Juvenile Justice Act 2015 at section level…

Core facts

Act: Juvenile Justice (Care and Protection of Children) Act, 2015 (Act 2 of 2016); assent 31 December 2015, in force 15 January 2016; 112 sections, 10 chapters; repealed the JJ Act 2000 (s.111). Model Rules: 2016.
s.1(4): the Act applies to all matters about children in need of care and protection and children in conflict with law, notwithstanding anything in any other law (apprehension, detention, prosecution, penalty, rehabilitation).
s.2 definitions (most asked):
- 2(12) child: a person who has not completed 18 years of age.
- 2(13) child in conflict with law: alleged or found to have committed an offence and not completed 18 years on the date of the offence.
- 2(14) child in need of care and protection: a list of twelve situations (no home or means, working against labour law, begging or living on the street, abused or at risk, mentally ill or disabled without support, unfit or abusive parent, orphan or abandoned, missing or run-away, trafficked, victim of armed conflict or disaster, at risk of child marriage).
- 2(33) heinous offence: minimum punishment of 7 years or more.
- 2(45) petty offence: maximum punishment up to 3 years.
- 2(54) serious offence: 3 to 7 years; after 2021 also offences with a maximum above 7 years and no minimum or a minimum below 7.
- child welfare officer: an officer attached to a Children's Home, carrying out the directions of the Committee or the Board.
- Children's Court: a court under the Commissions for Protection of Child Rights Act 2005 or a POCSO Special Court; where neither is designated, the Court of Session.
- probation officer: an officer appointed as probation officer under the Probation of Offenders Act 1958, or the Legal-cum-Probation Officer appointed by the State under the Integrated Child Protection Scheme (posted in the DCPU) (s.2(48)).
s.3: 16 general principles (listed in Explained). Key words: presumption of innocence, best interest, institutionalisation as a last resort, fresh start, diversion.
JJB (s.4): one or more per district; a Metropolitan Magistrate or Judicial Magistrate of the First Class (not a CMM or CJM) with 3 years' experience, called the Principal Magistrate, plus two social workers, at least one a woman. Tie in opinion: Principal Magistrate's view prevails (s.7(4)).
Claim of juvenility can be raised before any court, at any stage, even after final disposal (s.9(2)).
s.10: a child apprehended is placed with the Special Juvenile Police Unit or the child welfare police officer, and produced before the Board within 24 hours (journey time excluded). Never in a police lock-up or jail.
s.12 bail: the child shall be released, with or without surety or under a probation officer's supervision, unless release would bring the child into association with known criminals, expose the child to moral, physical or psychological danger, or defeat the ends of justice.
s.13: police inform the parent or guardian and the probation officer, who prepares the social investigation report (SIR) for the Board within two weeks.
s.14 inquiry: complete within 4 months of first production, extendable by 2 months; preliminary assessment within 3 months. Unfinished petty cases after the extended time stand terminated.
s.15 preliminary assessment: only for a heinous offence by a child aged 16 or above; the Board looks at mental and physical capacity, ability to understand the consequences, and the circumstances; may use psychologists or psycho-social workers.
s.18(1) orders (child found in conflict with law): advice or admonition, group counselling, community service, fine, probation of good conduct with a parent or fit person or a fit facility (up to 3 years), or special home up to 3 years.
s.18(3): if the Board finds a need to try the child as an adult, it transfers the case to the Children's Court.
s.19: the Children's Court decides on adult trial; a child sentenced is kept in a place of safety till 21, then may go to jail (s.20 review at 21).
s.21: no death sentence and no life imprisonment without possibility of release.
s.23: no joint trial of a child with an adult. s.24: finding of guilt is not a disqualification; records are destroyed after the appeal period.
CWC (s.27): Chairperson + 4 members, at least one woman and one child-matters expert; term up to 3 years. Meets at least 20 days a month (s.28); tie: Chairperson's view prevails.
s.29: where a CWC exists, it deals exclusively with all proceedings about children in need of care and protection.
s.31: child produced before the CWC within 24 hours, by police, a public servant, CHILDLINE or an NGO, a child welfare officer or probation officer, any social worker or citizen, a doctor or hospital, or the child himself or herself.
s.38: CWC declares a child legally free for adoption (orphan or abandoned: after 2 months of search for a child up to 2 years, 4 months above 2 years; surrendered: after the 2-month reconsideration period).
s.94 age: school or matriculation certificate → municipal or panchayat birth certificate → only if neither exists, an ossification or medical age test, finished within 15 days.
s.107: a child welfare police officer in every police station and a Special Juvenile Police Unit in every district.

Explained

1. The sixteen principles of s.3.

No.	Principle	Meaning in short
i	Presumption of innocence	a child under 18 is presumed innocent of malafide or criminal intent
ii–iii	Dignity and worth; participation	equal dignity; the child is heard
iv	Best interest	primary consideration in every decision
v–vi	Family responsibility; safety	family first; no harm in the system
vii	Positive measures	resources used to promote well-being
viii	Non-stigmatising semantics	no adversarial or accusatory words
ix–x	Non-waiver of rights; equality	rights cannot be waived; no discrimination
xi	Privacy and confidentiality	identity protected (see s.74)
xii	Institutionalisation as a last resort	home only after reasonable inquiry
xiii	Repatriation and restoration	back to family as early as possible
xiv	Fresh start	past records erased, except in special cases
xv	Diversion	out of judicial proceedings where possible
xvi	Natural justice	fair hearing, no bias, review

2. Who does what.

Point	Juvenile Justice Board	Child Welfare Committee
Section	s.4 (powers s.8)	s.27 (powers s.29, functions s.30)
Deals with	child in conflict with law	child in need of care and protection
Head	Principal Magistrate (MM / JMFC)	Chairperson (not a magistrate)
Inspection	at least one visit a month to homes for children in conflict with law	at least two visits a month to homes for children in need of care

The JJB decides guilt and orders, so it is led by a magistrate. The CWC is not a court of trial, but it functions as a Bench with the powers that criminal procedure gives a Metropolitan Magistrate or JMFC for its own work (s.27).

3. Path of a child in conflict with law.

Apprehension (s.10) by police → SJPU or CWPO → Board within 24 hours. The Model Rules forbid handcuffs, chains or fetters, and a child is never held in a police lock-up or jail (s.10 proviso).
Bail (s.12) is the rule. If not released by the police, the child goes to an observation home; if not released by the Board, to an observation home or place of safety.
Information and SIR (s.13): parent, guardian and probation officer told; SIR within two weeks.
Inquiry (s.14): petty offences by summary procedure; serious offences by the summons-case procedure; heinous offences by a child under 16 also by the summons-case procedure; heinous offences by a child 16–18 go through s.15.
Review of pendency (s.16): the CJM or CMM every 3 months; a high-level committee chaired by the Executive Chairperson of the State Legal Services Authority every 6 months.
Final order: s.17 (not in conflict with law; may refer to the CWC) or s.18 (found in conflict with law), with an individual care plan and follow-up by the probation officer or DCPU.

4. Section 18 at a glance.

18(1) for petty or serious offences, and heinous offences by a child under 16: (a) advice or admonition after counselling; (b) group counselling; (c) community service; (d) fine on the child or parent (labour laws respected if the child works); (e) probation of good conduct in the care of a parent, guardian or fit person, on a bond, up to 3 years; (f) probation of good conduct in a fit facility, up to 3 years; (g) special home up to 3 years for reformative services (education, skills, counselling, behaviour therapy, psychiatric support).
18(2) extra orders: attend school or vocational or therapeutic centre, stay away from named places, attend a de-addiction programme.
18(3) transfer to the Children's Court after a s.15 assessment.

5. CWC: powers, functions, orders.

s.30 functions (selected): take cognizance of children produced; direct a child welfare officer, probation officer, DCPU or NGO to prepare a social investigation report; declare fit persons; arrange foster care; make an individual care plan; inspect institutions; certify surrender deeds; declare a child legally free for adoption; take suo motu cognizance; act for the rehabilitation of sexually abused children reported under POCSO.
s.32–34: anyone who finds a child separated from family must report to CHILDLINE, police, CWC or DCPU within 24 hours; non-reporting is an offence (up to 6 months or fine up to ₹10,000 or both).
s.35 surrender: parents get 2 months to reconsider.
s.36 inquiry: SIR within 15 days; orphan, surrendered or abandoned children below 6 go to a Specialised Adoption Agency where one exists.
s.37 orders: declaration that the child is in need of care; restoration to family; placement in a Children's Home, fit facility or Specialised Adoption Agency; fit person; foster care; sponsorship; directions for care; declaration of legally free for adoption.

6. JJ (Amendment) Act 2021. Assent 7 August 2021; in force 1 September 2022 (with amended Model Rules 2022).

Serious offence redefined to cover the Shilpa Mittal gap (max above 7, no minimum).
District Magistrate (incl. ADM): issues adoption orders (s.61); reviews the CWC's work every quarter and hears grievances against it; supervises the DCPU; recommends registration of child care institutions; independently inspects agencies.
CWC members: new disqualifications (record of human-rights or child-abuse violation, conviction for moral turpitude, removal from government service, being in the management of a child care institution).
Offences under the JJ Act itself (Chapter IX, offences against children) punishable with 3–7 years made non-cognizable (s.86).

Common traps

✗ "Child means a person who has completed 18." ✓ A child has not completed 18 (s.2(12)).
✗ "Heinous = maximum 7 years or more." ✓ Minimum 7 years or more (s.2(33)); max above 7 with no minimum is serious (2021).
✗ "Preliminary assessment for every child accused of a heinous offence." ✓ Only children 16 or above (s.15).
✗ "s.18(3) transfer goes to the Court of Session." ✓ To the Children's Court; the Court of Session acts only where no Children's Court is designated.
✗ "The JJB is headed by a Chief Judicial Magistrate." ✓ A Metropolitan Magistrate or JMFC (Principal Magistrate).
✗ "Special home stay up to 5 years." ✓ Up to 3 years (s.18(1)(g)); probation of good conduct is also up to 3 years.
✗ "A juvenile convicted as an adult goes to jail at once." ✓ Place of safety till 21, then a review (s.19, s.20).
✗ "Child welfare officer is attached to an observation home." ✓ Attached to a Children's Home, for directions of the Committee or the Board.
✗ "CWC inspects once a month." ✓ CWC twice a month; JJB once a month.
✗ "Ossification test is the first proof of age." ✓ It is the last resort after school and birth certificates (s.94).

Quick revision

JJ Act 2015 (Act 2 of 2016), in force 15 Jan 2016, 112 sections; Model Rules 2016.
s.2(12) child < 18; 2(13) CCL by age on date of offence; 2(14) CNCP; 2(33) heinous min 7+; 2(45) petty ≤3; 2(54) serious 3–7.
s.3: 16 principles; last resort, fresh start, diversion, best interest.
s.4 JJB: MM/JMFC + 2 social workers (1 woman); s.8 powers; tie → Principal Magistrate.
s.10 24 hours, no lock-up; s.12 bail is the rule; s.13 SIR in 2 weeks.
s.14 inquiry 4 + 2 months; s.15 assessment (16+, heinous) in 3 months.
s.18: admonition, counselling, community service, fine, probation ≤3 yrs, special home ≤3 yrs; 18(3) → Children's Court.
s.19–21: place of safety till 21; no death, no life without release.
s.27 CWC: Chair + 4; meets 20 days/month; s.29 exclusive power; s.31 production in 24 hrs; s.38 legally free.
2021 amendment (in force 1 Sep 2022): DM/ADM adoption orders and oversight; serious offence widened.

Go deeper: Deeper (beyond what APPSC Paper I usually asks)

Deeper Advanced

Why age on the date of offence. Since Pratap Singh (2005), juvenility is fixed by the age on the date of the offence, and the 2015 Act writes this into s.2(13). So a person who is 20 when caught for an act done at 17 is still dealt with by the Board (s.6), but kept in a place of safety, not an observation home with younger children; s.5 covers a child who turns 18 during the inquiry.

Preliminary assessment is not a trial. The Explanation to s.15 says the assessment is not a trial but a judgement on capacity and understanding. The Board's order on it can be appealed to the Court of Session (s.101(2)); most other orders of the Board or CWC go, within 30 days, to the Children's Court, and CWC orders on foster care and sponsorship go to the District Magistrate (s.101(1)).

The new criminal laws. From 1 July 2024 the BNS, BNSS and BSA replaced the IPC, CrPC and Evidence Act. The JJ Act itself was not replaced; its references to "the Code of Criminal Procedure" (summary and summons-case trial) and to the IPC (heinous offences) are now read with the BNSS and BNS. A heinous offence is still judged by its minimum punishment in whichever law applies.

Role of the probation officer under the Act. The probation officer writes the SIR (s.13), supervises a child released on bail or probation (s.12, s.18), prepares and follows the individual care plan, and sends follow-up reports for children placed under s.19. So the probation officer works with every child in conflict with law (on bail, in an observation home, or under an order), not only with a child placed on probation.

Example 1. Under s.18(3), after a preliminary assessment, the Board transfers the trial of a child to: (a) Court of Session (b) Special Court (c) JMFC (d) the Children's Court having jurisdiction Solution. s.18(3) names the Children's Court. Answer: (d)

Example 2. Which is not allowed for a child in conflict with law? (a) apprehension by police (b) production within 24 hours (c) use of handcuffs (d) release on bail Solution. Fetters and handcuffs are prohibited. Answer: (c)

Example 3. A Child Welfare Committee deals with: (a) children in need of care and protection (b) children in conflict with law (c) both (d) only abandoned children Solution. The CWC handles children in need of care and protection (abandoned children are one kind). Answer: (a)

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4.1.1 Juvenile Justice Act 2015 at section level: definitions, Boards, Committees and procedure

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Core facts

Explained

Common traps

Quick revision

Deeper Advanced