Children's Court

INTRODUCTION
 Children are the paragon of
development and future of a
Nation.
 A safe and healthy environment
must be provided for utmost
nurture of their character.
 A child is born innocent, and he
must be bestowed with a holistic
physical, mental, moral and
spiritual development to make
them one of the duty bound
citizen of this largest democracy.
 Due to several factors, whatsoever
it may be, turns these children into
juvenile delinquent, which means
transforming an innocent child to
a juvenile offender.

INTRODUCTION  A century and a half ago, children were
tried and punished for violations of law
in the same ways as adults.
 The only exception was that a child
under seven years of age was regarded
as not responsible and therefore as
incapable of committing a crime.
 While a child between the ages of seven
and fourteen was regarded as having the
possibility of such discernment as would
make him responsible, as this was to be
decided in each case by an examination.

CHILDREN’S
COURT.
 The Children’s Court is a special court
that deals with cases involving
children and young people.
 A juvenile court (or young offender's
court) is a tribunal having special
authority to pass judgements
for crimes that are committed by
children or adolescents who have not
attained the age of majority.
 Juvenile court is a special court or
department of a trial court, that deals
with under-age defendants who are
charged with crimes, or are
neglected, or are out of the control of
their parents.

CHILDREN’S COURT
 The juvenile court is a judicial tribunal
characterized by special procedures and
distinctive methods of treatment of juveniles.
 It differs from the traditional adult criminal
court in many respects and reflects the
philosophy that an erring child needs protection
and should be rehabilitated rather than be
forced to defend himself under the contentious
criminal justice system meant for adults.

ORIGIN AND
DEVELOPMENT
OFTHE
JUVENILE
COURT
 The criminal courts did not recognize the
distinction between juvenile and adult offenders so
far as their trial and conviction were concerned.
 The children of impressionable age were
incarcerated in prisons and thus thrown into the
corruptive company of hardened criminals.
 However, in course of time, it came to be realized
that the age-old methods of incapacitation and
deterrent punishment based on vengeance needed
to be replaced by humane and compassionate
methods.
 The child was to be "treated" and "rehabilitated"
and the procedure and disposition were, therefore,
to be therapeutic rather than punitive.

ORIGIN AND DEVELOPMENT OF
THE JUVENILE COURT
 In the case of a child the apparent rigidities, technicalities and
harshness, in both substantive and procedural law applied by the
criminal courts, were considered extraneous to his treatment.
 The religious organizations, humanitarians and penologists
joined hands to bring about reforms.
 As a matter of fact, several streams of reforms, such as the
philanthropic movement for humanizing the treatment of
juvenile offenders, the growth of laws providing protection to
dependent and neglected children, and developments in
criminal law and in equity, culminated in setting up the first
juvenile court in theWest.

RESTORATIVE
JUSTICE
MODEL.
 The societal reaction to the offences
done by adults and by children has
been slowly changing from a
punitive to a treatment reaction,
this change has been much more
pronounced in the case of juveniles.
 The official policies for dealing with
juvenile offenders have
incorporated more treatment
methods than have the official
policies for dealing with adult
offenders.

RESTORATIVE
JUSTICE
MODEL.
Juvenile justice, sometimes called
child justice, is often perceived as the
natural playground for restorative
justice.
Restorative justice is an approach
to justice in which one of the
responses to a crime is to organize a
meeting between the victim and the
offender, sometimes with
representatives of the wider
community.
In this process, in which young people
are recognised as persons in
formation, and where the emphasis is
on reparation, also with regard to
victims, the full potential for personal
development is maintained.

CHILDREN’S COURT IN USA
late 1800s
The juvenile justice system was created
in the late 1800s to reform U.S. policies
regarding youth offenders.
1824
In 1824, a juvenile reformatory was established in
NewYork State so that children , after conviction,
would not be confined with adult criminals.
1861
In 1861 the legislature of Illinois authorized the
Mayor of Chicago to appoint a Commissioner
before whom boys between the ages of six and
seventeen could be taken on charges of petty
offences.

CHILDREN’S
COURT IN
USA
 First juvenile court came into existence in
1899 in Chicago.
The Illinois Juvenile Court Act of 1899 was
the first statutory provision in the United
States to provide for an entirely
separate system of juvenile justice.
The court was created to have jurisdiction
over all matters pertaining to youth-
dependent, neglected, and delinquent.
By 1925, a functioning juvenile court
existed in every state except Maine and
Wyoming.
The laws of Illinois in 1931 provided that for
certain offences the penalties for minors
might differ from those of adults.

CHILDRENS
COURT IN
USA
 In 1932, a federal law authorized the
federal courts to divert juvenile cases to
the juvenile courts of the several states.
 In 1938 the federal government
adopted a juvenile courtAct.
 The age of the children coming under
the courts jurisdiction has been raised
from sixteen to eighteen.
 Adults who commit crimes against
children or contribute to the
delinquency or dependency of children
are included in the jurisdiction of many
juvenile courts.

IN RE GAULT (387 U.S. 1, 1967)
 This landmark Supreme Court judgement extended the
procedural safeguards required in juvenile court even
further, giving juveniles many rights similar to those of
adults charged with a crime.
 Fifteen-year-old Gerald Gault was sentenced to a state
reformatory for an indeterminate period that could last
until his 21st birthday for making an obscene phone call.
 The maximum sentence for an adult would have been a
$50 fine or 2 months in jail.

IN RE GAULT
(387 U.S. 1,
1967)
 The case embodied nearly every procedural
irregularity distinctive of juvenile courts: Gault was
detained by the police and held overnight without
his parents being notified; he was required to
appear at a juvenile court hearing the following
day.
 No witnesses were called; there was no sworn
testimony or written record of the court
proceedings; and Gault was not advised of his right
to remain silent or to have an attorney.
 A probation officer filed a pro forma petition
alleging Gault was a delinquent minor in need of
care and custody of the court.
 The Gault decision entitled juveniles to receive
notice of charges against them, to have legal
counsel, to confront and cross-examine witnesses,
to be protected against self-incrimination, to
receive a transcript of the court hearing, and to
appeal the judge's decision.

CHILDRENS
COURT IN
USA
 In 1968 Congress passed the Juvenile
Delinquency Prevention and ControlAct.
 1974 the United States had developed a
strong momentum toward preventing
juvenile delinquency,
deinstitutionalizing youth already in the
system, and keeping juvenile offenders
separate from adults offenders.
 Implementation of the Gun Free School
Act (GFSA) in 1994 is one example of a
"tough on crime" policy that has
contributed to increased numbers of
young people being arrested and
detained.

CHILDRENS
COURT IN UK
 The British legal system introduced
different treatments for young offenders
from 1850s onwards, when reformatory
and industrial schools were first
introduced.
 The introduction of a special court to
handle cases involving children and
young people finally bore fruit in the
Children Act of 1908.
 In England, following the
recommendation of the English Young
Offenders Committee, 57 courts were
set up as juvenile courts under the
Children and Young Persons Act 1933.

CHILDRENS
COURT IN UK
 In 1993, Children and Young Persons
Act formally required the court to take
account of welfare consideration in
all cases involving child offenders.
 The Youth Justice Board is a non-
departmental public body set up by
the Crime and Disorder Act 1998
(Section 41).
 Youth justice system in England and
Wales comprises the organs and
processes that are used to
prosecute, convict and punish
persons under 18 years of age who
commit criminal offences.
 The principal aim of the youth justice
system is to prevent offences by
children and young persons.

CHILDREN’S COURT IN GERMANY
 The German juvenile justice system is based on the
continental European model of justice.
 The primary goal of the German system is not to
punish but to instruct delinquent youth and to
change undesirable behaviour patterns, often by
working within the family.
 Under juvenile law in Germany, those age 18 and
under cannot be tried or sentenced under adult law.
 Germany established a separate system of juvenile
courts in 1923.
 No “punitive turn” can be seen in legislation and
sentencing practice in Germany.

CHILDRENS COURT IN
FRANCE.
 France always put priority on the educational and emotional
needs of youth.
 The country passed its first juvenile court legislation in 1912,
which created a court dedicated to handling juvenile cases.
 The ordinance of 2 February 1945 was further promulgated to
deal with minors in conflict with law.
 These are applied by magistrates and specialized courts:
juvenile magistrates and juvenile courts for minor offences, and
juvenile assize courts for serious offences committed by minors
aged from 16 to 18 years.
 These courts have a duty to decide on, as a matter of priority,
measures for the protection, assistance, supervision and
education of offenders.

ORIGIN AND
DEVELOPMEN
T OF
JUVENILE
COURTS IN
INDIA.
 The establishment of the juvenile
court in this country as well
climaxed a variety of reforms that
immediately preceded it.
 Before the advent of the British
rule, Hindu and Mohammedan
laws were in force in India.
 Neither of the two had any special
provisions to deal with juvenile
offenders.
 Regarding the treatment of
children by parents and
guardians, there was, of course, a
certain Hindu ethical code to the
following effect :

ORIGIN AND
DEVELOPMENT
OF
CHILDREN’S
COURT IN
INDIA.
 A parent should not
administer any punishment
for any offence to a child who
is under five years of age.
 Children of such tender age
should be nursed and
educated with love and
affection only.
 After the age of five,
punishment may be given in
some suitable form, such as
physical chastisement or
rebuke by the parents.

CHILDREN’S COURT IN INDIA.
“Children’s Court’’ means a court established
under the Commissions for Protection of Child
Rights Act, 2005 or a Special Court under the
Protection of Children from Sexual Offences Act
2012, wherever existing and where such courts
have not been designated, the Court of Sessions
having jurisdiction to try offences under the Act.

CHILDRENS COURT
UNDER
COMMISSIONS FOR
PROTECTION OF
CHILD RIGHTS ACT,
2005
It is explained under Chapter v,
Section 25 of the Act. For the
purpose of providing speedy trial
of offences against children or of
violation of child rights, the State
Government may, with the
concurrence of the Chief Justice
of the High Court, by
notification, specify at least a
court in the State or specify, for
each district, a Court of Session
to be a Children's Court to try
the said offences:

Provided that nothing in this
section shall apply if—
(a) a Court of Session is already
specified as a special court; or
(b) a special court is already
constituted, for such offences
under any other law for the time
being in force

SPECIAL COURT UNDER
THE PROTECTION OF
CHILDREN FROM
SEXUAL OFFENCES ACT
2012
CHAPTER VII Section 28 enumerates regarding the
establishment of Special courts
Designation of Special Courts.—
For the purposes of providing a speedy trial, the
State Government shall in consultation with the
Chief Justice of the High Court, by notification in
the Official Gazette, designate for each district, a
Court of Session to be a Special Court to try the
offences under the Act: Provided that if a Court of
Session is notified as a children’s court under the
Commissions for Protection of Child Rights Act,
2005 or a Special Court designated for similar
purposes under any other law for the time being in
force, then, such court shall be deemed to be a
Special Court under this section.

JURISDI
CTION
OF
CHILDRE
N’S
COURT.
Children’s Court
hear the matter of
children between
16-18 years who
have committed
heinous offences.
It has no original
jurisdiction.
It can exercise the
jurisdiction only
on transfer of the
case by the Board.
It is empowered to
hear the appeal
against the orders
of Board.

ORDERS PASSED
BY CHILDREN’S
COURT.
After the receipt of preliminary
assessment from the Board, the
Children’s Court may decide if there is
a need for trial of the Child as an adult
or there is no need for trial of the child
as an adult.
If the Court decide to try the child as
an adult, it may pass appropriate
orders after the trial considering the
special needs of the child.
A wide discretion has been given to
the Children’s Court in passing any
order against a child tried as an adult.

LIMITATION ON THE
DISCRETION OF
CHILDREN’S
COURT.
No child in conflict with law shall
be sentenced to death or for life
imprisonment without the
possibility of release, for any
such offence, either under the
provisions of the Act or under the
provisions of the Indian Penal
Code or any other law for the
time being in force.
While conducting the trial of a
child as an adult, the child shall
not be tried with a person who is
not a child.

LIMITATION ON THE
DISCRETION OF
CHILDREN’S
COURT.
The provisions provide for placing
children in a ‘place of safety’ both during
and after the trial till they attain the age
of 21 years and thereafter, the person
shall be transferred to a jail.
After attaining the age of 21 years, a child
shall be evaluated by the Children’s
Court.
On the evaluation, the child may be
released on probation but if the child is
not reformed then the child will be sent to
a jail for remaining term.

LIMITATION
ON THE
DISCRETIO
N OF
CHILDREN’
S COURT.
If the Court decides that
there is no need for trial of
the Child as an adult, then
it may conduct an inquiry
as a Board and pass same
appropriate orders such as
advice, admonition,
probation or fine that may
be passed by the Board.
The provisions are aimed
to focus on rehabilitation
and reformation of a child
in conflict with law but the
lack of proper
infrastructure and
supporting system has
always frustrated the
purpose.

REMOVAL OF DISQUALIFICATION
 A child who has committed an offence and has been
dealt with under the provisions of this Act shall not
suffer disqualification, if any, attached to a conviction
of an offence under such law.
 This benefit has not been extended to a child who is
sixteen years or above and is found to be in conflict
with law by the Children’s Court and also tried by the
court as an adult.

NO PUNISHMENT FOR RUN
AWAY CHILDREN.
 If a child runs away from the custody of parent or
guardian or fit person or fit institution, any police
officer may take charge of that child.
 Such child shall be produced before the Board
which passed the original order or the nearest
board where the child is found.
 The Board shall ascertain the reasons for the child
having run away and pass appropriate orders for
the child to be sent back either to the institution
or person from whose custody the child had run
away or any other similar place or person, as the
Board may think fit.
 No additional proceedings shall be instituted in
respect of such child.

REPORTS TO BE CONFIDENTIAL.
 All the reports related to the child and
considered by the Board or Children’s Court
shall be treated as confidential.
 Board or Children’s Court shall direct the
destruction of relevant records after the expiry
of period of appeal.
 However, Children’s Court shall retain the
records in matters of heinous crimes
committed by children who were tried as an
adult.

JUVENILE
JUSTICE
BOARD.
 The Juvenile Justice Board is an
institutional body constituted
under Section 4 of the JJ Act, 2015.
 It provides for the inquiry and hearing
in the case of a juvenile in conflict
with law.
 The section also lays down the
qualifications for appointment,
removal, etc of the members of the
Board.
 The procedure in relation to the
working of the Juvenile Justice Board is
contained in Section 7 of the JJ Act,
2015.
 The juvenile Justice Board can make an
order against the juvenile on his being
guilty of having committed an offence,
only under the Juvenile Justice Care
and Protection of Children Act, 2015
and under no other law.

OBJECTIVE OF JUVENILE JUSTICE
BOARD.
To keep the juvenile alleged to be in
conflict with law away from the
accusatory procedure.
To provide the juvenile a child-
friendly environment.
To ensure that the best interests of
children and young people and are
paramount to any proceedings.

JURISDICTION OF JUVENILE
JUSTICE BOARD.
 The Juvenile Justice Board has
exclusive jurisdiction to deal with
the Juvenile in conflict with law not
withstanding any other law for the
time being in force.
 The powers that could be exercised
by the Juvenile Justice Board can be
exercised by the High Court or the
Court of Sessions while dealing with
appeals or revision.

CASE LAWS.
Sant Das v. State of UP, 2003 Cri.LJ 3424
 In this case, the Court held that where
Juvenile Justice Board is not constituted,
the Magistrate concerned has jurisdiction
to deal with cases of juvenile and appeal
will go before the Sessions Judge.
Nanlabhai Kukabhai Rathwa v. State of
Gujarat 2005(33) AIC
 In this case, Court held that if a juvenile is
tried by the Sessions Court in ignorance of
the fact that he is a juvenile, the trial
would stand vitiated.

INFRASTRUCTURE
FACILITIES.
◦ The Juvenile Justice Board should have the following
minimum infrastructure facilities.
◦ A Board Room.
◦ Waiting room for children.
◦ A room for Principal Magistrate and Members.
◦ A record room, Room for Probation Officers.
◦ Waiting room for parents and visitors.
◦ Safe drinking water facility and toilets.
◦ Steno-typist or computer operator.
◦ Peon.
◦ Safai karamchari./cleaning staff.

COMPOSITION OF THE
BOARD.
◦ The Juvenile justice Board shall consist of a Principal Magistrate
and two social worker, one of whom must be a woman.
◦ A judicial Magistrate, First Class or Metropolitan Magistrate may be
appointed as the Principal Magistrate who shall be the head of the
Board.
◦ The two social workers(one being a women) shall be appointed by
the Government through a selection Committee headed by a
retired High Court Judge.

◦ Who has been actively involved
in health, education, or welfare
activities pertaining to children
for at least seven years;
◦ Not less than 35 years of age;
◦ Who has a post-graduate degree
in social work, health, education,
psychology, child development
or any other social science
disciplines.
◦ Selected by a Selection
Committee headed by a retired
High Court Judge.
QUALIFICATIONS
OF SOCIAL
WORKERS.

z
QUALIFICATIONS OF SOCIAL
WORKERS.
Who should not:
 Have been convicted under any law.
 Has indulged in child abuse or
employment of child labour or any other
human rights violations or immoral act.
 Be holding such other occupation that
does not allow him to give the necessary
time and attention to the work of the Board.

z
State of Himachal Pradesh v. Happy,
2019 SCC HP 700.
In this case, it was held by the Himachal
Pradesh High Court that judgement passed by
a single member of the juvenile justice is void
ab initio.
In this case, the impugned order was passed
by a single Magistrate, without fulfilling the
criteria of the composition required for the
functioning of the Juvenile Justice Board.
Therefore, the order was set aside.

z ELIGIBILITY CRITERIA FOR
SELECTION AS MEMBER OF
JUVENILE JUSTICE BOARD.
 Under Section 4(4) of the Act, the eligibility criteria
for selection as a Board member include:
The person will not be eligible if they:
 Have any past record of violation of human rights or
child rights;
 Were convicted of an offence which involved the
ground of moral turpitude and such conviction has
not been reversed or has not been granted pardon.

z
ELIGIBILITY CRITERIA FOR SELECTION AS
MEMBER OF JUVENILE JUSTICE BOARD.
 The person will not be eligible if they
were removed or dismissed from the
services of either the Central
Government or the State Government.
 The person will not be eligible if they
were removed or dismissed from the
services of an undertaking/corporation
owned or controlled by the Central
Government or the State Government.

z
ELIGIBILITY CRITERIA FOR SELECTION AS
MEMBER OF JUVENILE JUSTICE BOARD.
The person will not be eligible if they have ever
indulged in the acts of:
 Child abuse,
 Child Labour,
 Any other violation of human rights or immoral
act.

z
TRAINING
FOR
MEMBERS
OF THE
JUVENILE
JUSTICE
BOARD.
 Under Section 4(5), the
onus of sensitizing and
providing training to all
the Board Members lies
on the State Government.
 It is to be ensured that the
induction training is
provided within a duration
of 60 days from the date
of appointment.

z
TERMINATION/DISQUALIFICATION OF
MEMBERS OF THE JUVENILE JUSTICE BOARD.
Under Section 4(7) of the JJ Act – the appointment of any
Board member, except the Principal Magistrate, may be
terminated, post an inquiry by the State Government if they:
 Were found guilty of misuse of power bestowed upon them
under this Act; or
 Failed to attend the Board proceedings consecutively for
three months without valid reasons; or
 Failed in attending less than three-fourths of the sittings in a
year; or
 Have become ineligible under sub-section 4 during their
tenure as a member.

z
POWERS
GRANTED
TO
JUVENILE
JUSTICE
BOARD.
 The Bench shall have all the powers
conferred by the Code of Criminal
Procedure, 1973 on a Metropolitan
Magistrate or a Judicial First Class.
 Juvenile Justice Act has an
overriding effect and all offences
including the offences under the
NDPS Act, Arms Act, SC/ST
Prevention of Atrocities Act allegedly
committed by a juvenile has to be
inquired into by the Board and not
by the Courts constituted under the
respective special enactments.

z
POWERS OF THE BOARD.
 The Board constituted for any district shall
have the power to deal exclusively with the
proceedings under the Act:
 In the area of jurisdiction of the Board.
 In matters relating to children in conflict with
the law.
 These powers may be exercised by the High
Court or the Children’s Court, when
proceedings under Section 19 come before
them or in appeal, revision or otherwise.

z
Hasham Abbas Sayyad v. Usman
Abbas Sayyad (2007) 2 SCC 355.
 It was held that an order passed by a magistrate
beyond his jurisdiction would be considered void
ab initio.
 When an alleged child in conflict with law is
produced before the Board, it shall exercise its
power to hold an inquiry according to the
provisions of this Act and may pass orders as it
deems fit under Section 17 and 18 of the JJ Act,
2015.

POWERS OF THE BOARD.
 The Board is also empowered to inquire into
heinous offences under Section 15 of the Act. Such
preliminary assessment has to be disposed of
within a period of 3 months from the date of first
production of the child before the Board.
Puneet S. v. State of Karnataka (2019 SCC Online
Kar 1835)
 In this case, the Karnataka High Court held that
only the Juvenile Justice Board has the power to
decide whether an offence committed by a juvenile
is heinous or not.

FUNCTIONS.
Ensuring informed participation of the child & the parent
or the guardian throughout the process.
1.
Ensuring protection of the child’s rights throughout the
process of arresting the child, inquiry, aftercare and
rehabilitation.
2.
Ensuring the availability of legal aid for the child through
various legal services institutions.
3.
Providing a qualified interpreter or translator to the child if
he/she fails to understand the language during the
course of proceedings.
4.

FUNCTION
S.
4.Directing Probation Officer/Child Welfare
Officer/Social Worker to undertake a
social investigation into the case.
Further, directing them to submit the
report within 15 days from the date of
the first production before the Board.
5.Adjudicating and disposing of cases
pertaining to children in conflict with the
law according to the process mentioned
in Section 14.
6.Transferring matters to the Committee in
cases where the child is alleged to be in
conflict with the law, but is stated to be in
need of care and protection at any
stage.

FUNCTIONS.
 Disposing of the matter and passing a final order which
should include an individual care plan for the child’s
rehabilitation. This also includes follow-ups by officers or an
NGO.
 Conducting inquiry for declaring that a certain person is fit
for taking care of the child in conflict with the law.
 Conducting inspection every month of residential facilities
for children in conflict with the law and recommending
various measures for improvement in the quality of services
provided.

FUNCTIONS.
 Ordering the police for registration of FIR
if any offence is committed against any
child in conflict with the law.
 Conducting a regular inspection of jails
meant for adults, to check if any child is
lodged in such jails.
 Taking immediate measures for the
transfer of a child found in jails for adults,
to an observation home.
 Any other function as may be prescribed
to the Board.

PROCEEDING
S IN JJB.
 Petty cases may be disposed of
by the JJ Board by summary
proceedings while in heinous
offences, due process of inquiry
may be followed.
 The Board shall follow the
procedure of trial as in
summons cases.
 Even a single member of the
Board can undertake
proceedings on behalf of the
Board, but such proceedings
need to be confirmed by the
Board in its next meeting.

PROCEEDINGS
IN JJB.
 The final decision shall be
taken by a majority in which
presence of the Principal
Magistrate is mandatory.
 The Principal Magistrate
should have special
knowledge and or training in
child psychology or child
welfare.
 The act casts a duty upon the
State to arrange short term
training for the members and
Principal Magistrate of the
Juvenile Justice Board.

SPECIAL PROCEDURE OF
 The procedure followed in the proceeding
against juvenile offender under the Juvenile
Justice Act, 2015 differ from that of an ordinary
criminal trial, and therefore it can be rightly
termed as ‘special procedure’ in view of the
following considerations:-
 The proceedings cannot be initiated on a
complaint from a citizen or the police.
 The hearing is informal and strictly confidential.
 The Juvenile offender while under detention, is
kept in separate observation Home.

SPECIAL PROCEDURE OF
 The young offender may be reprimanded on security or bond for good
behaviour
 The trial of juvenile in conflict with law is usually conducted by lady
Magistrate specially deputed for the purpose.
 The procedure followed in the trial of juvenile in conflict with law being
informal, he has no right to engage the services of a lawyer in a case.
 No appeal lies against the order of acquittal made by the Juvenile Justice
Board in respect of a juvenile alleged to have committed an offence.
 An appeal shall, however, lie against the order of the Board holding the
juvenile guilty of an offence to the Sessions Court within a period of 30
days whose decision shall be final and there shall be no second appeal.

RELEASE OF JEVENILE ON
BAIL.
 Section 12 of the JJ Act provides that the Juvenile should be
released on bail as a general rule and should be sent to jail only
on special cases.
 A juvenile in conflict with law may be released on bail even by
the officer-in-charge of the Police Station. However, grant of bail
to a juvenile in conflict with law may be denied on the following
grounds-
a) Where there is reasonable apprehension that such release
would bring the juvenile in association with known criminals.
b) There is possibility of his being exposed to moral, physical or
psychological exploitation.
c) Where juvenile’s release on bail would defeat the ends of
justice e.g. Mostly in murder, rape, kidnapping cases etc.

CASE LAW.
Gopinath Ghosh v. State of West
Bengal.
In this case, the Supreme Court
observed that when a juvenile is
brought before the juvenile
justice board or the juvenile
court and in the opinion of the
Court, after release on bail he is
not likely to fall in company of
hardened or known criminals or
exposed to physical, mental or
psychological danger or his
release is not going to result in
failure of justice, the bail should
be granted to him and he should
be released.

WHEN BOARD
REJECTS THE
BAIL
APPLICATION.
Where the board rejects the
bail application of the
juvenile keeping in view the
gravity of the offence and his
antecedents, he should not
be remanded to jail custody
but sent to Observation
Home or any other safe
place or institution.

WHERE
THE
GRAVIT
Y OF
THE
OFFEN
CE IS
LESS.
Where after holding a
preliminary inquiry or
hearing in the case of a
juvenile in conflict with
law, the Juvenile Justice
Board finds that the
offence is not of a
serious nature, then it
may dispose off the case
following the procedure
for trial in summons
case under the Code of
Criminal Procedure,
1973. The inquiry in
such cases shall be
completed within
specified period.

CASE LAW.
Jaipal Singh Tej Singh v. Ram Avtar
Devilal.
The High Court of Madhya Pradesh
held that for allowing the benefit of
release after admonition to the
accused under Section 18 of the JJ Act,
2015, the Court or the Juvenile Justice
Board shall take into consideration the
Circumstances of the case;
The nature of the offence; and
 The character and antecedents of
the accused or juvenile as the case
may be.

DISPOSITIONAL
ORDER.
The Juvenile Justice Board may pass
any of the dispositional order after due
enquiry in the case of juvenile in
conflict with law:-
Admonition;
Group counselling;
 Community Services;
Fine if age of juvenile is above
fourteen years;
Release on Probation;
Detention in Special Homes.

DISPOSITIONAL ORDER.
The dispositional order is in fact a
conviction order but in order to avoid
the use of the word ‘conviction’ which is
accusatory, the term dispositional order
is used.
The dispositional order shall direct the
State or District Child Protection Unit to
arrange adequate counselling or
community service as the case may be,
for the juvenile or get the bond executed
from the parent/guardian/fit person,
where the juvenile is released on
probation for good behaviour or in their

RELEAS
E OF
JUVENI
LE ON
PROBAT
ION.
Probation of good conduct and place him
under the care of his parents, guardian or
any other proper person.
Having regard to the circumstances of
the case, the Board may also direct the
juvenile to enter into a bond, with or
without sureties.
But the period of such order of release on
probation shall not exceed three years.
Besides, the Board may order the
placement of juvenile in a Special Home,
but the period of such placement:-
1)Shall not be less than two years where the age
of juvenile is more than seventeen years but less
than eighteen years.
2)In case of other juveniles, until they cross the
age-limit of 18 years, both for boys as well as
girls.

RELEASE OF JUVENILE
ON PROBATION.
The Juvenile Justice Board is also empowered
to order the placement of the juvenile found
guilty of an offence to be placed under the
supervision of the Probation Officer for a
period not exceeding three years and the
Probation Officer shall submit the periodical
report about the juvenile and his progress in
reformation.
However, where on the basis of the report of
the Probation Officer, the Board finds that
the juvenile is not keeping good behaviour
or it is difficult to keep him under control, it
may order the placement of such

RELEASE OF
JUVENILE ON
PROBATION.
Whenever a child is apprehended, the
big issue is keeping the child in place of
safety because in many districts, still
there is no home or place of safety.
The home or institutions lack
rehabilitative services, training
programmes and basic facilities.
Implementation of orders of probation
or community service is still not
practicable in many instances due to lack
of effective machinery.

ORDERS WICH
CANNOT BE
PASSED BY THE
BOARD.
Section 21 of the JJ Act, 2015 prohibits the
Juvenile Justice Board from making certain
orders against the Juvenile who is found guilty
of an offence.
The following orders cannot be made by the
Board-
a) an order awarding death sentence; or
b) an order awarding the sentence of
imprisonment for life; or
c) an order for imprisonment in default of
payment of fine; or
d) an order for imprisonment in default of
furnishing security.
The purpose of these provisions is to prevent

ORDERS WICH CANNOT
BE PASSED BY THE
BOARD.
The Act does not permits joint trial
of a juvenile with a person who is
not juvenile.
The reason being that if the
juvenile has to go through the
general criminal procedure of
arrest, prosecution, defence,
burden of proof, conviction,
imprisonment etc. as in case of
adult offenders, the very purpose

REMOVAL OF
DISQUALIFICATION
ATTACHING TO
CONVICTION OF
JUVENILE.
Section 24 of the JJ Act, 2015 specifically provides that a juvenile
who has committed an offence and dealt with under the provisions
of this Act, shall not suffer disqualification, if any, attaching to a
conviction of an offence under such law.
The provisions of this section are analogous to those of section 12
of the Probation of Offenders Act, 1958 which removes
disqualifications attaching conviction.
It is for this reason that sub-section (2) of Section 24 requires the
Board to issue directions that the relevant records of conviction of
juvenile should be removed after expiry of a period of seven years.
The object of this section is to make sure that conviction of the
juvenile does not spoil or tarnish his future life.
The publication of name, address, name of school or any other
detail, which may reveal identity of the juvenile is prohibited as

DISPOSAL OF PENDING
CASES.
A special provision has been incorporated in
Section 99 of the JJ Act, 2015 in respect of
pending cases.
It provides that notwithstanding anything
contained in this Act, all proceedings in
respect of Juvenile pending in any Court in any
area on the date on which this Act came into
force shall be continued in that Court as if the
Act had not been passed and if the Court finds
that the Juvenile has committed an offence, it
shall record such findings and instead of
passing any sentences, forward the juvenile to
the Board which shall pass orders in respect of

COGNIZANCE OF OFFENCE.
• The cognizance of offences falling under Section 74
to 79 of the JJ Act, 2015 shall be taken by the Board
on a police report or a private complaint.
• The Juvenile Justice Board shall take cognizance of
violations under Section 99 for publication of name,
identity etc under suomotu or on a complaint by
someone.
• The crime against children are defined under the Act
in order to protect human rights of the children.

PUNISHMENT
FOR
NONPAYMENT
OF FINE OR
SECURITY.
• In the old Act of 2000, no child
could be punished for non-
payment of fine or security but in
the new Act of 2015 there is no
prohibition clause.
• Hence, for recovery of fine or in
default of giving security, the
provisions of code of criminal
procedure will be applicable.
• However, where a child is not
earning or have no means to pay
the fine or security, any
proceedings against the child will
not serve the purpose.

APPEAL.
• An appeal against order passed by the Board shall lie to
the Children’s Court.
• But there is an exception to this general rule that where
an order is passed by the Board after making the
preliminary assessment into a heinous offence under
section 15 of the Act, an appeal shall lie before the
Court of Sessions.
• No second appeal shall lie from any order of the Court
of Sessions, passed in appeal under this section.

APPEAL.
• No appeal shall lie from any order of acquittal made
by the Board in respect of a child alleged to have
committed a petty offence, serious offence and
heinous offence committed by a child below 16 years
but an appeal shall lie against the acquittal order of
Board in case of heinous offence committed by a
child who is between 16-18 years.
• In case of orders of the Children’s Court, the
appellate authority is High Court.

SHORTCOMINGS REGARDING
JUVENILE JUSTICE BOARD AND
CHILDREN’S COURT.
• The preliminary assessment is done by the Board to
determine adulthood of a child.
• The assessment is with regard to his mental and physical
capacity to commit such offence, ability to understand the
consequences of the offence and the circumstances in
which the allegedly committed the offence.
• Even after the preliminary assessment and referral order of
Board, the Children’s Court is again bound to determine
the adulthood of the referred child.

SHORTCOMINGS
REGARDING
JUVENILE
JUSTICE BOARD
AND
CHILDREN’S
COURT.
• The Board or the Children’s Court for
the preliminary assessment take the
assistance of experienced
psychologists or psycho-social
workers or other experts.
• The availability of experienced
psychologists or psycho-social
workers is a question mark before the
practicability of this provision.
• There is no clear provision with
regard to the orders to be passed by
Board after enquiry in heinous crimes
committed by children between 16-18
years.

SHORTCOMINGS REGARDING JUVENILE
JUSTICE BOARD AND CHILDREN’S COURT.
• There is no provision in the Act as to what orders the Board
shall pass after enquiry in heinous offence which has been
done by a child between 16-18 years. The Act is silent
regarding the same.
• There is also a lack of clarity on Appellate powers. All order
passed by Board except an order of preliminary assessment
may be challenged before the Children’s Court. But the
proviso to this subsection says that in case of any delay in
filling appeal, delay can be condoned only by a session court.

SHORTCOMING
S REGARDING
JUVENILE
JUSTICE BOARD
AND
CHILDREN’S
COURT.
• It is a general principle of criminal law
that an appellate court is empowered not
only to hear the appeal, but also
empowered to condone the delay. The
object behind this provision is not clear.
• This Act provided for separate institution
for processing, treatment , rehabilitation
of the neglected and delinquent children,
and also says about involvement of many
agencies at various stages to deal with
juvenile justice process.
• But in reality maximum states of India
were lacking basic infrastructure like
juvenile welfare Boards, courts,
observation homes, rehabilitation centres
etc.

CONCLUSION.
• There are several factors behind the involvement of children in criminal
activities, such as poverty, unemployment, broken families, lack of
parental control, etc.
• The new legislation provides a response to these factors through the
procedure of reformative justice.
• It acknowledges the fact that children require special care and protection
instead of treating them in the same manner which led to their
engagement in criminal activities.
• The Juvenile Justice Board and Children’s Court should deal with such
children in conflict with the law in the best possible manner so that they
can be integrated into society as a contributing member at a later stage.

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