Probation and Juvenille Justice Act

A PAPER ON PROBATION ACT, 1958 & JUVENILE JUSTICE
ACT FOR THE DEGREE OF T.Y.L.L.B.
CODE OF CRIMINAL PROCEDURE
(THROUGH UNIVERSITY OF MUMBAI)
SUBMITTED BY PRACHI RATHOD

(ROLL NO. 2223342)
SUBJECT TEACHER: Ms. RAJANI

LALA LAJATPATRAI COLLEGE OF LAW (LLC)
MUMBAI
AUGUST 2022
PROBATION AND JUVENILE JUSTICE ACT PRACHI A. RATHOD T.Y.L.L.B. (Roll No. – 2223342)
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Sr.No. Particulars Page No.
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1 Introduction Of Probation Act 3
2 4
Scope And Background

3 5
Aim And Objective Of Probation

4 6
Statutory Provisions Under The Act

5 7
Admonition
6 8
Probation On Good Conduct

7 9
Cost And Compensation

8 10
Offenders Under 21 Years Of Age

9 11
Report Of Probation Officers
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10 12
Salient Features Of The Act

11 13
The Offence For Which Probation Cannot Be Granted Under The Act
12 14
Pit-Falls In Probation System In India

13 Introduction Of Juvenile Act 15
14 17
The Historical Evolution Of Juvenile Justice Act In India

15 18
Juvenile Justice Is Construed

16 19
Ipc And Crpc Effect In Juvenile Justice

17 20
Juvenile Justice System Comparison On Global Level

18 21
Juvenile Justice Act, 1986
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19 22
Juvenile Justice Act Of 2000

20 24
Juvenile Justice Care And Protection Act, 2015

21 26
Salient Features Of The Juvenile Justice Act, 2015-

22 27
Important Definitions Under The Act

23 28
Recent Amendments In The Juvenile Justice Act Bill 2015 Passed By

The Lok Sabha
24 29
Recommendations Of The Justice Verma Committee Report, 2013

25 30
General Principles Of Care And Protection Of Children

26 33
What Are Two Categories Of Children Who Are Protected Under The
Juvenile Justice
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27 35
What Is The Institutional Care Provided For The Juveniles?

28 41
Role Of Social Workers And Non-Governmental Organisations?

29 44
Limitations
30 45
Procedure In Relation To Children In Conflict With The Law

31 48
Child Welfare Committee

32 52
Offences Against Children

33 53
Conclusion
34 54
Reference:
INDEX
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INTRODUCTION
“Hate the crime and not the criminal”. You might have heard this a zillion times. This means
that we need to eliminate crime and for this the elimination of criminals is not required. The
Criminal Law in India is more into reforming offenders rather than punishing them. It is true
that punishment gives a sense of satisfaction to the society as well as to the victim, but this
does not reform the criminals. Especially in the cases of imprisonment, once the person is out
of prison, he is back to his old ways of infringement of rights. This is common in the cases of
youth criminals. Their minds are not mature and get diverted when engaged with several
criminals in jail.
Thus, instead of keeping the accused with hardened criminals in jail, the court may order
personal freedom on the basis of good behaviour. The court can also grant a supervision
period for the accused. The main aim behind the Probation of Offender Act, 1958 is to give
an opportunity to offenders to reform themselves rather than turning into hardened
criminals. Section 562 of the Code of Criminal Procedure,1898 (after amendment it stands
as Section 360 of the Code of Criminal Procedure, 1973) provides that any person not below
twenty-one years of age who may have not been convicted for an offence for imprisonment
up to seven years or not convicted to death or imprisonment of life can be released on the
basis of probation for good conduct.
The Act is based on a reformative approach which has come over the years from the Doctrine
of Deterrence. It has been observed that the offender’s readjustment in society decreases after
the release. They might also face problems while working with professional delinquents. This
creates an undesired impact on the convicted and his/her life afterwards. The Probation of
Offender Act, 1958 saves minor offenders from becoming regular criminals. This is done by
providing them with a chance to reform themselves rather than getting into prison. The
probation officer amicably reaches to the needs and difficulties of the accused and tries to
solve the problem. This is done for the person convicted of minor crimes.
The Probation Officer is the key human being in the process of Probation management. He
contacts the Probationer directly. He is responsible for upholding the provisions of the court’s
probation order. He carries out two primary functions which consist of the Probation offender
presentence investigation and supervision of the offender. The Probation of Offender Act,
1958 aims at providing the release of the accused if he has been found not guilty of an
offence not punishable with death or life imprisonment after due admonition. It has been
enacted to provide the offenders with an opportunity to prove that they can improve their
behaviour and can live in a society without harming them.
It is also to be kept in mind that reformation doesn’t always work. Sometimes the crimes are
so heinous and abhorrent and the criminals are so unrepentant that punishment of such crimes
is important. For some cases, reformation is not useful and punishment is best to safeguard
the society by locking them for life.
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SCOPE AND BACKGROUND
The Act is a landmark in advancing the new liberal reform movement in the penology field. It
is the result of the recognition of the doctrine that criminal law is more about reforming the
individual offender than about punishing. Probation has its influence from the juvenile justice
system of “positivism” which has its development from the ideologies of the criminal justice
system. The origin of probation was traced in the early practices of the English law and
experienced development in the 19th century. However, the development of probation began
in the early twentieth century, when various countries like Europe and North American began
to initialize methods to reduce the consequence of severe punishments. Imprisonment became
the most common mode of penal sanction.
From early 1800 to the present date, probation has tried to reform, remake, remould the
offenders into honest, good and law-abiding citizens. In India, the main legal articulation to
the reformatory framework for the probation theory is found in procedural code. Later
the Children Act, 1908 additionally enabled the court to discharge certain guilty parties
waiting on probation because of their good conduct. The extent of arrangements of probation
law was expanded further by the enactment in 1923 resulting in the Indian Jails Committees
Report (1919-1920). In 1931 the Government of India arranged a Draft Probation of
Wrongdoers Bill and flowed it to the then Provincial governments for their perspectives.
A Bill on Probation of Offenders was introduced in Lok Sabha on November 18, 1957. A
Joint Committee was formed to consider the Bill allowing for the release of prisoners on
probation or after proper admonition and related matters. On 25 February 1958, the Joint
Committee delivered its report to Lok Sabha. In Parliament, the Probation of Offenders Act
was adopted on the advice of the Joint Committee. Probation in India is used as an
institutional method of treatment. The western does not allow the use of institutional methods
for probation. They administer probation by voluntary organisations of sociologists and
psychologists. They consider that the judges should not interfere with this.
The Indian system says that the judiciary should solely vest in the probationary laws. This is
so because the power of probation will be vested upon the voluntary and extrajudicial
agencies which lack judicial methods and techniques. This would create a serious problem as
these organisations will have their own values and considerations. Sociologists and
psychologists will be concerned only upon the reformations of the offender and not the legal
implication of the reformative measure. Probation is subjected to judicial review
under Article 226 of the Indian Constitution which will eventually allow the judges to bring it
under judicial scrutiny.
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AIM AND OBJECTIVE OF PROBATION
The main aim and objective of probation is to permanently reform the lawbreakers. It
involves moulding the habits into constructive ways by rehabilitation and reformation. The
objective is to give a chance to the anti-social person to willingly cooperate with society. This
will also give him social protection and security. It is a substitution for imprisonment.
Imprisonment will not always serve the purpose of eliminating crime. The object of Probation
Law is more to reform the offender than to punish him. This is what we generally call
Probation. Simply, it can be understood as the conditional release of an offender on the
promise of good behaviour.
The aim of this Section was to reform the young offender who might have committed the
crime under the influence of bad company or ignorance. The object is to remould and save
them from the hardened criminals who might distract them to the path of crimes. This Section
also helps the persons of mature age who may have committed the crime in influence. They
are expected to be good citizens of the country.
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STATUTORY PROVISIONS UNDER THE ACT
The provision is broadly classified into procedural and substantive general laws dealing with
probation of the offenders.The first provision to deal with probation was in Section 562 of the
Code of Criminal Procedure,1898. After the amendment in 1973, the probation was dealt
with in Section 360 of the Code of Criminal Procedure. This Section says that if:
Any person who is not below twenty-one years and is convicted of a crime for which the
punishment is imprisonment for seven years or is convicted for an offence punishable with
fine.
Or any person who is below twenty-one years or if any women convicted of an offence not
punishable with imprisonment of life or death and no previous conviction is proved against
the offender.
And appears before the court, regardless of the circumstances in which he has committed the
offence, the court might release the offender on the promise of good conduct.
The court might release him on entering the bond for good conduct and peace instead of
punishing the offender with imprisonment.
In this case of Jugal Kishore Prasad v. The State of Bihar, the Supreme Court stated that the
aim of the law is to deter the juvenile offenders from turning into obdurate criminals as a
result of their interaction with seasoned mature-age criminals in case the juvenile offenders
are sentenced to incarceration in jail. It is observed that the Act is in accordance with the
present trend of penology, which says that effect should be made with accordance to change
and remould the offender and not to retribute justice. Modern criminal jurisprudence
recognises that no one is born criminal. A good number of crimes are a result of a socio-
economic environment.
The Probation of the Offenders Act, 1958 excludes the application of Section 360 of the Code
of Criminal Procedure, 1973 whenever the Act is applied. Section 3 to Section 12 of the
Probation of the Offender Act, 1958 deals with the procedures of the court to deal with the
release of the offenders. The important aspects of the provisions are discussed in five ways:
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ADMONITION
Section 3 of the Probation of the Offenders Act,1958 deals with the power of court to release
the offender after admonition. An Admonition, in literal terms, means a firm warning or
reprimand. Section 3 says how the offender is benefited on the basis of admonition after
satisfying the following conditions:
When any person is found guilty of committing an offence under Section 379 or Section

380 or Section 381 or Section 404 or Section 420 of the Indian Penal Code,1860 or any
offence punishable with imprisonment for not more than two years, or with fine, or with both,
under the Indian Penal Code, or any other law
An offender should not previously be convicted for the same offence.
The Court considers the nature of the offence and the character of the offender.
The Court may release the offender on probation of good conduct applying Section 4 of the
Act, instead of sentencing him.and,
The Court may release the offender after due admonition, instead of sentencing him.
CASE LAWS
Keshav Sitaram Sali v. The State of Maharashtra, AIR 1983 SC 291 – In this case, the
appellant was an employee of the Railways at the Paldhi Railway Station. He abetted the
execution of a charcoal theft crime committed by Bhikan Murad in the case before the
Special Judicial Magistrate First Class (Railways), Bhusawal, on the charges of charcoal
stealing. The learned Magistrate acquitted the appellant of that crime, and the State
Government filed an appeal before the Bombay High Court against the acquittal judgment
passed by the learned Magistrate. He was charged with a fine of Rs. 500 and in default of
payment, rigorous imprisonment for two months. The subject matter of theft was a quantity
of coal valued at Rs. 8. The Supreme Court held that in case of minor thefts, the High Court
should extend the benefit of Section 3 or Section 4 of the Probation of Offenders Act,1958 or
Section 360 of the Code of Criminal Procedure,1973 rather than imposing fines.
Basikesan v. The State of Orissa, AIR 1967 Ori 4 – In this case, a 20-year-old was found
guilty of an offence under Section 380 of the Indian Penal Code,1860. It was held that the
youth had committed the offence not deliberately and so the case must be applied for Section
3 of the Probation Act and be released after admonition.
Ahmed v. The State of Rajasthan, AIR 1967 Raj 190 – In this case, the court said that the
benefit of the Probation of the Offenders Act does not extend to anyone who has indulged in
any activity that resulted in an explosive situation leading to communal tension.
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PROBATION ON GOOD CONDUCT
Section 4 of the Probation of the Offenders Act,1958 talks about the release of the offender
on the basis of good conduct. It is a very important Section of the Act. The important points
that must be remembered for the application of this Section are:
Section 4 of the Act is not applicable if the offender is found guilty of an offence with death
or imprisonment for life.
The Court has to consider the circumstances of the case including the nature of the offence
and the character of the offender.
The court may pass a supervision order to release the offender on probation of good conduct.
The supervisory period is not to be shorter than one year. The probation officer must
supervise the individual for such a span in such a situation. In the supervisory order, the name
of the probation officer should be listed.
The Court can direct the offender to execute a bond, with or without sureties, to appear and
receive sentence when called upon during such period which should not exceed a period of
three years. The court may release the offender on good behaviour.
The Court may put appropriate conditions in the supervision order and the court making a
supervision order explain to the offender the terms and conditions of the order. Such
supervision order should forthwith be furnished to the offender.
Probation officer’s report is not compulsory to enforce this rule, but if the information is
required on record, the Court shall take into account the probation officer’s information
before granting a probation order for good behaviour.
CASE LAWS
Smt. Devki v. The State of Haryana, AIR 1979 SC 1948 – In this case, it was observed that
Section 4 would not be extended to the abominable culprit who was found guilty of abducting
a teenage girl and forcing her to sexual submission with a commercial motive.
Dalbir Singh v. The State of Haryana, AIR 2000 SC 1677 – In this case, the court took the
opinion that it is appropriate for the defendant to be placed on probation for his good conduct,
given that the facts of the situation are needed to be taken into account. One of the
circumstances informing the aforementioned opinion which cannot be omitted is “the essence
of the offence.” Thus, Section 4 can be redressed where the court recognizes the
circumstances of the situation, in particular the “character of the crime,” when the court
decides whether it is reasonable and necessary for the execution of a defined reason that the
defendant should be released on the grounds of good conduct.
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Phul Singh v. the State of Haryana, AIR 1980 SC 249 – In this case, the court held that the
provision of Section 4 should not be mistaken and applied easily in undeserving cases where
a person in early twenties commits rape. The court, thus, refused the application of probation
on such heinous nature of crime and convicted the person.
COST AND COMPENSATION
Section 5 of the Probation of the Offenders Act, 1958 says that if any person is released under
Section 3 or Section 4 of this Act, even then the court might order:
The offender to pay compensation to the victim for the loss or the injury occurred to him. Or
Cost of the proceeding as the court may think reasonable.
CASE LAWS
Rajeshwari Prasad v. Ram Babu Gupta, AIR 1961 Pat 19 – The amount of compensation is
purely on the discretion of the court to grant if it thinks it is reasonable in the case. Thus,
deciding the amount of compensation, it is solely the court’s discretion to require payment
and costs where it finds.
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OFFENDERS UNDER 21 YEARS OF AGE
Section 6 of the Probation of the Offenders Act,1958 talks about the restriction on the
imprisonment of offenders under twenty-one years of age. This provision says that offenders
who are under 21 years of age are not sent to prison where the offence is not so serious as to
warrant imprisonment for life or death. Important points to be remembered before the
application of Section 6:
In cases where the accused is below 21 years of age, the Court shall call for the report of the
Probation Officer. If the court’s opinion is not desirable with offender either on the ground of
admonition (Section 3) or on the ground of release on probation of good conduct (Section 4),
the Court can pass sentence of imprisonment on the offender who is under 21 of years ago
but the Court cannot sentence him without recording reasons for doing so. The Court has an
obligation to see whether Section 3 or 4 of the Act applies or not. For this purpose, the Court
must call for the report of the Probation Officer. Therefore, the report of the Probation
Officer is mandatory when the offender is under 21 years of age.
The court considers the nature of the offence and the character, physical and mental condition
of the offender before making any decision.
It is difficult for the court to come to a conclusion whether Section 3 or Section 4 applies or
not unless the Court considers the report of the Probation Officer, therefore, the report of the
Probation Officer is mandatory under Section 6 of the Act.
On receiving a report, the Court peruses it and decides whether the offender can be released
on admonition or probation of good conduct or not.
After receiving the report, if the court orders that the offender shall not be released, applying
Section 3 or Section 4 of the Act, the Court can pass sentence to the offender recording the
reasons for doing so.
CASE LAWS
Daulat Ram v. The State of Haryana 1972 SC 2434 – In this case, it was held that the aim of
this Section was to protect the youth. The juvenile offenders would not be sent to jail if their
crime was not as serious as to punish them with life imprisonment or death. Therefore, the
provision should be liberally construed keeping in view the spirit embodied therein.
Ramji Nissar v. The State of Bihar; AIR 1963 SC 1088 – In this case, the Supreme Court
observed that the object of the Act, 1958 is to prevent the turning of youthful offenders into
criminals by their association with hardened criminals of mature age within the walls of a
prison. The method adopted is to attempt their possible reformation instead of inflicting on
them the normal punishment for their crimes. The person’s age problem is important not for
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the purpose of assessing his or her guilt, but rather for the purpose of punishing the crime for
which he or she is found guilty. Consequently, if a court determines that the defendant was
not under the age of 21 on the day the court found him guilty, Section 6 does not apply.
REPORT OF PROBATION OFFICERS
Section 7 of the Probation of the Offenders Act,1958 deals with the clause that the report of
the probating officer is kept confidential. No Probation Officer’s report is necessary to apply
Section 4 of the Probation of Offenders Act but such report is must under Section 6 of
Probation of Offenders Act if the offender is under 21 years of age.
However, if such a report is available on the record, under Section 4 of the Act, the Court
shall not ignore it and that the Court shall take the report into consideration.
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SALIENT FEATURES OF THE ACT
The most important salient feature of the act is
The Probation of Offenders Act of 1958 is aimed at modifying novice prisoners by

rehabilitating them in the society and avoiding the progression of juvenile offenders into
obdurate criminals under environmental control by locking them in prison with hardened
criminals.
This seeks to release first offenders, following proper admonition or notice with advice who
are suspected to have committed an offence punishable under Section 379, Section 380,
Section 381, Section 404 or Section 420 of the Indian Penal Code and even in case of any
crime punishable with incarceration for not more than two years, or with fine, or both.
The Act demands that the Court can order such compensation and the costs of the prosecution
for reimbursement by the accused as it finds fair for the damage or injury to the victim.
This Act empowers the Court to free those prisoners on probation in good behaviour if the
crime supposedly perpetrated is not punishable by death or imprisonment for life. He will,
therefore, be kept under control.
The Act gives the Judge the right to modify the terms of the bail after a prisoner is placed on
probation with good behaviour and to prolong the probation period not to exceed three years
from the date of the initial order.
The Act offers extra protection for people under the age of twenty-one to prevent sentencing
him to prison. However, a person found guilty of a crime punishable by life imprisonment
can not have this clause.
The Act empowers the Court to grant a warrant of arrest or summons to him and his
guarantees compelling them to appear before the Court on the date and time stated in the
summons if the defendant placed on bail refuses to comply with the terms of the bond.
Under the terms of this Act, the Act empowers the Judge to try and sentence the defendant to
jail. The High Court or any other Court may even make such an order when the case is put
before it on appeal or in revision.
The Act offers a significant function for probation officers to support the Court and oversee
the probationers under its supervision and to guide and support them in seeking appropriate
work.
The Act applies to India as a whole except for Jammu State and Kashmir. This Act shall
come into force in a State on such date as the Government of the State may designate, by
notice in the Official Gazette. It also gives state governments the right to put the Act into
force on multiple dates in different parts of the State.
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THE OFFENCE FOR WHICH PROBATION CANNOT BE GRANTED
UNDER THE ACT
There are certain cases in which the Probation of the Offender Act is not applicable. In
normal circumstances the Probation of the Offender Act is not applicable to:
Section 409, 467 and 471 of the Indian Penal Code – these Sections deal with breach of trust
by public servants, forgery of valuable security and will and documents used as a genuine
forgery. In Rev vs By Adv. Sri P.K.Ravisankar and State Of Gujarat vs V.A. Chauhan, on 3
February 1983, the court did not grant release of the offenders on the basis of Section 3 and
Section 4 of the Probation of the Offenders Act,1958.
Probation of the Offenders Act,1958 does not grant the release on the grounds of kidnap or
abduction. In the case of Smt. Devki v. State of Haryana, AIR 1979 SC 1948 it was observed
that Section 4 would not be extended to the abominable culprit who was found guilty of
abducting a teenage girl and forcing her to sexual submission with a commercial motive.
The Act refrains from providing release of habitual offenders. In the case of Kamroonissa v.
the State of Maharashtra, AIR 1974 SC 2117, the appellant was charged with the theft of
gold. She was punished by rigorous imprisonment. She was under 21 years of age. The
probation officer thus requested the court to grant her the release under Sections 3 and 4 of
the probation of the offender’s Act. The court refused the claim by addressing that the
appellant had been engaging in various crimes before and was arrested in 1971.
Section 325 of the Indian Penal Code – This Section speaks about the violence that causes
grievous hurt. Thus, the Probation of the Offender Act does not provide a release on this
basis.
State of Sikkim v. Dorjee Sherpa And Ors– In some cases, the Court does not take technical
views and should take into account certain considerations, such as the risk of work losses, to
invoke the provisions of the Probation of Offenders Act even in serious offences. This was
also argued that the Court would also take into account that convicts belonging to middle-
class families with no criminal record frequently become victims of situations due to the
unwelcome business and other negative forces available to these young generations.
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PIT-FALLS IN PROBATION SYSTEM IN INDIA
There are certain pitfalls in the probation system:
It is difficult in many situations to determine whether the criminal is a first offender or a

recidivist. There is, therefore, a possibility that an offender who is otherwise recurrent may be
admitted to probation and may not react favourably to this technique of correction.
Section 4 of the Probation of Offenders Act, a main provision of the Act, does not make it
compulsory to supervise a person released on probation unless the court orders release a
person on probation after entering into a bond with or without immunity. This is not in line
with the probation philosophy which considers supervision important to the offender’s
interests
Section 6 of the Act allows the court to take into account the report of the probation officer
when it is appropriate to take a decision to grant or deny probation to an offender under the
age of 21, but many times court decisions are made without any report. Again, this goes
against the spirit of morality that is enshrined in the Probation Act. This is basically because
of the poor judiciary system.
The lack of real interest in social service among the probation personnel presents a major
problem in selecting the right persons for this arduous job.
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JUVINILLE JUSTICE ACT
INTRODUCTION
“There can be no more intense discovery of a society’s spirit than how it treats its
youngsters.”
-Nelson Mandela
“With their inception, youth lawfulness has preceded the belief that the youngsters and
juveniles, by dint of their relative immaturity, are less ready to control their desire, less ready
to comprehend the reality of the offences and less ready to foresee the consequences of their
action.”
– John Pitts
An apparent set of principles focused on reformation and rehabilitation has dominated

academic and political discourse concerning the drafting of laws related to juvenile justice
and children in conflict with the law. The Juvenile Justice Act of 1986 and its subsequent
amendments can be considered in many ways a landmark in signifying changes in the thought
process of lawmakers. At the turn of the 21st century, a need was felt to update the laws
bearing in mind prescribed standards set by the UN Convention on the Rights of the Child,
1989.
The UN Standard Minimum Rules for Administration of Juvenile Justice, 1985, as well as
the UN Rules for Protection of Juveniles Deprived of their Liberty, 1990. The legislative
exercise subsequently culminated into the Juvenile Justice (Care and Protection of Children)
Act, 2000, along with the Juvenile Justice (Care and Protection of Children) Model Rules of
2000, are replaced by the Juvenile Justice (Care and Protection of Children) Model Rules of
2007.
In the wake of the 2012 Delhi gangrape and murder case, one of the accused, who was a
juvenile, was sentenced to three years in a reformation home as per the provisions of the
juvenile justice Act, 2000. In light of the Supreme Court judgement upholding the
constitutional validity of the Act, in December 2015, the Delhi High Court held itself to be
bound by the provisions and refused to extend the sentence of the accused. This led to a
widespread feeling of a failure of justice, with the masses protesting in unity with the victim’s
family. Drawing much flak from various sections to correct the supposed gap in the previous
act, the government delivered the juvenile justice (Care and Protection of Children) Bill,
2014, which was surpassed by the Parliament in its present shape on 22nd December 2015. It
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acquired the President’s assent on 31st December 2015, and came into impact on 15th
January 2016, as the juvenile justice (Care and Protection of Children) Act, 2015.
In order to achieve the objectives of the United Nations Convention on the Rights of the
Child as ratified by India on 11 December 1992, the Juvenile Justice Act has been
promulgated. The procedural guarantees applicable to children in conflict with the law are
specified in this law. The current law addresses the problems of the existing law, such as
delays in adoption processes, the high number of pending cases, the accountability of
institutions, and so on.
The law also addresses the growing number of crimes committed by children aged 16 to 18 in
recent years and by children in conflict with the law. Since January 15, 2016, the Juvenile
Justice (Care and Protection of Children) Act, 2015 has come into force. It repeals the
Juvenile Justice (Care and Protection of Children) Act, 2000.
If a child is found guilty of committing a crime, then the Juvenile justice board takes several
measures regarding the minor’s reformation and they are as follows:
Allow the child to return home after proper advice and caution regarding the crime that the
child has committed and what is the punishment of that crime as per the provisions of law.
Juvenile justice boards sometimes also instruct the children to engage in social work and
social welfare so that this engagement can help in imparting good social values in the accused
child.
It also makes children busy in group counselling and group activities as much as possible so
that the child can learn the value of working together and can learn how to cooperate with
each other in a society.
If the child has committed a grave crime then, in that case, the child can be sent to the reform
house for a minimum of 3 years or it can be exceeded if required.
Sometimes the Juvenile justice board releases the convicted child on trial if the child is seen
to exhibit good conduct towards the society or an individual.
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THE HISTORICAL EVOLUTION OF JUVENILE JUSTICE ACT IN
INDIA
The United Nations Minimum Rules for Administration of Juvenile Justice of 1985 ratified

by the United Nations Member States in Beijing in 1985, also known as the Beijing Rules, set
out the rules, general principles and rules governing investigation and prosecution,
adjudication, delivery, non-institutional treatment and institutional treatment. Two essential
concepts are explained in these principles. They are-
Diversion– If children are treated in the criminal justice system, stigmatizing criminality
increases the authority of the child, whose authority has been established from Rule 11 of the
Criminal Code. Therefore, these principles aim at minimizing the contact of minors with the
criminal justice system. To divert the child from the system, the second part of the rule
legitimizes police officers, prosecutors and other authorities. This is why juvenile court
judges do not wear the black coat and other judicial officials also try not to be as formal and
put the child or minor at ease.
Detention– A deliberate sentence imposed on minors but imposed for the shortest possible
period and called “detention as a last resort”.
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JUVENILE JUSTICE IS CONSTRUED
A juvenile felon is an adolescent who has been convicted or has been found condemned for
an offence that is punishable by law. Such a juvenile is known as Child in Conflict with Law
(CCL) according to juvenile justice (Care and Protection of Children) Act, 2015. This
meaning of ‘Juvenile’ is obscure and bears no solid importance and requires more further
discussion. Further, the act done by a child under seven years old is found in strife with the
law and not treated as an offence and isn’t culpable under any act and such a child is
certifiably not a criminal according to Section 82 of Indian Penal Code. Thus, a child whose
age is under seven years old can’t be known as a juvenile and is not convicted of any crime.
The specific juvenile justice Body and its partners need to control the juvenile offences as
well as wrongdoings. An offence is any conduct that is culpable under the separate lawful
system and juvenile misconduct is any conduct done by juveniles which is anomalous to the
society and not culpable under the Indian Penal Code. In the Indian juvenile justice system,
no reprobate child(wrongdoing) is responsible to confront the legitimate procedures for their
conduct reformation.
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IPC AND CRPC EFFECT IN JUVENILE JUSTICE
IPC and CrPC have a huge effect in dealing with the crime of minors in Juvenile Justice. We
have seen in the above arguments how sections of Juvenile Justice Act, 2015 explain about
the whole constitution of Juvenile justice board and explain in detail about the requirement
needed to be a member of Juvenile justice board and in what circumstances they can be
terminated. But, IPC and CrPC also play a major role in deciding the cases of a juvenile by
proper implementation of sections of Criminal law.
The Indian Penal Code (IPC), 1860 demarcates the punishment of a child, on the basis of age.
According to Section 82 of IPC, “Nothing is an offence which is done by a child under seven
years of age.” And, Section 83 of IPC clearly states that “Nothing is an offence which is done
by a child who is above seven years of age and under the age of 12 who has not attained
sufficient maturity to understand the consequences of their actions. These both sections of
IPC give a better view of the Juvenile justice board.

In the context of CrPC, the code of criminal procedure talks about the jurisdiction of
juveniles through the help of Section 27. According to Section 27 of CrPC, any offence
committed by a person who is below the age of 16 whose punishment does not include death
or imprisonment will be dealt with the law which provides treatment, training, imparting
good social values and rehabilitation of convicted minors.
Another Section of CrPC which is most essential for Juveniles so that the juveniles can be
benefited from it is Section 437 of The Code of Criminal Procedure. According to this
section, any child who is convicted of any crime can request or demand anticipatory bail
which is maintainable in the High Court as well as the Court of Session.
However, since there are very few cases of anticipatory bail for minors, The Juvenile Justice
Board finds it difficult to deliver judgments and thus making the system of anticipatory bails
in case of minors, more time consuming than in the case of adults.
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JUVENILE JUSTICE SYSTEM COMPARISON ON GLOBAL LEVEL
Juvenile Justice is a concept which is prevalent in India as well as other Countries where the
Juvenile Justice is on the rise. As above, the UN General Assembly adopted a Convention on
the Rights of the Child and made the member state adhere to it and follow the rules and
principles which were laid down in that convention for the security and protection of child
rights and development of a child.
The juvenile justice system in the US is a flexible, effective and most active system among
all the countries. In India children who commit crime are put under trial and put in
rehabilitation to reform the child and change his behaviour and teach the value of
togetherness and other social values. But, in the US the juvenile is also treated as an adult if
the age of juvenile is nearer to be adult or in the circumstances where the juvenile is a
repeated offender.
The juvenile justice system in the UK came in the year of 1908 in England and juvenile
courts were set up in order to protect the rights of the children and care of the children. In the
UK the Juvenile court also focuses on the negative element which is present in the society
which affects the children to inhabit negative elements and commit crime towards the society
as well as an individual. And to make this Juvenile justice more effective in the UK they
came up with two acts i.e. Children and Young Offenders Act,1993 and Criminal Justice Act,
1948.
The Children and Young Offenders Act, 1993 act provides immense powers to the juvenile
court in the UK. Any child who commits offence will be put into trial in Juvenile court and
not in any other court. Whereas, the Criminal Justice Act, 1948 deals with the rights of the
minor offenders or juvenile offenders. The main motive of this act was to provide security to
the juveniles and also protect the rights of juveniles.
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JUVENILE JUSTICE ACT, 1986
Following the adoption of the United Nations Minimum Rules for Administration of Juvenile

Justice of 1985, the term “minor” used in international law was coined for the first time. With
the adoption of the Juvenile Justice Act of 1986, this change in terminology had a
considerable effect on domestic law.
Before 1979, while Lakshadweep, Arunachal Pradesh, Tripura, Chandigarh and Sikkim had
the Children’s Act but they did not apply it. In the case of Assam and Himachal Pradesh,
although the laws have been enforced, no institution has been created to deal with the same
thing and Nagaland does not even have a separate law for children. The Children’s Acts have
been applied in 236 of the 334 districts in the case of other Indian states. In the mid-1980s,
out of 444 districts, the number of children’s laws was increased to four hundred and forty-
two.
As from October 2, 1987, the Juvenile Justice Act 1986 was applied by notification in all
areas where it was extended. The need is for uniform laws over time for juvenile justice
throughout the country and for the need to implement uniform laws that are fulfilled by the
Juvenile Justice Act of 1986. In addition, there are States with no law in the area of justice of
the sixteen, as well as uniformity at the national level. The Juvenile Justice Act, 1987 is
nothing more than a full copy of the Children’s Act, 1960 which makes only minor and
valueless changes here and there; some of them are as described below:
A significant symbolic semantic change in the preamble, the words maintenance, social
assistance, training and education, has been replaced by the words training and development.
Similarly, the minor term has been replaced by the word child. The most benevolent and
appropriate judgment of judgment on certain issues related to the trial rules and regulations.
Section 2 of the Juvenile Justice Act of 1986 contains new definitions of a suitable person, a
suitable institution and a safe place. A minor who was or was likely to be abused or exploited
for illegal or immoral purposes or for an unjustified gain also included in the definition of a
neglected child had been expanded to include.
Section 10 of Juvenile Justice Act of 1986, does not change the current status of Section 11 of
Juvenile Justice Act of 1986, which provides for the temporary reception of juveniles of all
varieties in the juvenile justice system. the houses of observation, of their antecedents.
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Sections 52, 53 and 54 of Juvenile Justice Act of 1986 also provided for the establishment of
social welfare and juvenile rehabilitation funds, the establishment of advisory councils and
the appointment of visitors to juvenile institutions.
JUVENILE JUSTICE ACT OF 2000
The Indian legislator made a sincere effort in adopting the 2000 Act to inculcate the
principles set out in the UN Conventions, such as the CRC, the Beijing Rules and the 1990
Rules. minors were promulgated to deal with offences committed by minors in a manner
supposed to be different from the law applicable to adults according to the Supreme Court of
India. The rehabilitation of the minor is the main concern of the Juvenile Justice Act, 2000
and not the adversarial procedure to which the courts are generally accustomed. A complete
change in the mentality of those with the power to do so is necessary for its implementation,
without which it will be almost impossible to achieve its goals.
Applicability of the Act
The Supreme Court held that, to the extent that the appellant was concerned about the
applicability of the Juvenile Justice Act 2000 in the case of Jameel v. the State of
Maharashtra[1]. Since the offence of unethical intercourse was committed in 1989, the
Juvenile Justice Act 2000 was not enforced and it is not disputed that the appellant at the time
of the accident had 16 years old.
A boy under the age of 16 or a girl under the age of 18 is considered a minor within the
meaning of the Juvenile Justice Act 1986. Since the implementation of the Juvenile Justice
Act 2000, the accused was over the age of 18, arguing that the Juvenile Justice Act 2000
would apply since the accused did not have attained the age of 18 on the date of the event, is
not defensible. Notably, the Juvenile Justice Act 2000 is categorically unenforceable because
the accused was 16 years old.
Non-applicability of any other Act for the time being in force
The Supreme Court ruled that regardless of the nature of the offence committed, juvenile
justice law should prevail in juvenile cases in Raj Singh v. State of Haryana[2]. When the
juvenile plea can be raised, at any time, even after the person has been convicted by the court
of the first instance, the plea of a minor can be raised.
Juvenile Justice Board
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Section 4 of the Juvenile Justice Act of 2000 deals with the establishment and constitution of
the council and also empowers the state government to establish a juvenile justice board for a
district or group of districts. A child who has committed an offence may be brought before a
member of the board if the board is not chaired in accordance with Section 5(2). Section
6(1) conferred on the Commission exclusive powers under the 2000 Juvenile Law in Conflict
with the Law Act to hear all court proceedings.
Juveniles in conflict with the law
Observation points must be set up in each district or group of districts for the temporary
reception of these minors for the duration of the survey. Special shelters must be set up to
receive and rehabilitate these minors, which implies that orders have already been issued by a
juvenile justice council in such cases in each district or group of districts. Given the
physical/mental health and the nature of the offence, the minor must be classified according
to his age.
Process
No juvenile may be housed in a police jail or in prison for any reason. Under Section 32, the
Committee, any police officer or special juvenile police unit or designated police officer shall
conduct an investigation in the manner prescribed upon receipt of a report and order send the
child to the children’s home so that a quick inquiry can be conducted. the worker or child
protection officer may be approved by the Committee, alone or on the report of a person or
body referred to in subsection 32(1).
The investigation must be completed within four months of receipt of the order or within the
shorter time limit set by the Committee under Section 32(1), and the deadline for the
submission of the report of investigation may be extended. that the Committee may,
depending on the circumstances and for reasons stated in writing, determine. If, after
completion of the investigation, the Committee is of the opinion that the child has no
apparent family or support, he or she may allow the child to remain in the children’s home
until his/ her rehabilitation is found or until he reaches the age of 18.
Children’s home
The state government, alone or in association with one or more voluntary organizations, may
establish and maintain homes in each district or group of districts, as the case may be, to
accommodate children in need of care and protection. during free time. any investigation and
thereafter for their care, treatment, education, training, development and rehabilitation.
The state government may provide for the management of children’s homes, including the
standards and the nature of the services they must provide, as well as the circumstances under
which and the manner in which the certification of a children’s home or the recognition of a
voluntary organization may be granted or withdrawn under rules made under this Act.
Inspection
Inspection committees may be appointed by the state government for the state, district and
city children’s homes, as the case may be, for the period and for the prescribed purposes. It is
prescribed that the inspection committee of a state, district or city must be composed of the
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number of representatives of the state government, the local authority, the committee, an
organization volunteer and other medical experts and social experts. The operation of
children’s homes can be monitored and evaluated by central and state governments during the
period and through the persons and institutions designated by that government.
JUVENILE JUSTICE CARE AND PROTECTION ACT, 2015

The accompanying Act of Parliament obtained the consent from the President on 31st
December 2015 and is thus circulated for general info. This is an Act to combine and amend
the law associated to children which are positively asserted and found in conflict with the law
and the child needs to provide care and security by taking into account their essential needs
through legitimate consideration, assurance, advancement, treatment, social re-mix, by
embracing a child cordial approach in the mediation and removal of issues to the most
progressive growth of the child and for their restoration through procedures given, and
organizations and bodies as mentioned in the recent amendment of juvenile justice Act 2015
Section 1(1)(2)(3)(4) it represents that:
This Act might be popularly known as the juvenile justice (Care and Protection of Children)
Act, 2015.
It reaches out to the entire of India aside from the State of Jammu and Kashmir.
It will come into power on such date as the Central Government may, by notification in the
Official Gazette, choose.
Notwithstanding anything contained in some other law for now in power, the social
arrangements of this Act will apply to all issues concerning child’s needs care and security
and youths in strife with law, including anxiety, confinement, arraignment, appropriate
punishment or detainment, restoration and social re-incorporation of kids in a struggle with
law.
The increase in the number of crimes (including rapes) committed by juveniles (aged 16 to
18) was the main reason to introduce the new legislation. More retributive than reforming, the
new law raised several questions. The new law is considered retributive because it contains
provisions for teenagers who commit a heinous crime (punishable by 7 years or more) must
be tried as adults but in the juvenile court. The child found guilty of the heinous crime is sent
to a safe place until the age of 21, after which he is transferred to prison. The children’s court
ensures it. This means that the benefit of a child is not granted to the minor when found guilty
of committing a heinous crime.
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Many protesters criticized the new law on minors for being unconstitutional. The Court noted
that in Rule 4 of the United Nations Standard Minimum Rules for the Administration of
Juvenile Justice, in the case of Pratap Singh v. the State of Jharkhand [3], one had to give all
its importance to the moral and psychological elements even when responsible for a crime.
According to Professor Ved Kumari [4], if a 16-year-old commits a heinous crime and his is
punishable by 7 years of imprisonment, he must be brought before the Juvenile Justice
Council, which decides on the physical and mental capacity of the child; if the minor
committed such an offence has the ability to understand the consequences of the offence and
under what circumstances the offence was committed. This work of the Juvenile Justice
Commission is difficult and there is a good chance of uncertainty.
Many activists have raised another problem, namely that the 2015 law violates the spirit
of Article 20(1), which states that a person can not be sentenced to a harsher sentence than
that which would have been applied to him or her. by the law of the country. Under the new
law, if a sentenced minor reaches the age of 21 but has not completed his entire sentence, he
can be sent to prison if deemed appropriate. This new law undermines the spirit of Article
20(1).
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SALIENT FEATURES OF THE JUVENILE JUSTICE ACT, 2015-
Definition of ‘child in need of care and protection’ expanded– Under the new law, the
definition now also includes a child caught working in violation of labour law, with imminent
risk of marriage before reaching the legal age for the same resides with a person who has
threatened or threatened to hurt, exploit, abuse or neglect the child or to violate any other law,
or whose parents or guardians are unable to care from him.
Child Welfare Committee is no longer the final authority in cases of children in need of care
and protection– Anyone related to the child may apply to the district judge, who will review
and make appropriate orders as a district judge. the authority of the Child Protection
Committee.
Procedure for inquiry– Unlike children for whom production reports have been received, the
Child Protection Committee must now investigate any child produced before it. Orphaned
and delivered children are also included in the procedure.
An extensive definition of ‘adoption’ provided– The rights of the child have been recognized
and a detailed definition of adoption has now been provided.
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IMPORTANT DEFINITIONS UNDER THE ACT
In the Indian juvenile justice system, the ‘child in Conflict with Law’ is utilized in place of
juveniles. In this way, the Child in Conflict with Law is smarter to be utilized as opposed to
utilizing juveniles. The ideas conceived by the term’s ‘juveniles’ ‘child’ and ‘child in
Conflict with Law’ have contrasts and similitudes. In this way, complete deserting the term
‘juvenile’ is unimaginable.
Below tables shows the similarities and contrasts of the three terms:
Similarities Contrasts
A child born after birth referred to as a teen.

younger than 18
1 Child A child may be in Conflict in Law in needs of care and
years.
security.
A juvenile has a lower age limit as per section 82 of Indian

younger than 18 Penal Code, he must be over 7 years of age.
2 Juvenile
years. A child who faces legitimate procedures in the claim of an
offence or wrongdoing.
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Child in conflict younger than 18 A child who faces legal proceedings in the allegation for an
3
with the law. years. offence.
Important Definitions
Section 2(13) of the juvenile justice act 2015 signifies a child who is in conflict with the law
and asserted or found to have convicted an offence and not finished the 18 years of age on the
date of the delegation of such an offence.
Section 2(35) characterizes the significance of a juvenile as “juveniles” and a child

underneath the age of 18 years.
Juvenile Justice (Care and Protection of Children) Rules, 2016 are the primary rules. The
constitution of India and UN Standard Minimum Rules for the Administration of juvenile
justice, 1985 also known as the Beijing Rules are guiding fountains. United Nations
Convention on the Rights of the Child, 1989 known as UNCRC is the source of all protection
issues for children.
Rule 2.2 of the Beijing Rules mentioned

A juvenile is a child or young person who, under the governing legal systems, may be dealt
with an offence in a manner that is different from an adult.
An offence is any behaviour (act or omission) that is punishable by law under the respective
legal systems.
A juvenile offender is a child or young person who is alleged to have committed or who has
been found to have committed an offence.
RECENT AMENDMENTS IN THE JUVENILE JUSTICE ACT BILL

2015 PASSED BY THE LOK SABHA
These are 14 notable changes mentioned below:
Depending upon the severity of crime like a crime committed atrociously and brutally, the
juveniles between the ages of 16 to 18 years have the trial and the legal proceedings in adult
courts.
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Any child that is convicted of any crime will currently be sent for a preliminary evaluation
for a time of a quarter of a year (3 months), earlier it is one month now extended to three
months.
Another clause on fair trial is included, under which the evaluation or assessment period will
investigate the special needs of the child, under the child-friendly atmosphere.
The child will not go through any form of disqualification or elimination in education or jobs
due to being guilty of any crime under the Act.
The guilty records shall be ruined after the completion period of appeal, except in the case of
atrocious crimes.
The time period to rethink the decision of adoption is changed from one to three months.
The aftercare of a child shall be unrestricted to one month in institutional care.
Receive financial aid more than one time after evacuating institutional care.
Priority for disabled children in interstate adoption.
Increase in the time period for left alone children kept under observation in child care
facilities from 30 days to 60 days.
In the case of an inevitable situation, it will not be considered purposely or willfully giving
up the child by biological parents.
Consultation and advice from experienced psychologists and medical specialists if an order
passed against the child.
Training of special juvenile units in the police force.
NCPCR and SCPCR will be the nodal specialists to be liable for observing implementation,
the exposure of the amended act, and to investigate cases that emerge out of the act.
Recommendations of the Justice Verma Committee Report, 2013
The Justice Verma Committee was framed in 2013 to audit criminal laws and to make
proposals considering the 16th December 2012 Delhi Gangrape case. The Committee got a
scope of recommendations, including the proposal that the time of juvenile blamed for
egregious wrongdoing must be characterized as one underneath 16 years old and the
individuals who are 16 years or more should be treated as an adult in a courtroom and must
not be presented with the Juvenile Justice Act 2000. On this particular issue, the board of
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trustees held a wide scope of consultations with the attorneys, women rights activists, child
experts, psychologists and child rights activists. The report of the board of trustees mentioned
that if a small child is old enough at 16 years, he committed a crime and was sentenced for a
long term, at the time when he completes his term in jail he will turn to 30 years and this also
points out the terrible condition of rehabilitation programs in Indian jails.
GENERAL PRINCIPLES OF CARE AND PROTECTION OF

CHILDREN
General standards to be followed in the organization of Act- The Central Government, the
State Governments, the Board, and different offices, by and large, while executing the
provisions of this Act will be guided by the accompanying basic principles, specifically:
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Section 3 of the Juvenile Justice Act 2015 states the principles of care and protection of
children:
Principle of the Best Interest of the Child- “Best interest of the child” signifies the reason
for any choice taken with respect to the child, to guarantee satisfaction of his fundamental
rights and needs, character, social prosperity and physical, enthusiastic and scholarly
improvement.
The Principle of Presumption of Innocence- It will be regarded all through the procedure
of justice and protection, from the underlying contact to elective consideration, including
aftercare. Any unlawful behaviour of a child which is done for endurance, or is because of
environmental or situational factors or is done under the control of adults, or peer groups.
Principle of Right to maintain privacy and Confidentiality- Each child has an option to the
right of his protection and privacy by all methods and all through the legal procedure. No
report of the juvenile will be distributed that may prompt the recognition of the juvenile but
to the situations where the exposure of their distinguishing proof identity would cause
protection of them.
Principle of equality and non-discrimination- That there shall be no discrimination against

a child on any grounds including sex, caste, ethnicity, place of birth, disability and equality of
access, opportunity and treatment shall be provided to every child. Every single suitable
measure should be taken to ensure that the child is secured against all types of discrimination
or punishment based on the status, activities, expressed opinions or convictions of the child’s
parents, lawful guardians, or family members.
Principle of Participation- The child should be provided with an opportunity to being

involved and the child who is capable of forming his or her own views has the right to
express those views freely in all matters which is affecting the child’s growth and
development, the views of the child is given due importance in accordance with the age and
maturity of the child.
Principle of institutionalization- It is a measure of last resort, in certain circumstances the

family is not capable of taking care of the well being of the child and when the child has no
family to be cared for and there is no one to look after the child, the government must make
alternative provisions.
Principle of Diversion- Diversion presents a few preferences when contrasted with the
conventional criminal justice framework which can be excessively unbending, awkward,
slow and inert to the necessities of children who are often first-time or non-genuine
offenders. Police are the first point of contact between the juvenile and the juvenile justice
Board or the court and as such the police think that it is not essential to proceed for the
juvenile to the judicial bodies on the consideration that the rights of the child, protection of
the society and the rights of the victims, they may divert the juvenile from the formal court
processes based on the acts and rules.
Principles of Natural Justice- Every child should be treated fairly and equally, regardless of
his or her race, ethnicity, colour, gender, language, religion, political or another opinion,
national, ethnic or social origin, property, disability, and birth or another status. In certain
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cases, special services and protection will need to be instituted to ensure children’s rights are
met equally.
Principle of Family Responsibility- Guardians or parents of a juvenile must be associated

with the groundwork for the inquiry and trial and be available when it happens. They ought to
be educated by police, investigators or judges that a conventional request will happen and
that they are welcome to join in.
Principle of Dignity and worth- The treatment of the child will be predictable with the
child’s feeling of pride and worth. Every single person is brought into the world free and
equivalent in poise and rights. They are invested with reason and conscience and should act
towards each other in a soul of fellowship (Article I of UN Declaration Human Rights). All
children will be managed with respect due to their inherent dignity and human beings.
Principle of Safety- The state has a greater responsibility for ensuring the safety of every
child in its care and protection, without resorting to restrictive measures and processes in the
name of care and protection.
Principle of Positive Measures- The main theme of the principle is the promotion of the
wellbeing of the juveniles. The characters and behaviours of the juveniles shall be corrected
and reformed by following positive measures.
Principle of non-stigmatizing Semantics- The principle of non-stigmatizing semantics

proposes not to utilize words that are utilized in ordinary criminal procedures, choices, and
activities that may stigmatize the juveniles. The rule command to maintain a strategic
distance from the utilization of antagonistic or accusatory words, for example, capture,
remand, blame, charge sheet, preliminary, indictment, warrant, summons, conviction,
detainee, reprobate, ignored, custody or prison.
Principle of non-waiver of Rights- The Constitution of India carefully precludes the waiver
of rights. The equivalent is epitomized in the juvenile justice system in India. The legal rights
enforced by the Juvenile Justice Act should not be postponed under any circumstances by any
juvenile, competent authority and stakeholder working under the juvenile justice system.
Also, further, the non-exercise of fundamental rights doesn’t add up to the waiver of the
equivalent.
Principle of Repatriation and Restoration- States that it shall be ensured that a child shall
not be separated from his or her parents against their will. However, the Board or the Court
considers the separation is necessary for the best interests of the child in accordance with the
law and procedures, such determination may be necessary in a particular case such as one
involving abuse or neglect of the child by the parents, or one where the parents are living
separately and a decision must be made as to the child’s place of residence.
Principle of Fresh Start- The principle of fresh start promotes a new beginning for the
juvenile in conflict with the law. This rule also instructs to destroy all past records of the
juvenile within a stipulated period. They are ensured to erase all their past records.
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WHAT ARE TWO CATEGORIES OF CHILDREN WHO ARE
PROTECTED UNDER THE JUVENILE JUSTICE
Children in conflict with the law
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The new law reinforces the approach of the juvenile justice system to children in conflict
with the law as well as children in need of care and protection. The Juvenile Justice Act of
2015 redefined the “minor” in conflict with the law into a “child” in conflict with the law.
Offences were classified as small/serious/ obnoxious. In the case of heinous crimes, children
between the ages of 16 and 18 can be tried as adults after a preliminary assessment by the
juvenile justice commission.
During the investigation, a child in conflict with the law will be temporarily sent to an
observation house. Depending on age, sex, physical and mental state and the nature of the
offence, the child will be isolated. A child will be placed in a special home if convicted of an
offence by the Juvenile Justice Commission.
For children over the age of 18 or children aged 16 to 18 charged or convicted of committing
a heinous crime, a security site will be established. for the children in the process of trial and
the children who are convicted; the place of safety will have a separate layout and facilities.
The juvenile justice commission will carry out a regular inspection of adult prisons to check
whether a child is accommodated there and take immediate measures to transfer the child to
the home of observation [Section 8(3)].
Within three months, the Juvenile Justice Council will make a preliminary assessment before
referring the case to the juvenile court. The law stipulates that the final order must include an
individual plan for the rehabilitation of the child, including a follow-up by the probation
officer, the District Child Protection Unit or a worker. when the child is considered an adult
by the juvenile court.
The juvenile court ensures that the child is kept in a safe place until the age of twenty-one.
The juvenile court must determine whether it should be transferred to prison or whether it has
undergone reform changes and that it could be saved by incarceration once it reaches the age
of death and the sentence is still pending. The law provides for a complete embargo on
capital punishment or life imprisonment without the possibility of release for child offenders
who are treated as adults by juvenile justice. The juvenile court decides whether the child
should be released or sent to prison after reaching the age of 21.
Children in need of care and protection
Within 24 hours, a child in need of care and protection must be brought before the Child
Protection Committee. The law provides for the compulsory declaration of a child separated
from his guardian. Non-reporting was treated as a punishable offence. The child in need of
care and protection is sent to the appropriate child protection institution and directed by the
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child protection committee under the direction of a social worker. Within 15 days, the social
worker or child protection officer must conduct the social inquiry. At least 20 days a month.
The child protection committees meet and the district magistrate conducts a quarterly review
of the functioning of the child protection committee.
For care, treatment, education, training, development and rehabilitation, a child in need of
care and protection will be placed in a children’s home. Shelters open for children who need
community support in the short term to protect them from abuse or keep them away from
street life under the law. The Child Protection Committee could recognize an institution that
is able to temporarily assume a child’s responsibility. The rehabilitation of orphans,
abandoned or delivered children is taken care of by the Agency specialized in adoption.
WHAT IS THE INSTITUTIONAL CARE PROVIDED FOR THE

JUVENILES?
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Rule 3 of the Juvenile Justice (Care and Protection of Children) Rules of 2007 states that “the
institutionalization of a juvenile must be a measure of last resort after a reasonable inquiry
and this also for the minimum possible duration”.
This replaced the twelfth fundamental principle of the juvenile justice system. Institutional
care measures are as follows:
Observation Homes
Section 8 of the Juvenile Justice Act of 2000 provides that the state government may
establish and operate observation houses in each district or group of districts. A minor is
temporarily received in these homes. For the duration of any investigation into them under
the Juvenile Justice (Care and Protection of Children) Act 2000, minors are detained in
observation houses. Minors are kept for a few weeks in the observation houses for the social
study of minors.
The minor’s story is prepared by the probation officer during his brief stay at the observer’s
home. The competent authority then decides, depending on the case, to keep them in the
institution or to entrust them to their parents. During the stay in the establishment, medical
and psychiatric services were also provided, as well as basic equipment such as food, clothing
and accommodation for minors. To keep the mind and body healthy, young people should
water the plants, help in the kitchen and clean the premises of the shelter.
Special Homes
Section 9 of the Juvenile Justice Act of 2000, states the state government may establish and
maintain special homes in each district or group of districts. When the offence committed by
a minor is proven and condemned by the competent authority, it is placed in the special home
established by the state governments. In the special home, minors are treated for a long time
or until their age ceases.
The ultimate goal of the rehabilitation of juveniles in the homes under the Juvenile Justice
(Protection and Protection of Children) Act of 2000 has therefore been implemented to
ensure that all necessary efforts are made to change the of juveniles. minors of evil to good.
Special shelters for minors pay more attention to the education and vocational training of
minors. Minors receive food, clothing, shelter, medical and psychiatric services, and
counselling.
Children’s Home
Section 34 of the Juvenile Justice Act of 2000 states “The state government may establish
and maintain children’s homes in each district or group of districts.” The children’s home is a
home where children in need of care and protection are placed on the order of a competent
authority.
In accordance with the Juvenile Justice (Protection and Protection of Children) Act of
2000 of the Children’s Home, children are provided with all the services necessary for overall
development up to a fairly high age, that is, until ‘at 18 years old. Services include the
provision of food, clothing, shelter, medical and psychiatric treatment, including counselling
and referral. Education and vocational training are also provided to children.
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Shelter Homes
According to Section 37 of the Juvenile Justice Act of 2000, Shelters Homes as for children
in need of urgent support. Shelter homes provide children with space where they can play and
engage in creative activities. Children are engaged in music, dance, theatre, yoga and
meditation, computers, indoor and outdoor games, etc, to spend their time productively.
These creative activities are designed to encourage meaningful participation and interaction
among peer groups.
These activities will ensure the overall growth and development of children. The main
purpose of these shelters is to keep them away from socially deviant behaviours, in addition
to meeting their basic needs for food, nutrition and health. Children can safely keep their
property and income in the conditions provided for in these shelters.
What is the Non-Institutional Care provided for the juveniles?
Section 40 in The Juvenile Justice (Care and Protection of Children) Act, 2000 talks about the
process of rehabilitation and social reintegration. The rehabilitation and social reintegration
of a child must begin during his stay in a children’s home or special home monitoring
organization.
Foster Care
Foster care is one of the non-institutional measures used for the temporary placement of
children in accordance with Section 42 of the Juvenile Justice Act of 2000. Homeless,
abandoned, neglected and deprived children benefit from a foster family. He replaces parents
with others to provide care outside their own home. The child is placed in foster care when
natural parents are faced with problems such as sentencing, life-threatening illnesses and
being abroad. The actual parents pay the corresponding price.
Foster parents are generally interested in childcare. In the foster home, the child receives
parental care and parenting education. Being placed in a foster home helps to avoid the
stigma of being in an institution and adapting to other children. It is considered satisfactory in
every way possible. Although foster families lead to drastic changes in the child’s life and are
enough to change their behaviour, the foster family is solely responsible for the overall
development of the children.
Adoption
Restoring family care for children deprived of their real family life Adoption is another non-
institutional measure. Section 2(2) of the Juvenile Justice Act of 2015 defines adoption as the
process by which the adopted child is permanently separated from his biological parents and
becomes the legal child of his adoptive parents with all rights, privileges and responsibilities
that are attached to a biological child.
Adoption is done with the mutual consent of the family, who hands over the child and who
receives the child. By adoption, the child receives a new name, a legal status and a permanent
family. It also meets the needs of a childless couple. Adoption gives hope to many orphaned,
neglected, abandoned and abused children by their parents to start a new family. The main
purpose of adoption placement is rather a family for the child than a child for a family.
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For the orphan child who is legally free to adopt, it is the most ideal and permanent
rehabilitation. Adoption and foster care are intended to give family life to the child, but the
main difference is that foster care is a temporary placement, even perhaps in the long term,
but that adoption ensures permanent care without involving payment. Foster care can even be
adopted.
Sponsorship
Another type of non-institutional measure called the Sponsorship Program provides

additional assistance to families, children’s homes and special homes to meet the medical,
nutritional, educational and other needs of children. Sponsorship is given to improve their
quality of life. There are many types of sponsorship programs for children, such as
individual-to-individual sponsorship, group sponsorship or community sponsorship.
After-care Organisations
The juveniles are taken care of in the organization of the aftercare, which is a transition
home, after leaving the special homes and the children’s home. Minors in conflict with the
law and children in need of care and protection, both categories are placed in aftercare
organizations. Monitoring organizations allow minors to lead an honest and industrious life.
Follow-up agencies are committed to the primary goal of enabling children and youth to
adapt to society. In child care agencies, children and adolescents are motivated to stay in the
wider society of their lives in institutional homes.
Monitoring organizations are nothing more than a temporary home set up for a group of
young people. In monitoring organizations, young people are encouraged to learn a trade and
also contribute to the management of the monitoring centre. Any volunteer agency or
organization designated as a custodial organization strives to prepare children, as well as
adolescents, to become self-reliant and to acquire the social and fundamental skills necessary
for their full integration into the community.
In the monitoring program, children and adolescents also have access to social, legal and
medical services, as well as appropriate financial support. Continuing education services are
regularly offered to children and youth in the follow-up organization to help them become
financially independent and generate their own income.
The monitoring organization should ensure regular follow-up and support after the
reintegration of the child or minor into the community or society. Members of various
government agencies also work together to reintegrate children or minors into society by
enabling them to live psychologically and economically, as well as by providing ongoing
assistance after their integration into society. Institutional and non-institutional measures
have been used not only for the proper care and development of children but also to address
children’s issues adequately as a last resort for the well-being of children and minors. to be
used.
What is the role of the police?
The first contact of a juvenile with the judicial system is mainly by the police because it is the
police who arrest the juvenile and produce it in the juvenile justice court. In rare cases, this
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has been done by a private party or a voluntary organization. The Juvenile Justice Act of
2000 clarifies the need to establish a special juvenile police unit in each district and city.
It also contemplates that at least one police officer be assigned to a police station as a minor
or child protection officer. This is important because it is the police officer who produces the
children or the minor in court and prepares and submits the indictment of the offence
committed by the child or minor.
Special Juvenile Police
The special juvenile police often and exclusively deal with juveniles and mainly work to
prevent juvenile delinquency or to deal with juvenile delinquency under the Juvenile Justice
Act. Therefore, they are specially educated and trained to handle children and adolescents.
The representative designated as a minor or child protection officer in each position is trained
to possess the appropriate skills, training and orientation.
At least one designated police officer will be designated in each police station and will take
care of the minor or child in coordination with the police. To improve the treatment of minors
and children by the police, the Special Police for Minors has been designated in each police
station.
Pursuant to section 84(1) of the Special Police Regulations for Juveniles, the Juvenile Police
Task Force shall include a Child Protection or Youth Protection Officer with the rank of
Inspector of Police. and two paid social workers, including work experience in the field of
child protection. In 1952, in Greater Mumbai, the Juvenile Police Unit (JAPU) was
established primarily to care for destitute and neglected children. He continues to act as a
special force within the police.
What is the role of state government?
Within two months of their appointment, the law provides for the initial training of the
members of the Juvenile Justice Council and the Child Protection Committee (Sections 4 and
27). The Chief Magistrate or Chief Metropolitan Magistrate review the juvenile justice case
once every three months. Its main purpose is to direct the Council (Section 16). The law also
provides for the establishment of a high-level committee to review cases pending before the
Juvenile Justice Council.
Under section 36 of the Juvenile Justice Act, the district magistrate must submit quarterly
reports to the district judge on the length of the proceedings and the nature of the disposition
of cases. The District Magistrate conducts a quarterly review of child protection committees
and proposes direct corrective measures. This is done to solve the problem. A district
magistrate’s review report is sent to the state government, which may result in the formation
of additional committees if necessary. Even after three months. In case processing persists,
the existing committee is dissolved and a new committee is formed by the state government.
Within six months of the entry into force of the Juvenile Justice Act of 2015, state
governments must also register all institutions, whether administered by the government or an
NGO and are destined in full. or partly to housing children. Whether they receive government
subsidies or not, institutions are required to register with the state government. A provisional
registration certificate to the institution within one month from the date of the application
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should be issued by the state government. A penalty for non-registration in a child care
facility may be up to one year in prison or a fine of at least Rs. 1 lakh.
According to section 49 of the Act, state governments are expected to create at least one
place of safety for the placement of persons over 18 years of age or children aged 16 to 18
years who have committed a heinous crime. Inspection committees must be appointed at both
state and district level and, at least once every three months, they must inspect all
institutions (Section 54).
The central government and the states may carry out an independent evaluation through
persons or institutions determined by the Government of the functioning of the Juvenile
Justice Council, the Child Protection Committee, the Special Section of the juvenile police,
approved institutions, facilities and persons adapted under Section 55.
Under section 65 of the Act, the state government recognizes one or more institutions in each
district as the adoption agency with respect to adoption. The public agency shall provide the
Central Authority for Adoption Resources (CARA) with the details of the specialized
adoption agencies, such as name, address and contact details, as well as copies of the
certificate and letter of recognition or renewal. Every adoption agency inspected at least once
a year and takes corrective action by the state government. for a fine up to Rs. 50,000/- in the
event of default by the Specialized Adoption Agency, in addition to the withdrawal of
recognition for repeated default provided for by law.
Under the Juvenile Justice Act, 2015, all registered institutions that may not have been
recognized as a specialized adoption agency must establish formal links with a nearby
adoption agency. All orphans or children returned or abandoned declared legally free for
adoption by the registered institution. Any breach of this provision will result in a fine of Rs.
50,000/- and even non-recognition if a persistent violation of the provisions is found (Section
66).
Central and national governments are required to sensitize the general public, children,
parents and guardians to the provisions of the law. In addition to other persons concerned or
government officials, they must also undergo periodic training (Section 108).
Juvenile Justice Board
One of the most important and progressive features of the Act of 2000 was the foundation of
juvenile justice Boards. Each board is inquired to decide the age of the child, the question of
bail, and the subject of a commission of the offence, and pass proper orders. The composition
of the board incorporates a principal magistrate and two social workers, in this way
guaranteeing not only are legitimate complexities secured, however, the financial, psycho-
social and familial conditions are also considered to be secured. The social workers engaged
with the juvenile justice system are called correctional social workers globally.
Section 4(1) states that notwithstanding anything contained in the Code of Criminal

Procedure, 1973 (2 of 1974), the State Government will comprise for each region, at least one
juvenile justice Board for practising the forces and releasing its capacities identifying with
youngsters in conflict with the law under this act and other section and acts can be provided
in Chapter 3 section 4(1) to (7).
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Apparently, children entering before the juvenile justice System are already addicted to face
the grave dangers in their lives, yet their predicament is frequently overlooked. Police misuse
is ordinary in certain purviews. Children grieve in the framework for quite a long time, either
as inhabitants of decrepit detention facilities without access to schooling and education or as
the subject of unlimited procedures that draw them away from training or work, bringing
about a financial emergency for the child’s family. If so, in addition to the fact that we fail the
child as a state, yet additionally when they come in conflict with the law.
The Juvenile Justice Council (JJB) is headed by a senior magistrate. He has exclusive
jurisdiction to deal with juvenile cases. The magistrate of the Commission for Juvenile
Justice is a magistrate “who should be a metropolitan magistrate or a first class magistrate
with special knowledge in child psychology and child protection”. In the juvenile justice
commission, two members are social workers, one of whom must be a woman.
The fundamental requirement of board members is that they have a postgraduate degree in
social work, psychology, child development or any other social science discipline and that
they are required to actively participate in activities related to children’s health, education or
well-being for seven years. A selection committee chaired by a retired High Court judge
selects and appoints social workers from the Juvenile Justice Council. The term of office of
the members is 3 years and they can be appointed for a maximum of 2 consecutive terms.
The Senior Magistrate who is an officer of the court is governed by the conditions of service
set out in the State Judicial Services Regulation and the allowances of the Senior Magistrate
who is an officer of the court are governed by his service regulations. The member of the
juvenile justice council may be dismissed after an investigation by the state government for
the following reasons:
If he has been found guilty of misuse of power under this Act, or
He/she has been convicted of an offence involving moral turpitude, and this conviction has
not been reversed or he/she has not been totally pardoned for this offence, or
He fails to attend Board proceedings for three consecutive months without cause or fails to
attend at least three-quarters of the meeting in one year.
A social worker member of the Commission receives a minimum of 500 rupees per meeting.
The Juvenile Justice Council has been granted exclusive jurisdiction over juveniles. The
Juvenile Justice Council decides and adjudicates cases involving minors. “The Juvenile
Justice (Care and Protection of Children) Act of 2000” has a preponderant effect on several
acts of the Indian Penal Code.
The Juvenile Justice Council investigates ordinary criminal courts for offences under the
Narcotic Drugs, Psychotropic Substances Act, Weapons Act, SC / ST on the prevention of
atrocities allegedly committed by a minor. This includes Section 18 (prohibition of
anticipatory bail) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)
Act, 1989.
ROLE OF SOCIAL WORKERS AND NON-GOVERNMENTAL
ORGANISATIONS?
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Social worker’s responsibility in the juvenile justice system is to implement the principle
with the right counselling and opportunities to change an individual into a decent resident.
Nonetheless, unnecessary deferrals in procedures, bringing a backlog of cases, an insufficient
infrastructure, deferred justice they deal with them efficiently and promptly. Social workers
can move in the direction of the reintegration of the juvenile inside society. The association
with the justice System may cause disgrace and seclusion, and effect the minor’s future
training and work possibilities. Social workers may work with the family, neighbourhood,
and schools, empowering them to acknowledge the child and bolster him in remaking his life.
Officials can urge schools to readmit juveniles and continue their schooling, forestalling
drop-out rates. Admission to open schools may likewise be upheld where the juveniles can
proceed with the guidelines by means of self-teaching and work at the same time to help
himself and his family. Social workers should assist juveniles with securing positions and
work with managers to enlist them. They also work with the family of juveniles and guide
them to reshape their child’s future by making him a good member of society.
Wizner and Keller discussed the juvenile criminal justice system “It has neither given
satisfactory assurance to society from juvenile crimes nor prevailing within rehabilitating
young offenders.”
The Juvenile Justice (Care and Protection of Children) Act focuses on the participation of

voluntary social workers and community services for the benefit of minors at different times.
This requires the participation of social and community workers from non-governmental
organizations in admission, decision-making, community placement, institutionalization and
rehabilitation of neglected and delinquent children.
The larger role of volunteer social workers allows the child to stay in touch with society. It
also allows the juvenile justice system to be more transparent. The idea is to consider it with
the idea that, without the cooperation of the community, the goal of social reintegration of
delinquent children cannot be achieved.
In the child protection sector, non-governmental organizations (NGOs) play a key role: they
must provide a framework that ensures that every child, even as they enter the system, is
treated with care and compassion. They are also fighting for the rights of the child to be
recognized and protected. Social workers continue to play a crucial role in the treatment of
juvenile offenders, although since the 1980s the welfare approach has been brought to justice.
The Juvenile Justice Council is composed of a metropolitan magistrate or a first class judicial
magistrate and two social workers, as mentioned above. The Model Rules set out the criteria
for being a social worker on the board: “The social worker to be appointed to the board must
be a person aged 35 or over who holds a postgraduate degree in social sciences, work, health,
education, psychology, child development or other social science disciplines and is actively
involved in the planning, implementation and administration of measures related to the
protection of childhood for at least seven years. Social workers who are members of the
Juvenile Justice Council should have been actively involved in health, education or welfare
activities for children for at least seven years.
The model rule also mentions the selection process for members and both social workers
must be appointed by the state government on the recommendation of the selection
committee. The selection committee for government and justice representatives consists of
two representatives of well-known non-governmental organizations working in the field of
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child protection. Social workers who are members of the Juvenile Justice Commission must
assert themselves and not be submerged by the magistrate (the judicial member) and play an
important role in the rehabilitation of the juvenile.
Social assisting members may dismiss the magistrate under Section 5(4) of the Juvenile
Justice Act of 2000.
Social assisting members should be familiar with the provisions of the juvenile legislation
and the documents and procedures of each case pending before the Juvenile Justice Council.
This is emphasized for justice to be rendered to the minor. Gain the confidence of the minor,
while showing him that even if his best interests are in his mind, he will be treated with
severity, which is the main duty of the social worker members.
The minor is placed in an institution on the order of the juvenile justice council. It is therefore
imperative that the social workers who are members of the Juvenile Justice Council regularly
visit the observation houses, special houses and other institutions where minors are referred.
This is to ensure that the goal of reform and rehabilitation is achieved.
Although justice is done to minors, the importance of social workers is recognized in the
1986 law. A panel of two honorary social workers attends the juvenile court. The group of at
least one woman is appointed by the state government with persons with the qualifications
required by law.
Instead of simply assisting the magistrate, the 2000 law elevated the social worker to the
court that constitutes the Juvenile Justice Council. Intervention in social work has always
been expressed alongside words such as “honorary”, “voluntary”, “charitable” although
playing an important role. Under the 1986 law, not only did “two honorary social
workers” assist the juvenile court but under the 2000 law, a similar pattern continued. The
social worker members of the Juvenile Justice Council should receive a “travel allowance”.
Senior managers employed in the homes and superintendents of child protection institutions
are also social workers who have received academic training. several critical roles played in
the lives of minors by the staff attached to the institutions. Since offenders often report that
their families do not care about their well-being, the role of social workers is important.
The social worker works as a friend so that the child feels comfortable talking freely with
him. They assume the role of counsellor and guide to have the confidence of the child to
approach him when needed. They work as a reformer to make the child understand that what
he did was wrong. They also act as healers to help the child reach his full potential and direct
him to his future. It is essential to set up a children’s referral clinic in an institution, as
repeated sessions with minors are essential to change one’s attitude. In a child welfare centre,
it is a child psychologist or psychotherapist who can make a positive difference in the future
of the minor.
Under the Juvenile Justice Act of 2000, NGOs also play a central role in the search for a
pending or investigative juvenile charge as a “person or institution”. The 2000 Act allows
voluntary organizations to establish and maintain observation houses and special houses. In
addition, to ensure the minor’s full rehabilitation services in institutions set up and managed
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by the state government are provided by voluntary organizations, such as counselling,
education and vocational training, etc.
LIMITATIONS
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It has been speculated that the institutional set-up required under the Juvenile Justice Act has
not been built up completely and district-level institutions generally lack the infrastructure
and staff to adequately execute it. This hampers the work of the rehabilitative and reformative
programs leads to disappointment in accomplishing goals of restoration and reintegration
work. There has been practically nil spotlight in organizing rehabilitative plans. Also, the role
of the staff is not under satisfaction. There is a lack of coordination between staff and
children. This leads to fewer opportunities for children to showcase their talent and skill and
health issues of workers to implement certain roles and duties.
PROCEDURE IN RELATION TO CHILDREN IN CONFLICT WITH

THE LAW
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A Child in Conflict with Law has a number of rights starting from the pickup up by the police
up to the release from the juvenile justice Institutions.
Section 10 to 26 of juvenile justice Act 2015 defined procedure in relation to children in
conflict with law in which some of them we discussed here:
Section 10- Apprehension of the person alleged to be in conflict with the law.
A child may be apprehended on the ground of committing an offence. At the time of

apprehension, they have certain rights mentioned below.
They shall not be kept in the police lock-up or jail. Instead, they shall be kept in safe custody
prior to the production before the Board.
In every police station, safe custody may be arranged by following the Principle of Child-
Friendly Atmosphere.
Section 10(1) of the juvenile justice Act, 2015 states that “Provided that in no case, a child
alleged to be in conflict with the law shall be placed in a police lockup or lodged in a jail”.
Section 8(3) juvenile justice Rules, 2016 mentions that the police officer apprehending a
child alleged to conflict with the law.
Section 14 Inquiry by Board regarding a child in conflict with the law- this provision
describes whether a child is produced before Board or he may fit in sections 17 and 18 of the
act. It also categorizes the types of offence depending upon how it is committed below.
Petty offence– Section 2(45) “petty offences” includes the offences for which the maximum
punishment under the Indian Penal Code (45 of 1860) or any other law for the time being in
force is imprisonment up to three years inquiry is disposed of by the Board through summary
proceedings, according to the procedure endorsed under the Code of Criminal Procedure
1973.
Serious offence– Section 2 (54) “serious offences” includes the offences for which the
punishment under the Indian Penal Code (45 of 1860) or any other law for the time being in
force, is imprisonment between three to seven years; Enquiry is disposed of by the Board, by
following the strategical procedure, for preliminary trial in summons cases under the Code of
Criminal Procedure 1973.
Heinous offence– Section 2(33) includes the offences for which the minimum punishment
under the Indian Penal Code (45 of 1860) or any other law for the time being in force is
imprisonment for seven years or more. Section 15– Preliminary assessment into heinous
offences by Board it deals with inquiry (I) if a child beneath the age of sixteen years as on the
date of commission of an offense will be discarded by the Board under proviso (e);(ii) for a
child over the age of sixteen years as on the date of commission of an offense will be
managed in the way recommended under section 15.
These are all culpable by law. The acts and rules recommend the rights and reformatory
methodology of the juveniles and it has no obvious framework about juvenile crime.
Antisocial behavior done by youngsters which harm society is called juvenile delinquents or
misconduct. These misconducts create an atmosphere that provokes juveniles to commit
crimes or violations. The expansion of juvenile misconduct will enhance juvenile violations.
The decline of juvenile crime will lead to a decline in juvenile violations. The most probable
cause of juvenile violations is misconduct.
Right at the time of apprehension

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A child may be apprehended on the ground of committing an offence. At the time of
apprehension, they have sure rights. They shall no longer be kept inside the police lock-up or
jail. Instead, they shall be kept inside the secure custody prior to the production before the
Board. In every police station, secure custody can be organized with the aid of following the
Principle of Child-Friendly Atmosphere. Section 10 (1) of Justice Juvenile Act, 2015 states
that “Provided that in no case, a child purported to be in a battle with law shall be located in a
police lockup or lodged in a jail”. And Section 8(3) Justice Juvenile Rules, 2016 mentioned
that the police officer apprehending a child supposed to be in conflict with law.
Procedure to be followed
Not send a child to a police officer lock-up and not delay the child being transferred to the
Child Welfare Police Officer from the nearest police station. The police officer may under
sub-section (2) of section 12 of the Act send the person apprehended to an observation home
only for such period till he is produced before the Board i.e. within twenty-four hours of his
being apprehended and appropriate orders are obtained as per rule 9 of these rule.
Do not handcuff, neither put a chain or fetter around the ankles of a child and do not exert
any coercion or force.
Inform the child promptly and directly of the charges levelled against him through his parent
or guardian and if a First Information Report (FIR) is registered, copy of the same shall be
made available to the child or copy of the police report shall be given to the parent or
guardian.
Provide appropriate medical assistance, assistance from an interpreter or a special educator,

or any other assistance which the child may require.
Not compel the child to confess his guilt and he shall be interviewed only at the Special
juvenile Police Unit or at child-friendly premises or at a child-friendly corner in the police
station, which does not give the feel of a police station or of being under custodial
interrogation. The parent or guardian may be present during the interview of the child by the
police.
Not ask the child to sign any statement.
Inform the District Legal Services Authority for providing free legal aid to the children.
Principle of Right to maintain privacy and Confidentiality- Is applied when a crime is

committed and child under trial in police custody inside the juvenile court
Further, Section 24(2) of the act mentions that the board shall order and direct the Police, or
through children’s court that the relevant records of such conviction shall be destroyed after
the expiry of the period of appeal from the registry or, as the case may be, a reasonable period
as may be prescribed. Provided that in case of a heinous offence where the child is found to
be in conflict with law under clause (i) of section 19, the relevant records of conviction of
such child shall be retained by the Children Court.
Next, Section 74, of the act mentions:
No report in any newspaper, magazine, news-sheet or audio-visual media or other forms of

communication regarding any inquiry or investigation or judicial procedure, shall disclose the
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name, address or school or any other particular, which may lead to the identification of a
child in conflict with law or a child in need of care and protection or a child victim or witness
of a crime, involved in such matter, under any other law for the time being in force, nor shall
the picture of any such child be published. Provided that for reasons to be recorded in writing,
the Board or Committee holding the inquiry may permit such disclosure, if in its opinion such
disclosure is in the best interest of the child.
The Police shall not disclose any record of the child for the purpose of character certificate or
otherwise in cases where the case has been closed or disposed of.
Any person contravening the provisions of sub-section (1) shall be punishable with
imprisonment for a term which may extend to six months or fine which may extend to two
lakh rupees or both.
Section 99, of the act, proclaims:
All reports related to the child and considered by the Committee or Board shall be treated as
confidential: Provided that the committee or the board, as the case may be, may, if it so thinks
fit, communicate the substance thereof to another Committee or Board or to the child or to
the child’s parent or guardian, and may give such committee or the board or the child or
parent or guardian, an opportunity or producing evidence as may be relevant to the matter
stated in the report. (1) Notwithstanding anything contained in this Act, the victim shall not
be denied access to their record, orders and relevant papers.
Section 24(5) POCSO, 2012 stresses for the police to make sure officers that the identity of
the child is covered from the public media unless otherwise directed through the Special
Court within the benefit of the child.
CHILD WELFARE COMMITTEE
Section 27 to 30 of the 2015 act explain the Various aspects of Child Welfare Committee
about the Child Welfare Committee and its Role:
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Sec 27 (1): The State Government by notification in the Official Gazette in each district, set
up at least one Child Welfare Committees to practice the powers and to release the
obligations bestow on such Committees by comparing to youngsters needing care and
security under this act and assure that training and sensitization of all individuals from the
board of trustees is implemented within two months from the date of notification.
Composition: Committee consists of one chairperson, four members of state government in

which one is women and others are an expert on children related matters.
Role of the committee
Section 9 and 10 deals with the role of Committees:

Sec (9): The Committee will work as a Bench and will have the forces given by the Code of
Criminal Procedure, 1973 (2 of 1974) on a Metropolitan Magistrate or, by and large, a

judicial Magistrate of First Class.
Sec (10): The District Magistrate will be the complaints redressal expert for the Child
Welfare Committee and anybody associated with the youngster may record an appeal before
the District Magistrate, who will consider and pass suitable requests.
Procedure for the Committee
Section 28 of the Act shows the procedural way:

It implies that the Committee will meet at least 20 days in a month and will watch such
guidelines and methodology with respect to the exchange of business at its meetings, as
might be endorsed.
A visit to a current child care organization by the Committee, to check its working and
prosperity of the child will be considered as a sitting of the Committee.
A child needing care and insurance might be delivered before an individual from the
Committee for being set in a Children’s Home or fit individual when the Committee isn’t in
the meeting.
In case of any difference of views among the individuals from the Committee at the hour of
taking any choice, the assessment of the dominant party will win however where there is no
such majority, the assessment of the Chairperson will win.
Subject to the arrangements of sub-section (1), the Committee may act, despite the
nonattendance of any individual from the Committee, and no structure made by the
Committee will be invalid by reason just of the nonappearance of any part during any phase
of the procedure.
Given that there will be in any event three individuals present at the hour of definite removal
of the case
Power of Committee
Section 29 deals with the Power of Committee:
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(1) The Committee will have the position to discard cases for the consideration, security,
treatment, improvement, and recovery of youngsters needing care and insurance, just as to
accommodate their essential needs and assurance.
(2) Where a Committee has been comprised for any zone, such Committee will, despite
anything contained in some other law until further notice in power, however spare as in any
case explicitly given right now, the ability to manage all procedures under this Act associated
with children needing care and security.
Functions and Responsibilities of Committee

Promoting awareness;
Conducting inquiry;
Directing the child welfare officers to conduct a social investigation;
Inquiry for fit persons taking care and security of children;
Handling placement of a child in foster care;
Taking care, insurance, proper recovery or reclamation of kids needing care and security, in
light of the child’s individual consideration plan;
Conducting 2 inspection visits per month;
Making a move for the restoration of explicitly mishandled youngsters who are accounted for
as kids needing care and assurance to the Committee by Special Juvenile Police Unit or
neighborhood police, all things considered, under the Protection of Children from Sexual
Offenses Act, 2012 (32 of 2012); and
Orphan and abandoned children are legally free for adoption.
Procedures to be followed for children who need care
Section 31 deals with production before the committee:

Production before Committee— (1) Any child needing care and security must be produced
before the committee by any of the accompanying people— Any cop or special juvenile
police unit or an assigned child welfare police officer or any official of the district child
protection unit or controller designated under any work law in power. Any community
worker, childline services or any deliberate or non-legislative association or any organization
as might be perceived by the State Government. Child Welfare Officer or post-trial agent, any
social specialist or a child protection specialist by the child himself or any medical attendant
specialist or the board of a nursing home, clinic or maternity home.
Given that the juvenile will be created before the Committee with no loss of time yet inside a
time of twenty-four hours barring the time important for the excursion.
(2) The State Government may make rules predictable with this Act, to accommodate the
way of presenting the report to the Committee and the way of sending and entrusting the
child to the child’s home or office or fit the individual, by and large, during the time of the
request.
Procedure
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A child needing care and security is to be present before the Child Welfare Committee inside
24 hours. To accommodate youngsters isolated from his/her family. By announcing it has
been treated as a culpable offense. The Child Welfare Committee is to send the kid needing
care and security to the suitable Child Care Institution and direct a Social Worker, Case
Worker or the Child Welfare Officer to lead the social examination within 15 days. The Child
Welfare Committees will meet at least 20 days in a month and the District Magistrate will
direct a quarterly survey of the working of the Child Welfare Committee.
A youngster needing care and security will be set in a Children’s Home for care, treatment,
guidance, preparing, advancement, and restoration. The Act accommodates Open Shelters for
Children needing network support on the momentary reason for shielding them from misuse
or getting them far from an actual existence in the city. The Child Welfare Committee could
perceive an office to be a fit facility to incidentally assume the liability of a youngster. The
Specialized Adoption Agency is to deal with the recovery of vagrants, deserted or gave up
kids.
Rehabilitation and Social Reintegration
Section 40 to 55 deals with provision rehabilitation and social reintegration:

Sect (40)- Process of rehabilitation and social reintegration—
(1) The reclamation and social integration of a youngster will be the prime target of any
Children’s Home, Specialized Adoption Agency or open safe house.
(2) The Children’s Home, Specialized Adoption Agency or an open safe house, all things
considered, will make such strides as are viewed as vital for the rehabilitation and social re-
integration of a youngster denied of his family condition briefly or for all time where such
child is under their consideration and insurance.
(3) The Committee will have the forces to re-establish any youngster needing care and
rehabilitation and social reintegration to his families, institution or fit individual, all things
considered, subsequent to deciding the reasonableness of the guardians or institutions or fit
individual to deal with the child, and give them appropriate bearings.
Clarification- For the motivations behind this segment, “restoration and safety of a child”
means restoration to signify reclamation to like Parents, adoptive parents, foster parents’
guardian or fit person or a fit individual.
Section 39: States Parties shall take all appropriate measures to promote physical and
psychological recovery and social reintegration of a child victim of any form of neglect,
exploitation, or abuse torture or any other form of cruel, inhuman or degrading treatment or
punishment or armed conflicts. Such recovery and reintegration shall take place in an
environment which fosters the health, self-respect, and dignity of the child.
Institutional personnel and training
Rule 29 Capacity-building for staff employed in women’s prisons shall enable them to
address the special social reintegration requirements of women prisoners and manage safe
and rehabilitative facilities. Capacity-building measures for women staff shall also include
55 | P a g e
access to senior positions with key responsibility for the development of policies and
strategies relating to the treatment and care of women prisoners.
The media and the public shall be informed about the reasons that lead to women’s
entrapment in the criminal justice system and the most effective ways to respond to it, in
order to enable women’s social reintegration, taking into account the best interests of their
children.
Right to be Reformed
The juveniles who are alleged and found committed an offence shall be reformed by
restorative justice, deserving rehabilitation and social reintegration than punitive and
retributive punishments. Awarding punitive and retributive punishments to the children
prevents society from moving on. Children are presumed innocent and immature to
understand the consequences of crimes. Therefore, they must not take responsibility for
criminalization. The traditional objective of criminal justice, retribution and repression must
be given away.
Section 27 CrPC clearly mentions that the law is executed for the “treatment, training and
rehabilitation of youthful offenders” who are juveniles. Whereas juveniles justice Rules 2016
is providing rules that allow the juveniles may get away from treatment, training, and
rehabilitation, etc. These are contradictory concepts.
Case Law: The reformatory approach to punishment should be the object of criminal law, in
order to promote rehabilitation without offending communal conscience and to secure social
justice.
Narotam Singh v. The State of Punjab, AIR 1978 SC 1542; Section 27 CrPC
The jurisdiction in the case of juveniles- Any offence not punishable with death or
imprisonment for a life committed by any person who at the date when appears or is brought
before the Court is under the age of sixteen years, maybe tried by the Court of a Chief
Judicial Magistrate, or by any court specially empowered under the Children Act, 1960(60 of
1960), or any other law for the time being in force providing for the treatment, training, and
rehabilitation of youthful offenders.
The juvenile who is addicted to alcohol or drugs which lead to behavioral change in a person
shall be referred to an Integrated Rehabilitation Centre for Addicts or Similar centers
maintained by the State Government for mentally ill persons for the period required for in-
patient treatment of such juveniles. Section 34 and 35 of Juvenile Justice Rules 2016 defines
the manner of health and medical facilities to be provided.
Efforts shall be made to provide juveniles, at all stages of the proceedings, with necessary
assistance such as lodging, education or vocational training, employment or any other
assistance, helpful and practical, in order to facilitate the rehabilitative process.
OFFENCES AGAINST CHILDREN
56 | P a g e
The Juvenile Justice Act of 2015 is far less behind in controlling the juveniles’ misconduct.
By reviewing the juvenile justice Act 2015, there are sorts of offences.
Section 74 to 89 deals with offences against children.
The juvenile justice Act, 2015 remembers a different section for offenses against youngsters
and a few of the offenses recorded right now so far not enough secured under some other law.
These incorporate deal and obtainment of the child for any reason including unlawful
appropriation.
Beating in a childcare home;
Giving children inebriating alcohol or opiate sedate or psychotropic substance;
Misuse of youngsters by militant or adult groups;
Offenses against handicapped kids; and
Grabbing and snatching kids.
CONCLUSION
The benefit of probation can be usefully applied to cases where persons on account of family
discord, destitution, loss of near relatives, or other causes of like nature, attempt to put an end
to their own lives. Its aim is to reform the offender and to make him see the right path.It
would be of great help to a country like India where the prisons are always overcrowded,
with regular abuses of human rights that will harden a person’s inside. Probation is the divine
affirmation inside every being and it has to be given importance.
In order to accomplish the ultimate purpose of reclaiming all criminals back into organized
society, the reform and recovery process must be carried out in the sense of the current social
situation. Along with the juvenile justice system, probation has taken the human interests and
socio-economic issues underlying the principles of crime and punishment to the forefront. It
also helped to build positive views towards prisoners and expanded the role of enforcing
criminal justice beyond standard sentencing.
57 | P a g e
According to a 2015–16 economic analysis, it is found that there is a sharp decrease in
government school enrolments in provincial regions from 2007 to 2014. It stressed the need
to build these numbers significantly to accomplish the Universalization of Education.
However, considering such proposals, funds assigned to the Sarva Shiksha Abhiyan was
raised by a minimum percent. There exists just a single welfare scheme identified with child
labour scheme for the welfare of working children in needing care and security and that too
saw a certain decline in funding.
It is appropriate to take note of those children needing care and security just as children in
conflict with the law scarcely discover whether there any place in the budget allocation. An
expansion in wrongdoings against juveniles and juveniles makes them much progressively
powerless, henceforth the absence of consideration regarding child security is perturbing.
Deficient financing for essential plans will undoubtedly negatively affect the reformative and
rehabilitative methodology received by the acts of 2000 and 2015.
Juvenile Justice (Care and Protection) Act 2015 was passed in light of the failure of Child
protection. Yet at the same time there exists a similar circumstance due to the absence of duty
and commitment, coordination between different partners in Child Protection and due to the
absence of experienced and logical social work experts in the usage of ICPS at state to grass-
root level. Child protection should go under a single organization following with a positive,
adequate and proficient hierarchical structure which should root till the village level.
REFERENCE:
http://www.legalserviceindia.com/legal/article-453-the-probation-of-offenders-act-an-
analysis.html
https://www.barandbench.com/columns/the-probation-of-offenders-act-1958-a-forgotten-
necessity
https://www.lawctopus.com/academike/probation-offenders-act/
https://www.slideshare.net/arjunrandhir1/useful-judgment-of-probation-of-offender-act
Juvenile Justice Act, 1986
Juvenile Justice Act of 2000

58 | P a g e
Juvenile Justice Care and Protection Act, 2015
https://blog.ipleaders.in/
https://en.wikipedia.org/wiki/Juvenile_Justic
https://www.iasexpress.net/
59 | P a g e

Probation and Juvenille Justice Act

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Probation and Juvenille Justice Act

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A PAPER ON PROBATION ACT, 1958 & JUVENILE JUSTICE

ACT FOR THE DEGREE OF T.Y.L.L.B.

CODE OF CRIMINAL PROCEDURE

(THROUGH UNIVERSITY OF MUMBAI)

SUBMITTED BY PRACHI RATHOD

SUBJECT TEACHER: Ms. RAJANI

Scope And Background

Aim And Objective Of Probation

Statutory Provisions Under The Act

Probation On Good Conduct

Cost And Compensation

Offenders Under 21 Years Of Age

Report Of Probation Officers

Salient Features Of The Act

Pit-Falls In Probation System In India

The Historical Evolution Of Juvenile Justice Act In India

Juvenile Justice Is Construed

Ipc And Crpc Effect In Juvenile Justice

Juvenile Justice System Comparison On Global Level

Juvenile Justice Act, 1986

Juvenile Justice Act Of 2000

Juvenile Justice Care And Protection Act, 2015

Salient Features Of The Juvenile Justice Act, 2015-

Important Definitions Under The Act

Recent Amendments In The Juvenile Justice Act Bill 2015 Passed By

Recommendations Of The Justice Verma Committee Report, 2013

General Principles Of Care And Protection Of Children

What Is The Institutional Care Provided For The Juveniles?

Role Of Social Workers And Non-Governmental Organisations?

Procedure In Relation To Children In Conflict With The Law

Child Welfare Committee

Offences Against Children

When any person is found guilty of committing an offence under Section 379 or Section

Cost of the proceeding as the court may think reasonable.

REPORT OF PROBATION OFFICERS

The most important salient feature of the act is

The Probation of Offenders Act of 1958 is aimed at modifying novice prisoners by

There are certain pitfalls in the probation system:

It is difficult in many situations to determine whether the criminal is a first offender or a

An apparent set of principles focused on reformation and rehabilitation has dominated

The United Nations Minimum Rules for Administration of Juvenile Justice of 1985 ratified

IPC give a better view of the Juvenile justice board.

Following the adoption of the United Nations Minimum Rules for Administration of Juvenile

JUVENILE JUSTICE ACT OF 2000

Applicability of the Act

Non-applicability of any other Act for the time being in force

Juvenile Justice Board

JUVENILE JUSTICE CARE AND PROTECTION ACT, 2015

A child born after birth referred to as a teen.

A juvenile has a lower age limit as per section 82 of Indian

Section 2(35) characterizes the significance of a juvenile as “juveniles” and a child

Rule 2.2 of the Beijing Rules mentioned

RECENT AMENDMENTS IN THE JUVENILE JUSTICE ACT BILL

These are 14 notable changes mentioned below:

The aftercare of a child shall be unrestricted to one month in institutional care.

Priority for disabled children in interstate adoption.

Training of special juvenile units in the police force.

Recommendations of the Justice Verma Committee Report, 2013

GENERAL PRINCIPLES OF CARE AND PROTECTION OF

Principle of equality and non-discrimination- That there shall be no discrimination against

Principle of Participation- The child should be provided with an opportunity to being

Principle of institutionalization- It is a measure of last resort, in certain circumstances the

Principle of Family Responsibility- Guardians or parents of a juvenile must be associated

Principle of non-stigmatizing Semantics- The principle of non-stigmatizing semantics