DR.

DEIPA SINGH
 OBJECT
Proper care
Protection
Development
Treatment
Social re-integration
 MEANS

By adopting Child friendly approach

Adjudication
Disposal of matters in the best interest of children
Re-habilitation through processes provided
And institutions and bodies established
 Juvenile Justice (care &
protection of children)
Act, 2015

Child in Need of Care and Child Conflict with Law

Protection (CNCP) (CCL)

Child Welfare Committee

Juvenile Justice Board (JJB)
(CWC)

Open shelter Observation Home

Children’s home
Special home
Specialized Adoption Agency
(SAA) Place of Safety

Fit Facility
Fit
Person
“Juvenile”, means a child below the age of 18 years.
“Child in conflict with law” means a child who is alleged or
found to have committed an offence and who has not completed
eighteen years of age on the date of commission of such
offence
“Child in need of care and protection” means a child who is found
without any home or settled place of abode and without any
ostensible means of subsistence; found begging or living on the
street, abused, exploited or neglected and incurable disease etc
“Aftercare” means making provision of support, financial or
otherwise, to persons, who have completed the age of 18 years
but have not completed the age of twenty-one years, and have left
any institutional care to join the mainstream of the society.
 Important Principles
⚫ Principle of presumption of innocence: Any child shall be presumed to be an
innocent of criminal intent up to the age of 18 years
⚫ Principle of best interest: All decisions regarding the child shall be based on the
primary consideration that they are in the best interest of the child.
⚫ Principle of safety: All measures shall be taken to ensure that the child is safe and
is not subjected to any harm, abuse or maltreatment while in contact with the care
and protection system, and thereafter.
⚫ Principle of equality and non-discrimination: There shall be no discrimination
against a child on any grounds including sex, caste, ethnicity, place of birth,
disability.
⚫ Principle of right to privacy and confidentiality: Every child shall have a right
to protection of his privacy and confidentiality, by all means and throughout the
judicial process.
⚫ Principle of fresh start: All past records of any child under the Juvenile Justice
system should be erased except in special circumstances.
⚫ Principles of natural justice
 SOCIAL INVESTIGATION
REPORT
Antecedents
Family background
Other material circumstances
 Observation
Open shelter
home

Specialized
Children’s Home Adoption
Agency (SAA)

Fit Facility Special

& Fit Person Home
 Foster Care

After Care

Adoption

Sponsorshi
p

Cradle Baby
Reception Centre
 OFFICERS INVOLVED
Child welfare officer
Child welfare police officer
Probation officer
Fit person
Special Juvenile Police Unit
 BAIL
Bail is a right
It can be denied on limited grounds after recording reasons
Association with known criminal
Expose him to moral, physical danger etc
Release would defeat end of justice
CHILD IN CONFLICT WITH LAW (CICL)
⚫ Defined u/s 2(13) of the
Act . to a child who is alleged or found 
⚫ It refers
to have committed an offence and who has 
not completed 18 years of age on the date
of commission of such offence;
⚫ Procedure regarding CICL
mentioned
in Chapter IV of the Act.
Key Rights of CICL:
 Right to Bail
 No need of handcuff, arrest or kept in
Jail or Police Lockup
 Registration of FIR only required for
heinous crimes; Protection of Identity
 Right of parents to be informed
Right to reunite with Family
After Care
Key Facts relating CICL:
⚫ Children in the age group of 16 - 18
years may be tried as adults in cases of
heinous offences after preliminary
assessment by the Juvenile Justice
Board.
⚫ A child in conflict with law will be
sent to an Observation Home
temporarily during pendency of
inquiry.
⚫ A child who is found to have committed
an offence by the Juvenile Justice Board
will be placed in a Special Home.
PROCEDURE, NATURE OF
INQUIRY & DISPOSITION
OF ORDERS CONCERNING
CHILD IN CONFLICT
WITH LAW (CICL)
Heinous Serious
Petty offence
Offence Offence
7 years 3 years 3-7 years
 PRELIMINARY
ASSESSMENT
In case of heinous offense
Above 16 years
Mental and physical capacity
Ability to understand consequences
And circumstances
Physical Document –
Appearan •Birth certificate
provided from
ce school.
•Matriculation
certificate
•Birth certificate
given by
municipal
authority Medical
test
The children in need of care and protection who are
leaving institution care or children in conflict with
law leaving homes or place of safety on attaining
eighteen years of age, may be provided financial
support in order to facilitate child’s re-integration
into the mainstream of the society in the manner as
may be prescribed.
Skill development, food & shelter, counseling,
mental health intervention, re-creative activities,
occupational therapy, education etc.
CHILD IN
NEED OF
CARE &
PROTECTION
⚫ Defined u/s 2(14) of the Act. Non reporting has been treated as a punishable
offence.
⚫ Procedure in relating to such child
is stated under Chapter VI of the Act. ⚫ The Act provides for Open Shelters for
Children in need of community support on short
⚫ A child in need of care and protection will term basis for protecting them from abuse or
be placed in a Children‘s Home for care, keeping them away from a life on the streets.
treatment, education, The Child Welfare Committees shall meet at
training,⚫ development and rehabilitation. least 20 days in a month and the District
⚫ A child in need of care and protection is Magistrate shall conduct a quarterly review of
the functioning of the Child Welfare
to be produced before the Child
Committee.
Welfare Committee within 24 hours
by police/Child Welfare Officer/public
officer The Act provides for mandatory reporting of a
child found separated from his/her guardian
servant/public spirited person/Designated
Child Welfare Police Officer or by the
child himself.
⚫ Non-reporting of such child is punishable
with 6 months imprisonment or fine or
both u/s 34 of the Act.
⚫ .
Thank you