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Juvenile Justice (Care and

Protection of Children) Act,
2015
CHILD IN CONFLICT WITH LAW

Understanding the privileges
exclusive to juvenile
Apprehension and
Definition: Section 2(35) Detention: Section 14
Inquiry: Section 15
A juvenile cannot be
detained in a police
station or jail. Instead,
A juvenile is defined as
they must be placed
a person who has not
in a place of safety,
completed the age of
such as an observation
18 years.
home or a special
home.
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Bail: Section 17
The inquiry into a
juvenile's case must
be conducted by
the Juvenile Justice
Board (JJB) in a A juvenile is entitled
confidential to bail unless there
manner. The are special reasons
juvenile has the right to deny it.
to be represented
by a lawyer and to
have their parents
or guardians
present.
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Continued.. 3

Trial: Section 21
A juvenile cannot be tried in an adult court. Instead, they must be tried in a juvenile
court.

Punishment: Section 22
The maximum punishment that can be imposed on a juvenile is three years of imprisonment in a
special home.

Rehabilitation
The Juvenile Justice Act places a strong emphasis on the rehabilitation of juvenile offenders.
Juveniles who are found guilty of offences are typically placed in special homes where they are
provided with education, vocational training, and other support services to help them reintegrate
into society.

Special Privileges
In addition to the general
privileges listed earlier, the
Juvenile Justice Act also
provides some special
privileges to juvenile
offenders.
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Confidentiality: The identity of
a juvenile offender is kept
confidential and cannot be
published in the media
(Section 74).
Fresh start: After a juvenile
These include: has served their sentence,
their records are
expunged so that they
can get a fresh start in life
(Section 24).
Protection from exploitation: The
Juvenile Justice Act prohibits the
exploitation of juvenile offenders,
including trafficking and
commercial sexual exploitation.
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Additional features of the Juvenile 5

Justice Act, 2015

The Juvenile Justice Act also provides for special provisions for
children in conflict with the law who are victims of trafficking,
sexual exploitation, or other forms of abuse.

The Act also recognizes the special needs of children with disabilities
and provides for their appropriate care and rehabilitation.

The Juvenile Justice Act is a progressive piece of legislation that is in line with
international best practices for juvenile justice.
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Cases that helped shape the interpretation 6

and implementation of the Act in India
(Landmark cases)
 Salil Bali v. Union of India & Anr. (2013): The Supreme Court held that the
Juvenile Justice Act must be interpreted in a manner that is consistent with the
best interests of the child. The Court also held that the Act must be
implemented in a fair and just manner, and that juveniles must be given all the
opportunities for rehabilitation.
 Dr. Subramanian Swamy & Ors. v. Raju Thr. Member Juvenile Justice Board &
Anr. (2014): The Supreme Court held that the Juvenile Justice Act does not bar
the transfer of a juvenile to an adult court if the juvenile is found to be capable
of understanding the consequences of his or her acts and is capable of making
a rational decision.
 Sampurna Behura vs. Union of India & Ors. (2018): The Supreme Court held that
the Juvenile Justice Act must be implemented in a manner that is consistent
with the child's right to education, healthcare, and other essential services. The
Court also held that the Act must be implemented in a manner that minimizes
the trauma and stigma associated with being in conflict with the law.
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Recent developments 7

In the case of Mukesh &ors v. State of Delhi ,popularly known as “Delhi Gang Rape case ” or
“Nirbhaya case” the apex court refused to grant the harsher punishment on the account of
the heinousness of the conduct and tried him as a minor. One of the rapists was a minor at
the time which gave him a security from harsh punishment which led to questions, outrage
amongst the public seeking justice which led the court to think about it all over again.

Legislations in the wake of

Nirbhaya rape were passed
in 2015.

NCPCR also in the light of

The Rajya Sabha approved the Juvenile
this case, issued a guideline
Justice (Care and Protection)Bill,2015 in
to deal with minors who are
December. The new act replaced the prior
mentally and physically
legislation – the Juvenile Justice (Care and
capable of heinous crime.
Protection) Act, 2000.
(2years afterwards)
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NCPCR guidelines for trying a juvenile as an 8

adult in case of heinous crimes.
The draft relying on already existing provisions in the Act says that the preliminary assessment has to
determine following aspects:
• Physical capacity of the child: To determine the child’s ‘locomotor’ abilities and capacities, particularly
with regard to gross motor functions such as walking, running, lifting, throwing…such abilities as would be
required to engage in most antisocial activities.
• Mental capacity: To determine the child’s ability to make social decisions and judgments. It also directs
assessments pertaining to mental health disorders, substance abuse, and life skills deficits.
• Circumstances in which the offence was allegedly committed: Psychosocial vulnerabilities of the child.
This is to include life events, any trauma, abuse, and mental health problems, stating that the offence
behaviour is a cumulative consequence of a lot of other circumstances.
• Ability to understand the consequences of the alleged offence: To determine the child’s knowledge or
understanding of the alleged offence’s social, interpersonal and legal consequences. These include
what others will say or perceive him, how it might affect his personal relationships and the knowledge of
relevant laws, respectively.
• Building a rapport: It also states that the experts must be given an optimal opportunity to interact with
the child to build a rapport. Experts can be from the field of child psychology and psychiatry. It also
states they must undergo regular training.
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Conclusion 9

The Juvenile Justice Act is designed to protect the rights of juvenile

offenders and to promote their rehabilitation. The special privileges
provided to juvenile offenders under the Act reflect the recognition
that juveniles are still developing and that they are more likely to be
rehabilitated than adult offenders.

Pic credit- Medium.com