THE JUVENILE JUSTICE ACT

CARE AND PROTECTION OF CHILDREN,ACT 2000

CHILD POPULATION IN INDIA.

 India has the highest

number of children in the
world.

 More than one third of

country’s population is below
18 years

 Approximately 40% of the

population (around 440
million) is children
 Children everywhere are
vulnerable to abuse and
exploitation by those in positions
of power and trust…
LEGAL PROVISIONS
 International covenants
 Covenant for the Rights of the Child (CRC)
 Convention for Elimination of all kinds of Discrimination
Against Women (CEDAW)
 Universal Declaration of Human Rights
 National laws
 Constitution of India
 Indian Penal Code (IPC)
 Immoral Traffic Prevention Act (PITA)
 Juvenile Justice Act (JJA)
 Goa Children’s Act
 Information Technology Act
THE APPRENTICES ACT 1850: First law dealing with children
in conflict with law.

REFORMING SCHOOL 1987:children <15 yrs---sentence to

imprisonment or reformatory schools.

MADRAS ACT 1920: Establishment of separate juvenile court

and their residential institution.
-DELINQUE -NEGLECTED

CHILD ACT 1960: Parliament enacted the first legislation

Sex discrimatory definition of body.
Two separate adjudicatory bodies.
Prohibition imprisonment of death….
 JUVENILE JUSTICE ACT 1986:

Was renamed and rewritten in 2000 to be called the Juvenile

Justice (Care and Protection of children) Act .
THE JUVENILE JUSTICE (CARE AND PROTECTION OF
CHILDREN) AMENDEMENT ACT, 2006

Constitution has, in several provisions, including clause (3) of article

15, clauses (e) and (f) of article 39, articles 45 and 47, impose on the State a
primary responsibility of ensuring that all the needs of children are met and that
their basic human rights are fully protected

General Assembly of the United Nations has adopted the Convention on the
Rights of the Child on the 20th November, 1989

The Convention on the Rights of the Child emphasizes social

reintegration of child victims, to the extent possible, without resorting to judicial
proceedings;

The Government of India has ratified the Convention on the 11th

December, 1992.
The Convention on the Right of child lays down
four sets of rights:
•The Right to Survival

•The Right to Protection

•The Right to Development

•The Right to Participation

 JUVENILE JUSTICE ACT
The Act places children/juveniles in two
categories –

1. Juvenile in ‘conflict with the law’ handled

by State Governments/ ‘Juvenile Boards’

2. Child in need of ‘care and protection’ to be

looked after by State Governments/ ‘Child
Welfare Committees’

Act to be implemented by the respective State

Governments
DEFINITIONS.- IN THIS ACT, UNLESS THE CONTEXT
OTHERWISE REQUIRES

Advisory board Observation homes

Begging Special homes
Fit institution
Juvenile
Committee
Adoption.
children's home”
competent authority
Guardian
Children who need care and protection
 Orphans, abandoned & destitute children
 Missing or run-away children
 Street & working children
 Children of sex workers
 Abused, tortured and exploited children
 Children indulging in substance abuse
 Children affected by HIV/AIDS
 Children affected by natural calamities, emergencies
and man made disasters
 Children with disabilities
 Child beggars
 Children suffering from terminal/incurable disease
An Act to consolidate and amend the law relating to
juveniles in conflict with law

•Protection and treatment.

•Child-friendly approach.

•Rehabilitation.

•Institutions established.
 JUVENILE JUSTICE BOARD :
Appointed by the State Government.

Panel of Metropolitan Magistrate or Judicial Magistrate

of the first class.

Two social workers of whom at least one shall be a

women.

Magistrate to have special knowledge or training in child

psychology or child
 PROCEDURE, ETC. IN RELATION TO BOARD :

Juvenile in conflict with law to be produced before

JJB/a member of JJB.

when JJB not sitting JJB may act and pass orders
in the absence of any member.

At least two members including Magistrate to be

present at time of final disposal of case Opinion of
majority will prevail.

In absence, opinion of magistrate will prevail .

PROCEDURE TO BE FOLLOWED BY A
MAGISTRATE NOT EMPOWERED UNDER THE
ACT :

He shall without any delay record such opinion and forward

the juvenile or the child, and the record of the proceeding to
the competent authority having jurisdiction over the
proceeding.
APPREHENSION OF JUVENILE IN CONFLICT WITH
LAW.-

The shall be placed under the charge of the special

juvenile police unit
The State Government may make rules consistent with
this Act,-

To provide for persons through whom ( including

registered voluntary organizations) any juvenile in
conflict with law may be produced before the Board to
provide the manner in which such juvenile may be sent
to an observation home.
CONTROL OF CUSTODIAN OVER JUVENILE

Any person in whose charge a juvenile is placed

in pursuance of this Act shall, while the order is in
force have the control over the juvenile as he
would have if he were his parents, and shall be
responsible for his maintenance, and the juvenile
shall continue in his charge for the period stated
by competent authority, notwithstanding that he is
claimed by his parents or any other
person.
BAIL OF JUVENILE:-

A Juvenile must be released on bail.

May be released on bail with or without surety.

May not be release on bail only if –

Association with a criminal exposes juvenile to moral,

physical or psychological danger

-Defeats the end of justice

-Not released on bail must be kept in the observation

home/place of safety pending inquiry
INFORMATION TO PARENT, GUARDIAN OR
PROBATION OFFICER:-

The parent or guardian of the juvenile.

Direct him to be present at the Board before which the

juvenile will appear.

Information regarding the antecedents and family

background of the juvenile.
INQUIRY BY BOARD REGARDING JUVENILE.-

Inquiry to be completed within 4 months

ORDER THAT MAY BE PASSED REGARDING
JUVENILE.-
Counsel parents/ guardian;

Advise the child to :

Group counseling and similar activities Perform community
service.

Payment of fine, (>14 yrs age)

Release on probation of good conduct, and place under care of

parent/ guardian or other fit person or fit institution.

Direct the juvenile to be sent to a Special Home

ORDER THAT MAY NOT BE PASSED AGAINST
JUVENILE
A Juvenile Cannot be sentenced to
death/life imprisonment/committed to prison.

Cannot be charged with/tried for offence with an

adult.

JJB cannot pass orders seeking security for good

behavior, etc
NO JOINT PROCEEDING OF JUVENILE AND PERSON NOT A
JUVENILE.

REMOVAL OF DISQUALIFICATION ATTACHING TO

CONVICTION.

PROHIBITION OF PUBLICATION OF NAME, ETC., OF

JUVENILE INVOLVED IN ANY PROCEEDING UNDER THE ACT.-

SPECIAL PROVISION IN RESPECT OF PENDING CASES.-

PUNISHMENT FOR CRUELTY TO JUVENILE OR CHILD.-

PROVISION IN RESPECT OF ESCAPED JUVENILE.-

.EMPLOYMENT OF JUVENILE OR CHILD FOR BEGGING.-

PENALTY FOR GIVING INTOXICATING LIQUOR OR NARCOTIC
DRUG OR PSYCHOTROPIC SUBSTANCE TO JUVENILE OR
CHILD.-
EXPLOITATION OF JUVENILE OR CHILD
EMPLOYEE.-

SPECIAL OFFENCES.-

The offences punishable under sections 23, 24, 25 and 26 shall

be cognizable

ALTERNATIVE PUNISHMENT
CHILD IN NEED OF CARE AND PROTECTION

... are children who are neglected,

abused, abandoned and victim of any
armed conflict or natural calamities
 CHILD WELFARE COMMITTEE

Appointed by State Govt. to deal with matters related to children is

need care & protection Consists of 5 members including
chairperson.

1 of 4 members to be a women and another expert of matters

concerning children.

To function as a bench of magistrates and to have power

conferred by CrPC on a metropolition magistrate or a judicial
Magistrate first class megistrate.
 PROCEDURE, ETC., IN RELATION TO
COMMITTEE:

A child in need of care & protection to be produced before

CWC/a member, when CWC not sitting.

Opinion of majority to prevail in case of difference of opinion.

In absence of majority opinion of chairperson will prevail.

CWC may act and pass orders in absence of any member.

 POWERS OF COMMITTEE

Final authority to dispose of cases for the care, protection,

treatment, development and rehabilitation of the children as well
as to provide for their basic needs and protection of
 INQUIRY

CWC/any police officer/SPJU/designated police officer

to hold inquiry CWC may pass an order to send the
child to the children’s home for speedy inquiry by a
social workers/child welfare officer.

Inquiry to be completed within 4 months of the

receipt of the order.
CHILDREN’S HOME

INSPECTION

SOCIAL AUDITING

SHELTER HOMES

TRANSFER

RESTORATION
(a) Parents; (b) Adopted parents; (c) Foster
parents
 Rehabilitation and Social
Reintegration

(I) Adoption
(ii)Foster care
(iii)Sponsorship
(iv)Sending the child to an aftercare
organization.
MISCELLANEOUS
Attendance of parent or guardian of juvenile or child.-

Dispensing with attendance of juvenile or child.-

Committal to approved place of juvenile or child suffering from

dangerous diseases and his future disposal

Presumption and determination of age

Sending a juvenile or child outside jurisdiction.-

Reports to be treated as confidential.-

At present, 9 Observation Homes for Boys are functioning at Hyderabad, Warangal,
Vijayawada, Rajahmundry, Kurnool, Tirupathi, Guntakal, Visakhapatnam and Nizamabad and
one Home for Girls at Hyderabad

There are 4 Juvenile Homes for Boys functioning in Hyderabad, Eluru, Visakhapatnam and
Cuddapah

There is one Special Home for Boys at Hyderabad for reception of delinquent juveniles
committed by courts