THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN)
ACT, 2000
(Act No. 56 of 2000) [30 December 2000]
An Act to consolidate and amend the law relating to juveniles in
conflict with law and children in need of care and protection, by providing for
proper care, protection and treatment by catering to their development needs,
and by adopting a child-friendly approach in the adjudication and disposition
of matters in the best interest of children and for their ultimate
rehabilitation through various institutions established under this enactment.
WHEREAS the 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;
AND WHEREAS, the General Assembly of the United Nations has
adopted the Convention on the Rights of the Child on the 20th November, 1989;
AND WHEREAS, the Convention on the Rights of the Child has
prescribed a set of standards to be adhered to by all State parties in securing
the best interests of the child;
AND WHEREAS, the Convention on the Rights of the Child emphasises
social reintegration of child victims, to the extent possible, without
resorting to judicial proceedings;
AND WHEREAS, the Government of India has ratified the Convention
on the 11th December, 1992;
AND WHEREAS, it is expedient to re-enact the existing law relating
to juveniles bearing in mind the standards prescribed in the Convention on the
Rights of the Child, the United Nations Standard Minimum Rules for the
Administration of Juvenile Justice, 1985 (the Beijing rules), the United
Nations Rules for the Protection of Juveniles Deprived of their Liberty (1990),
and all other relevant international instruments.
Be it enacted by Parliament in the Fifty-first Year of the
Republic of India as follows:-
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.- (1) This Act may be
called the Juvenile Justice (Care and Protection of Children) Act, 2000.
(2) it extends to the Whole of India except the State of Jammu and
Kashmir.
(3) It shall come into force on such date as the Central
Government may, by notification in the Official Gazette, appoint.
2. Definitions- In this Act, unless the context otherwise
requires,-
a. "advisory board" means a Central or a state advisory
board or a district and city level advisory board, as the case may be,
constituted under section 62;
b. "begging" means-
i. soliciting or receiving alms in a public place or entering into
any private premises for the purpose of soliciting or receiving alms, whether
under any pretence;
ii. exposing or exhibiting with the object of obtaining or
extorting alms, any sore, wound, injury, deformity or disease, whether of
himself or of any other person or of an animal;
c. "Board" means a Juvenile Justice Board constituted
under section 4;
d. "child in need of care
and protection" means a child - who is found without any home or settled
place or abode and without any ostensible means of subsistence,
ii. who resides with a person (whether a guardian of the child or
not) and such person-
a. has threatened to kill or injure the child and there is a
reasonable likelihood of the threat being carried out, or
b. has killed, abused or neglected some other child or children
and there is a reasonable likelihood of the child in question being killed,
abused or neglected by that person,
iii. who is mentally or physically challenged or ill children or
children suffering from terminal diseases or incurable diseases having no one
to support or look after,
iv. who has a parent or guardian and such parent or guardian is
unfit or incapacitated to exercise control over the child,
v. who does not have parent and no one is willing to take care of
or whose parents have abandoned him or who is missing and run away child and
whose parents cannot be found after reasonable injury,
vi. who is being or is likely to be grossly abused, tortured or
exploited for the purpose of sexual abuse or illegal acts,
vii. who is found vulnerable and is likely to be inducted into
drug abuse or trafficking,
viii. who is being or is likely to be abused for unconscionable
gains,
ix. who is victim of any armed conflict, civil commotion or
natural calamity;
e. "children's home" means an institution established by
a State Government or by voluntary organisation and certified by that
Government under section 34;
f. "Committee" means a Child Welfare Committee
constituted under section 29;
g. "competent authority" means in relation to children
in need of care and protection a Committee and in relation to juveniles in
conflict with law a Board;
h. "fit institution" means a governmental or a
registered non-governmental organisation or a voluntary organisation prepared
to own the responsibility of a child and such organisation is found fit by the
competent authority;
i. "fit person" means a person, being a social worker or
any other person, who is prepared to own the responsibiliy of a child and is
found fit by the competent authority to receive and take care of the child;
j. "guardian", in relation to a child, means his natural
guardian or any other person having the actual charge or control over the child
and recognised by the competent authority as a guardian in course of
proceedings before that authority;
k. "juvenile" or "child" means a person who
has not completed eighteenth year of age;
l. "juvenile in conflict with law" means a juvenile who
is alleged to have committed an offence;
m. "local authority" means Panchayats at the village and
Zila Parishad at the district level and shall also include a Municipal
Committee or Corporation or a Cantonment Board or such other body legally
entitled to function as local authority by the Government;
n. "narcotic drug" and "psychotropic
substance" shall have the meanings respectively assigned to them in the
Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985);
o. "observation home" means a home established by a
State Government or by a voluntary organisation and certified by that State
Government under section 8 as an observation home for the juvenile in conflict
with law;
p. "offence" means an offence punishable under any law
for the time being in force;
q. "place of safety" means any place or institution (not
being a police lock-up or jail), the person incharge of which is willing
temporarily to receive and take care of the juvenile and which, in the opinion
of the competent authority, may be a place of safety for the juvenile;
r. "prescribed" means prescribed by rules made under
this act;
s. "Probation officer" means an officer appointed by the
State Government as a probation officer under the Probation of Offenders Act,
1958 (20 of 1958);
t. "public place" shall have the meaning assigned to it
in the Immoral Traffic (Prevention) Act, 1956 (104 of 1956);
u. "shelter home" means a home or a drop-in-centre set
up under section 37;
v. "special home" means an institution established by a
State Government or by a voluntary organisation and certified by that
Government under section 9;
w. "special juvenile police
unit" means a unit of the police force of a State designated for handling
of juveniles or children under section 63;
x. "State Government" , in relation to a Union territory,
means the Administrator of that Union territory appointed by the President
under article 239 of the Constitution;
y. all words and expressions used but not defined in this Act and
defined in the Code of Criminal Procedure, 1973 (2 of 1974), shall have the
meanings respectively assigned to them in that code.
3. Continuation of Inquiry in respect of juvenile who has ceased
to be a juvenile.- Where an inquiry has been initiated against a juvenile in
conflict with law or a child in need of care and protection and during the
course of such inquiry the juvenile or the child ceases to be such, then,
notwithstanding anything contained in this Act or in any other law for the time
being in force, the inquiry may be continued and orders may be made in respect
of such person as if such person had continued to be a juvenile or a child.
CHAPTER II
JUVENILE IN CONFLICT WITH LAW
4. Juvenile Justice Board.- (1) Notwithstanding anything contained
in the Code of Criminal Procedure, 1973 (2 of 1974), the State Government may,
by notification in the Official Gazette, constitute for a district or a group
of districts specified in the notification, one or more Juvenile Justice Boards
for exercising the powers and discharging the duties conferred or imposed on
such Boards in relation to juveniles in conflict with law under this act.
(2) A Board shall consist of a Metropolitan Magistrate or a
Judicial Magistrate of the first class, as the case may be, and two social
workers of whom at least one shall be a woman, forming a Bench and every such
Bench shall have the powers conferred by the Code of Criminal Procedure, 1973
(2 of 1974), on a Metropolitan Magistrate or, as the case may be, a Judicial
Magistrate of the first class and the Magistrate on the Board shall be designated
as the principal Magistrate.
(3) No Magistrate shall be appointed as a member of the Board
unless he has special knowledge or training in child psychology or child
welfare and no social worker shall be appointed as a member of the Board unless
he has been actively involved in health, education, or welfare activities
pertaining to children for at least seven years.
(4) The term of office of the members of the Board and the manner
in which such member may resign shall be such as may be prescribed.
(5) The appointment of any member of the Board may be terminated
after holding inquiry, by the State Government, if -
i. he has been found guilty of misuse of power vested under this
act,
ii. he has been convicted of an offence involving moral turpitude,
and such conviction has not been reversed or he has not been granted full
pardon in respect of such offence,
iii. he fails to attend the proceedings of the Board foe
consecutive three months without any valid reason or he fails to attend less
than three-fourth of the sittings in a year.
5. Procedure, etc. in relation to Board.- (1) The Board shall meet
at such times and shall, observe such rules of procedure in regard to the
transaction of business at its meetings, as may be prescribed.
(2) A child in conflict with law may be produced before an
individual member of the Board, when the Board is not sitting.
(3) A Board may act
notwithstanding the absence of any member of the Board, and no order made by
the Board shall be invalid by reason only of the absence of any member during
any stage of proceedings:
Provided that there shall be at least two members including the
principal Magistrate present at the time of final disposal of the case.
(4) In the event of any difference of opinion among the members of
the Board in the interim or final disposition, the opinion of the majority
shall prevail, but where there is no such majority, the opinion of the
principal Magistrate, shall prevail.
6. Powers of Juvenile Justice Board.- (1) Where a Board has been
constituted for any district or a group of districts, such Board shall,
notwithstanding anything contained in any other law for the time being in force
but save as otherwise expressly provided in this Act, have power to deal
exclusively with all proceedings under this Act, relating to juvenile in
conflict with law.
(2) The powers conferred on the Board by or under this Act may
also be exercised by the High Court and the Court of Session, when the
proceedings comes before them in appeal, revision or otherwise.
7. Procedure to be followed by a Magistrate not empowered under
the Act.- (1) When any Magistrate not empowered to exercise the powers of a
Board under this Act is of the opinion that a person brought before him under
any of the provisions of this Act (other than for the purpose of giving
evidence), is a juvenile or the child, 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.
(2) The competent authority to which the proceeding is forwarded
under sub-section (1) shall hold the inquiry as if the juvenile or the child
had originally been brought before it.
8. Observation homes.- (1) Any State Government may establish and
maintain either by itself or under an agreement with voluntary organisations,
observation homes in every district or a group of districts, as may be required
for the temporary reception of any juvenile in conflict with law during the
pendency of any inquiry regarding them under this Act.
(2) Where the State Government is of opinion that any institution
other than a home established or maintained under sub-section (1), is fit for
the temporary reception of juvenile in conflict with law during the pendency of
any inquiry regarding them under this Act, it may certify such substitution as
an observation home for purposes of this Act.
(3) The State Government may, by rules made under this Act,
provide for the management of observation homes, including the standards and various
types of services to be provided by them for rehabilitation and social
integration of a juvenile, and the circumstances under which, and the manner in
which, the certification of an observation home may be granted or withdrawn.
(4) Every juvenile who is not placed under the charge of parent or
guardian and is sent to an observation home shall be initially kept in a
reception unit of the observation home for preliminary inquiries, care and
classification for juveniles according to his age group, such as seven to
twelve years, twelve to sixteen years and sixteen to eighteen years, giving due
considerations to physical and mental status and degree of the offence
committed, for further induction into observation home.
9. Special Homes.- (1) Any State Government may establish and
maintain either by itself or under an agreement with voluntary organisations,
special homes in every district or a group of districts, as may be required for
reception and rehabilitation of juvenile in conflict with law under this Act.
(2) Where the State Government is of opinion that any institution
other than a home established or maintained under sub-section (1), is fit for
the reception of juvenile in conflict with law to be sent there under this Act,
it may certify such institution as a special home for the purposes of this Act.
(3) The State Government may, by rules made under this Act,
provide for the management of special homes, including the standards and
various types of services to be provided by them which are necessary for
re-socialisation of a juvenile, and the circumstances under which and the
manner in which, the certification of a special home may be granted or
withdrawn.
(4) The rules made under
sub-section (3) may also provide for the classification and separation of
juvenile in conflict with law based on age and the nature of offences committed
by them and his mental and physical status.
10. Apprehension of juvenile in conflict with law.- (1) As soon as
a juvenile in conflict with law is apprehended by police, he shall be placed
under the charge of the special juvenile police unit or the designated police
officer who shall immediately report the matter to a member of the Board.
(2) The State Government may make rules consistent with this Act,-
i. to provide for persons through whom ( including registered
voluntary organisations) any juvenile in conflict with law may be produced
before the Board;
ii. to provide the manner in which such juvenile may be sent to an
observation home.
11. 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.
12. Bail of
juvenile.- (1) When any person accused of a bailable or non-bailable offence,
and apparently a juvenile, is arrested or detained or appears or is brought
before a Board, such person shall, notwithstanding anything contained in the
Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time
being in force, be released on bail with or without surety but he shall not be
so released if there appear reasonable grounds for believing that the release
is likely to bring him into association with any known criminal or expose him
to moral, physical or psychological danger or that his release would defeat the
ends of justice.
(2) When such person having been arrested is not released on bail
under sub-section (1) by the officer incharge of the police station, such
officer shall cause him to be kept only in an observation home in the prescribed
manner until he can brought before a Board.
(3) When such person is not released on bail under sub-section (1)
by the Board it shall, instead of committing him to prison, make an order
sending him to an observation home or a place of safety for such period during
the pendency of the inquiry regarding him as may be specified in the order.
13. Information to parent, guardian or probation officer.- Where a
juvenile is arrested, the officer incharge of the police station or the special
juvenile police unit to which the juvenile is brought shall, as soon as may be
after the arrest, inform-
(a) the parent or guardian of the juvenile , if he can be found,
of such arrest and direct him to be present at the Board before which the
juvenile will appear; and
(b) the probation officer of such arrest to enable him to obtain
information regarding the antecedents and family background of the juvenile and
other material circumstances likely to be of assistance to the Board for making
the inquiry.
14. Inquiry by Board
regarding juvenile.- Where a juvenile having been charged with the offence is
produced before a Board, the Board shall hold the inquiry in accordance with
the provisions of this Act and may make such order in relation to the juvenile
as it deems fit:
Provided that an inquiry under this section shall be completed
within a period of four months from the date of its commencement, unless the
period is extended by the Board having regard to the circumstances of the case
and in special cases after recording the reasons in writing for such extension.
15. Order that may be passed regarding juvenile.- (1) Where a Board
is satisfied on inquiry that a juvenile has committed an offence, then
notwithstanding anything to the contrary contained in any other law for the time
being in force, the Board may, if it thinks so fit,-
(a) allow the juvenile to go home after advice or admonition
following appropriate inquiry against and counselling to the parent or the
guardian and the juvenile;
(b) direct the juvenile to participate in group counselling and
similar activities;
(c) order the juvenile to perform community service;
(d) order the parent of the juvenile or the juvenile himself to pay
a fine, if he is over fourteen years of age and earns money;
(e) direct the juvenile to be
released on probation of good conduct and placed under the care of any parent,
guardian or other fit person, on such parent, guardian or other fit person
executing a bond, with or without surety, as the Board may require, for the
good behaviour and well-being of the juvenile for any period not exceeding
three years;
(f) direct the juvenile to be released on probation of good conduct
and placed under the care of any fit institution for the good behaviour and
well-being of the juvenile for any period not exceeding three years;
(g) make an order directing the juvenile to be sent to a special
home,-
i. in the case of juvenile, over seventeen years but less than
eighteen years of age for a period of not less than two years;
ii. in case of any other juvenile for the period until he ceases
to be a juvenile :
Provided that the Board may, if it is satisfied that having regard
to the nature of the offence and the circumstances of the case it is expedient
so to do, for reasons to be recorded, reduce the period of stay to such period
as it thinks fit.
2. The Board shall obtain the social investigation report on
juvenile either through a probation officer or a recognised voluntary
organisation or otherwise, and shall take into consideration the findings of such
report before passing an order.
3. Where an order under clause (d), clause (e) or clause (f) of
sub-section (1) is made, the Board may, if it is of opinion that in the
interests of the juvenile and of the public, it is expedient so to do, in
addition make an order that the juvenile in conflict with law shall remain
under the supervision of a probation officer named in the order during such
period, not exceeding three years as may be specified therein, and may in such
supervision order impose such conditions as it deems necessary for the due
supervision of the juvenile in conflict with law :
Provided that if at any time afterwards it appears to the Board on
receiving a report from the probation officer or otherwise, that the juvenile
in conflict with law has not been of good behaviour during the period of
supervision or that the fit institution under whose care the juvenile was
placed is no longer able or willing to ensure the good behaviour and well-being
of the juvenile it may, after making such inquiry as it deems fit, order the
juvenile in conflict with law to be sent to a special home.
4. The Board shall while making a supervision order under
sub-section (3), explain to the juvenile and the parent, guardian or other fit
person or fit institution, as the case may be, under whose care the juvenile
has been placed, the terms and conditions of the order shall forthwith furnish
one copy of the supervision order to the juvenile, the parent, guardian or
other fit person or fit institution, as the case may be, the sureties, if any,
and the probation officer.
16. Order that may not be passed against juvenile.-(1)
Notwithstanding anything to the contrary contained in any other law for the
time being in force, no juvenile in conflict with law shall be sentenced to
death or life imprisonment, or committed to prison in default of payment of
fine or in default of furnishing security :
Provided that where a juvenile who has attained the age of sixteen
years has committed an offence and the Board is satisfied that the offence
committed is of so serious in nature or that his conduct and behaviour have
been such that it would not be in his interest or in the interest of other
juvenile in a special home to send him to such special home and that none of
the other measures provided under this Act is suitable or sufficient, the Board
may order the juvenile in conflict with law to be kept in such place of safety
and in such manner as it thinks fit and shall report the case for the order of
the State Government.
(2) On receipt of a report from a Board under sub-section (1), the
State Government may make such arrangement in respect of the juvenile as it
deems proper and may order such juvenile to be kept under protective custody at
such place and on such conditions as it thinks fit :
Provided that the period of detention so ordered shall not exceed
the maximum period of imprisonment to which the juvenile could have been
sentenced for the offence committed.
17. Proceeding under Chapter VIII of the Code of Criminal
Procedure not component against juvenile.- Notwithstanding anything to the
contrary contained in the Code of Criminal Procedure, 1973 (2 of 1974) no
proceeding shall be instituted and no order shall be passed against the
juvenile under Chapter VIII of the said Code.
18. No joint proceeding of
juvenile and person not a juvenile.-(1) Notwithstanding anything contained in
section 223 of the Code of Criminal Procedure, 1973 (2 of 1974) or in any other
law for the time being in force, no juvenile shall be charged with or tried for
any offence together with a person who is not a juvenile.
(2) If a juvenile is accused of an offence for which under section
223 of the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for
the time being in force, such juvenile and any person who is not a juvenile
would, but for the prohibition contained in sub-section (1), have been charged
and tried together, the Board taking cognizance of that offence shall direct
separate trials of the juvenile and the other person.
19. Removal of disqualification attaching to conviction.-(1)
Notwithstanding anything contained in any other law, a juvenile who has
committed an offence and has been dealt with under the provisions of this Act
shall not suffer disqualification, if any, attaching to a conviction of an
offence under such law.
(2) The Board shall make an order directing that the relevant
records of such conviction shall be removed after the expiry of the period of
appeal or a reasonable period as prescribed under the rules, as the case may
be.
20. Special provision in respect of pending cases.-
Notwithstanding anything contained in this Act, all proceedings in respect of a
juvenile pending in any court in any area on the date on which this Act comes
into force in that area, shall be continued in that court as if this Act had
not been passed and if the court finds that the juvenile has committed an
offence, it shall record such finding and instead of passing any sentence in
respect of the juvenile, forward the juvenile to the Board which shall pass
orders in respect of that juvenile in accordance with the provisions of this
Act as if it had been satisfied on inquiry under this Act that a juvenile has
committed the offence.
21. Prohibition of publication of name, etc., of juvenile involved
in any proceeding under the Act.- (1) No report in any newspaper, magazine,
news-sheet or visual media of any inquiry regarding a juvenile in conflict with
law under this Act shall disclose the name, address or school or any other
particulars calculated to lead to the identification of the juvenile nor shall
any picture of any such juvenile be published :
Provided that for reasons to be recorded in writing the authority
holding the inquiry may permit such disclosure, if in its opinion such
disclosure is in interest of the juvenile.
(2) Any person contravening the provisions of sub-section (1)
shall be punishable with fine, which may extend to one thousand rupees.
22. Provision in respect of escaped juvenile.- Notwithstanding
anything to the contrary contained in any other law for the time being in
force, any police officer may take charge without warrant of a juvenile in
conflict with law who has escaped from a special home or an observation home or
from the care of a person under whom he was placed under this Act, and shall be
sent back to the special home or the observation home or that person, as the
case may be; and no proceeding shall be instituted in respect of the juvenile
by reason of such escape, but the special home, or the observation home or the
person may, after giving the information to the Board which passed the order in
respect of the juvenile, take such steps in respect of the juvenile as may be
deemed necessary under the provisions of this Act.
23. Punishment for cruelty to juvenile or child.- Whoever, having
the actual charge of, or control over, a juvenile or the child, assaults,
abandons, exposes or wilfully neglects the juvenile or causes or procures him
to be assaulted, abandoned, exposed or neglected in a manner likely to cause
such juvenile or the child unnecessary mental or physical suffering shall be
punishable with imprisonment for a team which may extend to six months, or
fine, or with both.
24. Employment of juvenile or child for begging.-(1) Whoever
employs or uses any juvenile or the child for the purpose or causes any
juvenile to beg shall be punishable with imprisonment for a term which may
extend to three years and shall also be liable to fine.
(2) Whoever, having the actual charge of, or control over, a
juvenile or the child abets the commission of the offence punishable under
sub-section (1), shall be punishable with imprisonment for a term which may
extend to one year and shall also be liable to fine.
25. Penalty for giving
intoxicating liquor or narcotic drug or psychotropic substance to juvenile or
child.- Whoever gives, or causes to be given, to any juvenile or the child any
intoxicating liquor in a public place or any narcotic drug or psychotropic
substance except upon the order of duly qualified medical practitioner or in
case of sickness shall be punishable with imprisonment for a term which may
extend to three years and shall be liable to fine.
26. Exploitation of juvenile or child employee.- Whoever
ostensibly procures a juvenile or the child for the purpose of any hazardous
employment keeps him in bondage and withholds his earnings or uses such earning
for his own purposes shall be punishable with imprisonment for a term which may
extend to three years and shall be liable to fine.
27. Special offences.- The offences punishable under sections 23,
24, 25 and 26 shall be cognizable.
28. Alternative punishment.- Where an act or omission constitute
an offence punishable under this Act and also under any other Central or State
Act, then, notwithstanding anything contained in any law for the time being in
force, the offender found guilty of such offences shall be liable to punishment
only under such Act as provides for punishment which is greater in degree.
CHAPTER III
CHILD IN NEED OF CARE AND PROTECTION
29. Child Welfare Committee.-(1) The State Government may, by
notification in Official Gazette, constitute for every district or group of
districts, specified in the notification, one or more Child Welfare Committees
for exercising the powers and discharge the duties conferred on such Committees
in relation to child in need of care and protection under this Act.
(2) The Committee shall consist of a Chairperson and four other
members as the State Government may think fit to appoint, of whom at least one
shall be a woman and another, an expert on matters concerning children.
(3) The qualifications of the Chairperson and the members, and the
tenure for which they may be appointed shall be such as may be prescribed.
(4) The appointment of any member of the Committee may be
terminated, after holding inquiry, by the State Government, if-
i. he has been found guilty of misuse of power vested under this
Act;
ii. he has been convicted of an offence involving moral turpitude,
and such conviction has not been reversed or he has not been granted full
pardon in respect of such offence;
iii. he fails to attend the proceedings of the Committee for
consecutive three months without any valid reason or he fails to attend less
than three-fourth of the sittings in a year.
(5) The Committee shall function as a Bench of Magistrates and
shall have the powers conferred by the Code of Criminal Procedure, 1973 (2 of
1974) on a Metropolitan Magistrate or, as the case may be, a Judicial
Magistrate of the first class.
30. Procedure, etc., in relation to Committee.- (1) The Committee
shall meet at such times and shall observe such rules of procedure in regard to
the transaction of business at its meetings, as may be prescribed.
(2) A child in need of care and protection may be produced before
an individual member for being placed in safe custody or otherwise when the
Committee is not in session.
(3) In the event of any difference of opinion among the members of
the Committee at the time of any interim decision, the opinion of the majority
shall prevail but where there is no such majority the opinion of the
Chairperson shall prevail.
(4) Subject to the provisions of sub-section (1), the Committee
may act, notwithstanding the absence of any member of the Committee, and no
order made by the Committee shall be invalid by reason only of the absence of
any member during any stage of the proceeding.
31. Powers of Committee.-(1) The
Committee shall have the 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 human rights.
(2) Where a Committee has been constituted for any area, such
Committee shall, notwithstanding anything contained in any other law for the
time being in force but save as otherwise expressly provided in this Act, have
the power to deal exclusively with all proceedings under this Act relating to
children in need of care and protection.
32. Production before Committee.-(1) Any child in need of care and
protection may be produced before the Committee by one of the following persons
:-
(i) any police officer or special juvenile police unit or a
designated police officer;
(ii) any public servant;
(iii) childline, a registered voluntary organisation or by such other
voluntary organisation or an agency as may be recognised by the State
Government;
(iv) any social worker or a public spirited citizen authorised by
the State Government; or
(v) by the child himself.
(2) The State Government may make rules consistent with this Act
to provide for the manner of making the report to the police and to the
Committee and the manner of sending and entrusting the child to children's home
pending the inquiry.
33. Inquiry.- (1) On receipt of a report under section 32, the Committee
or any police officer or special juvenile police unit or the designated police
officer shall hold an inquiry in the prescribed manner and the Committee, on
its own or on the report from any person or agency as mentioned in sub-section
(1) of section 32, may pass an order to send the child to the children's home
for speedy inquiry by a social worker or child welfare officer.
(2) The inquiry under this section shall be completed within four
months of the receipt of the order or within such shorter period as may be
fixed by the Committee: Provided that the time for the submission of the
inquiry report may be extended by such period as the Committee may, having
regard to the circumstances and for the reasons recorded in writing, determine.
(3) After the completion of the inquiry if the Committee is of the
opinion that the said child has no family or ostensible support, it may allow
the child to remain in the children's home or shelter home till suitable
rehabilitation is found for him or till he attains the age of eighteen years.
34. Children's homes.-(1) The State Government may establish and
maintain either by itself or in association with voluntary organisations,
children's homes, in every district or group of districts, as the case may be,
for the reception of child in need of care and protection during the pendency
of any inquiry and subsequently for their care, treatment, education, training,
development and rehabilitation.
(2) The State Government may, by rules made under this Act,
provide for the management of children's homes including the standards and the
nature of services to be provided by them, and the circumstances under which,
and the manner in which, the certification of a children's home or recognition
to a voluntary organisation may be granted or withdrawn.
35. Inspection.- (1) The State Government may appoint inspection
committees for the children's homes (hereinafter referred to as the inspection
committees) for the State, a district and city, as the case may be, for such
period and for such purposes as may be prescribed.
(2) The inspection committee of a State, district or of a city
shall consist of such number of representatives from the State Government,
Local Authority, Committee, voluntary organisations and such other medical experts
and social workers as may be prescribed.
36. Social auditing.- The Central Government or State Government
may monitor and evaluate the functioning of the children's homes at such period
and through such persons and institutions as may be specified by that
Government.
37. Shelter homes.- (1) The
State Government may recognise, reputed and capable voluntary organisations and
provide them assistance to set up and administer as many shelter homes for
juveniles or children as may be required.
(2) The shelter homes referred in sub-section.-(1) shall function
as drop-in-centres for the children in the need of urgent support who have been
brought to such homes through such persons as are referred to in sub-section
(1) of section 32.
(3) As far as possible, the shelter homes shall have such
facilities as may be prescribed by the rules.
38. Transfer.- (1) If during the inquiry it is found that the
child hails from the place outside the jurisdiction of the Committee, the
Committee shall order the transfer of the child to the competent authority
having jurisdiction over the place of residence of the child.
(2) Such juvenile or the child shall be escorted by the staff of
the home in which he is lodged originally.
(3) The State Government may make rules to provide for the
travelling allowance to be paid to the child.
39. Restoration.- (1) Restoration of and protection to a child
shall be the prime objective of any children's home or the shelter home.
(2) The children's home or a shelter home, as the case may be,
shall take such steps as are considered necessary for the restoration of and
protection to a child deprived of his family environment temporarily or
permanently where such child is under the care and protection of a children's
home or a shelter home, as the case may be.
(3) The Committee shall have the powers to restore any child in
need of care and protection to his parent, guardian, fit person or fit
institution, as the case may be, and give them suitable directions.
Explanation.- For the purposes of this section "restoration
of child" means restoration to-
(a) parents;
(b) adopted parents;
(c) foster parents.
CHAPTER IV
REHABILITATION AND SOCIAL REINTEGRATION
40. Process of rehabilitation and social reintegration.- The
rehabilitation and social reintegration of a child shall begin during the stay
of the child in a children's home or special home and the rehabilitation and
social reintegration of children shall be carried out alternatively by (i)
adoption, (ii) foster care, (iii) sponsorship, and (iv) sending the child to an
after-care organisation.
41. Adoption.- (1) The primary responsibility for providing care
and protection to children shall be that of his family.
(2) Adoption shall be resorted to for the rehabilitation of such
children as are orphaned, abandoned, neglected and abused through institutional
and non-institutional methods.
(3) In keeping with the provisions of the various guidelines for
adoption issued from time to time by the State Government, the Board shall be
empowered to give children in adoption and carry out such investigations as are
required or giving children in adoption in accordance with the guidelines
issued by the State Government from time to time in this regard.
(4) The children's homes or the State Government run institutions
for orphans shall be recognised as an adoption agencies both for scrutiny and
placement of such children for adoption in accordance with the guidelines
issued under sub-section (3).
(5) No child shall be offered for adoption-
a. until two members of the Committee declare the child legally
free for placement in the case of abandoned children,
b. till the two months period
for reconsideration by the parent is over in the case of surrendered children,
and
c. without his consent in the case of a child who can understand
and express his consent.
(6) The Board may allow a child to be given in adoption-
d. to a single parent, and
e. to parents to adopt a child of same sex irrespective of the
number of living biological sons or daughters.
42. Foster care.- (1) The foster care may be used for temporary
placement of those infants who are ultimately to be given for adoption.
(2) In foster care, the child may be placed in another family for
a short or extended period of time, depending upon the circumstances where the
child's own parent usually visit regularly and eventually after the
rehabilitation, where the children may return to their own homes.
(3) The State Government may make rules for the purposes of
carrying out the scheme of foster care programme of children.
43. Sponsorship.-(1) The sponsorship programme may provide
supplementary support to families, to children's homes and to special homes to
meet medical, nutritional, educational and other needs of the children with a
view to improving their quality of life.
(2) The State Government may make rules for the purposes of
carrying out various schemes of sponsorship of children, such as individual to
individual sponsorship, group sponsorship or community sponsorship.
44. After-care organisation.- The State Government may, by rules
made under this Act, provide-
(a) for the establishment or recognition of after-care
organisations and the functions that may be performed by them under this Act;
(b) for a scheme of after-care programme to be followed by such
after-care organisations for the purpose of taking care of juveniles or the
children after they leave special homes, children homes and for the purpose of
enabling them to lead an honest, industrious and useful life;
(c) for the preparation or submission of a report by the probation
officer or any other officer appointed by that Government in respect of each
juvenile or the child prior to his discharge from a special home, children's
home, regarding the necessity and nature of after-care of such juvenile or of a
child, the period of such after-care, supervision thereof and for the
submission of report by the probation officer or any other officer appointed
for the purpose, on the progress of each juvenile or the child;
(d) for the standards and the nature of services to be maintained
by such after care organisations;
(e) for such other matters as may be necessary for the purpose of
carrying out the scheme of after-care programme for the juvenile or the child :
Provided that any rule made under this section shall not provide
for such juvenile or child to stay in the after-care organisation for more than
three years :
Provided further that a juvenile or child over seventeen years of
age but less than eighteen years of age would stay in the after-care
organisation till he attains the age of twenty years.
45. Linkages and co-ordination.- The State Government may make
rules to ensure effective linkages between various governmental,
non-governmental, corporate and other community agencies for facilitating the
rehabilitation and social reintegration of the child.
CHAPTER V
MISCELLANEOUS
46. Attendance of parent or guardian of juvenile or child.- Any
competent authority before which a juvenile or the child is brought under any
of the provisions of this Act, may, whenever it so thinks fit, require any
parent or guardian having the actual charge of or control over the juvenile or
the child to be present at any proceeding in respect of the juvenile or the
child.
47. Dispensing with attendance
of juvenile or child.- If, at any stage during the course of an inquiry, a
competent authority is satisfied that the attendance of the juvenile or the
child is not essential for the purpose of inquiry, the competent authority may
dispense with his attendance and proceed with the inquiry in the absence of the
juvenile or the child.
48. Committal to approved place of juvenile or child suffering
from dangerous diseases and his future disposal.-(1) When a juvenile or the
child who has been brought before a competent authority under this Act, is
found to be suffering from a disease requiring prolonged medical treatment or
physical or mental complaint that will respond to treatment, the competent
authority may send the juvenile or the child to any place recognised to be an
approved place in accordance with the rules made under this Act for such period
as it may think necessary for the required treatment.
(2) Where a juvenile or the child is found to be suffering from
leprosy, sexually transmitted disease, Hepatitis B, open cases of Tuberculosis
and such other diseases or is of unsound mind, he shall be dealt with
separately through various specialised referral services or under the relevant
laws as such.
49. Presumption and determination of age.- (1) Where it appears to
a competent authority that person brought before it under any of the provisions
of this Act (otherwise than for the purpose of giving evidence) is a juvenile
or the child, the competent authority shall make due inquiry so as to the age
of that person and for that purpose shall take such evidence as may be
necessary (but not an affidavit) and shall record a finding whether the person
is a juvenile or the child or not, stating his age as nearly as may be.
(2) No order of a competent authority shall be deemed to have
become invalid merely by any subsequent proof that the person in respect of
whom the order has been made is not a juvenile or the child, and the age
recorded by the competent authority to be the age of person so brought before
it, shall for the purpose of this Act, be deemed to be the true age of that
person.
50. Sending a juvenile or child outside jurisdiction.- In the case
of a juvenile or the child, whose ordinary place of residence lies outside the
jurisdiction of the competent authority before which he is brought, the
competent authority may, if satisfied after due inquiry that it is expedient so
to do, send the juvenile or the child back to a relative or other person who is
fit and willing to receive him at his ordinary place of residence and exercise
proper care and control over him, notwithstanding that such place of residence
is outside the jurisdiction of the competent authority; and the competent
authority exercising jurisdiction over the place to which the juvenile or the
child is sent shall in respect of any matter arising subsequently have the same
powers in relation to the juvenile or the child as if the original order had
been passed by itself.
51. Reports to be treated as confidential.- The report of the
probation officer or social worker considered by the competent authority shall
be treated as confidential:
Provided that the competent authority may, if it so thinks fit,
communicate the substance thereof to the juvenile or the child or his parent or
guardian and may give such juvenile or the child, parent or guardian an
opportunity of producing such evidence as may be relevant to the matter stated
in the report.
52. Appeals.- (1) Subject to the provisions of this section, any
person aggrieved by an order made by a competent authority under this Act may,
within thirty days from the date of such order, prefer an appeal to the Court
of Session:
Provided that the Court of Session may entertain the appeal after
the expiry of the said period of thirty days if it is satisfied that the
appellant was prevented by sufficient cause from filing the appeal in time.
(2) No appeal shall lie from-
(a) any order of acquittal made by the Board in respect of a
juvenile alleged to have committed an offence; or
(b) any order made by a
Committee in respect of a finding that a person is not a neglected juvenile.
(3) No second appeal shall lie from any order of the Court of
Session passed in appeal under this section.
53. Revision.-The High Court may, at any time, either of its own
motion or on an application received in this behalf, call for the record of any
proceeding in which any competent authority or Court of Session has passed an
order for the purpose of satisfying itself as to the legality or propriety of
any such order and may pass such order in relation thereto as it thinks fit:
Provided that the High Court shall not pass an order under this
section prejudicial to any person without giving him a reasonable opportunity
of being heard.
54. Procedure in inquiries, appeals and revision proceedings.- (1)
Save as otherwise expressly provided by this Act, a competent authority while
holding any inquiry under any of the provisions of this Act, shall follow such
procedure as may be prescribed and subject thereto, shall follow, as far as may
be, the procedure laid down in the Code of Criminal Procedure, 1973 ( 2 of
1974) for trials in summons cases.
(2) Save as otherwise expressly provided by or under this Act, the
procedure to be followed in hearing appeals or revision proceedings under this
Act shall be, as far as practicable, in accordance with the provisions of the
Code of Criminal Procedure, 1973 ( 2 of 1974).
55. Power to amend orders.- (1) Without prejudice to the
provisions for appeal and revision under this Act, any competent authority may,
on an application received in this behalf, amend any order as to the
institution to which a juvenile or the child is to be sent or as to the person
under whose care or supervision a juvenile or the child is to be placed under
this Act:
Provided that there shall be at least two members and the parties
or its defence present during the course of hearing for passing an amendment in
relation to any of its order.
(2) Clerical mistakes in orders passed by a competent authority or
errors arising therein from any accidental slip or omission may, at any time,
be corrected by the competent authority either on its own motion or on an
application received in this behalf.
56. Power of competent authority to discharge and transfer
juvenile or child.- The competent authority or the local authority may,
notwithstanding anything contained in this Act, at any time, order a child in
need of care and protection or a juvenile in conflict with law to be discharged
or transferred from one children's home or special home to another, as the case
may be, keeping in view the best interest of the child or the juvenile, and his
natural place of stay, either absolutely or on such conditions as it may think
fit to impose:
Provided that the total period of stay of the juvenile or the child
in a children's home or a special home or a fit institution or under a fit
person shall not be increased by such transfer.
57. Transfer between children's homes, under the Act, and juvenile
homes, of like nature in different parts of India.- The State Government or the
local authority may direct any child or the juvenile to be transferred from any
children's home or special home outside the State to any other children's home,
special home or institution of a like nature with the prior intimation to the
local Committee or the Board, as the case may be, and such order shall be
deemed to be operative for the competent authority of the area to which the
child or the juvenile is sent.
58. Transfer of juvenile or child of unsound mind or suffering
from leprosy or addicted to drugs.- Where it appears to the competent authority
that any juvenile or the child kept in a special home or a children's home or
shelter home or in an institution in pursuance of this Act, is suffering from
leprosy or is of unsound mind or is addicted to any narcotic drug or
psychotropic substance, the competent authority may order his removal to a
leper asylum or mental hospital or treatment centre for drug addicts or to a
place of safety for being kept there for such period not exceeding the period
for which he is required to be kept under the order of the competent authority
or for such further period as may be certified by the medical officer necessary
for the proper treatment of the juvenile or the child.
59. Release and absence of juvenile
or child on placement.- (1) When a juvenile or the child is kept in a
children's home or special home and on a report of a probation officer or
social worker or of Government or a voluntary organisation, as the case may be,
the competent authority may consider, the release of such juvenile or the child
permitting him to live with his parent or guardian or under the supervision of
any authorised person named in the order, willing to receive and take charge of
the juvenile or the child to educate and train him for some useful trade or
calling or to look after him for rehabilitation.
(2) The competent authority may also permit leave of absence to
any juvenile or the child, to allow him, on special occasions like examination,
marriage of relatives, death of kith and kin or the accident or serious illness
of parent or any emergency of like nature, to go on leave under supervision,
for maximum seven days, excluding the time taken in journey.
(3) Where a permission has been revoked or forfeited and the juvenile
or the child refuses or fails to return to the home concerned or juvenile to
which he was directed so to return, the Board may, if necessary, cause him to
be taken charge of and to be taken back to the concerned home.
(4) The time during which a juvenile or the child is absent from a
concerned home in pursuance of such permission granted under this section shall
be deemed to be part of the time foe which he is liable to be kept in the
special home :
Provided that when a juvenile has failed to return to the special
home on the permission being revoked or forfeited, the time which lapses after
his failure so to return shall be excluded in computing the time during which
he is liable to be kept in the institution.
60. Contribution by parents.- (1) The competent authority which
makes an order for sending a juvenile or the child to a children's home or to a
special home or placing the juvenile under the care of a fit person or fit
institution may make an order requiring the parent or other person liable to
maintain the juvenile or the child to contribute to his maintenance, if able to
do so, in the prescribed manner according to income.
(2) The competent authority may direct, if necessary, the payment
to be made to poor parent or guardian by the Superintendent or the Project
Manager of the home to pay such expenses for the journey of the inmate or
parent or guardian or both, from the home to his ordinary place of residence at
the time of sending the juvenile as may be prescribed.
61. Fund.- (1) The State Government or local authority may create
a Fund under such name as it thinks fit for the welfare and rehabilitation of
the juvenile or the child dealt with under this Act.
(2) There shall be credited to the Fund such voluntary donations,
contributions or subscriptions as may be made by any individual or
organisation.
(3) The Fund created under sub-section (1) shall be administered
by the State advisory board in such manner and for such purposes as may be
prescribed.
62. Central, State, district and city advisory boards.- (1) The
Central Government or a State Government may constitute a Central or State
Advisory board, as the case may be, to advise that Government on matter
relating to the establishment and maintenance of the homes, mobilisation of
resources, provision of facilities for education, training and rehabilitation
of child in need of care and protection and juvenile in conflict with law and
co-ordination among the various official and non-official agencies concerned.
(2) The Central or State advisory board shall consist of such
persons as the Central Government or the State Government, as the case may be,
may think fit and shall include eminent social workers, representatives of
voluntary organisations in the field of the child welfare corporate sector,
academicians, medical professionals and the concerned Department of the State
Government.
(3) The district or city level inspection committee constituted
under section 35 of this Act shall also function as the district or city
advisory board.
63. Special juvenile police unit.- (1) In order to enable the
police officers who frequently or exclusively deal with juveniles or are
primarily engaged in the prevention of juvenile crime or handling of the
juveniles or children under this Act to perform their functions more
effectively, they shall be specially instructed and trained.
(2) In every police station at
least one officer with aptitude and appropriate training and orientation may be
designated as the 'juvenile or the child welfare officer' who will handle the
juvenile or the child in co-ordination with the police.
(3) Special juvenile police unit, of which all police officers
designated as above, to handle juveniles or children will be members, may be
created in every district and city to co-ordinate and to upgrade the police
treatment of the juveniles and the children.
64. Juvenile in conflict with law undergoing sentence at
commencement of this Act.- In any area in which this Act is brought into force,
the State Government or the local authority may direct that a juvenile in
conflict with law who is undergoing any sentence of imprisonment at the
commencement of this Act, shall, in lieu of undergoing such sentence, be sent
to a special home or kept in fit institution in such manner as the State Government
or the local authority thinks fit for the remainder of the period of the
sentence; and the provisions of this Act shall apply to the juvenile as if he
had been ordered by the Board to be sent to such special home or institution
or, as the case may be, ordered to be kept under protective care under
sub-section (2) of section 16 of this Act.
65. Procedure in respect of bonds.- Provisions of Chapter XXXIII
of the Code of Criminal Procedure, 1973 (2 of 1974) shall, as far as nay be,
apply to bonds taken under this Act.
66. Delegation of powers.- The State Government may, by the
general order, direct that any power exercisable by it under this Act shall, in
such circumstances and under such conditions, if any, as may be prescribed in
the order, be exercisable also by an officer subordinate to that Government or
the local authority.
67. Protection of action taken in good faith.- No suit or legal
proceedings shall lie against the State Government or voluntary organisation
running the home or any officer and the staff appointed in pursuance of this
Act in respect of anything which is in good faith done or intended to be done
in pursuance of this Act or of any rules or order made thereunder.
68. Power to make rules.- (1) The State Government may, by notification
in the Official Gazette, make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the
foregoing powers, such rules may provide for all or any of the following
matters, namely :-
i. the term of office of the members of the Board, and the manner
in which such member may resign under sub-section (4) of section (4);
ii. the time of the meetings of the Board and the rules of
procedure in regard to the transaction of business at its meeting under sub-section
(1) of section 5;
iii. the management of observation homes including the standards
and various types of services to be provided by them and the circumstances in
which and the manner in which, the certification of the observation home may be
granted or withdrawn and such other matters as are referred to in section 8;
iv. the management of special home including the standards and
various types of services to be provided by them and the circumstances in which
and the manner in which, the certification of the special home may be granted
or withdrawn and such other matters as are referred to in section 9;
v. persons by whom any juvenile in conflict with law may be
produced before the Board and the manner of sending such juvenile to an
observation home under sub-section (2) of section 10;
vi. matters relating to removal of disqualifications attaching to
conviction of a juvenile under section 19;
vii. the qualifications of the Chairperson and members, and the
tenure for which they may be appointed under sub-section (3) of section 29;
viii. the time of the meetings of the Committee and the rules of
procedure in regard to the transaction of business at its meeting under
sub-section (1) of section 30;
ix. the manner of making the report to the police and to the
Committee and the manner of sending and entrusting the child to children's home
pending the inquiry under sub-section (2) of section 32;
x. the management of children's
homes including the standards and nature of services to be provided by them, and
the manner in which certification of a children's home or recognition to a
voluntary organisation may be granted or withdrawn under sub-section (2) of
section 34;
xi. appointment of inspection committees for children's homes,
their tenure and purposes for which inspection committees may be appointed and
such other matters as are referred to in section 35;
xii. facilities to be provided by the shelter homes under
sub-section (3) of section 37;
xiii. for carrying out the scheme of foster care programme of
children under sub-section (3) of section 42;
xiv. for carrying out various schemes of sponsorship of children
under sub-section (2) of section 43;
xv. matters relating to after-care organisation under section 44;
xvi. for ensuring effective linkages between various agencies for
facilitating rehabilitation and social integration of the child under section
45;
xvii. the purposes and the manner in which the Fund shall be
administered under sub-section (3) of section 61;
xviii. any other matter which is required to be or may be,
prescribed.
(3) Every rule made by a State Government under this Act shall be
laid, as soon as may be after it is made, before the Legislature of that State.
69. Repeal and savings.- (1) The Juvenile Justice Act, 1986 ( 53
of 1986) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken
under the said Act shall be deemed to have been done or taken under the
corresponding provisions of this Act.
70. Power to remove difficulties.- (1) If any difficulty arises in
giving effect to the provisions of this Act, the Central Government may, by
order, not inconsistent with the provisions of this Act, remove the difficulty
:
Provided that no such order shall be made after the expiry of the
period of two years from the commencement of this Act.
(2) However,
order made under the section shall be laid, as soon as may be after it is made,
before each House of Parliament. 1
Short title and
commencement.
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