such a report is available on the record, under Section 4 of the Act, the
Court shall not ignore it and that the Court shall take the report into consideration.

Salient features of the Act

The most important salient feature of the act is
31. The Probation of Offenders Act of 1958 is aimed at modifying novice prisoners by rehabilitating
them in the society and avoiding the progression of juvenile offenders into obdurate criminals
under environmental control by locking them in prison with hardened criminals.
32. This seeks to release first offenders, following proper admonition or notice with advice who are
suspected to have committed an offence punishable under Section 379, Section 380, Section 381,
Section 404 or Section 420 of the Indian Penal Code and even in case of any crime punishable
with incarceration for not more than two years, or with fine, or both.
33. The Act demands that the Court can order such compensation and the costs of the prosecution for
reimbursement by the accused as it finds fair for the damage or injury to the victim.
34. This Act empowers the Court to free those prisoners on probation in good behaviour if the crime
supposedly perpetrated is not punishable by death or imprisonment for life. He will, therefore, be
kept under control.
35. The Act gives the Judge the right to modify the terms of the bail after a prisoner is placed on
probation with good behaviour and to prolong the probation period not to exceed three years from
the date of the initial order.
36. The Act offers extra protection for people under the age of twenty-one to prevent sentencing him
to prison. However, a person found guilty of a crime punishable by life imprisonment can not
have this clause.
37. The Act empowers the Court to grant a warrant of arrest or summons to him and his guarantees
compelling them to appear before the Court on the date and time stated in the summons if the
defendant placed on bail refuses to comply with the terms of the bond.
38. Under the terms of this Act, the Act empowers the Judge to try and sentence the defendant to jail.
The High Court or any other Court may even make such an order when the case is put before it on
appeal or in revision.
39. The Act offers a significant function for probation officers to support the Court and oversee the
probationers under its supervision and to guide and support them in seeking appropriate work.
40. The Act applies to India as a whole except for Jammu State and Kashmir. This Act shall come
into force in a State on such date as the Government of the State may designate, by notice in the
Official Gazette. It also gives state governments the right to put the Act into force on multiple
dates in different parts of the State.
The offence for which probation cannot be granted under the Act
There are certain cases in which the Probation of the Offender Act is not applicable. In normal
circumstances the Probation of the Offender Act is not applicable to:

 Section 409, 467 and 471 of the Indian Penal Code – these Sections deal with breach of trust by
public servants, forgery of valuable security and will and documents used as a genuine forgery. In
Rev vs By Adv. Sri P.K.Ravisankar and State Of Gujarat vs V.A. Chauhan, on 3 February 1983,
the court did not grant release of the offenders on the basis of Section 3 and Section 4 of the
Probation of the Offenders Act,1958.
 Probation of the Offenders Act,1958 does not grant the release on the grounds of kidnap or
abduction. In the case of Smt. Devki v. State of Haryana, AIR 1979 SC 1948 it was observed that
Section 4 would not be extended to the abominable culprit who was found guilty of abducting a
teenage girl and forcing her to sexual submission with a commercial motive.
 The Act refrains from providing release of habitual offenders. In the case of Kamroonissa v. the
State of Maharashtra, AIR 1974 SC 2117, the appellant was charged with the theft of gold. She
was punished by rigorous imprisonment. She was under 21 years of age. The probation officer
thus requested the court to grant her the release under Sections 3 and 4 of the probation of the
offender’s Act. The court refused the claim by addressing that the appellant had been engaging in
various crimes before and was arrested in 1971.
 Section 325 of the Indian Penal Code – This Section speaks about the violence that causes
grievous hurt. Thus, the Probation of the Offender Act does not provide a release on this basis.
 State of Sikkim v. Dorjee Sherpa And Ors– In some cases, the Court does not take technical views
and should take into account certain considerations, such as the risk of work losses, to invoke the
provisions of the Probation of Offenders Act even in serious offences. This was also argued that
the Court would also take into account that convicts belonging to middle-class families with no
criminal record frequently become victims of situations due to the unwelcome business and other
negative forces available to these young generations.

Pit-falls in Probation System in India

There are certain pitfalls in the probation system:
41. It is difficult in many situations to determine whether the criminal is a first offender or a
recidivist. There is, therefore, a possibility that an offender who is otherwise recurrent may be
admitted to probation and may not react favourably to this technique of correction.
42. Section 4 of the Probation of Offenders Act, a main provision of the Act, does not make it
compulsory to supervise a person released on probation unless the court orders release a person
on probation after entering into a bond with or without immunity. This is not in line with the
probation philosophy which considers supervision important to the offender’s interests
43. Section 6 of the Act allows the court to take into account the report of the probation officer when
it is appropriate to take a decision to grant or deny probation to an offender under the age of 21,
but many times court decisions are made without any report. Again, this goes against the spirit of
morality that is enshrined in the Probation Act. This is basically because of the poor judiciary
system.
44. The lack of real interest in social service among the probation personnel presents a major problem
in selecting the right persons for this arduous job.
Conclusion
The benefit of probation can be usefully applied to cases where persons on account of family discord,
destitution, loss of near relatives, or other causes of like nature, attempt to put an end to their own lives.
Its aim is to reform the offender and to make him see the right path.It would be of great help to a country
like India where the prisons are always overcrowded, with regular abuses of human rights that will harden
a person’s inside. Probation is the divine affirmation inside every being and it has to be given importance.
In order to accomplish the ultimate purpose of reclaiming all criminals back into organized society, the
reform and recovery process must be carried out in the sense of the current social situation. Along with
the juvenile justice system, probation has taken the human interests and socio-economic issues underlying
the principles of crime and punishment to the forefront. It also helped to build positive views towards
prisoners and expanded the role of enforcing criminal justice beyond standard sentencing.

Introduction
The Probation of Offenders Act of 1958 builds on the premise that juvenile offenders should be stopped
by counselling and rehabilitation rather than thrown into jail by being regular offenders. The probation
officer focuses on the offender’s concern or desire, and tries to solve his concern and aims to make the
offender a productive member of the community. Within the criminal justice system, the probation officer
plays a critical or important role. He is at the forefront of the rehabilitation of the prisoners, he helps
confess and rehabilitates the prisoners as a decent citizen in society.

Who is a Probation Officer

A probation official is a court officer who regularly meets people sentenced to a supervised probation
period. Generally, these people are perpetrators and lower-level criminals. The majority of the offenders
placed on probation are first time offenders. Placing any one on probation is a way for the court to
prevent offenders from incarceration. Many that are on probation live in our neighbourhoods, stay home,
are working or participating in an educational program, and raise their children. The justice system’s
objective is to have a person who is put on probation as a responsible member of society while retaining
contact with his or her family and community support sources. Once on probation, a person may be
ordered to engage in an evaluation of drug abuse or domestic violence to determine if treatment is
necessary. Moreover, by doing breathalyzer or urinalysis tests, people may need to assist in tracking
sobriety. Another typical condition is for an individual to continue his/her education and/or work.

Responsibilities of Probation Officer

A probation officer will need to meet, on a monthly or sometimes weekly basis, their client. Based on an
assessment of risk/needs, the probation officer may decide the degree of supervision that a person
requires (minimum, medium or maximum). It helps to determine how much assistance a person requires.
Evaluations assess how a person is engaged in a group, often referred to as their community relations. The
assessment also checks how likely another person will commit more crimes.
Any time a probation client visits his/her probation officer, a report form needs to be filled out. Lives of
the populations also shift because of unemployment, job gain, or divorce. Meeting with a client allows the
probation officer to see where additional support is required in order for the client to succeed. Therefore,
when a person starts at a maximum supervisory level (weekly meetings), this does not mean that they
must remain at this level during their probationary period. Probation officers are required to regularly
revise the case plan of a probationer.

Duties of Probation Officer

Pursuant to the Offenders Probation Act 1958 – Section 14 Gives details concerning the duties of
probation officers that, subject to such conditions and limitations as may be imposed, a probation officer
is expected to do:
45. Investigate the circumstances or domestic environment of any person accused of an offence with
the intention, in accordance with any direction of the Court, to help the Court to determine and
report the most appropriately advised approach to his dealing with it;
46. Supervising probationers and other persons under his supervision and seeking suitable
employment where necessary;
47. Counselling and supporting victims in the payment by the Court of penalties or costs;
48. Advice and assist persons released pursuant to Section 4 in such situations and manner as may be
prescribed;
49. Perform the other duties prescribed as may be.
A probation agent, as laid down in Section 14 of the Act, has main functions, such as investigation,
supervision and guidance, counselling and professional control of criminal probation. As an inspiring,
guiding and supporting probationer, this probation officer facilitates the rehabilitation of the criminal as a
law-abiding member of society.

Analysis and monitoring

To obtain information about his mistakes or achievements, a detailed review of the life history and
background history of the delinquent is needed. In case the criminal refuses to respond favourably to the
reform procedures, a proper enquiry would require further limitations on the rights of the criminal. To
extract as much information as possible about his antecedents, the probationer must be approached
psychologically, with the result that information is so obtained that it is possible to assess the chances that
the offender is reformed through the probationary process. Monitoring is mainly a police function, so it
would be very useful to advise and support the research officer in this police task.

Supervision and counselling

Continuous monitoring of the work of the probationer is not necessary or feasible. Supervision of
probation can therefore only be carried out through field visits and intermittent contacts. The Probation
Officer will fully understand and prescribe steps to resolve issues that can hinder the re-adjustment in a
society of the offender. He must actively support the probationer in the process of his rehabilitation. The
probationer does not feel continuously pressured or controlled.
The probation officer is responsible for overseeing the probationer according to Section 14(b) and Section
18. The probationers issued or granted a check by the judge, i.e., have different aspects. Both human and
legal. When the court awards punishment to an offender, it must make sure that the offender also has
rights to rehabilitate and according to ordinary human beings. Supervision is, therefore, one of the
strategies that can cure and rehabilitate the offender under the supervision of the probation officer and
protect society against the offender.
At the same time, the trial officer has a responsibility to mould the offender’s character. There are
therefore two aspects of supervision.

 The testing person must comply with the requirements of the court. In the event that the
probationer violates terms, the check agent must report the probation order to the court. The trial
officer must maintain the balance between the offender’s recovery and the safety of society. In
this sense, he has double work. If the probationer makes no improvement in his actions, he would
then have to act as a guardian for society.
 Second, the trial officer must accept the probationer as he is, that is, with all his faults. He has to
distinguish between cases which require very little support and attention, those which respond to
guidance and advice and those which require close attention, but which do not respond to his
therapy.
The probation officer must establish a relationship with the offender and create faith in him in the mind of
the offender during the probationary period. He must also construct and give him the confidence in the
offender in deciding his own course. The probation officer must stand by him in order to provide him
with appropriate guidance and suggestions and information, which will enable him in cooperating with
the probation officer to carry out rehabilitation programs.
Probation is an alternative sentence, which the offenders selected under the supervision of probation
officers are allowed to serve a criminal sentence within the community. A probation sentence can require
a criminal to pay fines or restitution or seek advice on substance abuse or for problems with his or her
health or family.
Probation control is one of the ways for courts to punish people who are accused of criminal activity.
Infractors undertake to the court to behave properly, to prevent more crimes and to comply with the terms
of the warrant. Normal supervisory requirements include:
50. Being of good conduct;
51. To comply with the orders of the supervisor;
52. Information about any change of address to the supervising officer.
Based on the circumstances of the case, additional conditions can be imposed by the Court. Examples can
contain:
53. Participation in a course of training;
54. Hostel residence; and
55. Participation in a clinic or program.
For at least six months to three years, the Court is entitled to issue a probation order.

Link to the Court

Another major function of the probation officer is to act as a link between the probation and the Court, as
the prime duty of the probationer under his charge is the defence of the interest. The court may require
that the terms of the probation order differ or that the probationary bond be exercised. When he finds that
the progress of the probationer is adequate in adapting to regular life in society.
Pre-sentence report of the probation officer
The trial officer is expected to provide a pre-sentence report with specific details of the prisoner requested
to be released by the Court on probation, as given in Section 7 of the Probation of Offenders Act, 1958.
On the basis of this report, the judge decides and orders the sentence of the defendant to be released upon
probation. The trial officer’s pre-sentence report must include accurate and truthful details about the
offender’s character, temperament, history in family and education, job statistics, general circumstances
and historical precedents. Impartiality and objectivity are the two most important requirements of a pre-
sentence statement to bear witness to the history and behaviour of the offender. Submitting a disciplinary
report on the defendant as ordered by the Court is also one of the main tasks of a probation agent. It
should include all the details of the offender as well as an evaluative summary of the case of the offender.

 The preparation of a pre-sentence report for guidance by a Court, to grant or not the benefit of
probation, is one of the major tasks of a PO entrusted to under Section 14 (a) of the Act. For
Section 14(a) of the Act, the PO shall submit relevant facts, the information in the report as
requested by the Court, following inquiries into the character of a criminal, his social
circumstances, financial and other circumstances of his family.
 The case shall be outlined with a statement of facts. PO’s case review helps the court decide the
right way to deal with the defendant after it’s identified guilty.
 The report shall, if submitted to the Court one day before its judgment, be treated like
‘confidential’ and delivered to the Court on the date specified therein; it shall be included in a
sealed cover.
 ̈ If the PO determines that the probationer has matured enough that further supervision is no
longer required, he will make a request for release of the bond in consultation with the district
probation officer.
Decision making
Whilst deciding on the probationer under his responsibility, the probation officer should remember that
his decisions are of great importance not only for the offender but also for the safety of the community.

Probationer rehability and after care

(1) In order that the probationary officer does not resort to violence, he shall assist with social
rehabilitation. The probation officer will try to secure the probationer for this purpose:
56. Facilities of training,
57. Opportunities for jobs,
58. Any financial support needed, and
59. Contacts and groups such as Boy Scouts and Girl Guides, youth programs and civic initiatives for
regular citizens and co-organizations.
In order to monitor progress in rehabilitating discharged probationers during such periods as may be
prescribed by the Chief Probation Superintendent and to submit a follow-up report to the district
probation officer and the Chief Probation Superintendent, the Probation officer will continue to keep
contact with discharged probationers. Where appropriate, aftercare schemes and organisations such as
Nav Jeevan Mandals, District Probation and After Care Association shall be participating in the Probation
Officer.

Appointment of Probation Officer

Section 13 of the Probation of Offenders Act states about the appointment of Probation Officer:
60. A person appointed by or recognized as a probation officer by the Government of the State.
 61. A person to whom a company recognized on behalf of the State Government has made provision
for this reason.
62. Any other person who, according to a court, is fit to act, under the particular circumstances of the
case, as a probation officer in an exceptional case.

Role of Probation Officer

Probation is the most important or effective method of treatment. The probation officer can not function
as a supervisor without the cooperation of the police. It is significant for the role of the police. Two
organizations of the State are the trial officer and the police and the goals are largely identical. The entire
outdoor rehab scheme will fail because the priorities and aims are different, as it is obvious that police
will show a desire to support probation officers.
The police have also played a key role in the rehabilitation and socialization of the institutions’ young
criminals. It is believed that the public does not accept him when an individual is released from a
domestic institution. Society would tolerate him: otherwise, he will engage again in anti-social activities
and repetitive crimes. In this respect, it is the duty of the police officer to restore such persons to society
and also to ensure that other agencies such as panchayat etc. are aware of their duty to help him to
socialise and carry out his ordinary social work. In this situation, the probation officers must perform the
same form of tasks, support the offender to recover and adjust the offenders to other members of society.

Conclusion
The Probation of Offenders Act, 1958 is very helpful especially in the present context of prison reform, of
a prison sentence that no longer recognizes the jail sentence as the only course of care to ensure the safety
of society, is of considerable significance to the judiciary and probation services. The alternative
punishment measure, i.e. probation and the theory of reform penalty, can be achieved only by the
cooperation of the judiciary and the administration. This will benefit a country like India, with prisons
that are always overcrowded, with regular abuses of human rights that harden a person’s internality.
Probation is a validation of the human being inside every being, and priority should be granted. In the
sense of current social structures, the rehabilitation and recovery process must be structured to accomplish
the ultimate objective of returning these offenders to an orderly community. For all suitable cases, where
the concept of restorative justice has to be enforced, it is crucial that the various criminal justice systems
organizations work together to make probation an effective method of noncustodial care.

An apparent set of principles focused on reformation and rehabilitation has dominated academic and
political discourse concerning the drafting of laws related to juvenile justice and children in conflict with
the law. The Juvenile Justice Act of 1986 and its subsequent amendments can be considered in many
ways a landmark in signifying changes in the thought process of lawmakers. At the turn of the 21st
century, a need was felt to update the laws bearing in mind prescribed standards set by the UN
Convention on the Rights of the Child, 1989. The UN Standard Minimum Rules for Administration of
Juvenile Justice, 1985, as well as the UN Rules for Protection of Juveniles Deprived of their Liberty,
1990. The legislative exercise subsequently culminated into the Juvenile Justice (Care and Protection of
Children) Act, 2000, along with the Juvenile Justice (Care and Protection of Children) Model Rules of
2000, are replaced by the Juvenile Justice (Care and Protection of Children) Model Rules of 2007. In the
wake of the 2012 Delhi gangrape and murder case, one of the accused, who was a juvenile, was sentenced
to three years in a reformation home as per the provisions of the juvenile justice Act, 2000. In light of the
Supreme Court judgement upholding the constitutional validity of the Act, in December 2015, the Delhi
High Court held itself to be bound by the provisions and refused to extend the sentence of the accused.
This led to a widespread feeling of a failure of justice, with the masses protesting in unity with the
victim’s family. Drawing much flak from various sections to correct the supposed gap in the previous act,
the government delivered the juvenile justice (Care and Protection of Children) Bill, 2014, which was
surpassed by the Parliament in its present shape on 22nd December 2015. It acquired the President’s
assent on 31st December 2015, and came into impact on 15th January 2016, as the juvenile justice (Care
and Protection of Children) Act, 2015.
In order to achieve the objectives of the United Nations Convention on the Rights of the Child as ratified
by India on 11 December 1992, the Juvenile Justice Act has been promulgated. The procedural guarantees
applicable to children in conflict with the law are specified in this law. The current law addresses the
problems of the existing law, such as delays in adoption processes, the high number of pending cases, the
accountability of institutions, and so on.
The law also addresses the growing number of crimes committed by children aged 16 to 18 in recent
years and by children in conflict with the law. Since January 15, 2016, the Juvenile Justice (Care and
Protection of Children) Act, 2015 has come into force. It repeals the Juvenile Justice (Care and Protection
of Children) Act, 2000.
If a child is found guilty of committing a crime, then the Juvenile justice board takes several measures
regarding the minor’s reformation and they are as follows:

 Allow the child to return home after proper advice and caution regarding the crime that the child
has committed and what is the punishment of that crime as per the provisions of law.
 Juvenile justice boards sometimes also instruct the children to engage in social work and social
welfare so that this engagement can help in imparting good social values in the accused child.
 It also makes children busy in group counselling and group activities as much as possible so that
the child can learn the value of working together and can learn how to cooperate with each other
in a society.
 If the child has committed a grave crime then, in that case, the child can be sent to the reform
house for a minimum of 3 years or it can be exceeded if required.
 Sometimes the Juvenile justice board releases the convicted child on trial if the child is seen to
exhibit good conduct towards the society or an individual.
To know more about introduction and overview of the Juvenile Justice Care and Protection Act,
2015, please watch the video below:

The Historical Evolution of Juvenile Justice Act in India

The United Nations Minimum Rules for Administration of Juvenile Justice of 1985 ratified by the United
Nations Member States in Beijing in 1985, also known as the Beijing Rules, set out the rules, general
principles and rules governing investigation and prosecution, adjudication, delivery, non-institutional
treatment and institutional treatment. Two essential concepts are explained in these principles. They are-
 63. Diversion– If children are treated in the criminal justice system, stigmatizing criminality
increases the authority of the child, whose authority has been established from Rule 11 of the
Criminal Code. Therefore, these principles aim at minimizing the contact of minors with the
criminal justice system. To divert the child from the system, the second part of the rule
legitimizes police officers, prosecutors and other authorities. This is why juvenile court judges do
not wear the black coat and other judicial officials also try not to be as formal and put the child or
minor at ease.
64. Detention– A deliberate sentence imposed on minors but imposed for the shortest possible period
and called “detention as a last resort”.

Juvenile Justice is construed

A juvenile felon is an adolescent who has been convicted or has been found condemned for an offence
that is punishable by law. Such a juvenile is known as Child in Conflict with Law (CCL) according to
juvenile justice (Care and Protection of Children) Act, 2015. This meaning of ‘Juvenile’ is obscure and
bears no solid importance and requires more further discussion. Further, the act done by a child under
seven years old is found in strife with the law and not treated as an offence and isn’t culpable under any
act and such a child is certifiably not a criminal according to Section 82 of Indian Penal Code. Thus, a
child whose age is under seven years old can’t be known as a juvenile and is not convicted of any crime.
The specific juvenile justice Body and its partners need to control the juvenile offences as well as
wrongdoings. An offence is any conduct that is culpable under the separate lawful system and juvenile
misconduct is any conduct done by juveniles which is anomalous to the society and not culpable under
the Indian Penal Code. In the Indian juvenile justice system, no reprobate child(wrongdoing) is
responsible to confront the legitimate procedures for their conduct reformation.

IPC and CrPC effect in Juvenile Justice

IPC and CrPC have a huge effect in dealing with the crime of minors in Juvenile Justice. We have seen in
the above arguments how sections of Juvenile Justice Act, 2015 explain about the whole constitution of
Juvenile justice board and explain in detail about the requirement needed to be a member of Juvenile
justice board and in what circumstances they can be terminated. But, IPC and CrPC also play a major
role in deciding the cases of a juvenile by proper implementation of sections of Criminal law.
The Indian Penal Code (IPC), 1860 demarcates the punishment of a child, on the basis of age. According
to Section 82 of IPC, “Nothing is an offence which is done by a child under seven years of age.” And,
Section 83 of IPC clearly states that “Nothing is an offence which is done by a child who is above seven
years of age and under the age of 12 who has not attained sufficient maturity to understand the
consequences of their actions. These both sections of IPC give a better view of the Juvenile justice board.
In the context of CrPC, the code of criminal procedure talks about the jurisdiction of juveniles through the
help of Section 27. According to Section 27 of CrPC, any offence committed by a person who is below
the age of 16 whose punishment does not include death or imprisonment will be dealt with the law which
provides treatment, training, imparting good social values and rehabilitation of convicted minors.
Another Section of CrPC which is most essential for Juveniles so that the juveniles can be benefited from
it is Section 437 of The Code of Criminal Procedure. According to this section, any child who is
convicted of any crime can request or demand anticipatory bail which is maintainable in the High Court
as well as the Court of Session.
However, since there are very few cases of anticipatory bail for minors, The Juvenile Justice Board finds
it difficult to deliver judgments and thus making the system of anticipatory bails in case of minors, more
time consuming than in the case of adults.

Juvenile Justice System Comparison on Global level

Juvenile Justice is a concept which is prevalent in India as well as other Countries where the Juvenile
Justice is on the rise. As above, the UN General Assembly adopted a Convention on the Rights of the
Child and made the member state adhere to it and follow the rules and principles which were laid down in
that convention for the security and protection of child rights and development of a child.

 The juvenile justice system in the US is a flexible, effective and most active system among all
the countries. In India children who commit crime are put under trial and put in
rehabilitation to reform the child and change his behaviour and teach the value of
togetherness and other social values. But, in the US the juvenile is also treated as an adult if
the age of juvenile is nearer to be adult or in the circumstances where the juvenile is a
repeated offender.
 The juvenile justice system in the UK came in the year of 1908 in England and juvenile
courts were set up in order to protect the rights of the children and care of the children. In
the UK the Juvenile court also focuses on the negative element which is present in the
society which affects the children to inhabit negative elements and commit crime towards
the society as well as an individual. And to make this Juvenile justice more effective in the
UK they came up with two acts i.e. Children and Young Offenders Act,1993 and Criminal
Justice Act, 1948.
The Children and Young Offenders Act, 1993 act provides immense powers to the juvenile court in the
UK. Any child who commits offence will be put into trial in Juvenile court and not in any other court.
Whereas, the Criminal Justice Act, 1948 deals with the rights of the minor offenders or juvenile
offenders. The main motive of this act was to provide security to the juveniles and also protect the rights
of juveniles.

Juvenile Justice Act, 1986

Following the adoption of the United Nations Minimum Rules for Administration of Juvenile Justice of
1985, the term “minor” used in international law was coined for the first time. With the adoption of the
Juvenile Justice Act of 1986, this change in terminology had a considerable effect on domestic law.
Before 1979, while Lakshadweep, Arunachal Pradesh, Tripura, Chandigarh and Sikkim had the
Children’s Act but they did not apply it. In the case of Assam and Himachal Pradesh, although the laws
have been enforced, no institution has been created to deal with the same thing and Nagaland does not
even have a separate law for children. The Children’s Acts have been applied in 236 of the 334 districts in
the case of other Indian states. In the mid-1980s, out of 444 districts, the number of children’s laws was
increased to four hundred and forty-two.
As from October 2, 1987, the Juvenile Justice Act 1986 was applied by notification in all areas where it
was extended. The need is for uniform laws over time for juvenile justice throughout the country and for
the need to implement uniform laws that are fulfilled by the Juvenile Justice Act of 1986. In addition,
there are States with no law in the area of justice of the sixteen, as well as uniformity at the national level.
The Juvenile Justice Act, 1987 is nothing more than a full copy of the Children’s Act, 1960 which makes
only minor and valueless changes here and there; some of them are as described below:
 65. A significant symbolic semantic change in the preamble, the words maintenance, social
assistance, training and education, has been replaced by the words training and development.
Similarly, the minor term has been replaced by the word child. The most benevolent and
appropriate judgment of judgment on certain issues related to the trial rules and regulations.
66. Section 2 of the Juvenile Justice Act of 1986 contains new definitions of a suitable person, a
suitable institution and a safe place. A minor who was or was likely to be abused or exploited for
illegal or immoral purposes or for an unjustified gain also included in the definition of a
neglected child had been expanded to include.
67. Section 10 of Juvenile Justice Act of 1986, does not change the current status of Section 11 of
Juvenile Justice Act of 1986, which provides for the temporary reception of juveniles of all
varieties in the juvenile justice system. the houses of observation, of their antecedents.
68. Sections 52, 53 and 54 of Juvenile Justice Act of 1986 also provided for the establishment of
social welfare and juvenile rehabilitation funds, the establishment of advisory councils and the
appointment of visitors to juvenile institutions.

Juvenile Justice Act of 2000

The Indian legislator made a sincere effort in adopting the 2000 Act to inculcate the principles set out in
the UN Conventions, such as the CRC, the Beijing Rules and the 1990 Rules. minors were promulgated
to deal with offences committed by minors in a manner supposed to be different from the law applicable
to adults according to the Supreme Court of India. The rehabilitation of the minor is the main concern of
the Juvenile Justice Act, 2000 and not the adversarial procedure to which the courts are generally
accustomed. A complete change in the mentality of those with the power to do so is necessary for its
implementation, without which it will be almost impossible to achieve its goals.

Applicability of the Act

The Supreme Court held that, to the extent that the appellant was concerned about the applicability of the
Juvenile Justice Act 2000 in the case of Jameel v. the State of Maharashtra[1]. Since the offence of
unethical intercourse was committed in 1989, the Juvenile Justice Act 2000 was not enforced and it is not
disputed that the appellant at the time of the accident had 16 years old.
A boy under the age of 16 or a girl under the age of 18 is considered a minor within the meaning of the
Juvenile Justice Act 1986. Since the implementation of the Juvenile Justice Act 2000, the accused was
over the age of 18, arguing that the Juvenile Justice Act 2000 would apply since the accused did not have
attained the age of 18 on the date of the event, is not defensible. Notably, the Juvenile Justice Act 2000 is
categorically unenforceable because the accused was 16 years old.

Non-applicability of any other Act for the time being in force

The Supreme Court ruled that regardless of the nature of the offence committed, juvenile justice law
should prevail in juvenile cases in Raj Singh v. State of Haryana[2]. When the juvenile plea can be raised,
at any time, even after the person has been convicted by the court of the first instance, the plea of a minor
can be raised.

Juvenile Justice Board

Section 4 of the Juvenile Justice Act of 2000 deals with the establishment and constitution of the council
and also empowers the state government to establish a juvenile justice board for a district or group of
districts. A child who has committed an offence may be brought before a member of the board if the
board is not chaired in accordance with Section 5(2). Section 6(1) conferred on the Commission exclusive
powers under the 2000 Juvenile Law in Conflict with the Law Act to hear all court proceedings.
Juveniles in conflict with the law
Observation points must be set up in each district or group of districts for the temporary reception of these
minors for the duration of the survey. Special shelters must be set up to receive and rehabilitate these
minors, which implies that orders have already been issued by a juvenile justice council in such cases in
each district or group of districts. Given the physical/mental health and the nature of the offence, the
minor must be classified according to his age.

Process
No juvenile may be housed in a police jail or in prison for any reason. Under Section 32, the Committee,
any police officer or special juvenile police unit or designated police officer shall conduct an investigation
in the manner prescribed upon receipt of a report and order send the child to the children’s home so that a
quick inquiry can be conducted. the worker or child protection officer may be approved by the
Committee, alone or on the report of a person or body referred to in subsection 32(1).
The investigation must be completed within four months of receipt of the order or within the shorter time
limit set by the Committee under Section 32(1), and the deadline for the submission of the report of
investigation may be extended. that the Committee may, depending on the circumstances and for reasons
stated in writing, determine. If, after completion of the investigation, the Committee is of the opinion that
the child has no apparent family or support, he or she may allow the child to remain in the children’s
home until his/ her rehabilitation is found or until he reaches the age of 18.

Children’s home
The state government, alone or in association with one or more voluntary organizations, may establish
and maintain homes in each district or group of districts, as the case may be, to accommodate children in
need of care and protection. during free time. any investigation and thereafter for their care, treatment,
education, training, development and rehabilitation.
The state government may provide for the management of children’s homes, including the standards and
the nature of the services they must provide, as well as the circumstances under which and the manner in
which the certification of a children’s home or the recognition of a voluntary organization may be granted
or withdrawn under rules made under this Act.

Inspection
Inspection committees may be appointed by the state government for the state, district and city children’s
homes, as the case may be, for the period and for the prescribed purposes. It is prescribed that the
inspection committee of a state, district or city must be composed of the number of representatives of the
state government, the local authority, the committee, an organization volunteer and other medical experts
and social experts. The operation of children’s homes can be monitored and evaluated by central and state
governments during the period and through the persons and institutions designated by that government.

Juvenile Justice Care and Protection Act, 2015

The accompanying Act of Parliament obtained the consent from the President on 31st December 2015
and is thus circulated for general info. This is an Act to combine and amend the law associated to children
which are positively asserted and found in conflict with the law and the child needs to provide care and
security by taking into account their essential needs through legitimate consideration, assurance,
advancement, treatment, social re-mix, by embracing a child cordial approach in the mediation and
removal of issues to the most progressive growth of the child and for their restoration through procedures
given, and organizations and bodies as mentioned in the recent amendment of juvenile justice Act 2015
Section 1(1)(2)(3)(4) it represents that:
69. This Act might be popularly known as the juvenile justice (Care and Protection of Children) Act,
2015.
70. It reaches out to the entire of India aside from the State of Jammu and Kashmir.
71. It will come into power on such date as the Central Government may, by notification in the
Official Gazette, choose.
72. Notwithstanding anything contained in some other law for now in power, the social arrangements
of this Act will apply to all issues concerning child’s needs care and security and youths in strife
with law, including anxiety, confinement, arraignment, appropriate punishment or detainment,
restoration and social re-incorporation of kids in a struggle with law.
The increase in the number of crimes (including rapes) committed by juveniles (aged 16 to 18) was the
main reason to introduce the new legislation. More retributive than reforming, the new law raised several
questions. The new law is considered retributive because it contains provisions for teenagers who commit
a heinous crime (punishable by 7 years or more) must be tried as adults but in the juvenile court. The
child found guilty of the heinous crime is sent to a safe place until the age of 21, after which he is
transferred to prison. The children’s court ensures it. This means that the benefit of a child is not granted
to the minor when found guilty of committing a heinous crime.
Many protesters criticized the new law on minors for being unconstitutional. The Court noted that in Rule
4 of the United Nations Standard Minimum Rules for the Administration of Juvenile Justice, in the case
of Pratap Singh v. the State of Jharkhand [3], one had to give all its importance to the moral and
psychological elements even when responsible for a crime.
According to Professor Ved Kumari [4], if a 16-year-old commits a heinous crime and his is punishable
by 7 years of imprisonment, he must be brought before the Juvenile Justice Council, which decides on the
physical and mental capacity of the child; if the minor committed such an offence has the ability to
understand the consequences of the offence and under what circumstances the offence was committed.
This work of the Juvenile Justice Commission is difficult and there is a good chance of uncertainty.
Many activists have raised another problem, namely that the 2015 law violates the spirit of Article 20(1),
which states that a person can not be sentenced to a harsher sentence than that which would have been
applied to him or her. by the law of the country. Under the new law, if a sentenced minor reaches the age
of 21 but has not completed his entire sentence, he can be sent to prison if deemed appropriate. This new
law undermines the spirit of Article 20(1).
Salient Features of the Juvenile Justice Act, 2015-

 Definition of ‘child in need of care and protection’ expanded– Under the new law, the
definition now also includes a child caught working in violation of labour law, with imminent
risk of marriage before reaching the legal age for the same resides with a person who has
threatened or threatened to hurt, exploit, abuse or neglect the child or to violate any other law, or
whose parents or guardians are unable to care from him.
 Child Welfare Committee is no longer the final authority in cases of children in need of care
and protection– Anyone related to the child may apply to the district judge, who will review and
make appropriate orders as a district judge. the authority of the Child Protection Committee.
  Procedure for inquiry– Unlike children for whom production reports have been received, the
Child Protection Committee must now investigate any child produced before it. Orphaned and
delivered children are also included in the procedure.
 An extensive definition of ‘adoption’ provided– The rights of the child have been recognized
and a detailed definition of adoption has now been provided.

Important definitions under the Act

In the Indian juvenile justice system, the ‘child in Conflict with Law’ is utilized in place of juveniles. In
this way, the Child in Conflict with Law is smarter to be utilized as opposed to utilizing juveniles. The
ideas conceived by the term’s ‘juveniles’ ‘child’ and ‘child in Conflict with Law’ have contrasts and
similitudes. In this way, complete deserting the term ‘juvenile’ is unimaginable.
Below tables shows the similarities and contrasts of the three terms:

Similarities Contrasts
 A child born
after birth
referred to as a
teen.
1 Child younger than 18 years.  A child may be
in Conflict in
Law in needs
of care and
security.
 A juvenile has
a lower age
limit as per
section 82 of
Indian Penal
Code, he must
be over 7 years
2 Juvenile younger than 18 years.
of age.
 A child who
faces legitimate
procedures in
the claim of an
offence or
wrongdoing.
 A child who
faces legal
Child in conflict with
3 younger than 18 years. proceedings in
the law.
the allegation
for an offence.
Important Definitions
Section 2(13) of the juvenile justice act 2015 signifies a child who is in conflict with the law and asserted
or found to have convicted an offence and not finished the 18 years of age on the date of the delegation of
such an offence.
Section 2(35) characterizes the significance of a juvenile as “juveniles” and a child underneath the age of
18 years.
Juvenile Justice (Care and Protection of Children) Rules, 2016 are the primary rules. The constitution of
India and UN Standard Minimum Rules for the Administration of juvenile justice, 1985 also known as the
Beijing Rules are guiding fountains. United Nations Convention on the Rights of the Child, 1989 known
as UNCRC is the source of all protection issues for children.

Rule 2.2 of the Beijing Rules mentioned

 A juvenile is a child or young person who, under the governing legal systems, may be dealt with
an offence in a manner that is different from an adult.
 An offence is any behaviour (act or omission) that is punishable by law under the respective legal
systems.
 A juvenile offender is a child or young person who is alleged to have committed or who has been
found to have committed an offence.
Recent amendments in the Juvenile Justice Act Bill 2015 passed by the Lok Sabha
These are 14 notable changes mentioned below:
73. Depending upon the severity of crime like a crime committed atrociously and brutally, the
juveniles between the ages of 16 to 18 years have the trial and the legal proceedings in adult
courts.
74. Any child that is convicted of any crime will currently be sent for a preliminary evaluation for a
time of a quarter of a year (3 months), earlier it is one month now extended to three months.
75. Another clause on fair trial is included, under which the evaluation or assessment period will
investigate the special needs of the child, under the child-friendly atmosphere.
76. The child will not go through any form of disqualification or elimination in education or jobs due
to being guilty of any crime under the Act.
77. The guilty records shall be ruined after the completion period of appeal, except in the case of
atrocious crimes.
78. The time period to rethink the decision of adoption is changed from one to three months.
79. The aftercare of a child shall be unrestricted to one month in institutional care.
80. Receive financial aid more than one time after evacuating institutional care.
81. Priority for disabled children in interstate adoption.
82. Increase in the time period for left alone children kept under observation in child care facilities
from 30 days to 60 days.
83. In the case of an inevitable situation, it will not be considered purposely or willfully giving up the
child by biological parents.
84. Consultation and advice from experienced psychologists and medical specialists if an order
passed against the child.
85. Training of special juvenile units in the police force.
86. NCPCR and SCPCR will be the nodal specialists to be liable for observing implementation, the
exposure of the amended act, and to investigate cases that emerge out of the act.
Recommendations of the Justice Verma Committee Report, 2013
The Justice Verma Committee was framed in 2013 to audit criminal laws and to make proposals
considering the 16th December 2012 Delhi Gangrape case. The Committee got a scope of
recommendations, including the proposal that the time of juvenile blamed for egregious wrongdoing must
be characterized as one underneath 16 years old and the individuals who are 16 years or more should be
treated as an adult in a courtroom and must not be presented with the Juvenile Justice Act 2000. On this
particular issue, the board of trustees held a wide scope of consultations with the attorneys, women rights
activists, child experts, psychologists and child rights activists. The report of the board of trustees
mentioned that if a small child is old enough at 16 years, he committed a crime and was sentenced for a
long term, at the time when he completes his term in jail he will turn to 30 years and this also points out
the terrible condition of rehabilitation programs in Indian jails.

General principles of care and protection of children

General standards to be followed in the organization of Act- The Central Government, the State
Governments, the Board, and different offices, by and large, while executing the provisions of this Act
will be guided by the accompanying basic principles, specifically:
Section 3 of the Juvenile Justice Act 2015 states the principles of care and protection of children:
87. Principle of the Best Interest of the Child- “Best interest of the child” signifies the reason for any
choice taken with respect to the child, to guarantee satisfaction of his fundamental rights and
needs, character, social prosperity and physical, enthusiastic and scholarly improvement.
88. The Principle of Presumption of Innocence- It will be regarded all through the procedure of
justice and protection, from the underlying contact to elective consideration, including aftercare.
Any unlawful behaviour of a child which is done for endurance, or is because of environmental or
situational factors or is done under the control of adults, or peer groups.
89. Principle of Right to maintain privacy and Confidentiality- Each child has an option to the right
of his protection and privacy by all methods and all through the legal procedure. No report of the
juvenile will be distributed that may prompt the recognition of the juvenile but to the situations
where the exposure of their distinguishing proof identity would cause protection of them.
90. Principle of equality and non-discrimination- That there shall be no discrimination against a child
on any grounds including sex, caste, ethnicity, place of birth, disability and equality of access,
opportunity and treatment shall be provided to every child. Every single suitable measure should
be taken to ensure that the child is secured against all types of discrimination or punishment
based on the status, activities, expressed opinions or convictions of the child’s parents, lawful
guardians, or family members.
91. Principle of Participation- The child should be provided with an opportunity to being involved
and the child who is capable of forming his or her own views has the right to express those views
freely in all matters which is affecting the child’s growth and development, the views of the child
is given due importance in accordance with the age and maturity of the child.
92. Principle of institutionalization- It is a measure of last resort, in certain circumstances the family
is not capable of taking care of the well being of the child and when the child has no family to be
cared for and there is no one to look after the child, the government must make alternative
provisions.
93. Principle of Diversion- Diversion presents a few preferences when contrasted with the
conventional criminal justice framework which can be excessively unbending, awkward, slow
and inert to the necessities of children who are often first-time or non-genuine offenders. Police
 are the first point of contact between the juvenile and the juvenile justice Board or the court and
as such the police think that it is not essential to proceed for the juvenile to the judicial bodies on
the consideration that the rights of the child, protection of the society and the rights of the
victims, they may divert the juvenile from the formal court processes based on the acts and rules.
94. Principles of Natural Justice- Every child should be treated fairly and equally, regardless of his or
her race, ethnicity, colour, gender, language, religion, political or another opinion, national, ethnic
or social origin, property, disability, and birth or another status. In certain cases, special services
and protection will need to be instituted to ensure children’s rights are met equally.
95. Principle of Family Responsibility- Guardians or parents of a juvenile must be associated with the
groundwork for the inquiry and trial and be available when it happens. They ought to be educated
by police, investigators or judges that a conventional request will happen and that they are
welcome to join in.
96. Principle of Dignity and worth- The treatment of the child will be predictable with the child’s
feeling of pride and worth. Every single person is brought into the world free and equivalent in
poise and rights. They are invested with reason and conscience and should act towards each other
in a soul of fellowship (Article I of UN Declaration Human Rights). All children will be managed
with respect due to their inherent dignity and human beings.
97. Principle of Safety- The state has a greater responsibility for ensuring the safety of every child in
its care and protection, without resorting to restrictive measures and processes in the name of care
and protection.
98. Principle of Positive Measures- The main theme of the principle is the promotion of the wellbeing
of the juveniles. The characters and behaviours of the juveniles shall be corrected and reformed
by following positive measures.
99. Principle of non-stigmatizing Semantics- The principle of non-stigmatizing semantics proposes
not to utilize words that are utilized in ordinary criminal procedures, choices, and activities that
may stigmatize the juveniles. The rule command to maintain a strategic distance from the
utilization of antagonistic or accusatory words, for example, capture, remand, blame, charge
sheet, preliminary, indictment, warrant, summons, conviction, detainee, reprobate, ignored,
custody or prison.
100. Principle of non-waiver of Rights- The Constitution of India carefully precludes the
waiver of rights. The equivalent is epitomized in the juvenile justice system in India. The legal
rights enforced by the Juvenile Justice Act should not be postponed under any circumstances by
any juvenile, competent authority and stakeholder working under the juvenile justice system.
Also, further, the non-exercise of fundamental rights doesn’t add up to the waiver of the
equivalent.
101. Principle of Repatriation and Restoration- States that it shall be ensured that a child shall
not be separated from his or her parents against their will. However, the Board or the Court
considers the separation is necessary for the best interests of the child in accordance with the law
and procedures, such determination may be necessary in a particular case such as one involving
abuse or neglect of the child by the parents, or one where the parents are living separately and a
decision must be made as to the child’s place of residence.
102. Principle of Fresh Start- The principle of fresh start promotes a new beginning for the
juvenile in conflict with the law. This rule also instructs to destroy all past records of the juvenile
within a stipulated period. They are ensured to erase all their past records.
What are two categories of Children who are protected under the
Juvenile Justice
Children in conflict with the law
The new law reinforces the approach of the juvenile justice system to children in conflict with the law as
well as children in need of care and protection. The Juvenile Justice Act of 2015 redefined the “minor” in
conflict with the law into a “child” in conflict with the law. Offences were classified as small/serious/
obnoxious. In the case of heinous crimes, children between the ages of 16 and 18 can be tried as adults
after a preliminary assessment by the juvenile justice commission.
During the investigation, a child in conflict with the law will be temporarily sent to an observation house.
Depending on age, sex, physical and mental state and the nature of the offence, the child will be isolated.
A child will be placed in a special home if convicted of an offence by the Juvenile Justice Commission.
For children over the age of 18 or children aged 16 to 18 charged or convicted of committing a heinous
crime, a security site will be established. for the children in the process of trial and the children who are
convicted; the place of safety will have a separate layout and facilities. The juvenile justice commission
will carry out a regular inspection of adult prisons to check whether a child is accommodated there and
take immediate measures to transfer the child to the home of observation [Section 8(3)].
Within three months, the Juvenile Justice Council will make a preliminary assessment before referring the
case to the juvenile court. The law stipulates that the final order must include an individual plan for the
rehabilitation of the child, including a follow-up by the probation officer, the District Child Protection
Unit or a worker. when the child is considered an adult by the juvenile court.
The juvenile court ensures that the child is kept in a safe place until the age of twenty-one.
The juvenile court must determine whether it should be transferred to prison or whether it has undergone
reform changes and that it could be saved by incarceration once it reaches the age of death and the
sentence is still pending. The law provides for a complete embargo on capital punishment or life
imprisonment without the possibility of release for child offenders who are treated as adults by juvenile
justice. The juvenile court decides whether the child should be released or sent to prison after reaching the
age of 21.

Children in need of care and protection

Within 24 hours, a child in need of care and protection must be brought before the Child Protection
Committee. The law provides for the compulsory declaration of a child separated from his guardian. Non-
reporting was treated as a punishable offence. The child in need of care and protection is sent to the
appropriate child protection institution and directed by the child protection committee under the direction
of a social worker. Within 15 days, the social worker or child protection officer must conduct the social
inquiry. At least 20 days a month. The child protection committees meet and the district magistrate
conducts a quarterly review of the functioning of the child protection committee.
For care, treatment, education, training, development and rehabilitation, a child in need of care and
protection will be placed in a children’s home. Shelters open for children who need community support in
the short term to protect them from abuse or keep them away from street life under the law. The Child
Protection Committee could recognize an institution that is able to temporarily assume a child’s
responsibility. The rehabilitation of orphans, abandoned or delivered children is taken care of by the
Agency specialized in adoption.
What is the Institutional Care provided for the juveniles?
Rule 3 of the Juvenile Justice (Care and Protection of Children) Rules of 2007 states that “the
institutionalization of a juvenile must be a measure of last resort after a reasonable inquiry and this also
for the minimum possible duration”.
This replaced the twelfth fundamental principle of the juvenile justice system. Institutional care measures
are as follows:

Observation Homes
Section 8 of the Juvenile Justice Act of 2000 provides that the state government may establish and operate
observation houses in each district or group of districts. A minor is temporarily received in these homes.
For the duration of any investigation into them under the Juvenile Justice (Care and Protection of
Children) Act 2000, minors are detained in observation houses. Minors are kept for a few weeks in the
observation houses for the social study of minors.
The minor’s story is prepared by the probation officer during his brief stay at the observer’s home. The
competent authority then decides, depending on the case, to keep them in the institution or to entrust them
to their parents. During the stay in the establishment, medical and psychiatric services were also provided,
as well as basic equipment such as food, clothing and accommodation for minors. To keep the mind and
body healthy, young people should water the plants, help in the kitchen and clean the premises of the
shelter.

Special Homes
Section 9 of the Juvenile Justice Act of 2000, states the state government may establish and maintain
special homes in each district or group of districts. When the offence committed by a minor is proven and
condemned by the competent authority, it is placed in the special home established by the state
governments. In the special home, minors are treated for a long time or until their age ceases.
The ultimate goal of the rehabilitation of juveniles in the homes under the Juvenile Justice (Protection
and Protection of Children) Act of 2000 has therefore been implemented to ensure that all necessary
efforts are made to change the of juveniles. minors of evil to good. Special shelters for minors pay more
attention to the education and vocational training of minors. Minors receive food, clothing, shelter,
medical and psychiatric services, and counselling.

Children’s Home
Section 34 of the Juvenile Justice Act of 2000 states “The state government may establish and maintain
children’s homes in each district or group of districts.” The children’s home is a home where children in
need of care and protection are placed on the order of a competent authority.
In accordance with the Juvenile Justice (Protection and Protection of Children) Act of 2000 of the
Children’s Home, children are provided with all the services necessary for overall development up to a
fairly high age, that is, until ‘at 18 years old. Services include the provision of food, clothing, shelter,
medical and psychiatric treatment, including counselling and referral. Education and vocational training
are also provided to children.

Shelter Homes
According to Section 37 of the Juvenile Justice Act of 2000, Shelters Homes as for children in need of
urgent support. Shelter homes provide children with space where they can play and engage in creative
activities. Children are engaged in music, dance, theatre, yoga and meditation, computers, indoor and
outdoor games, etc, to spend their time productively. These creative activities are designed to encourage
meaningful participation and interaction among peer groups.
These activities will ensure the overall growth and development of children. The main purpose of these
shelters is to keep them away from socially deviant behaviours, in addition to meeting their basic needs
for food, nutrition and health. Children can safely keep their property and income in the conditions
provided for in these shelters.

What is the Non-Institutional Care provided for the juveniles?

Section 40 in The Juvenile Justice (Care and Protection of Children) Act, 2000 talks about the process of
rehabilitation and social reintegration. The rehabilitation and social reintegration of a child must begin
during his stay in a children’s home or special home monitoring organization.

Foster Care
Foster care is one of the non-institutional measures used for the temporary placement of children in
accordance with Section 42 of the Juvenile Justice Act of 2000. Homeless, abandoned, neglected and
deprived children benefit from a foster family. He replaces parents with others to provide care outside
their own home. The child is placed in foster care when natural parents are faced with problems such as
sentencing, life-threatening illnesses and being abroad. The actual parents pay the corresponding price.
Foster parents are generally interested in childcare. In the foster home, the child receives parental care
and parenting education. Being placed in a foster home helps to avoid the stigma of being in an institution
and adapting to other children. It is considered satisfactory in every way possible. Although foster
families lead to drastic changes in the child’s life and are enough to change their behaviour, the foster
family is solely responsible for the overall development of the children.

Adoption
Restoring family care for children deprived of their real family life Adoption is another non-institutional
measure. Section 2(2) of the Juvenile Justice Act of 2015 defines adoption as the process by which the
adopted child is permanently separated from his biological parents and becomes the legal child of his
adoptive parents with all rights, privileges and responsibilities that are attached to a biological child.
Adoption is done with the mutual consent of the family, who hands over the child and who receives the
child. By adoption, the child receives a new name, a legal status and a permanent family. It also meets the
needs of a childless couple. Adoption gives hope to many orphaned, neglected, abandoned and abused
children by their parents to start a new family. The main purpose of adoption placement is rather a family
for the child than a child for a family.
For the orphan child who is legally free to adopt, it is the most ideal and permanent rehabilitation.
Adoption and foster care are intended to give family life to the child, but the main difference is that foster
care is a temporary placement, even perhaps in the long term, but that adoption ensures permanent care
without involving payment. Foster care can even be adopted.

Sponsorship
Another type of non-institutional measure called the Sponsorship Program provides additional assistance
to families, children’s homes and special homes to meet the medical, nutritional, educational and other
needs of children. Sponsorship is given to improve their quality of life. There are many types of
sponsorship programs for children, such as individual-to-individual sponsorship, group sponsorship or
community sponsorship.
After-care Organisations
The juveniles are taken care of in the organization of the aftercare, which is a transition home, after
leaving the special homes and the children’s home. Minors in conflict with the law and children in need
of care and protection, both categories are placed in aftercare organizations. Monitoring organizations
allow minors to lead an honest and industrious life. Follow-up agencies are committed to the primary goal
of enabling children and youth to adapt to society. In child care agencies, children and adolescents are
motivated to stay in the wider society of their lives in institutional homes.
Monitoring organizations are nothing more than a temporary home set up for a group of young people. In
monitoring organizations, young people are encouraged to learn a trade and also contribute to the
management of the monitoring centre. Any volunteer agency or organization designated as a custodial
organization strives to prepare children, as well as adolescents, to become self-reliant and to acquire the
social and fundamental skills necessary for their full integration into the community.
In the monitoring program, children and adolescents also have access to social, legal and medical
services, as well as appropriate financial support. Continuing education services are regularly offered to
children and youth in the follow-up organization to help them become financially independent and
generate their own income.
The monitoring organization should ensure regular follow-up and support after the reintegration of the
child or minor into the community or society. Members of various government agencies also work
together to reintegrate children or minors into society by enabling them to live psychologically and
economically, as well as by providing ongoing assistance after their integration into society. Institutional
and non-institutional measures have been used not only for the proper care and development of children
but also to address children’s issues adequately as a last resort for the well-being of children and minors.
to be used.

What is the role of the police?

The first contact of a juvenile with the judicial system is mainly by the police because it is the police who
arrest the juvenile and produce it in the juvenile justice court. In rare cases, this has been done by a
private party or a voluntary organization. The Juvenile Justice Act of 2000 clarifies the need to establish a
special juvenile police unit in each district and city.
It also contemplates that at least one police officer be assigned to a police station as a minor or child
protection officer. This is important because it is the police officer who produces the children or the
minor in court and prepares and submits the indictment of the offence committed by the child or minor.

Special Juvenile Police

The special juvenile police often and exclusively deal with juveniles and mainly work to prevent juvenile
delinquency or to deal with juvenile delinquency under the Juvenile Justice Act. Therefore, they are
specially educated and trained to handle children and adolescents. The representative designated as a
minor or child protection officer in each position is trained to possess the appropriate skills, training and
orientation.
At least one designated police officer will be designated in each police station and will take care of the
minor or child in coordination with the police. To improve the treatment of minors and children by the
police, the Special Police for Minors has been designated in each police station.
Pursuant to section 84(1) of the Special Police Regulations for Juveniles, the Juvenile Police Task Force
shall include a Child Protection or Youth Protection Officer with the rank of Inspector of Police. and two
paid social workers, including work experience in the field of child protection. In 1952, in Greater
Mumbai, the Juvenile Police Unit (JAPU) was established primarily to care for destitute and neglected
children. He continues to act as a special force within the police.

What is the role of state government?

Within two months of their appointment, the law provides for the initial training of the members of the
Juvenile Justice Council and the Child Protection Committee (Sections 4 and 27). The Chief Magistrate
or Chief Metropolitan Magistrate review the juvenile justice case once every three months. Its main
purpose is to direct the Council (Section 16). The law also provides for the establishment of a high-level
committee to review cases pending before the Juvenile Justice Council.
Under section 36 of the Juvenile Justice Act, the district magistrate must submit quarterly reports to the
district judge on the length of the proceedings and the nature of the disposition of cases. The District
Magistrate conducts a quarterly review of child protection committees and proposes direct corrective
measures. This is done to solve the problem. A district magistrate’s review report is sent to the state
government, which may result in the formation of additional committees if necessary. Even after three
months. In case processing persists, the existing committee is dissolved and a new committee is formed
by the state government.
Within six months of the entry into force of the Juvenile Justice Act of 2015, state governments must also
register all institutions, whether administered by the government or an NGO and are destined in full. or
partly to housing children. Whether they receive government subsidies or not, institutions are required to
register with the state government. A provisional registration certificate to the institution within one
month from the date of the application should be issued by the state government. A penalty for non-
registration in a child care facility may be up to one year in prison or a fine of at least Rs. 1 lakh.
According to section 49 of the Act, state governments are expected to create at least one place of safety
for the placement of persons over 18 years of age or children aged 16 to 18 years who have committed a
heinous crime. Inspection committees must be appointed at both state and district level and, at least once
every three months, they must inspect all institutions (Section 54).
The central government and the states may carry out an independent evaluation through persons or
institutions determined by the Government of the functioning of the Juvenile Justice Council, the Child
Protection Committee, the Special Section of the juvenile police, approved institutions, facilities and
persons adapted under Section 55.
Under section 65 of the Act, the state government recognizes one or more institutions in each district as
the adoption agency with respect to adoption. The public agency shall provide the Central Authority for
Adoption Resources (CARA) with the details of the specialized adoption agencies, such as name, address
and contact details, as well as copies of the certificate and letter of recognition or renewal. Every adoption
agency inspected at least once a year and takes corrective action by the state government. for a fine up to
Rs. 50,000/- in the event of default by the Specialized Adoption Agency, in addition to the withdrawal of
recognition for repeated default provided for by law.
Under the Juvenile Justice Act, 2015, all registered institutions that may not have been recognized as a
specialized adoption agency must establish formal links with a nearby adoption agency. All orphans or
children returned or abandoned declared legally free for adoption by the registered institution. Any breach
of this provision will result in a fine of Rs. 50,000/- and even non-recognition if a persistent violation of
the provisions is found (Section 66).
Central and national governments are required to sensitize the general public, children, parents and
guardians to the provisions of the law. In addition to other persons concerned or government officials,
they must also undergo periodic training (Section 108).

Juvenile Justice Board

One of the most important and progressive features of the Act of 2000 was the foundation of juvenile
justice Boards. Each board is inquired to decide the age of the child, the question of bail, and the subject
of a commission of the offence, and pass proper orders. The composition of the board incorporates a
principal magistrate and two social workers, in this way guaranteeing not only are legitimate complexities
secured, however, the financial, psycho-social and familial conditions are also considered to be secured.
The social workers engaged with the juvenile justice system are called correctional social workers
globally.
Section 4(1) states that notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of
1974), the State Government will comprise for each region, at least one juvenile justice Board for
practising the forces and releasing its capacities identifying with youngsters in conflict with the law under
this act and other section and acts can be provided in Chapter 3 section 4(1) to (7).
Apparently, children entering before the juvenile justice System are already addicted to face the grave
dangers in their lives, yet their predicament is frequently overlooked. Police misuse is ordinary in certain
purviews. Children grieve in the framework for quite a long time, either as inhabitants of decrepit
detention facilities without access to schooling and education or as the subject of unlimited procedures
that draw them away from training or work, bringing about a financial emergency for the child’s family.
If so, in addition to the fact that we fail the child as a state, yet additionally when they come in conflict
with the law.
The Juvenile Justice Council (JJB) is headed by a senior magistrate. He has exclusive jurisdiction to deal
with juvenile cases. The magistrate of the Commission for Juvenile Justice is a magistrate “who should be
a metropolitan magistrate or a first class magistrate with special knowledge in child psychology and child
protection”. In the juvenile justice commission, two members are social workers, one of whom must be a
woman.
The fundamental requirement of board members is that they have a postgraduate degree in social work,
psychology, child development or any other social science discipline and that they are required to actively
participate in activities related to children’s health, education or well-being for seven years. A selection
committee chaired by a retired High Court judge selects and appoints social workers from the Juvenile
Justice Council. The term of office of the members is 3 years and they can be appointed for a maximum
of 2 consecutive terms.
The Senior Magistrate who is an officer of the court is governed by the conditions of service set out in the
State Judicial Services Regulation and the allowances of the Senior Magistrate who is an officer of the
court are governed by his service regulations. The member of the juvenile justice council may be
dismissed after an investigation by the state government for the following reasons:

 If he has been found guilty of misuse of power under this Act, or

  He/she has been convicted of an offence involving moral turpitude, and this conviction has not
been reversed or he/she has not been totally pardoned for this offence, or
 He fails to attend Board proceedings for three consecutive months without cause or fails to attend
at least three-quarters of the meeting in one year.
A social worker member of the Commission receives a minimum of 500 rupees per meeting. The Juvenile
Justice Council has been granted exclusive jurisdiction over juveniles. The Juvenile Justice Council
decides and adjudicates cases involving minors. “The Juvenile Justice (Care and Protection of Children)
Act of 2000” has a preponderant effect on several acts of the Indian Penal Code.
The Juvenile Justice Council investigates ordinary criminal courts for offences under the Narcotic Drugs,
Psychotropic Substances Act, Weapons Act, SC / ST on the prevention of atrocities allegedly committed
by a minor. This includes Section 18 (prohibition of anticipatory bail) of Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Role of Social Workers and Non-governmental Organisations?

Social worker’s responsibility in the juvenile justice system is to implement the principle with the right
counselling and opportunities to change an individual into a decent resident. Nonetheless, unnecessary
deferrals in procedures, bringing a backlog of cases, an insufficient infrastructure, deferred justice they
deal with them efficiently and promptly. Social workers can move in the direction of the reintegration of
the juvenile inside society. The association with the justice System may cause disgrace and seclusion, and
effect the minor’s future training and work possibilities. Social workers may work with the family,
neighbourhood, and schools, empowering them to acknowledge the child and bolster him in remaking his
life. Officials can urge schools to readmit juveniles and continue their schooling, forestalling drop-out
rates. Admission to open schools may likewise be upheld where the juveniles can proceed with the
guidelines by means of self-teaching and work at the same time to help himself and his family. Social
workers should assist juveniles with securing positions and work with managers to enlist them. They also
work with the family of juveniles and guide them to reshape their child’s future by making him a good
member of society.
Wizner and Keller discussed the juvenile criminal justice system “It has neither given satisfactory
assurance to society from juvenile crimes nor prevailing within rehabilitating young offenders.”
The Juvenile Justice (Care and Protection of Children) Act focuses on the participation of voluntary
social workers and community services for the benefit of minors at different times. This requires the
participation of social and community workers from non-governmental organizations in admission,
decision-making, community placement, institutionalization and rehabilitation of neglected and
delinquent children.
The larger role of volunteer social workers allows the child to stay in touch with society. It also allows the
juvenile justice system to be more transparent. The idea is to consider it with the idea that, without the
cooperation of the community, the goal of social reintegration of delinquent children cannot be achieved.
In the child protection sector, non-governmental organizations (NGOs) play a key role: they must provide
a framework that ensures that every child, even as they enter the system, is treated with care and
compassion. They are also fighting for the rights of the child to be recognized and protected. Social
workers continue to play a crucial role in the treatment of juvenile offenders, although since the 1980s the
welfare approach has been brought to justice.
The Juvenile Justice Council is composed of a metropolitan magistrate or a first class judicial magistrate
and two social workers, as mentioned above. The Model Rules set out the criteria for being a social
worker on the board: “The social worker to be appointed to the board must be a person aged 35 or over
who holds a postgraduate degree in social sciences, work, health, education, psychology, child
development or other social science disciplines and is actively involved in the planning, implementation
and administration of measures related to the protection of childhood for at least seven years. Social
workers who are members of the Juvenile Justice Council should have been actively involved in health,
education or welfare activities for children for at least seven years.
The model rule also mentions the selection process for members and both social workers must be
appointed by the state government on the recommendation of the selection committee. The selection
committee for government and justice representatives consists of two representatives of well-known non-
governmental organizations working in the field of child protection. Social workers who are members of
the Juvenile Justice Commission must assert themselves and not be submerged by the magistrate (the
judicial member) and play an important role in the rehabilitation of the juvenile.
Social assisting members may dismiss the magistrate under Section 5(4) of the Juvenile Justice Act of
2000.
Social assisting members should be familiar with the provisions of the juvenile legislation and the
documents and procedures of each case pending before the Juvenile Justice Council. This is emphasized
for justice to be rendered to the minor. Gain the confidence of the minor, while showing him that even if
his best interests are in his mind, he will be treated with severity, which is the main duty of the social
worker members.
The minor is placed in an institution on the order of the juvenile justice council. It is therefore imperative
that the social workers who are members of the Juvenile Justice Council regularly visit the observation
houses, special houses and other institutions where minors are referred. This is to ensure that the goal of
reform and rehabilitation is achieved.
Although justice is done to minors, the importance of social workers is recognized in the 1986 law. A
panel of two honorary social workers attends the juvenile court. The group of at least one woman is
appointed by the state government with persons with the qualifications required by law.
Instead of simply assisting the magistrate, the 2000 law elevated the social worker to the court that
constitutes the Juvenile Justice Council. Intervention in social work has always been expressed alongside
words such as “honorary”, “voluntary”, “charitable” although playing an important role. Under the
1986 law, not only did “two honorary social workers” assist the juvenile court but under the 2000 law, a
similar pattern continued. The social worker members of the Juvenile Justice Council should receive a
“travel allowance”.
Senior managers employed in the homes and superintendents of child protection institutions are also
social workers who have received academic training. several critical roles played in the lives of minors by
the staff attached to the institutions. Since offenders often report that their families do not care about their
well-being, the role of social workers is important.
The social worker works as a friend so that the child feels comfortable talking freely with him. They
assume the role of counsellor and guide to have the confidence of the child to approach him when needed.
They work as a reformer to make the child understand that what he did was wrong. They also act as
healers to help the child reach his full potential and direct him to his future. It is essential to set up a
children’s referral clinic in an institution, as repeated sessions with minors are essential to change one’s
attitude. In a child welfare centre, it is a child psychologist or psychotherapist who can make a positive
difference in the future of the minor.
Under the Juvenile Justice Act of 2000, NGOs also play a central role in the search for a pending or
investigative juvenile charge as a “person or institution”. The 2000 Act allows voluntary organizations to
establish and maintain observation houses and special houses. In addition, to ensure the minor’s full
rehabilitation services in institutions set up and managed by the state government are provided by
voluntary organizations, such as counselling, education and vocational training, etc.

Limitations
It has been speculated that the institutional set-up required under the Juvenile Justice Act has not been
built up completely and district-level institutions generally lack the infrastructure and staff to adequately
execute it. This hampers the work of the rehabilitative and reformative programs leads to disappointment
in accomplishing goals of restoration and reintegration work. There has been practically nil spotlight in
organizing rehabilitative plans. Also, the role of the staff is not under satisfaction. There is a lack of
coordination between staff and children. This leads to fewer opportunities for children to showcase their
talent and skill and health issues of workers to implement certain roles and duties.

Procedure in relation to children in conflict with the law

A Child in Conflict with Law has a number of rights starting from the pickup up by the police up to the
release from the juvenile justice Institutions.
Section 10 to 26 of juvenile justice Act 2015 defined procedure in relation to children in conflict with law
in which some of them we discussed here:
Section 10- Apprehension of the person alleged to be in conflict with the law.
103. A child may be apprehended on the ground of committing an offence. At the time of
apprehension, they have certain rights mentioned below.
104. They shall not be kept in the police lock-up or jail. Instead, they shall be kept in safe
custody prior to the production before the Board.
105. In every police station, safe custody may be arranged by following the Principle of Child-
Friendly Atmosphere.
Section 10(1) of the juvenile justice Act, 2015 states that “Provided that in no case, a child alleged to be
in conflict with the law shall be placed in a police lockup or lodged in a jail”.
Section 8(3) juvenile justice Rules, 2016 mentions that the police officer apprehending a child alleged to
conflict with the law.
Section 14 Inquiry by Board regarding a child in conflict with the law- this provision describes whether a
child is produced before Board or he may fit in sections 17 and 18 of the act. It also categorizes the types
of offence depending upon how it is committed below.
106. Petty offence– Section 2(45) “petty offences” includes the offences for which the
maximum punishment under the Indian Penal Code (45 of 1860) or any other law for the time
being in force is imprisonment up to three years inquiry is disposed of by the Board through
summary proceedings, according to the procedure endorsed under the Code of Criminal
Procedure 1973.
107. Serious offence– Section 2 (54) “serious offences” includes the offences for which the
punishment under the Indian Penal Code (45 of 1860) or any other law for the time being in
 force, is imprisonment between three to seven years; Enquiry is disposed of by the Board, by
following the strategical procedure, for preliminary trial in summons cases under the Code of
Criminal Procedure 1973.
108. Heinous offence– Section 2(33) includes the offences for which the minimum
punishment under the Indian Penal Code (45 of 1860) or any other law for the time being in force
is imprisonment for seven years or more. Section 15– Preliminary assessment into heinous
offences by Board it deals with inquiry (I) if a child beneath the age of sixteen years as on the
date of commission of an offense will be discarded by the Board under proviso (e);(ii) for a child
over the age of sixteen years as on the date of commission of an offense will be managed in the
way recommended under section 15.
These are all culpable by law. The acts and rules recommend the rights and reformatory methodology of
the juveniles and it has no obvious framework about juvenile crime. Antisocial behavior done by
youngsters which harm society is called juvenile delinquents or misconduct. These misconducts create an
atmosphere that provokes juveniles to commit crimes or violations. The expansion of juvenile misconduct
will enhance juvenile violations. The decline of juvenile crime will lead to a decline in juvenile
violations. The most probable cause of juvenile violations is misconduct.

Right at the time of apprehension

A child may be apprehended on the ground of committing an offence. At the time of apprehension, they
have sure rights. They shall no longer be kept inside the police lock-up or jail. Instead, they shall be kept
inside the secure custody prior to the production before the Board. In every police station, secure custody
can be organized with the aid of following the Principle of Child-Friendly Atmosphere. Section 10 (1) of
Justice Juvenile Act, 2015 states that “Provided that in no case, a child purported to be in a battle with law
shall be located in a police lockup or lodged in a jail”. And Section 8(3) Justice Juvenile Rules, 2016
mentioned that the police officer apprehending a child supposed to be in conflict with law.

Procedure to be followed
 Not send a child to a police officer lock-up and not delay the child being transferred to the Child
Welfare Police Officer from the nearest police station. The police officer may under sub-section
(2) of section 12 of the Act send the person apprehended to an observation home only for such
period till he is produced before the Board i.e. within twenty-four hours of his being apprehended
and appropriate orders are obtained as per rule 9 of these rule.
 Do not handcuff, neither put a chain or fetter around the ankles of a child and do not exert any
coercion or force.
 Inform the child promptly and directly of the charges levelled against him through his parent or
guardian and if a First Information Report (FIR) is registered, copy of the same shall be made
available to the child or copy of the police report shall be given to the parent or guardian.
 Provide appropriate medical assistance, assistance from an interpreter or a special educator, or
any other assistance which the child may require.
 Not compel the child to confess his guilt and he shall be interviewed only at the Special juvenile
Police Unit or at child-friendly premises or at a child-friendly corner in the police station, which
does not give the feel of a police station or of being under custodial interrogation. The parent or
guardian may be present during the interview of the child by the police.
 Not ask the child to sign any statement.
 Inform the District Legal Services Authority for providing free legal aid to the children.
Principle of Right to maintain privacy and Confidentiality- Is applied when a crime is committed
and child under trial in police custody inside the juvenile court
Further, Section 24(2) of the act mentions that the board shall order and direct the Police, or through
children’s court that the relevant records of such conviction shall be destroyed after the expiry of the
period of appeal from the registry or, as the case may be, a reasonable period as may be prescribed.
Provided that in case of a heinous offence where the child is found to be in conflict with law under clause
(i) of section 19, the relevant records of conviction of such child shall be retained by the Children Court.
Next, Section 74, of the act mentions:
109. No report in any newspaper, magazine, news-sheet or audio-visual media or other forms
of communication regarding any inquiry or investigation or judicial procedure, shall disclose the
name, address or school or any other particular, which may lead to the identification of a child in
conflict with law or a child in need of care and protection or a child victim or witness of a crime,
involved in such matter, under any other law for the time being in force, nor shall the picture of
any such child be published. Provided that for reasons to be recorded in writing, the Board or
Committee holding the inquiry may permit such disclosure, if in its opinion such disclosure is in
the best interest of the child.
110. The Police shall not disclose any record of the child for the purpose of character
certificate or otherwise in cases where the case has been closed or disposed of.
111. Any person contravening the provisions of sub-section (1) shall be punishable with
imprisonment for a term which may extend to six months or fine which may extend to two lakh
rupees or both.
Section 99, of the act, proclaims:
112. All reports related to the child and considered by the Committee or Board shall be treated
as confidential: Provided that the committee or the board, as the case may be, may, if it so thinks
fit, communicate the substance thereof to another Committee or Board or to the child or to the
child’s parent or guardian, and may give such committee or the board or the child or parent or
guardian, an opportunity or producing evidence as may be relevant to the matter stated in the
report. (1) Notwithstanding anything contained in this Act, the victim shall not be denied access
to their record, orders and relevant papers.
Section 24(5) POCSO, 2012 stresses for the police to make sure officers that the identity of the child is
covered from the public media unless otherwise directed through the Special Court within the benefit of
the child.

Child welfare committee

Section 27 to 30 of the 2015 act explain the Various aspects of Child Welfare Committee about the Child
Welfare Committee and its Role:
Sec 27 (1): The State Government by notification in the Official Gazette in each district, set up at least
one Child Welfare Committees to practice the powers and to release the obligations bestow on such
Committees by comparing to youngsters needing care and security under this act and assure that training
and sensitization of all individuals from the board of trustees is implemented within two months from the
date of notification.
Composition: Committee consists of one chairperson, four members of state government in which one is
women and others are an expert on children related matters.
Role of the committee
Section 9 and 10 deals with the role of Committees:
Sec (9): The Committee will work as a Bench and will have the forces given by the Code of Criminal
Procedure, 1973 (2 of 1974) on a Metropolitan Magistrate or, by and large, a judicial Magistrate of First
Class.
Sec (10): The District Magistrate will be the complaints redressal expert for the Child Welfare Committee
and anybody associated with the youngster may record an appeal before the District Magistrate, who will
consider and pass suitable requests.

Procedure for the Committee

Section 28 of the Act shows the procedural way:
113. It implies that the Committee will meet at least 20 days in a month and will watch such
guidelines and methodology with respect to the exchange of business at its meetings, as might be
endorsed.
114. A visit to a current child care organization by the Committee, to check its working and
prosperity of the child will be considered as a sitting of the Committee.
115. A child needing care and insurance might be delivered before an individual from the
Committee for being set in a Children’s Home or fit individual when the Committee isn’t in the
meeting.
116. In case of any difference of views among the individuals from the Committee at the hour
of taking any choice, the assessment of the dominant party will win however where there is no
such majority, the assessment of the Chairperson will win.
117. Subject to the arrangements of sub-section (1), the Committee may act, despite the
nonattendance of any individual from the Committee, and no structure made by the Committee
will be invalid by reason just of the nonappearance of any part during any phase of the procedure.
Given that there will be in any event three individuals present at the hour of definite removal of the case

Power of Committee
Section 29 deals with the Power of Committee:
(1) The Committee will have the position to discard cases for the consideration, security, treatment,
improvement, and recovery of youngsters needing care and insurance, just as to accommodate their
essential needs and assurance.
(2) Where a Committee has been comprised for any zone, such Committee will, despite anything
contained in some other law until further notice in power, however spare as in any case explicitly given
right now, the ability to manage all procedures under this Act associated with children needing care and
security.

Functions and Responsibilities of Committee

118. Promoting awareness;
119. Conducting inquiry;
120. Directing the child welfare officers to conduct a social investigation;
121. Inquiry for fit persons taking care and security of children;
122. Handling placement of a child in foster care;
123. Taking care, insurance, proper recovery or reclamation of kids needing care and security,
in light of the child’s individual consideration plan;
 124. Conducting 2 inspection visits per month;
125. Making a move for the restoration of explicitly mishandled youngsters who are accounted
for as kids needing care and assurance to the Committee by Special Juvenile Police Unit or
neighborhood police, all things considered, under the Protection of Children from Sexual
Offenses Act, 2012 (32 of 2012); and
126. Orphan and abandoned children are legally free for adoption.

Procedures to be followed for children who need care

Section 31 deals with production before the committee:
Production before Committee— (1) Any child needing care and security must be produced before the
committee by any of the accompanying people— Any cop or special juvenile police unit or an assigned
child welfare police officer or any official of the district child protection unit or controller designated
under any work law in power. Any community worker, childline services or any deliberate or non-
legislative association or any organization as might be perceived by the State Government. Child Welfare
Officer or post-trial agent, any social specialist or a child protection specialist by the child himself or any
medical attendant specialist or the board of a nursing home, clinic or maternity home.
Given that the juvenile will be created before the Committee with no loss of time yet inside a time of
twenty-four hours barring the time important for the excursion.
(2) The State Government may make rules predictable with this Act, to accommodate the way of
presenting the report to the Committee and the way of sending and entrusting the child to the child’s
home or office or fit the individual, by and large, during the time of the request.

Procedure
A child needing care and security is to be present before the Child Welfare Committee inside 24 hours.
To accommodate youngsters isolated from his/her family. By announcing it has been treated as a culpable
offense. The Child Welfare Committee is to send the kid needing care and security to the suitable Child
Care Institution and direct a Social Worker, Case Worker or the Child Welfare Officer to lead the social
examination within 15 days. The Child Welfare Committees will meet at least 20 days in a month and the
District Magistrate will direct a quarterly survey of the working of the Child Welfare Committee.
A youngster needing care and security will be set in a Children’s Home for care, treatment, guidance,
preparing, advancement, and restoration. The Act accommodates Open Shelters for Children needing
network support on the momentary reason for shielding them from misuse or getting them far from an
actual existence in the city. The Child Welfare Committee could perceive an office to be a fit facility to
incidentally assume the liability of a youngster. The Specialized Adoption Agency is to deal with the
recovery of vagrants, deserted or gave up kids.

Rehabilitation and Social Reintegration

Section 40 to 55 deals with provision rehabilitation and social reintegration:
Sect (40)- Process of rehabilitation and social reintegration—
(1) The reclamation and social integration of a youngster will be the prime target of any Children’s
Home, Specialized Adoption Agency or open safe house.
(2) The Children’s Home, Specialized Adoption Agency or an open safe house, all things considered, will
make such strides as are viewed as vital for the rehabilitation and social re-integration of a youngster
denied of his family condition briefly or for all time where such child is under their consideration and
insurance.
(3) The Committee will have the forces to re-establish any youngster needing care and rehabilitation and
social reintegration to his families, institution or fit individual, all things considered, subsequent to
deciding the reasonableness of the guardians or institutions or fit individual to deal with the child, and
give them appropriate bearings.
Clarification- For the motivations behind this segment, “restoration and safety of a child” means
restoration to signify reclamation to like Parents, adoptive parents, foster parents’ guardian or fit person
or a fit individual.
Section 39: States Parties shall take all appropriate measures to promote physical and psychological
recovery and social reintegration of a child victim of any form of neglect, exploitation, or abuse torture or
any other form of cruel, inhuman or degrading treatment or punishment or armed conflicts. Such recovery
and reintegration shall take place in an environment which fosters the health, self-respect, and dignity of
the child.

Institutional personnel and training

Rule 29 Capacity-building for staff employed in women’s prisons shall enable them to address the special
social reintegration requirements of women prisoners and manage safe and rehabilitative facilities.
Capacity-building measures for women staff shall also include access to senior positions with key
responsibility for the development of policies and strategies relating to the treatment and care of women
prisoners.
The media and the public shall be informed about the reasons that lead to women’s entrapment in the
criminal justice system and the most effective ways to respond to it, in order to enable women’s social
reintegration, taking into account the best interests of their children.

Right to be Reformed
The juveniles who are alleged and found committed an offence shall be reformed by restorative justice,
deserving rehabilitation and social reintegration than punitive and retributive punishments. Awarding
punitive and retributive punishments to the children prevents society from moving on. Children are
presumed innocent and immature to understand the consequences of crimes. Therefore, they must not
take responsibility for criminalization. The traditional objective of criminal justice, retribution and
repression must be given away.
Section 27 CrPC clearly mentions that the law is executed for the “treatment, training and rehabilitation
of youthful offenders” who are juveniles. Whereas juveniles justice Rules 2016 is providing rules that
allow the juveniles may get away from treatment, training, and rehabilitation, etc. These are contradictory
concepts.
Case Law: The reformatory approach to punishment should be the object of criminal law, in order to
promote rehabilitation without offending communal conscience and to secure social justice.

Narotam Singh v. The State of Punjab, AIR 1978 SC 1542; Section 27 CrPC
The jurisdiction in the case of juveniles- Any offence not punishable with death or imprisonment for a life
committed by any person who at the date when appears or is brought before the Court is under the age of
sixteen years, maybe tried by the Court of a Chief Judicial Magistrate, or by any court specially
empowered under the Children Act, 1960(60 of 1960), or any other law for the time being in force
providing for the treatment, training, and rehabilitation of youthful offenders.
The juvenile who is addicted to alcohol or drugs which lead to behavioral change in a person shall be
referred to an Integrated Rehabilitation Centre for Addicts or Similar centers maintained by the State
Government for mentally ill persons for the period required for in-patient treatment of such juveniles.
Section 34 and 35 of Juvenile Justice Rules 2016 defines the manner of health and medical facilities to be
provided.
Efforts shall be made to provide juveniles, at all stages of the proceedings, with necessary assistance such
as lodging, education or vocational training, employment or any other assistance, helpful and practical, in
order to facilitate the rehabilitative process.

Rules relating to adoption

Meaning of Adoption
Section 2(2) of Juvenile Justice Act “adoption” signifies the procedure through which the adopted child is
for all time isolated from his biological guardians and turns into the legitimate child of his adoptive
parents with all the rights, benefits and duties that are joined to a biological child:
HAGUE CHILD ABDUCTION CONVENTION 25TH OCTOBER 1980
special features- protect children-simplify the court proceeding in the interest of justice to the child.
Section 57 to 73 in juvenile act 2015 describes the different procedures of Adoption.

Case Study: L.K. Pandey v. Association of India

It was held by the Supreme Court in public interest litigation – The child has the right to love and
affection. The first condition is to look for a legal guardian within the country for welfare and security of
the child’s considered as of prime importance. Other legal requirements are a Marriage Certificate with
recent photographs of couples, Income records. It had framed the guidelines governing intercountry
adoptions for the benefit of the Government of India. A regulatory body, i.e., the Central Adoption
Resource Agency was recommended and set up by the Government of India in the year 1989.
As indicated by section 56 of the Act vagrant, relinquished or given up child might be embraced,
independent of the connection, religion, nation hindrance by the sets of equipped court.
Section 57 deals with the competency of Prospective adoptive parents must meet the legal adoption
requirements of their country of residence and those of the country whose nationality the child holds.
They ought to be genuinely fit, financially stable, intellectually alert and profoundly energetic to embrace
a child for giving them a decent childhood to him. If there should be a requirement of a couple-consent a
single or separated couple can give the consent for adoption. A single male doesn’t have the right to adopt
a young girl child.
Section 58: The Prospective Adoptive Parents (Indian PAPS) applied an application for adoption to a
Specialized Adoption Agency (SAA). The authority checks proper House Safety Records (HSR)of the
PAPs if finding them legally eligible, it mentioned if a child is legally free for adoption alongside a CSR
(child study report)and MER(medical examination report). On acknowledgement, Specialized Adoption
Agency will give the child in pre-adoption child care with proper documents along with an application
applied in the court for getting the request for adoption, in this way by appropriate guidelines by the
Authority.
Difference between Domestic and Intercountry case: Domestic adoption case is filed u/s 58(3) whereas in
Intercountry it is filed u/s 59(7) or 60 of the Act
To encourage domestic adoption pre-adoption care is given to children. In the case of inter-country
adoption, it is not mentioned. For intercountry adoption, the person or couple becoming the legal or
permanent parent of a child of another country. Inter-country adoption is specifically regulated by the
1993 Hague Convention on the Protection of Children and Cooperation in Respect of Inter-country
Adoption though no such obstruction is in Domestic Adoption in which the person or couple of the same
country as the child belongs.
Follow up activity after request in inter-country adoption- Sec 59(11)The approval from organization, or
Central Authority, or the concerned Government division, by and large, will confirm the progress reports
of the child in the adoptive family and will be liable for making alternate option on account of any
disturbance, by concerning with Authority and concerned Indian diplomatic mission, the way as given in
the appropriation guidelines encircled by the Authority.
Fulfillment of the court- Sec-61 Adoption is for the welfare of the youngster; Due consideration is given
as per age and understanding of a child.No payment or fees have to pay to any PAP and SAA. The
appropriate proceedings will be held in camera and the case will be disposed of by the court within a time
of two months from the date of recording.
The adoption process in the court is definitely not a general court proceeding in that the assembly is not
litigant or arguing it is an application where the strict rule of Criminal.Procedure.Code (Crpc)and
evidence act aren’t applicable. Adjournment must be explained as you need to dispose of the case within
two months and the record of the case ought to be guarded in custody.
An investigation was done by the court the Petition filed must be documented according to requirements
of the Child Adoption Resource Authority rules alongside the testimony of the Secretary of Specialized
Adoption Agency and the Prospective Adoptive Parents. Annexure should be according to CARA rules
nothing less nothing more. The case is filed within ten days of the NOC or Pre-adoption consideration.

Orders
Proposed adopters are permitted to take the child with them and in the application mentioned the details
of the child taken for adoption- The Proposed adopters are proclaimed as the new parents of the said
minor child having rights of parent’s privileges, benefits, and obligations.
Adoptive guardians should take the child out of the ward of the court where all legal proceedings are
going on and take the child to their new home. The Municipal Corporation issued birth certificates to the
minor child referencing the proposed adopters as guardians of the child.

Offences against Children

The Juvenile Justice Act of 2015 is far less behind in controlling the juveniles’ misconduct. By reviewing
the juvenile justice Act 2015, there are sorts of offences.
Section 74 to 89 deals with offences against children.
The juvenile justice Act, 2015 remembers a different section for offenses against youngsters and a few of
the offenses recorded right now so far not enough secured under some other law. These incorporate deal
and obtainment of the child for any reason including unlawful appropriation.
127. Beating in a childcare home;
 128. Giving children inebriating alcohol or opiate sedate or psychotropic substance;
129. Misuse of youngsters by militant or adult groups;
130. Offenses against handicapped kids; and
131. Grabbing and snatching kids.
Draft amendment in Rules
For the powerful execution of these plans, the Draft Rules will specify children’s cordial methodology to
summarize and to keep a record of it. It is recommended that each police headquarters will have a child
cordial room, and a special children’s room will be assigned in each Court complex. Notwithstanding the
Draft Rules, forms have likewise been drafted to institutionalize and improve to execute plans. An
aggregate of 49 Forms has been drafted which is more than twofold the forms in Model Rules, 2007.
Separate individual consideration rules for kids needing care and insurance and those in a struggle with
legal matters have been made, a draft structure for social foundation recording data report has been
created to help the police in recording data about kids. Rules are designed for the regular audit of
youngsters in the age group of 16-18 years for their wellbeing. A few different rules are identified with
the occasional report by a post-trial supervisor, case checking sheet, Comprehensive psycho-social report,
Rehabilitation card, and so on will go far in better understanding and execution of the Act and Rules
surrounded thereunder.

How is the JJ Act in India is different from other countries?

 Table 1
The minimum age for the Juvenile at which he
Country
can be charged with an offence
United States of America the age ranges from six to ten years
United Kingdom the age limit is ten years
South Africa the age is often years
France by offence committed
Canada after the age of twelve years.
Germany at the age of fourteen years.
India (Juvenile Justice Act 2015) Under IPC after the age of seven years.

 Table 2
The age in which Juvenile can be tried as an
Country
adult
United States of America From the age of 13 years
17 years in England, Wales and Northern Ireland,
United Kingdom
16 years in Scotland
The juvenile can be treated as an adult from the
South Africa
age of sixteen years
France The age of being an adult is sixteen
The age of the juvenile who will be treated as an
Canada
adult is fourteen years
Germany At the age of fourteen years.
From the age of sixteen in the case of heinous
India (Juvenile Justice Act 2015)
crimes
  Table 3
Type of offences for which the minor can be
Country
tried
aggravated sexual abuse, murder, assault, robbery,
United States of America
firearms offences, and drug
Murder, rape, causing any explosion likely to
United Kingdom
endanger life or property
South Africa robbery, murder, rape
France Armed robbery, murder, rape and drug offences
Serious bodily harm to any person, murder, and
Canada
aggravated sexual assault
Abuse of persons who are incapable of resistance,
Germany
or sexual abuse, or child abuse leading to death
“Serious offence (punishment 3-7 years e.g.
cheating, counterfeiting) or heinous offence,
India (Juvenile Justice Act 2015)
(punishment more than seven years e.g. murder,
rape, robbery)”

The need for the legislation

The loopholes in the execution of different safeguarding plans for children needing care and assurance
depend on the circumstantial investigation it believes. The broadened gaps due to misuse of laws and
enactment need proper evaluation as we’re not done before. Juveniles security administrations at the
region/city/state level, still to the huge educated child needing care and education are outside the
wellbeing net, inadequate projects and subsidizing which bring Juveniles to be included in poor kids, a
lopsided portion of irrelevant assets, no appropriate spotlight on institutional and non-institutional
administrations, absence of coordination of projects/benefits, no opportune reclamation of kids with
families, absence of qualified experts, absence of parallel linkages with Education, Health, Police,
judiciary, Services for the handicapped, and so forth. Additionally featured explicit holes, for example,
the absence of gauges in the institutional foundation in the workplace of Child Welfare Committees
(CWC) and juvenile justice Boards (JJB), lacking offices for the viable working of Child Welfare
Committee and Juvenile Justice Board, Inadequate under-qualified members in Child Welfare Committee
and Juvenile Justice Boards. They are lacking behind in compelling observing and assessment of the
juvenile justice system, no legitimate offices for home alone kids, abandoned children. Just a couple of
children have profited through Non-Institutional Care choices like Adoption, Foster Care and Sponsorship
and many who are deprived of all support.

Conclusion
According to a 2015–16 economic analysis, it is found that there is a sharp decrease in government school
enrolments in provincial regions from 2007 to 2014. It stressed the need to build these numbers
significantly to accomplish the Universalization of Education. However, considering such proposals,
funds assigned to the Sarva Shiksha Abhiyan was raised by a minimum percent. There exists just a single
welfare scheme identified with child labour scheme for the welfare of working children in needing care
and security and that too saw a certain decline in funding.
It is appropriate to take note of those children needing care and security just as children in conflict with
the law scarcely discover whether there any place in the budget allocation. An expansion in wrongdoings
against juveniles and juveniles makes them much progressively powerless, henceforth the absence of
consideration regarding child security is perturbing. Deficient financing for essential plans will
undoubtedly negatively affect the reformative and rehabilitative methodology received by the acts of
2000 and 2015.
Juvenile Justice (Care and Protection) Act 2015 was passed in light of the failure of Child protection. Yet
at the same time there exists a similar circumstance due to the absence of duty and commitment,
coordination between different partners in Child Protection and due to the absence of experienced and
logical social work experts in the usage of ICPS at state to grass-root level. Child protection should go
under a single organization following with a positive, adequate and proficient hierarchical structure which
should root till the village level.

Introduction
The fundamental object of the Juvenile Justice Act is to ensure that the child is protected from violence,
abuse, and exploitation. This will ensure that if a child commits an offense he is not tried in the same way
as adults. The term “Children in Conflict with the Law” means a person who is below 18 years of age
comes in contact with the justice system as a result of being suspected or accused of commission of an
offense. A child can come in conflict with the law when he commits petty offenses such as vagrancy,
begging, or alcohol use or serious/heinous kinds of offenses such as rape or murder.
Therefore, this article discusses the relevant procedures pertaining to the Children in conflict with the
Law under the Juvenile Justice Act, 2015.

Relevant Definitions
Board: The Juvenile Justice Board was constituted under Section 4 of Juvenile Justice Act, 2015. It is a
competent authority which deals with the matters pertaining to children in conflict with the law and takes
appropriate steps for rehabilitation.
Child Welfare Police Officer: Such an officer is designated in every police station, who is not below the
rank of assistant sub-inspector. He deals exclusively with cases pertaining to juveniles in coordination
with the police authorities and NGOs.
Children’s Court: The courts are established under the Commission of Protection of Child Rights Act
2005 or under the Protection of Children from Sexual offenses Act, 2012. If at all the court is not existing,
the sessions court will have jurisdiction to deal with the matter.
Probation Officer: Such an officer is appointed by the state government as a probation officer under the
Probation of Offenders Act, 1958.
Special Juvenile Police Unit: They are present in each district in order to deal with the victims or
perpetrators of the crime. They are designated as Child welfare Police officers in every Police Station.
Procedure in relation to Children in Conflict with Law
Chapter IV of the Juvenile Justice Act, 2015 talks about the Procedure in Relation to Children in Conflict
in Law.

The apprehension of a child alleged to be in conflict with the law

Section 10 of the Juvenile Justice ( Care and Protection of Children ) Act talks about the apprehension of
a child alleged to be in conflict with the law.
The following is the Stepwise procedure to be followed for the apprehension of the child in a conflict of
law:
132. Firstly, the police will inform the Special Juvenile Police Unit about the same. After this,
the case will be forwarded to Child Welfare Police Officer of the concerned police station and in
order to keep a record of the case, there will be an entry made in the track child portal.
133. Secondly, there will be the filing of DDR in case of Petty offense, an FIR will be filed for
serious crimes or heinous crimes which will depend upon the nature of offense which the alleged
child has committed.
Note: FIR is recorded by the police for cases involving cognizable offenses. The other reports records and
cases involving non-cognizable offenses are recorded in daily diary register (DDR).
134. Thirdly, the child will be sent for a medical examination. This examination shall be
carried out by designated Child Wellbeing and Protection Officer (CWPO) or Special Juvenile
Police Unit (SJPU). Furthermore, the information about the apprehension shall be sent to the
parents and Probation officer to carry out the investigation.
135. Fourthly, the alleged child shall be produced before a Juvenile Justice Board within 24
hours by the designated Child Welfare Police officer. However, if the board is not in session, the
child alleged to be in conflict with the law will be produced before a single member of the Board.
136. Fifthly, after the child has been produced before the relevant authority, for the time being,
the child may be sent to Observation Home/ Place of Safety for temporary shelter or the child
may be bailed out of the board.
137. Sixthly, the designated Child Wellbeing and Protection Officer (CWPO) shall forward
the information to DCPU and SALSA in order to assess whether free legal aid is required for the
Child alleged to be in conflict with the law.
Do’s and Don’ts at the time of apprehension
 The child cannot be kept in lock-up or jail or be kept with an adult accused.
 There must be no delay in the transfer of charge to the Child Welfare Police Officer from the
nearest police station.
 The child cannot be handcuffed or chained.
 The child must be provided with appropriate medical assistance, along with it he must be
provided with assistance from the interpreter if he finds the language difficult to understand or
any other assistance as per child’s requirements.
 Meals must be provided to the child.
 When the child is interviewed in front of a police officer, his parents can be present.
  A child cannot be compelled to confess his guilt. Furthermore, he must be interviewed at the
Special Juvenile Police Unit or at child-friendly premises or child-friendly corner at the police
station.
 A child cannot be compelled to sign any statement.
 The police officials at the time of apprehension must be in plain clothes.
 In case the child is a female, then the female Child Welfare Police officer shall take the female
child for apprehension or for production before the Juvenile Justice Board.
Do’s at the time of Child’s Medical Examination
The child alleged to be with the conflict of law can be subjected to sexual abuse or it may be affected by
HIV/AIDS or any other disease. This is because such children are more vulnerable and at high risk for
physical, emotional, and sexual abuse.
Therefore the following points must be considered at the time of Child’s Medical Examination:

 The designated Child Welfare Police officer shall take the child to the hospital for medical
examination.
 It must be ensured that the child is comfortable during the medical examination.
 When there is a female child, the medical examination shall be conducted by a female doctor
only.
 The procedure of medical examination must be clear to the child to ensure there is no anxiety or
discomfort to the child.
 During the process of medical examination, the child cannot be asked questions regarding the
case of the child in conflict with the law.
 The child cannot be asked any personal question.
Procedure on the production of the child accused who is in conflict with the law (Section 14 and
Section 15 of the Juvenile Justice Act 2015)
138. The child who has been alleged to be in conflict with the law has to be produced before
the Board within the 24 hours of his apprehension.
139. The board shall conduct an inquiry in compliance with the provisions of the act and it
may pass such orders in relation to such a child as it deems fit in accordance with Section 17 and
Section 18 of the Juvenile Justice Act, 2015.
140. In case there is a case of heinous offense, then a preliminary assessment under Section
15 must be disposed of by the Board within a period of 3 months from the date when the child
was produced before the board for the first time.
Role of persons in whose charge the child has been placed
Section 11 of the Juvenile Justice (Child Protection and Care) Act talks about the role of persons in whose
charge the child has been placed.
The provision states that when a person is in charge of the child, he will have the responsibility of the
child as if the said person is the child’s who is responsible for the child’s maintenance.
The necessary condition provided here is that the person will be in charge of the child for the period
stated by the board and notwithstanding the child is claimed by his parents or any other person; except the
board is of the opinion that the parent or any other person is fit to exercise charge over such child.
Bail to a person who is apparently child alleged to be in conflict with the law
Section 12 of the Juvenile Justice (Child Protection and Care) Act talks about the bail to a person who is
apparently a child alleged to be in conflict with the law.
The provision states that the juvenile who has committed a bailable or non-bailable offense can be
released on bail with or without surety. However, the juvenile cannot be released if there are reasonable
grounds that would bring the child in association with any of the known criminals or expose him to any
moral, physical or psychological danger or his release would defeat the ends of justice.
The Hon’ble Supreme Court of India in the Judgement of Om Prakash v. State of Rajasthan observed that
the Juvenile Justice act was incorporated with the laudable object of holding separate trials for children/
juvenile as they are pushed by the force of circumstance and not by choice. However, if the juvenile is
involved in the commission of “heinous nature” like the rape or murder, providing bail to the juvenile
would defeat the purpose of ends of justice as mentioned under Section 12 of the act.

Information to Parents, guardians or probation officer

Section 13 of the Juvenile Justice act talks about the information to parents, guardians, or the probation
officer. The provision states that the designated Chief Welfare Police officer of the police station or the
Special Juvenile Unit to which the child was brought, must inform the parent or guardian of the child
directing them to present before the board where the child was produced.
The probation officer, or if there is no probation officer, a Child Welfare Officer within two weeks must
submit a social investigation report regarding the background of the child and other material information
for assistance to the Board for initiating the inquiry proceedings.
If at all, the child is released on bail, the probation officer or the Child Welfare Officer must be informed
by the Board.

Inquiry by the board

In order to ensure fair and speedy inquiry, the board takes the following steps for inquiry:
141. At the time of initiating the inquiry by the board, the board must be satisfied that the
child who is in conflict with the law is not subjected to any ill-treatment by the police officials or
any other persons, this also includes a lawyer, a probation officer. Moreover, if the board
recognizes that the child has been subjected to ill-treatment, then it will take corrective steps for
the same.
142. Under the relevant provisions of the act, the proceedings against the child who is in the
conflict with the law must take place in the simplest manner. This is done to ensure care for the
child and the child is given a child-friendly atmosphere.
143. The child, when brought before the board, must be given the opportunity of being heard
and adequate participation in the inquiry process.
144. In an inquiry, the cases of “petty offenses” are disposed of by the board through summary
proceedings.
145. In an inquiry, the cases of “serious offenses” are disposed of by the board in accordance
with the Code of Criminal Procedure, 1973 under the procedure for trial in summons cases.
146. In an inquiry, if the case is found be of “ heinous offense”:

o The child who is below 16 years of age as on the date of when the offense was
committed, shall be disposed by the Board under clause (e).
 o The child who is above the age of 16 years as on the date of when the offense was
committed by him, shall be dealt in accordance with the manner stated under Section 15
of the Juvenile Justice (Care and Protection of Children) Act 2015.
o The board reserves a right to pass any orders which necessary deems fit for the child. The
board can send the child to an observation home or a place of safety or a fit facility or can
bail him out if it deems it.
o After the procedure of inquiry, if the Board is satisfied with the circumstances of the
child, it can transfer the child to the Committee if a child is in need of protection and
care.
o The preliminary assessment into heinous offenses: The board does a preliminary
assessment into “heinous offense” committed by the child as per Section 15 of the
Juvenile Justice (Care and Protection of Children) Act.
147. When a heinous offense is alleged to have been committed by the child, who has
completed the 16 years of age, the board shall conduct a preliminary assessment pertaining to the
mental and physical capacity to commit such an offense, his ability to understand the nature and
consequence of the offense he has committed. Moreover, the Board can pass any order under
provisions of sub-section (3) of Section 18 of the Juvenile Justice Act,2015. Furthermore, It is
mandatory for the board to take the assistance of experienced psychologists or psycho-social
workers or any other expert suitable for the job.
148. When the Board is satisfied with the procedure of preliminary assessment it will dispose
of the matter in accordance with the trial in summons case mentioned under the trial of summons
case under Criminal Procedure Code, 1973.
Orders regarding the child
Section 18 of the Juvenile Justice ( Care and Protection of Children) Act, 2015 talks about the orders
regarding the child found to be in conflict with the law.
It states that:
149. If the board is satisfied with the inquiry irrespective of his age he has committed the petty
offense, serious offense, or he is below 16 years of age and commits a heinous offense; then
notwithstanding anything in contravention to any other law, and based on the nature of offense if
there is a specific need of supervision or intervention, and circumstances which are brought under
the social investigation report and about the past conduct of the child, the Board may, it deems it
to be fit:
150. Allow the child to go, if there is compliance with the procedures of inquiry and there is
counseling given to the child or to his parents or guardian.
151. The board can even direct a child to participate in group counseling and activities of a
similar nature.
152. It can also issue an order that the child must perform community service under the
supervision of the organization and institution appointed by the board.
153. The board can order the child or his parents or guardian to pay the fine, provided that if
the child is working the provisions of labor law are not violated.
154. The board can allow the child to be released on probation for his good behavior and can
place him under the care of a parent or guardian or a fit person. The board will execute a bond
with such a person, with or without surety that person will work for a child’s good conduct and
well being for not exceeding 3 years.
 155. The board can direct the child to be released on probation of his good conduct under the
care and supervision of a fit facility which will ensure good behavior and well-being of the child
for a period not exceeding 3 years.
156. The board can even direct the child to be sent to a special home for not exceeding 3 years
in order to provide reformative services such as education, development of skills, counseling,
behavior modification therapy, psychiatric support.
157. In addition to the orders mentioned in (a) to (g); the board can pass orders to:
 Attend school
 Attend vocational training center
 Attend a therapeutic center
 Prohibit a child from visiting a particular place
 order the child to undergo a de-addiction program
158. The board after the preliminary assessment under the Section 15 of the act can pass an
order if at all there is a need of trial of the child as an adult, then the Board will order the transfer
of the child’s case to the Children’s Court which has the requisite jurisdiction for dealing such
type of offenses.
Provisions regarding the Child runaway
Section 26 of the Juvenile Justice Act talks about the provisions regarding the Child runaway in conflict
with the law.
The aforementioned provision states that any police officer can take charge of the child who has run away
from a special home or an observation home or place of safety or any other care of a person or an
institution where the child is placed.
Further, the child must be produced within 24 hours preferably before the board has passed the order or
the nearest board where the child was found.
Then, the Board will ascertain the reasons behind running away from the child and it can pass necessary
orders of sending the child back to the institution or person or any other place that the board thinks is fit
for the child. Along with this, the board must also issue additional directions of special steps to ensure
that the child’s interests are protected.
It is pertinent to note that, no additional proceedings can be instituted against the child.

Conclusion
The procedure for children in conflict with the law is established in order to ensure that the justice system
does not focus more on the punishment, but follows an approach to rehabilitate and reintegrate the child
into the society in order to prosper their future endeavors. The provisions of the impugned procedures
under the act ensures that the children are prosecuted in a children-friendly manner and not treated as
adults. However, if a child commits an offense of heinous nature then he can undergo the same trial as an
adult in order to achieve ends of justice.