Name: Thota Balaji

Reg No: 21BLA1004

Submitted To: Prof. Ganesan K

Topic: Juvenile Justice Act and Probation of Offenders Act

 Juvenile Justice Act

Introduction
The Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021, which looks to
alter the Juvenile Justice Act, 2015, was passed in the Lok Sabha on March 15th, 2021 with the
proposed enactment being firmly valued by both the decision party just as resistance individuals
which were presented by the Minister of Women and Child Development, Ms. Smriti Zubin
Irani. Later on, the Rajya Sabha clears the changes to the Child Protection Law on July 28th,
2021.

The amendment looks to reinforce the protection of children— including the ones who require
assurance under the law just as the individuals who struggle with the law. The Act expressed that
the adoption of a child is last on the issuance of an adoption request by the common court. The
Bill gives that rather than the court, the area judge, including extra locale officer, will issue such
adoption orders. This bill has cantered upon streams like child adoption and intolerable offenses
submitted by minors. The Act, 2015 comprises arrangements identified with the children in
struggle with the law and needing care and protection. The new amendment bill tries to present
measures for fortifying the children’s protection arrangement. This Act was passed with the view
to eliminate the troubles in translation of the past Juvenile Justice Act

What is the Juvenile Justice (Care and Protection of Children) Act, 2015

Before we move further, we are required to comprehend the history of the Juvenile justice act
2015, a new statutory act entitled as Juvenile justice care and protection of children act, 2000
which was passed and came into force on 1st April 2001 and replaced the previous one
(conspicuously Juvenile justice act 1986). Thereafter another amendment act, the Juvenile justice
act, 2015 has replaced the J.J act of 2000.  The J.J act (care and protection of children) act, 2015
was enacted by the parliament of India on 7 May 2015 in Lok Sabha and 22 December 2015 in
the Rajya Sabha. President of India assented on 31st December 2015.
The 2015 J.J act has specified and define so many new branches, board and distribute justice and
power to the competent authority to justice must be served under the constitution supervision.
J.J. act requires members of the Juvenile Committee and Child Welfare Committee to receive
initial training within two months of their appointment which is specified (under section 4 & 27)
children’s court, under section 15 after the recipient of preliminary assessment from the board
then children’s court may decide those under the prescribed provision (section 19). One of the
significant/ part sections of the Juvenile justice act 2015 that is, no child in conflict with the law
shall be sentenced to capital punishment or life incarceration without the endeavours of the
release of any such offense either aforesaid act or under the IPC provision (section 21). The
present act also elaborates about child welfare committee, it empowered the State Government
that through a notification in the official gazette to constitute one or more child welfare
committees in every district for exercising the power and to discharge the duties conferred on
such committee concerning children welfare, security so on and so forth in this act (section 27-
chapter v of J.J ACT 2015). The present act 2015 has changed the Nomenclature from “Juvenile”
to “child or “child in conflict with law”. The word Juvenile or child means a person either a boy
or girl who has not completed the 18th year of age. Although, in the earliest Juvenile justice act
1986 this age was 16 years for boys and 18 years for girls. The aforesaid concept defines in
chapter 5 of the act and procedure concerning children in conflict with law simultaneously.

A stupendous hallmark of the Juvenile Justice (care and protection of children) act 2015 is
“community/ social service as an alternative to primitive means of incarceration or fine”
specified under section 4 of the Juvenile justice act, 2015. In the present act, there is numerous
anastomosis of the new definition concerning orphaned, abandoned, and surrendered children
and also differentiate between normal crime and grave in nature offences like the petty, grave,
and heinous offence ( more serious as compared with the petty offence)is committed by juvenile;
the special provision also substituted in the act which is a special provision for heinous offences
committed by children/ Juvenile aloft the age of XVI years under section 12 of the J.J act
2015( those who committed heinous offence like rape, murder, dacoity (Section 395), etc
whether they are under the age of Xviii they can not avail juvenile justice act protection), special
provision has been inserted to preclude child offender from committing a very heinous offence in
the age group of XVI to XVIII years.

The Juvenile Justice Council offers the possibility of referring the corresponding cases of
heinous offences committed by these minors to the juvenile court (session court) only after
having carried out preliminary assessments. Even in the present act, separate new chapter over
adoption to streamline adoption of orphan abandoned and surrendered children anastomosis.
Also, CARA – Central Adoption Resource Authority has conferred the status of statutory corpus
to enable it to perform its process, function, and procedure more efficiently. The present act, the
provision related to aforesaid is detailed described in the separate chapter (VIII). Under the
provisions of the 2015 law, a single or divorced person/citizen can also adopt a child, although a
single man cannot adopt a girl child. The present act is potentially being modified by the
parliament of India to protect Juvenile against cruelty Although for the time being not a single
statutory act have so for adequate law to protect juvenile against cruelty under the present act, so
many protective measures have been included. The provision regarding registration of child care
institutions made it mandatory to register in the present act, even if these agencies are
government agencies or non-government agencies, or all or part of them, regardless of whether
they receive government subsidies or not, they must be registered under the Juvenile Justice Act
2015 within six months from the effective date of the statutory

Why amendment in Juvenile Justice Act 2015 was needed?

The Delhi gang-rape case (Mukesh v. State (NCT of Delhi) brought numerous changes in the
Indian criminal justice system. In the case of Nirbhaya a juvenile also Indulge in the same
transaction, he was the same abomination to commit the offence although due to juvenile
procedure he was being released, thereafter, throughout the Nation on agitation against his
release and questioning to law enforcement, therefore Rajya Sabha has passed the Juvenile
Justice Bill 2014, this Act indeed makes the real balance between equality before the law and the
equal protection of the laws. However, I’ve covered almost all amendments that took place in the
2015 Act in the above title.

The following main amendments was made:

  The juvenile justice act has divided the world crime into 3 diverse genera (1) petty
office (2) serious offence (3) Heinous offence.

 For the age of 16 in the case of heinous crime offender treated as an adult, not J.J.
protection shall be granted in the aforesaid case.

 If any person compelling/ giving juvenile to swallow liquor or any intoxication liquor
or drug, the punishment up to 7 years and penalty up to one lakh rupee, etc.

The Juvenile Justice Amendment Bill, 2021

Adolescent wrongdoing is certainly not another thing in India. The crime percentages are not
reducing and causing a big deal of concern. As per a report introduced by the National Crime
Reports Bureau (NCRB) in 2019, the adolescent crime percentages spikes higher when
contrasted with earlier years individually. It was additionally uncovered by the reports of NCRB
that the Child Care Institutions not working as expected even after the 2015 Amendment was
brought to the Act. The deficient and absence of Juvenile guidelines by the bodies.

The National Commission for Protection of Child Rights (NCPCR) examined the Child Care
Institutions (CCIs), in 2020 and uncovered that 90% of which are controlled by NGO’s and
tracked down that the Child Care Institutions (CCIs) were not enlisted even after the 2015
Amendment was brought to the Act. The information recommended that these home
considerations needed getting assets rather than recovery of youngsters. In this way, the bill was
acquainted with a view with executing estimates that will fortify the child protection forums.

The Juvenile Justice Amendment Bill was passed by Rajya Sabha on 28th July 2021. It was
earned help in March which was upheld and postponed by the Ministry of Women and Child
Development Ms. Smirti Zubin Irani and collected a great deal of help as well as by the
opposition parties. The Bill changes the Juvenile Justice (Care and Protection of Children) Act,
2015. The Act, 2015 comprises arrangements identified with children in struggle with the law
and needing care and protection. The Bill tries to present measures for reinforcing the child
protection arrangement.

The changes introduced by the New Amendment Bill are as follows:

 Serious offences: one of the significant amendments got the incorporation of the
classification of serious offences or serious wrongdoings. Which is ordered now into
two classifications of wrongdoing; named Heinous Offenses and Serious Offenses.
 Heinous Offences: Heinous Offences are those wrongdoings that recommend the
least discipline of seven years or more under Section 2(33) of the Indian Panel Code.
For the most part, Heinous Crimes include some type of exceptional individual injury
or death; e.g., Murder, assault, sexual molestation, and so on.
 Serious Offences: Serious offences incorporate offences for which least detainment
of three years and not surpassing seven years are endorsed under Section 2(54) of the
Indian Penal Code. This eliminates the uncertainty and has been brought to guarantee
the Juvenile’ greatest assurance to get them far from the adult justice system.
Presently the Juvenile Justice Board will ask as indicated by the offences submitted by
the Juvenile to decide if the Juvenile be attempted as a minor or a grown-up.
 Adoption: The adoption orders usually issued by the courts establish the child
belongs to the adoptive parents but now after the amendment in the Juvenile Justice
Act 2021, the District Magistrates and the Dumpty District Magistrates have the
power to sanction the adoption mechanism.
 Appeal: If a party is aggrieved by the adoption order, the party can go to the
divisional official to have to take a passage at that section to settle the complaints
however the allure ought to be made under 30 days after the District Magistrate and
Additional District Magistrate passed the request. These offers ought to be discarded
inside about a month of recording, which helps in speeding the ADOPTION
instrument.
 Designated courts: Assigned courts are the exceptional court uniquely set up for the
reason to attempt every one of the offences submitted by the Juveniles and named as
Children’s Court. Prior before the Amendment was acquainted with the Act the
offences thinking about the detainment of seven years and more to be attempted under
the Children’s Court and the offences which are punishable of detainment of fewer
than seven years will be attempted by the Judicial Magistrates. The bill corrects this to
give that all offences under the demonstration will be attempted under the Children’s
Court.
  Child Welfare Committee (CWCs): The Bill referenced that no individual will be
designated as an individual from CWC except if they have been effectively engaged
with any record of human rights or child rights has been indicted for an offense
including moral turpitude has been eliminated or excused from administrations of the
focal government or any state government or any administration undertaking and if a
part of the administration of a child care institution in a locale.
 Termination of members: The appointment of any individual from the board of
trustees will be ended by the state government after a request if they neglect to go to
the procedures of the Child Welfare Committees, therefore for three months with no
substantial reasons or then again on the off chance that they neglect to go to under
three fourth of the seating in a year. The bill additionally puts direct management on
the responsibility of CCIs as it has been found in surveys that rehabilitation of
children isn’t their need and children are kept there just to get the assets which further
prompts defilement.

Additional functions of the District Magistrates

DMs are now engaged to survey issues identified with child protection. After the Bill becomes
law, their extension will go past the survey. What’s more, when they are lawfully appointed, they
would focus on child rights and insurance region, work for Juvenile Justice Board, Child
Protection Units, and working for the State Child Government Assistance Board.

Future impact of the new amendment brought to the juvenile law

With the new bill presented by the public authority, it puts more responsibility on bureaucrats.
The disappointment in the execution of the Juvenile laws by the Child Care Protection units
prompts a flood in crime percentages by the adolescents, the extensive procedure of adoption
mechanism, and so on to determine the vagueness by the framework. The new bill arranged
segregated offences to protect the children from the adult justice framework appropriately. It
likewise gives more powers to the District Magistrates even though they are now saddled with
loads of responsibilities. The DM’s need to screen and work for the Juvenile Justice Board, for
Child Care Institutions (CCIs), and the District Juvenile Care Boards. As I would like to think,
the new bill ought to have been considered to yield the ideal outcomes. Furthermore, make it
beneficial for the insurance and care of the child.

Conclusion
The new bill is by all accounts progressive, the key changes brought to the Juvenile Laws
reinforce the insurance and care of children including to ones who require assurance under the
laws and to the individuals who struggle with the laws. It likewise streamlines the adoption
system of the Juvenile to the gatherings. It seems like the encouraging bill brings
straightforwardness to the well-being of the children. The new change is invited by the
opposition parties too in the parliament which shows the significance of the genuinely necessary
advance brought to the laws. It likewise appoints excellent capacity to the District Magistrate to
screen the Juvenile Justice framework to eliminate any vagueness to its system and to convey
better interest to the government assistance of Juvenile.

Probation of the Offenders Act

Introduction
The primary objective of the criminal justice system is to reform the criminals rather than punish
them and to provide a socialized penal device for supporting this principle of
reformation. Section 562 of the Code of Criminal Procedure, 1898 stated that any convict not
under the age of 21 years punishable with imprisonment of 7 years or less or, any convict under
the age of 21 years or any woman not punishable with life imprisonment or the death penalty,
can be released on probation of good conduct. This paved the way for the enactment of
the Probation of Offenders Act by the Parliament on 16 May 1958. Eventually, Section 562 of
Code of Criminal procedure, 1898 was repealed by Section 19 of the Act.
Meaning and History of Probation
The Black’s Law Dictionary defines Probation as “Allowing a person convicted of some minor
offence to go at large, under a suspension of sentence during good behaviour and generally under
the supervision or guardianship of a probation officer.” The word ‘Probation’ is derived from a
Latin word ‘Probo’ which means “I prove my worth” and ‘Probatio’ which means “Test of
approval” to examine whether a person can live in the society without breaking the law. Thus,
probation means the act of proving the worth and building a character worthy to be released.

It is observed that the convicts face a hard time tuning into the society after imprisonment and it
also has certain undesirable effects on the convict which are onerous to shake off in their lives
thereafter. As a result of modification of the criminal justice system, the concept of probation is
treated as a socialized penal device which started flourishing in the late nineteenth century.
Probation originated from the distinct traditions of the common and civil law. However, the
historical development of the concept of probation was highly influenced by the introduction of
the juvenile justice system and the concept of ‘positivism’ in criminal jurisprudence. The English
and American courts practised a conditional release known as ‘Release on recognizance’ which
allowed the convicts to be released on certain conditions as prescribed by the courts and await
their trial.

The Children’s Act of 1908 allowed courts to release children on probation upon good conduct.
Consequent to the Indian Jails Committee Report, the Government of India prepared a Draft
Probation of Offenders bill in 1931 which could not be processed by the provincial governments.
Due to the recommendations of the jail committee, the government of India decided to draft
comprehensive legislation on probation of offenders. The Bill was passed by the Lok Sabha but
not by the Rajya Sabha. Hence, a Joint Committee was formed for this purpose. The Joint
Committee handed over its report to the Lok Sabha and the bill was introduced in the Parliament
on 25th February 1958 thereby, resulting in the enactment of Probation of Offenders Act, 1958
(Hereinafter referred to as “the Act”, for the sake of brevity).
Thus, probation means discharging a convict, subject to the regularity of conduct and good
behaviour by imposing conditions upon his release. The convict is released only upon entering
into a bond and under the supervision of the probation officer. Probation is based upon the
scientific approach of reformation where it is seen that imprisonment is unnecessary keeping in
mind the age, character and nature of the offender. According to the United Nations Department
of Social Affairs, release on probation is a treatment device used by the courts for convicts where
he lives in the community and manages his own life, subject to the conditions imposed by the
courts and under the supervision of a probation officer. Under the Code of Criminal procedure,
1973, release on probation is dealt under Section 360.

The Probation of Offenders Act, 1958

The Probation of Offenders Act, 1958 is based on the individualistic approach to the convicts
and dealing with young offenders in an amicable manner. It is believed that young offenders can
be stopped from becoming habitual offenders if probation is allowed to them. The Act aims to
provide for the release of offenders on probation or upon due admonition and all the matters
connected therewith. It contains 19 sections and extends to the whole of India except the State of
Jammu and Kashmir. The Act aims to provide a reformative system of reform of offenders and
convert them into useful and law-abiding citizens of the country.

Salient Features
The salient features of the Act are as follows:

 The Probation of Offenders Act, 1958 is enacted with an aim to yield a mechanism
where the amateur and first-time offenders are able to reform and are kept away from
the negative influence of the jails and hardened criminals.

 The Act provides for the release of first-time offenders after due admonition for
convicts punishable under Section 379, Section 380, Section 381, Section
 404 and Section 420 of Code of Criminal Procedure and also to those who are
punishable for imprisonment of 2 years or with fine or both.

 The Act authorises the release of offenders on probation based on good conduct,
provided the offence alleged to have been committed by the offenders is not
punishable with life imprisonment or the death penalty.

 The Act empowers the Court to give orders for payment of a reasonable sum to the
victim for the injury caused to him and the cost of the proceedings by the offender.

 The Act protects those offenders who are below the age of 21 years from the sentence
of imprisonment. However, this rule does not apply to those who are offenders
punishable with life imprisonment.

 The Act empowers the Courts to set the conditions in the bond for a person released
on probation and to extend the period of probation not exceeding 3 years from the
original order.

 The Act entrusts the probation officers to supervise the probationers assigned to him
and help them in reformation and employment.

The objective of the Act

The paramount objective of the Act is to prevent young offenders from converting into habitual
offenders. Prior to this Act, there were no laws on probation in India or in the States. Hence, this
Act provides uniform provisions on the release of offenders on probation in India. There has
been a need to develop a reformative structure and a rehabilitation mechanism in the criminal
jurisprudence for the offenders and make them self sufficient and responsible citizens of the
society. Imprisonment has an adverse impact on the mental situation of the convict which
restricts his opportunity to improve. The Act intents to provide the offender with the possibility
and scope of improving his behaviour and conduct so as to lead a respectful life thereafter.

When an amateur offender or a first-time offender is put into jail, the chances of his
rehabilitation are reduced massively. The Object of the Act was explained by Justice Horwill in
the case of In Re: B. Titus and Others vs Unknown (1941)  where he stated that probation is used
to prevent turning young persons in jail and make them familiar with the hardened criminals who
can lead them further into this path. It also prevents persons of mature age but who are first-time
offenders from the bad influence of others and who can be expected to make good citizens of this
nation. Such cases have the opposite effect of imprisonment rather than what it was meant for.

In the case of Arvind Mohan Sinha vs Mulya Kumar Biswas (1974), the Supreme Court stated
that the Act is a reformative measure and its object is to reclaim amateur offenders who can be
rehabilitated.

Important Provisions of the Act

Section 3 – Admonition

Section 3 deals with the power of the courts to release offenders on admonition. The admonition
is nothing but reprimand. This Section empowers the courts to release the offenders where the
offenders are released without undergoing the penalty prescribed by the Indian Penal Code or
any other relevant law. However, an offender is eligible for release under this Section only if the
following requisites are observed:

1. The person is guilty under Section 379 or Section 380 or Section 381 or Section 404
or Section 420 of Indian Penal Code, or

2. The person is guilty of any offence punishable with imprisonment not exceeding 2
years or with fine, or with both under the Indian Penal Code or any other law and

3. No previous convictions are proved against such persons, and

4. The nature of the offence and the character of the offender is taken into consideration.
If a case abides with the above-mentioned requisites, then if the court deems fit, can avoid
sentencing such person with imprisonment or with probation under good conduct by releasing
the offender after giving a warning or advice to such person.
In the case of Basikesan vs State of Orissa AIR 1967 Ori 4, a 20-year-old boy was found guilty
of an offence under Section 380 of IPC and had no previous conviction against him. The court
held that this is a fit case for the application of Section 3 of Probation of Offender Act and he
was released after due admonition. In another case, Ahmed vs State of Rajasthan AIR 1967 Raj
190, the court held that this Section cannot be applied when a person indulged in an act which
resulted in a major communal tension in the society.

Section 4 – Probation of Good Conduct

Section 4 of the Act is the most important provision. It lays down that an offender can be
released on probation of good conduct without the sentence of imprisonment by the court.  The
following points are applicable for this provision:

1. This Section is not applicable to any person who is convicted with either life
imprisonment or death penalty for the offence committed by him.

2. The Court shall consider the nature of the offence committed by such person as well
as the character of the person while considering whether the person is eligible to be
released on probation of good conduct.

3. Without sentencing the offender for any punishment, the court may release the
offender on probation of good conduct.

4. This Section empowers the court to give directions to execute a bond, with or without
sureties, to appear before the court when called and receive the sentence given to him
by the court.

5. This shall be done within such a period which shall not exceed 3 years.

6. The Court shall consider the report of the Probation Officer before making an order
for probation. However, such a report is not mandatory.

7. Additionally, the Court can also pass an order of supervision which shall not exceed 1
year. In such a case, the Probation Officer is ordered to supervise the probationer for
such a period. The court may also include conditions of the supervision in the order.
This Section requires that the offender or his surety (if any) shall have a fixed place of residence
and a fixed occupation at a place where the court giving such an order has jurisdiction. The Court
shall explain all the terms and conditions of the probation order and supervision order to the
offender and provide him with a copy of the orders the offender(s), sureties and the probation
officer.

The Court did not provide the benefit of Section 4 of the Act in the case of State of Maharashtra
vs Natwarlal AIR 1980 SC 593, where the offender smuggled gold. The court stated that this
offence affects public revenue and the economy of the nation thereby affecting public interest at
large.

In Phul Singh vs State of Haryana AIR 1980 SC 249, the court clarified that the provision of
Section 4 should neither be seen as undue leniency nor should it be applied in undeserving cases.
Further, in the case of Ram Prakash vs State of Himachal Pradesh AIR 1973 SC 780, the court
held that the provisions of Section 3 and Section 4 are not mandatory because of the presence of
the word “may” instead of the word “must”.

Section 5 – Compensation and Costs

Section 5 states that along with the orders under Section 3 and Section 4, the court can furnish an
additional order directing the offender released after due admonition or released on probation of
good conduct to pay:

 Compensation, as the courts think, shall be reasonable for any loss or injury caused to
the victim due to the offender

 Costs of the proceedings

While calculating the quantum of compensation and the costs to be paid by the offender, it is
solely on the discretion of the court as to what is reasonable in the case. This was held in the case
of Rajeshwari Prasad vs Ram Babu Gupta AIR 1961 Pat 19.
Section 14 – Duties of Probation Officers

Section 14 deals with the duties of a probation officer. These duties are subject to the restrictions
and conditions laid down by the court in specific orders:

1. Inquire with the suitable circumstances and surroundings of the house of the
probationer and submit a report to the court;

2. Supervise the probationers placed under him and help them to find employment;

3. Advice and assist the offenders in payment of costs and compensation;

4. Advi

5. ce and assist the offenders released under Section 4;

6. Perform prescribed duties.

Scope of the Act

A huge discretionary power has been vested with the courts by the Act to release the convicts
after due admonition or on probation of good conduct. The main motive of entrusting the courts
with such a power is because each case is different from the other and a generalised provision
cannot be made in this respect. It is purely upon the court to determine the nature of the offence,
the character of the offender as well as the quantum of compensation or costs to be paid to the
victim. Section 17 of the Act gives power to the State Government, upon approval of the Central
Government, to make rules for the proper implementation of this Act. All the duties, salary etc
for the probation officers shall be decided by the State Governments.

Conclusion
To conclude, it can be said that this reformative action intended by the legislature can be
successful only when the judiciary and the administration work together. The Probation of
Offenders Act is ideal for a country like India, where prison overcrowding is one of the key
contributing factors of bad prison facilities. Every person wants an opportunity to improve by
becoming better and this Act gives exactly that.