The Juvenile Justice (Care And Protection Of Children) Act One Liner Notes

The Juvenile Justice (Care And Protection Of Children) Act One Liner Notes

Free Online Judiciary Coaching Classes Free Online Judiciary Coaching Classes

THE JUVENILE JUSTICE

(CARE AND PROTECTION OF CHILDREN) ACT, 2015

 

When did the Juvenile Justice (Care and Protection of Children) Act, 2015 come into force?

The Act was enacted on 31st December, 2015.

What is the Act number of the JJ Act?

Act no. 2 of 2016

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

The Act aims to consolidate and amend laws relating to children in conflict with law and children in need of care and protection by ensuring their care, protection, development, treatment, social reintegration, and rehabilitation in a child-friendly manner, keeping the best interests of the child as the primary consideration.

Which constitutional provisions form the basis of the Juvenile Justice Act, 2015?

The Act is based on Articles 15(3), 39(e) and (f), 45, and 47 of the Constitution of India, which impose duties on the State to protect the rights and welfare of children.

Which international convention influenced the enactment of the Juvenile Justice Act, 2015?

The Act is influenced by the United Nations Convention on the Rights of the Child, which India acceded to on 11th December, 1992.

Why was the Juvenile Justice Act, 2000 repealed and re-enacted?

The Juvenile Justice Act, 2000 was re-enacted to make comprehensive provisions for children in conflict with law and children in need of care and protection, in line with international standards and conventions.

Which international instruments are considered while framing the Juvenile Justice Act, 2015?

The Act takes into account the Convention on the Rights of the Child, the Beijing Rules (1985), the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (1990), the Hague Convention on Inter-country Adoption (1993), and other related international instruments.

In which year was the act enacted?

It was enacted in the year of 66th year of republic.

 

CHAPTER-I

PRELIMINARY

What does the section 1 deals with?

Short title, extent, commencement and application

What is the short title of the Juvenile Justice Act, 2015?

The Act is called the Juvenile Justice (Care and Protection of Children) Act, 2015.

To which extent does the Juvenile Justice (Care and Protection of Children) Act, 2015 apply?

The Act extends to the whole of India.

When does the Juvenile Justice (Care and Protection of Children) Act, 2015 come into force?

The Act comes into force on such date as the Central Government may appoint by notification in the Official Gazette. (15th Jan, 2016)

Whether the Juvenile Justice Act, 2015 overrides other laws?

Yes, notwithstanding anything contained in any other law for the time being in force, the provisions of this Act shall apply to matters concerning children in need of care and protection and children in conflict with law.

To which matters relating to children in conflict with law does the Act apply?

The Act applies to apprehension, detention, prosecution, penalty or imprisonment, rehabilitation, and social reintegration of children in conflict with law.

To which matters relating to children in need of care and protection does the Act apply?

The Act applies to procedures, decisions, or orders relating to rehabilitation, adoption, reintegration, and restoration of children in need of care and protection.

What does Section 2 of the Act deal with?

Definitions of key terms used in the Act.

What is meant by an “abandoned child” under Section 2(1)?

A child deserted by biological or adoptive parents or guardians and declared abandoned by the Committee after due inquiry.

How is “adoption” defined under Section 2(2)?

A process through which the child is permanently separated from biological parents and becomes the lawful child of adoptive parents with all rights, privileges and responsibilities.

What are “adoption regulations” under Section 2(3)?

Regulations framed by the Authority and notified by the Central Government in respect of adoption.

What does “aftercare” mean under Section 2(5)?

Provision of support, financial or otherwise, to persons aged above eighteen years but below twenty-one years who have left institutional care.

Who is an “authorised foreign adoption agency” under Section 2(6)?

A foreign child welfare agency authorised by CARA on recommendation of the Central Authority or Government department of that country for sponsoring the application of non-resident Indian or overseas citizen of India or persons of Indian origin or foreign prospective adoptive parents for adoption of a child from India

What does the term “Authority” refer to under Section 2(7)?

The Central Adoption Resource Authority constituted under section 68.

What is the meaning of “begging” under Section 2(8)?

Soliciting or receiving alms or exposing deformity, injury or disease to obtain or extort alms.

What activities constitute begging under Section 2(8)(i)?

Soliciting or receiving alms in public places or private premises under any pretence.

What conduct is covered under begging as per Section 2(8)(ii)?

Exposing or exhibiting wounds, injuries, deformities or diseases of self, others or animals to obtain alms.

What is meant by “best interest of child” under Section 2(9)?

The basis for decisions ensuring fulfilment of the child’s rights, needs, identity, social well-being and overall development.

What does “Board” refer to under Section 2(10)?

A Juvenile Justice Board constituted under section 4.

What does Section 2(11) define?

Central Authority.

What is meant by “Central Authority” under Section 2(11)?

The Government department recognised under the Hague Convention on Protection of Children and Cooperation in Inter-country Adoption, 1993.

What does Section 2(12) define?

Child.

Who is a “child” under Section 2(12)?

A person who has not completed eighteen years of age.

What does Section 2(13) define?

Child in conflict with law.

Who is a “child in conflict with law” under Section 2(13)?

A child alleged or found to have committed an offence and who had not completed eighteen years of age on the date of commission of the offence.

What does Section 2(14) define?

Child in need of care and protection.

What does Section 2(14) of the Juvenile Justice Act deal with?

It defines the circumstances under which a child is considered a “child in need of care and protection”.

Who is covered under Section 2(14)(i)?

A child found without any home or settled place of abode and without any ostensible means of subsistence.

When does Section 2(14)(ii) apply?

When a child is found working in contravention of the Act or labour laws, or is found begging or living on the street.

What situation is addressed under Section 2(14)(iii)?

Cases where a child resides with a person who poses harm or serious risk to the child.

When does Section 2(14)(iii)(a) become applicable?

When the person residing with the child has injured, exploited, abused, neglected the child, or violated any child protection law.

What is the scope of Section 2(14)(iii)(b)?

When a person has threatened to kill, injure, exploit or abuse the child and there is a reasonable likelihood of the threat being carried out.

What does Section 2(14)(iii)(c) cover?

When a person has harmed another child and there is a reasonable likelihood that the child in question may face similar harm.

Who falls under Section 2(14)(iv)?

A child who is mentally ill, mentally or physically challenged, or suffering from a terminal or incurable disease.

When is Section 2(14)(iv) attracted?

When such a child has no one to support or care for them, or when parents or guardians are found unfit by the Board or Committee.

What does Section 2(14)(v) deal with?

Children whose parents or guardians are unfit or incapacitated to care for them.

When is Section 2(14)(v) applicable?

When the Committee or the Board finds that the parent or guardian cannot protect the child’s safety and well-being.

What category of children is included under Section 2(14)(vi)?

Children who do not have parents, no one willing to take care of them, or who are abandoned or surrendered.

When does Section 2(14)(vii) apply?

When a child is missing or a runaway and the parents cannot be traced after reasonable inquiry.

What is covered under Section 2(14)(viii)?

Children who have been, are being, or are likely to be abused, tortured, or exploited for sexual abuse or illegal acts.

What does Section 2(14)(ix) address?

Children vulnerable to drug abuse or drug trafficking.

When is Section 2(14)(ix) attracted?

When a child has been, is being, or is likely to be inducted into drug abuse or trafficking.

What situation is contemplated under Section 2(14)(x)?

Abuse of a child for unconscionable gains.

When does Section 2(14)(x) apply?

When a child is being or is likely to be abused for unconscionable gains.

Who is protected under Section 2(14)(xi)?

Children who are victims of or affected by armed conflict, civil unrest, or natural calamity.

What does Section 2(14)(xii) deal with?

Children at imminent risk of child marriage.

When is Section 2(14)(xii) applicable?

When a child is likely to be married before attaining the legal age and responsible persons are likely to solemnise such marriage.

What does Section 2(15) define?

Child friendly.

What is meant by “child friendly” under Section 2(15)?

Any behaviour, conduct, practice, process, attitude, environment or treatment that is humane, considerate and in the best interest of the child.

What does Section 2(16) define?

Child legally free for adoption.

When is a child considered “legally free for adoption” under Section 2(16)?

When the child is declared legally free for adoption by the Committee after due inquiry under section 38.

What does Section 2(17) define?

Child Welfare Officer.

Who is a Child Welfare Officer under Section 2(17)?

An officer attached to a child care institution to carry out the directions of the Committee or the Board as prescribed.

What does Section 2(18) define?

Child Welfare Police Officer.

Who is a Child Welfare Police Officer under Section 2(18)?

A police officer designated as such under section 107(1) of the Act.

What does Section 2(19) define?

Children’s Home.

What is a Children’s Home under Section 2(19)?

A home established or maintained by the State Government or a voluntary or non-governmental organisation, registered under section 50, for specified child care purposes.

What does Section 2(20) define?

Children’s Court.

What is meant by “Children’s Court” under Section 2(20)?

A court established under the Commissions for Protection of Child Rights Act, 2005 or a Special Court under the POCSO Act, or where not designated, the Court of Sessions having jurisdiction.

What does Section 2(21) define?

Child care institution.

What constitutes a child care institution under Section 2(21)?

Children’s Home, open shelter, observation home, special home, place of safety, Specialised Adoption Agency, or fit facility recognised under the Act.

What does Section 2(22) define?

Committee.

What is meant by “Committee” under Section 2(22)?

The Child Welfare Committee constituted under section 27 of the Act.

What does Section 2(23) define?

Court.

What is meant by “court” under Section 2(23)?

A civil court having jurisdiction over adoption and guardianship matters, including District Courts, Family Courts and City Civil Courts.

What does Section 2(24) define?

Corporal punishment.

What is corporal punishment under Section 2(24)?

Physical punishment involving deliberate infliction of pain on a child as retribution, discipline or reform.

What does Section 2(25) define?

Childline services.

What are childline services under Section 2(25)?

A 24-hour emergency outreach service for children in crisis that connects them to emergency or long-term care and rehabilitation.

What does Section 2(26) define?

District Child Protection Unit.

What is a District Child Protection Unit under Section 2(26)?

A unit established by the State Government under section 106 to ensure implementation of this Act and other child protection measures in the district under the supervision of the District Magistrate.

Who is included within the term “District Magistrate” under Section 2(26-A)?

The District Magistrate and the Additional District Magistrate of the District.

What does Section 2(27) define?

Fit facility.

What is meant by a “fit facility” under Section 2(27)?

A facility run by a government or registered voluntary or non-governmental organisation, recognised by the Committee or Board to temporarily take responsibility of a child for a specific purpose under section 51(1).

What does Section 2(28) define?

Fit person.

Who is a “fit person” under Section 2(28)?

A person recognised by the Committee or Board, after inquiry, as suitable to take responsibility and care of a child for a specific purpose.

What does Section 2(29) define?

Foster care.

What is foster care under Section 2(29)?

Placement of a child by the Committee in the domestic environment of a family other than the biological family for alternate care under supervision.

What does Section 2(30) define?

Foster family.

Who is a foster family under Section 2(30)?

A family found suitable by the District Child Protection Unit to keep children in foster care under section 44.

What does Section 2(31) define?

Guardian.

Who is considered a guardian under Section 2(31)?

A natural guardian or any person having actual charge of the child and recognised as guardian by the Committee or Board during proceedings.

What does Section 2(32) define?

Group foster care.

What is group foster care under Section 2(32)?

A family-like care facility for children in need of care and protection without parental care, providing personalised and community-based care.

What does Section 2(33) define?

Heinous offences.

What are heinous offences under Section 2(33)?

Offences punishable with a minimum imprisonment of seven years or more under the IPC or any other law.

What does Section 2(34) define?

Inter-country adoption.

What is inter-country adoption under Section 2(34)?

Adoption of a child from India by a non-resident Indian, person of Indian origin, or a foreigner.

What does Section 2(35) define?

Juvenile.

Who is a juvenile under Section 2(35)?

A child below the age of eighteen years.

What does Section 2(36) define?

Narcotic drug and psychotropic substance.

How are “narcotic drug” and “psychotropic substance” defined under Section 2(36)?

They have the meanings assigned under the Narcotic Drugs and Psychotropic Substances Act, 1985.

What does Section 2(37) define?

No objection certificate.

What is a no objection certificate under Section 2(37)?

A certificate issued by the Central Adoption Resource Authority for inter-country adoption.

What does Section 2(38) define?

Non-resident Indian.

Who is a non-resident Indian under Section 2(38)?

A person holding an Indian passport and residing abroad for more than one year.

What does Section 2(39) define?

Notification.

What is meant by “notification” under Section 2(39)?

A notification published in the Official Gazette of India or the Gazette of a State.

What does Section 2(40) define?

Observation home.

What is an observation home under Section 2(40)?

A registered home established and maintained by the State Government for temporary reception of children for purposes specified under section 47(1).

What does Section 2(41) define?

Open shelter.

What is an open shelter under Section 2(41)?

A facility established and maintained by the State Government, either directly or through a voluntary or non-governmental organisation, under section 43(1), registered for specified purposes.

What does Section 2(42) define?

Orphan.

Who is considered an orphan under Section 2(42)(i)?

A child who is without biological or adoptive parents or a legal guardian.

When does Section 2(42)(ii) apply?

When a child’s legal guardian is not willing or not capable of taking care of the child.

What does Section 2(43) define?

Overseas citizen of India.

Who is an overseas citizen of India under Section 2(43)?

A person registered as such under the Citizenship Act, 1955.

What does Section 2(44) define?

Person of Indian origin.

Who is a person of Indian origin under Section 2(44)?

A person whose lineal ancestor is or was an Indian national and who holds a Person of Indian Origin Card issued by the Central Government.

What does Section 2(45) define?

Petty offences.

What are petty offences under Section 2(45)?

Offences punishable with a maximum imprisonment of up to three years under the IPC or any other law.

What does Section 2(46) define?

Place of safety.

What is a place of safety under Section 2(46)?

A place or institution other than a police lockup or jail, meant to receive and care for children in conflict with law during inquiry and rehabilitation, as ordered by the Board or Children’s Court.

What does Section 2(47) define?

Prescribed.

What is meant by “prescribed” under Section 2(47)?

Prescribed by rules made under this Act.

What does Section 2(48) define?

Probation officer.

Who is a probation officer under Section 2(48)?

An officer appointed under the Probation of Offenders Act, 1958 or a Legal-cum-Probation Officer under the District Child Protection Unit.

What does Section 2(49) define?

Prospective adoptive parents.

Who are prospective adoptive parents under Section 2(49)?

Persons eligible to adopt a child as per section 57 of the Act.

What does Section 2(50) define?

Public place.

How is “public place” defined under Section 2(50)?

It has the same meaning as assigned under the Immoral Traffic (Prevention) Act, 1956.

What does Section 2(51) define?

Registered.

What does “registered” mean under Section 2(51)?

Child care institutions or agencies authorised and registered under section 41 to provide short-term or long-term residential care to children.

What does Section 2(52) define?

Relative.

Who is considered a relative under Section 2(52) for adoption purposes?

Paternal or maternal uncle or aunt, or paternal or maternal grandparent.

What does Section 2(53) define?

State Agency.

What is a State Agency under Section 2(53)?

The State Adoption Resource Agency established under section 67 to deal with adoption and related matters.

What does Section 2(54) define?

Serious offences.

What are “serious offences” under Section 2(54)?

Offences where the punishment under the IPC or any other law is— (a) minimum imprisonment of more than 3 years and up to 7 years; OR

(b) maximum imprisonment of more than 7 years, but no minimum imprisonment is prescribed, or the minimum is less than 7 years.

What does Section 2(55) define?

Special Juvenile Police Unit.

What is a Special Juvenile Police Unit under Section 2(55)?

A designated police unit, including district, city, or railway police, dealing with children under section 107.

What does Section 2(56) define?

Special home.

What is a special home under Section 2(56)?

A registered institution for housing and rehabilitating children in conflict with law, sent there by order of the Board after inquiry.

What does Section 2(57) define?

Specialised Adoption Agency.

What is a Specialised Adoption Agency under Section 2(57)?

A recognised institution for housing orphans, abandoned and surrendered children for adoption, placed by order of the Committee.

What does Section 2(58) define?

Sponsorship.

What is sponsorship under Section 2(58)?

Supplementary financial or other support to families for the medical, educational and developmental needs of a child.

What does Section 2(59) define?

State Government.

Who is the State Government for a Union Territory under Section 2(59)?

The Administrator appointed by the President under Article 239 of the Constitution.

What does Section 2(60) define?

Surrendered child.

Who is a surrendered child under Section 2(60)?

A child relinquished by parents or guardian due to uncontrollable physical, emotional or social factors and declared so by the Committee.

What does Section 2(61) provide?

Interpretation clause.

What is the rule under Section 2(61)?

Words not defined in this Act but defined in other Acts carry the meanings assigned in those Acts.

 

CHAPTER-II

GENERAL PRINCIPLES OF CARE AND PROTECTION OF CHILDREN

What does section 3 deals with?

General principles to be followed in administration of Act

What is the purpose of Section 3 of the Juvenile Justice (Care and Protection of Children) Act, 2015?

Section 3 lays down the fundamental principles that must guide all authorities and agencies while implementing the provisions of the Act.

Which authorities are required to follow the general principles under Section 3 of the Act?

The Central Government, State Governments, the Board, the Committee, and other agencies implementing the Act are required to follow these principles.

What does the principle of presumption of innocence under the JJ Act state?

It provides that any child shall be presumed to be innocent of any mala fide or criminal intent up to the age of eighteen years.

What is meant by the principle of dignity and worth under Section 3?

It mandates that all human beings shall be treated with equal dignity and rights.

What does the principle of participation guarantee to a child?

It guarantees every child the right to be heard and to participate in all processes and decisions affecting his interest, with due regard to age and maturity.

How is the principle of best interest of the child defined under the Act?

It requires that all decisions regarding the child be based on the primary consideration of the child’s best interest and full development of potential.

What does the principle of family responsibility emphasize?

It emphasizes that the primary responsibility of care, nurture, and protection of the child lies with the biological family or adoptive or foster parents.

What obligations arise from the principle of safety under the JJ Act?

It requires that all measures be taken to ensure the child is safe and not subjected to harm, abuse, or maltreatment while in contact with the care and protection system and thereafter.

What is the objective of positive measures under Section 3?

Positive measures aim to mobilise all resources, including family and community resources, to promote well-being, identity development, and reduce vulnerabilities of children.

What does the principle of non-stigmatising semantics prohibit?

It prohibits the use of adversarial or accusatory words in processes pertaining to a child.

What is the principle of non-waiver of rights under the JJ Act?

It states that no waiver of any right of the child is permissible or valid, and non-exercise of a right shall not amount to waiver.

How does the JJ Act ensure equality and non-discrimination?

It mandates that no child shall be discriminated against on grounds such as sex, caste, ethnicity, place of birth, disability, and ensures equal access, opportunity, and treatment.

What protection is provided under the principle of right to privacy and confidentiality?

It ensures protection of the child’s privacy and confidentiality by all means throughout the judicial process.

When can institutionalisation of a child be resorted to under the Act?

Institutionalisation may be used only as a measure of last resort after making a reasonable inquiry.

What does the principle of repatriation and restoration provide?

It provides that every child has the right to be reunited with his family at the earliest and restored to the previous socio-economic and cultural status unless not in his best interest.

What is the principle of fresh start under Section 3?

It mandates that all past records of a child under the juvenile justice system should be erased except in special circumstances.

What is the principle of diversion under the Juvenile Justice Act?

It promotes measures for dealing with children in conflict with law without resorting to judicial proceedings unless required in the best interest of the child or society.

What do the principles of natural justice require under the JJ Act?

They require adherence to procedural fairness, including the right to a fair hearing, rule against bias, and the right to review by judicial authorities under the Act.

 

CHAPTER-III

JUVENILE JUSTICE BOARD

What does Section 4 of the Juvenile Justice Act deals with?

Section 4 deals with Juvenile Justice Board

Which authority is responsible for constituting Juvenile Justice Boards under the Act?

The State Government is responsible for constituting Juvenile Justice Boards.

For what purpose is a Juvenile Justice Board constituted?

A Juvenile Justice Board is constituted to exercise powers and discharge functions relating to children in conflict with law under the Act.

How many Juvenile Justice Boards may be constituted for a district?

The State Government may constitute one or more Juvenile Justice Boards for every district.

Does the constitution of the Juvenile Justice Board override the Code of Criminal Procedure, 1973?

Yes, the constitution of the Juvenile Justice Board applies notwithstanding anything contained in the Code of Criminal Procedure, 1973.

Who presides over the Juvenile Justice Board as the Principal Magistrate?

A Metropolitan Magistrate or a Judicial Magistrate of the First Class, other than the Chief Metropolitan Magistrate or Chief Judicial Magistrate, with at least three years’ experience presides as the Principal Magistrate.

What is the composition of a Juvenile Justice Board?

The Board consists of a Principal Magistrate and two social workers, of whom at least one shall be a woman, forming a Bench.

What powers does the Juvenile Justice Board exercise during proceedings?

The Board exercises the powers conferred by the Code of Criminal Procedure, 1973 on a Metropolitan Magistrate or Judicial Magistrate of the First Class.

What minimum experience is required for appointment of a social worker as a Board member?

A social worker must have at least seven years’ active involvement in health, education, or welfare activities relating to children, or be a practicing professional with a degree in child psychology, psychiatry, sociology, or law.

Who is disqualified from being selected as a member of the Juvenile Justice Board?

A person is disqualified if he has a past record of violation of human or child rights, has been convicted of an offence involving moral turpitude without reversal or pardon, has been removed from government service, or has indulged in child abuse, child labour, or immoral acts.

What obligation does the State Government have regarding training of Board members?

The State Government must ensure induction training and sensitisation of all Board members, including the Principal Magistrate, within sixty days from the date of appointment.

What subjects must be covered in the induction training of Board members?

The induction training must cover care, protection, rehabilitation, legal provisions, and justice for children, as prescribed.

How is the term of office of members of the Juvenile Justice Board regulated?

The term of office of Board members and the manner of resignation are regulated as prescribed.

Can the appointment of a Board member be terminated by the State Government?

Yes, the State Government may terminate the appointment of a Board member other than the Principal Magistrate after holding an inquiry.

On what grounds can a Board member’s appointment be terminated?

Termination may occur if the member misuses powers, fails to attend proceedings for three consecutive months without valid reason, fails to attend at least three-fourths of sittings in a year, or becomes ineligible during the term.

What is the subject matter of Section 5 of the Juvenile Justice Act?

Section 5 deals with the placement and continuation of inquiry where a person ceases to be a child during the process of inquiry.

When does Section 5 of the Act become applicable?

It becomes applicable when an inquiry has been initiated against a child under the Act and the child attains the age of eighteen years during the course of the inquiry.

Does attaining the age of eighteen years affect the continuation of inquiry under the JJ Act?

No, the inquiry may be continued despite the person attaining the age of eighteen years.

Which authority is empowered to continue the inquiry under Section 5?

The Juvenile Justice Board is empowered to continue the inquiry.

How is the person to be treated for the purpose of inquiry after attaining eighteen years?

The person shall be treated as if he had continued to be a child for the purpose of the inquiry.

Can orders be passed against a person who attains majority during inquiry under the Act?

Yes, the Board may pass orders in respect of such person as if he had continued to be a child.

Does Section 5 operate notwithstanding other provisions of law?

Yes, Section 5 applies notwithstanding anything contained in the Act itself or in any other law for the time being in force.

What is the subject of Section 6 of the Juvenile Justice Act?

Section 6 deals with the placement and treatment of persons who committed an offence when they were below the age of eighteen years.

To whom does Section 6(1) apply?

It applies to a person who has completed eighteen years of age and is apprehended for committing an offence when he was below eighteen years.

How is a person to be treated during inquiry if the offence was committed below eighteen years of age?

Such person shall be treated as a child during the process of inquiry.

Is the treatment of such a person as a child unconditional under Section 6?

No, the treatment is subject to the provisions of Section 6.

Where is a person to be placed if not released on bail during inquiry under Section 6?

The person shall be placed in a place of safety during the process of inquiry.

Which authority decides the release of such person on bail under Section 6?

The Juvenile Justice Board decides whether the person is to be released on bail.

What procedure governs the inquiry of a person covered under Section 6?

The inquiry shall be conducted in accordance with the procedure specified under the provisions of the Act.

What is the subject matter of Section 7 of the Juvenile Justice Act?

Section 7 lays down the procedure to be followed by the Juvenile Justice Board in conducting its meetings and proceedings.

How are the meetings of the Juvenile Justice Board to be conducted?

The Board shall meet at prescribed times and observe prescribed rules for transaction of business at its meetings.

What obligation does the Board have regarding the nature of its procedures?

The Board must ensure that all procedures are child-friendly.

How should the venue of the Juvenile Justice Board be structured?

The venue should not be intimidating to the child and should not resemble regular courts.

Can a child in conflict with law be produced before a single member of the Board?

Yes, a child may be produced before an individual member of the Board when the Board is not in sitting.

Does the absence of a Board member invalidate its proceedings?

No, the Board may act notwithstanding the absence of any member, and no order shall be invalid solely due to such absence.

What is the minimum quorum required for final disposal of a case by the Board?

At least two members, including the Principal Magistrate, must be present at the time of final disposal of the case.

Is the presence of the Principal Magistrate mandatory for certain orders of the Board?

Yes, the Principal Magistrate must be present at the time of final disposal of the case or while making an order under Section 18(3).

How are differences of opinion among Board members resolved?

The opinion of the majority of the members shall prevail.

What happens if there is no majority opinion among the members of the Board?

In the absence of a majority, the opinion of the Principal Magistrate shall prevail.

What is the subject matter of Section 8 of the Juvenile Justice Act?

Section 8 defines the powers, functions, and responsibilities of the Juvenile Justice Board.

What exclusive jurisdiction is conferred on the Juvenile Justice Board under Section 8(1)?

The Board has exclusive power to deal with all proceedings relating to children in conflict with law within its territorial jurisdiction.

Does Section 8 override other laws in force?

Yes, the powers of the Board apply notwithstanding anything contained in any other law, except as expressly provided under the Act.

Can the powers of the Juvenile Justice Board be exercised by higher courts?

Yes, the High Court and the Children’s Court may exercise the powers of the Board when proceedings come before them under Section 19 or in appeal, revision, or otherwise.

What role does the Board play in ensuring participation during proceedings?

The Board must ensure the informed participation of the child and the parent or guardian at every step of the process.

How does the Board ensure protection of the child’s rights?

The Board ensures that the child’s rights are protected during apprehension, inquiry, aftercare, and rehabilitation.

What responsibility does the Board have regarding legal assistance to the child?

The Board must ensure availability of legal aid to the child through legal services institutions.

When is the Board required to provide an interpreter or translator to a child?

The Board shall provide an interpreter or translator if the child fails to understand the language used in the proceedings.

Who conducts social investigation under the direction of the Board?

The Probation Officer, or if unavailable, the Child Welfare Officer or a social worker conducts the social investigation.

What is the time limit for submission of the social investigation report?

The social investigation report must be submitted within fifteen days from the date of first production before the Board.

What is the Board’s role in adjudicating cases of children in conflict with law?

The Board adjudicates and disposes of cases in accordance with the inquiry process specified under Section 14.

Under what circumstances can the Board transfer a matter to the Child Welfare Committee?

The Board may transfer matters where a child in conflict with law is also stated to be in need of care and protection.

What must a final order passed by the Board include?

The final order must include an individual care plan for the child’s rehabilitation and necessary follow-up.

What authority does the Board have regarding determination of fit persons?

The Board conducts inquiry to declare fit persons for the care of children in conflict with law.

What inspection duty is imposed on the Board regarding residential facilities?

The Board must conduct at least one inspection visit every month of residential facilities for children in conflict with law.

What action can the Board take after inspecting residential facilities?

The Board may recommend measures for improvement in quality of services to the District Child Protection Unit and the State Government.

Can the Board direct registration of FIRs for offences against children in conflict with law?

Yes, the Board may order the police to register an FIR for offences committed against a child in conflict with law.

Can the Board direct registration of FIRs for offences against children in need of care and protection?

Yes, on a written complaint by the Committee, the Board may order police to register an FIR.

What role does the Board play in inspecting adult jails?

The Board must regularly inspect adult jails to check whether any child is lodged there.

 

CHAPTER-IV

PROCEDURE IN RELATION TO CHILDREN IN CONFLICT WITH LAW

What is the subject matter of Section 10 of the Juvenile Justice Act?

Section 10 deals with the apprehension and immediate handling of a child alleged to be in conflict with law.

Who takes charge of a child immediately after apprehension by the police?

The child shall be placed under the charge of the Special Juvenile Police Unit or the designated Child Welfare Police Officer.

Before which authority must a child alleged to be in conflict with law be produced?

The child must be produced before the Juvenile Justice Board.

What is the maximum time limit for producing a child before the Board after apprehension?

The child must be produced within twenty-four hours of apprehension, excluding the time necessary for the journey.

Is the time taken for travel included in the twenty-four-hour limit under Section 10?

No, the time necessary for the journey from the place of apprehension is excluded.

Can a child alleged to be in conflict with law be kept in a police lockup?

No, a child shall not be placed in a police lockup under any circumstances.

Is it permissible to lodge a child alleged to be in conflict with law in a jail?

No, a child alleged to be in conflict with law shall not be lodged in a jail.

What rule-making power is conferred on the State Government under Section 10(2)?

The State Government may make rules consistent with the Act regarding production of the child before the Board and placement in observation homes or places of safety.

Who may produce a child alleged to be in conflict with law before the Board as per State rules?

Persons specified by State rules, including registered voluntary or non-governmental organisations, may produce the child before the Board.

How may a child alleged to be in conflict with law be sent to an observation home or place of safety?

The child may be sent in the manner prescribed by rules made by the State Government.

What is the subject matter of Section 11 of the Juvenile Justice Act?

Section 11 defines the role and responsibilities of a person in whose charge a child in conflict with law is placed.

What responsibility does a person in whose charge a child is placed have?

The person shall have responsibility for the child as if he were the child’s parent, including responsibility for the child’s maintenance.

Does the child remain in the charge of such a person indefinitely?

No, the child remains in the charge of such person for the period specified by the Board.

Can parents or any other person claim the child while in the charge of another person?

The child continues in the assigned person’s charge notwithstanding claims by parents or others, unless the Board opines that the parent or other person is fit to exercise charge.

Who decides if a parent or other person is fit to take charge of the child?

The Juvenile Justice Board determines whether the parent or any other person is fit to exercise charge over the child.

What is the subject matter of Section 12 of the Juvenile Justice Act?

Section 12 deals with the grant of bail to a person who is apparently a child alleged to be in conflict with law.

Who must release an apparently child offender on bail?

Such person shall be released on bail by the police or the Board, notwithstanding anything in the Code of Criminal Procedure, 1973 or any other law.

Under what conditions may a child be released on bail or placed under supervision?

A child may be released with or without surety or placed under the supervision of a probation officer or under the care of any fit person.

When can bail be denied to a child alleged to be in conflict with law?

Bail may be denied if there are reasonable grounds to believe that release would associate the child with criminals, expose the child to moral, physical, or psychological danger, or defeat the ends of justice.

What must the Board do if bail is denied?

The Board must record the reasons for denying bail and the circumstances leading to such decision.

Where must a child be placed if not released on bail by the police?

The child shall be kept in an observation home or a place of safety in the prescribed manner until produced before the Board.

What is the Board’s role if it does not release the child on bail?

The Board shall order the child to be sent to an observation home or place of safety for a specified period during the pendency of the inquiry.

What happens if a child cannot fulfill the conditions of a bail order within seven days?

The child shall be produced before the Board for modification of the conditions of bail.

What is the subject matter of Section 13 of the Juvenile Justice Act?

Section 13 deals with the obligation to inform the parents, guardian, or probation officer when a child alleged to be in conflict with law is apprehended.

Who is responsible for informing the parents or guardian of a child apprehended by the police?

The Child Welfare Police Officer or the Special Juvenile Police Unit to which the child is brought is responsible.

When must the parents or guardian be informed after a child’s apprehension?

They must be informed as soon as possible after the apprehension of the child.

What are parents or guardians directed to do once informed?

They are directed to be present at the Board before which the child is produced.

Who must be informed to prepare a social investigation report?

The probation officer, or if unavailable, a Child Welfare Officer, must be informed.

What is the purpose of the social investigation report?

The report contains information on the child’s antecedents, family background, and other material circumstances to assist the Board in making the inquiry.

What is the time frame for submission of the social investigation report?

The report must be prepared and submitted within two weeks to the Board.

Who must be informed when a child is released on bail?

The probation officer or the Child Welfare Officer shall be informed by the Board.

What is the subject matter of Section 14 of the Juvenile Justice Act?

Section 14 prescribes the procedure for inquiry by the Board regarding a child in conflict with law.

What must the Board do when a child is produced before it?

The Board shall hold an inquiry in accordance with the provisions of the Act and may pass orders under Sections 17 and 18 as deemed fit.

What is the time limit for completion of inquiry under Section 14(2)?

The inquiry must be completed within four months from the date of first production of the child before the Board.

Can the Board extend the period for completion of inquiry?

Yes, the Board may extend the period by a maximum of two months, after recording reasons in writing.

What is the time frame for preliminary assessment in heinous offence cases under Section 14(3)?

The preliminary assessment must be disposed of within three months from the date of first production of the child before the Board.

What happens if inquiry for petty offences remains inconclusive after the extended period?

The proceedings shall stand terminated for petty offences.

Who can grant further extension of time for serious or heinous offences?

The Chief Judicial Magistrate or the Chief Metropolitan Magistrate may grant further extension with reasons recorded in writing.

What step must the Board take to ensure the child has not been ill-treated?

The Board must satisfy itself that the child has not been subjected to ill-treatment by the police, lawyer, probation officer, or any other person, and take corrective steps if necessary.

How should proceedings be conducted to ensure child-friendly atmosphere?

Proceedings must be conducted in the simplest manner possible to provide a child-friendly environment.

What right is guaranteed to the child during the inquiry?

The child shall be given the opportunity to be heard and to participate in the inquiry.

How are petty offence cases disposed of by the Board?

Petty offences are disposed of through summary proceedings as per the Code of Criminal Procedure, 1973.

How are serious offence cases disposed of by the Board?

Serious offences are disposed of by following the procedure for trial in summons cases under the Code of Criminal Procedure, 1973.

How are heinous offences dealt with for children below sixteen years?

Heinous offences for children below sixteen years are disposed of under the procedure applicable to serious offences, as per clause (e).

How are heinous offences dealt with for children above sixteen years?

Heinous offences for children above sixteen years are dealt with in the manner prescribed under Section 15.

What is the subject matter of Section 15 of the Juvenile Justice Act?

Section 15 deals with the preliminary assessment by the Board in cases of heinous offences allegedly committed by a child.

To which category of children does Section 15 apply?

It applies to a child who has completed or is above the age of sixteen years and is alleged to have committed a heinous offence.

What is the purpose of the preliminary assessment under Section 15?

The purpose is to assess the child’s mental and physical capacity to commit the offence, ability to understand its consequences, and the circumstances in which it was allegedly committed.

Is the preliminary assessment under Section 15 a trial?

No, the preliminary assessment is not a trial and is only meant to assess the child’s capacity and understanding of the alleged offence.

Who conducts the preliminary assessment in heinous offence cases?

The preliminary assessment is conducted by the Juvenile Justice Board.

Can the Board take expert assistance while conducting the preliminary assessment?

Yes, the Board may take assistance from experienced psychologists, psycho-social workers, or other experts.

What order may the Board pass after conducting the preliminary assessment?

The Board may pass an order in accordance with sub-section (3) of Section 18 of the Act.

What procedure must the Board follow if it decides to dispose of the matter itself?

The Board shall follow, as far as may be, the procedure for trial in summons cases under the Code of Criminal Procedure, 1973.

Is the Board’s order to dispose of the matter appealable?

Yes, the order is appealable under Section 101(2) of the Act.

Within what time period must the preliminary assessment under Section 15 be completed?

The preliminary assessment must be completed within the time period specified under Section 14.

What is the subject matter of Section 16 of the Juvenile Justice Act?

Section 16 deals with the review of pendency of inquiries before the Juvenile Justice Board.

Who is responsible for reviewing the pendency of cases before the Board every three months?

The Chief Judicial Magistrate or the Chief Metropolitan Magistrate is responsible for such review.

What actions may be taken after the quarterly review of pendency by the Chief Judicial Magistrate or Chief Metropolitan Magistrate?

They may direct the Board to increase the frequency of its sittings or recommend the constitution of additional Boards.

How frequently is a high-level committee required to review pendency of cases before the Board?

The review by the high-level committee is to be conducted every six months.

What aspects of pendency are examined by the high-level committee?

The committee reviews the number of pending cases, duration of pendency, nature of pendency, and reasons for such pendency.

Who chairs the high-level committee constituted for reviewing pendency?

The Executive Chairperson of the State Legal Services Authority acts as the Chairperson of the committee.

Which officials are members of the high-level committee under Section 16(2)?

The Home Secretary, the Secretary responsible for implementation of the Act in the State, and a representative of a voluntary or non-governmental organisation are members.

How is the representative of a voluntary or non-governmental organisation selected for the committee?

The representative is nominated by the Chairperson of the committee.

To whom must information regarding pendency of cases be furnished by the Board?

The information must be furnished to the Chief Judicial Magistrate or Chief Metropolitan Magistrate and the District Magistrate.

How frequently must the Board furnish information on pendency of cases?

The information must be furnished on a quarterly basis.

In what manner is information on pendency to be furnished by the Board?

The information shall be furnished in such form as may be prescribed by the State Government.

What power is conferred on the District Magistrate under Section 16(4)?

The District Magistrate may, as and when required, in the best interest of the child, call for information from stakeholders including the Board and Committee.

What does Section 17 of the Juvenile Justice Act deal with?

Section 17 deals with orders regarding a child who is not found to be in conflict with law.

When is the Board empowered to pass an order under Section 17(1)?

When the Board is satisfied on inquiry that the child brought before it has not committed any offence.

What is the nature of the order passed by the Board under Section 17(1)?

The Board shall pass an order declaring that the child has not committed any offence.

Does the order under Section 17(1) override other laws?

Yes, the order is passed notwithstanding anything contrary contained in any other law for the time being in force.

What action may the Board take if the child is found to be in need of care and protection?

The Board may refer the child to the Child Welfare Committee.

Under which provision can a child be referred to the Committee?

A child may be referred under Section 17(2).

What directions may accompany the referral to the Committee under Section 17(2)?

The referral may be made with appropriate directions.

What does Section 18 of the Juvenile Justice Act deal with?

Section 18 deals with orders regarding a child found to be in conflict with law.

When can the Board pass orders under Section 18(1)?

When the Board is satisfied on inquiry that a child has committed a petty offence, serious offence, or a heinous offence as specified under the section.

Can a child below sixteen years be dealt with by the Board for a heinous offence?

Yes, a child below sixteen years who has committed a heinous offence can be dealt with by the Board under Section 18.

How is a child above sixteen years dealt with for a heinous offence under Section 18?

If the Board, after preliminary assessment under Section 15, disposes of the matter, it may pass orders under Section 18.

On what factors does the Board base its orders under Section 18(1)?

The nature of offence, need for supervision or intervention, circumstances in the social investigation report, and past conduct of the child.

Does Section 18 override other laws?

Yes, orders are passed notwithstanding anything contrary contained in any other law for the time being in force.

What is the least restrictive order the Board may pass under Section 18(1)?

Allowing the child to go home after advice or admonition with counselling.

Can the Board order counselling-related measures?

Yes, the Board may direct the child to participate in group counselling and similar activities.

Can a child be ordered to perform community service?

Yes, under supervision of an organisation, institution, or specified persons identified by the Board.

Can a fine be imposed under Section 18?

Yes, the Board may order the child, parents, or guardian to pay a fine.

What safeguard exists if the child is working and fined?

It must be ensured that provisions of labour laws are not violated.

What does probation of good conduct mean under Section 18?

Release of the child under the care of parents, guardian, fit person, or fit facility upon execution of a bond.

What is the maximum period for probation under Section 18?

The probation period shall not exceed three years.

What is a special home under Section 18?

A place where the child is sent for reformative services like education, skill development, counselling, therapy, and psychiatric support.

What is the maximum period a child can be sent to a special home?

A period not exceeding three years.

When can a child be sent to a place of safety instead of a special home?

When it is not in the child’s interest or the interest of other children in the special home.

Can additional conditions be imposed along with orders under Section 18(1)?

Yes, additional orders under Section 18(2) may be imposed.

What additional directions can the Board give under Section 18(2)?

Attending school, vocational training, therapeutic centre, place restrictions, or de-addiction programme.

When can a case be transferred to the Children’s Court?

When the Board, after preliminary assessment under Section 15, finds that the child needs to be tried as an adult.

Which provision empowers transfer of trial to the Children’s Court?

Section 18(3) of the Juvenile Justice Act.

What does Section 19 of the Juvenile Justice Act deal with?

Section 19 deals with the powers of the Children’s Court.

When does the Children’s Court exercise powers under Section 19?

After receiving the preliminary assessment from the Board under Section 15.

What are the two options available to the Children’s Court under Section 19(1)?

To try the child as an adult or to conduct an inquiry as a Board and pass orders under Section 18.

When can the Children’s Court decide to try a child as an adult?

When it finds a need for trial as an adult after considering the preliminary assessment under Section 15.

Which procedure applies when a child is tried as an adult?

The procedure under the Code of Criminal Procedure, 1973, subject to Sections 19 and 21.

What safeguards must the Children’s Court follow during trial of a child as an adult?

Special needs of the child, principles of fair trial, and maintenance of a child-friendly atmosphere.

When can the Children’s Court conduct an inquiry itself?

When it decides that there is no need to try the child as an adult.

What powers does the Children’s Court have when it conducts an inquiry as a Board?

It may pass appropriate orders in accordance with Section 18.

What must every final order of the Children’s Court include?

An individual care plan for rehabilitation of the child.

Who is responsible for follow-up under the individual care plan?

Probation officer, District Child Protection Unit, or a social worker.

Where is a child sent after being found in conflict with law by the Children’s Court?

To a place of safety.

Till what age is the child kept in a place of safety?

Till the child attains the age of twenty-one years.

What happens after the child attains twenty-one years of age?

The person is transferred to a jail.

What services must be provided to the child in the place of safety?

Reformative services including education, skill development, counselling, behaviour modification therapy, and psychiatric support.

What is the purpose of periodic follow-up reports under Section 19(4)?

To evaluate the child’s progress and ensure absence of ill-treatment.

How frequently are follow-up reports required?

Every year.

Who prepares the periodic follow-up reports?

Probation officer, District Child Protection Unit, or a social worker.

Where are the follow-up reports submitted?

To the Children’s Court for record and further follow-up.

What does Section 20 of the Juvenile Justice Act deal with?

It deals with children who have attained the age of twenty-one years but have not completed their prescribed term of stay in a place of safety.

When does Section 20 apply?

When a child in conflict with law attains twenty-one years of age and is yet to complete the prescribed term of stay.

Who conducts the follow-up under Section 20(1)?

Probation officer, District Child Protection Unit, social worker, or the Children’s Court itself.

What is the purpose of follow-up under Section 20(1)?

To evaluate whether the child has undergone reformative changes and can be a contributing member of society.

What records are considered during the follow-up process?

Progress records under Section 19(4) and evaluation of relevant experts.

After evaluation, what options are available to the Children’s Court under Section 20(2)?

To release the child on conditions or to direct completion of the remaining term in jail.

What conditions may be imposed if the child is released?

Conditions deemed fit by the Court, including appointment of a monitoring authority.

For how long does monitoring continue if the child is released?

For the remainder of the prescribed term of stay.

What is the second option available to the Children’s Court under Section 20(2)?

To decide that the child shall complete the remainder of the term in a jail.

What obligation is placed on the State Government under Section 20?

To maintain a list of monitoring authorities and monitoring procedures as prescribed.

Is release under Section 20 automatic on attaining twenty-one years of age?

No, release depends on evaluation and satisfaction of the Children’s Court.

What is the subject matter of Section 21 of the Juvenile Justice Act?

It prohibits certain punishments against a child in conflict with law.

Can a child in conflict with law be sentenced to death?

No, a child in conflict with law cannot be sentenced to death.

Can life imprisonment without the possibility of release be imposed on a child?

No, life imprisonment without the possibility of release cannot be imposed on a child.

Does Section 21 apply only under the Juvenile Justice Act?

No, it applies under the Juvenile Justice Act, the Indian Penal Code, and any other law in force.

Is there any exception to the prohibition under Section 21?

No, the prohibition is absolute.

What is the legislative intent behind Section 21?

To uphold the reformative and rehabilitative approach towards children in conflict with law.

Does Section 21 apply even when a child is tried as an adult?

Yes, even a child tried as an adult cannot be awarded death penalty or life imprisonment without release.

Which punishments are expressly barred under Section 21?

Death sentence and life imprisonment without the possibility of release.

What is the subject matter of Section 22 of the Juvenile Justice Act?

It bars the application of preventive proceedings under Chapter VIII CrPC against a child.

Which Chapter of the CrPC is excluded by Section 22?

Chapter VIII of the Code of Criminal Procedure, 1973.

Can preventive proceedings be initiated against a child under CrPC?

No, preventive proceedings under Chapter VIII CrPC cannot be initiated against a child.

Does Section 22 override the CrPC?

Yes, it operates notwithstanding anything contrary contained in the CrPC.

Does Section 22 apply to preventive detention laws?

Yes, it also bars proceedings under any preventive detention law.

Can any order under Chapter VIII CrPC be passed against a child?

No, no order under Chapter VIII CrPC can be passed against a child.

What is the legislative intent behind Section 22?

To prevent criminalisation and preventive restraint of children.

Is Section 22 an absolute bar?

Yes, the bar is absolute.

Does Section 22 apply irrespective of the nature of offence?

Yes, it applies to all children regardless of the offence.

What is the subject matter of Section 23 of the Juvenile Justice Act?

It prohibits joint proceedings of a child in conflict with law with an adult.

Does Section 23 override Section 223 CrPC?

Yes, it applies notwithstanding Section 223 of the CrPC.

Can a child be tried jointly with an adult co-accused?

No, joint trial of a child with an adult is prohibited.

Does this bar apply under all laws?

Yes, it applies notwithstanding any other law for the time being in force.

What happens if during inquiry a person is found not to be a child?

Such person shall not be tried along with a child.

Which authorities does Section 23 apply to?

The Juvenile Justice Board and the Children’s Court.

Is the prohibition on joint proceedings mandatory?

Yes, it is mandatory and absolute.

What is the objective behind Section 23?

To ensure child-centric, reformative justice and avoid prejudice to the child.

Does Section 23 depend on the nature of offence?

No, it applies irrespective of the offence.

Can procedural convenience justify joint proceedings?

No, procedural convenience cannot override Section 23.

What does section 24 deals with?

Removal of disqualification on the findings of an offence

What is the primary objective of Section 24 of the Juvenile Justice Act?

To remove legal disqualifications attached to conviction of a child dealt with under the Act.

Does Section 24 operate notwithstanding other laws?

Yes, it applies notwithstanding anything contained in any other law for the time being in force.

Who is entitled to removal of disqualification under Section 24(1)?

A child who has committed an offence and has been dealt with under the provisions of this Act.

What kind of disqualification is removed under Section 24?

Any disqualification attached to a conviction of an offence under any law.

Is the benefit of removal of disqualification absolute for all children?

No, it is subject to the proviso in Section 24(1).

To whom does the proviso to Section 24(1) apply?

A child who has completed or is above sixteen years of age.

Which authority’s finding triggers the exception under the proviso to Section 24(1)?

A finding by the Children’s Court under Section 19(1)(i).

What is the effect of the proviso to Section 24(1)?

Such child does not get the benefit of removal of disqualification.

Who is responsible for ordering destruction of conviction records under Section 24(2)?

The Juvenile Justice Board or the Children’s Court.

Against whom is the direction for destruction of records issued?

Against the Police or the registry of the Children’s Court.

When can conviction records be destroyed under Section 24(2)?

After expiry of the appeal period or after a reasonable prescribed period.

Is destruction of records mandatory under Section 24(2)?

Yes, subject to the proviso relating to heinous offences.

What is the exception to destruction of records under Section 24(2)?

Cases involving heinous offences tried under Section 19(1)(i).

Which authority retains records in heinous offence cases?

The Children’s Court.

Does Section 24 distinguish between Board proceedings and Children’s Court proceedings?

Yes, it specifically treats Children’s Court findings under Section 19(1)(i) differently.

What is the legal status of conviction records in heinous offence cases?

They are retained and not destroyed.

Does Section 24 reflect the reformative principle of juvenile justice?

Yes, except in specified cases involving heinous offences and adult-like trial.

What is the subject matter of Section 25 of the Juvenile Justice Act?

It deals with special provisions regarding pending cases.

Does Section 25 begin with a non-obstante clause?

Yes, it begins with "Notwithstanding anything contained in this Act."

To which cases does Section 25 apply?

To proceedings involving a child alleged or found to be in conflict with law.

What is the temporal scope of Section 25?

It applies to cases pending on the date of commencement of this Act.

Before which authorities must the proceedings be pending for Section 25 to apply?

Before any Juvenile Justice Board or any court.

What happens to pending proceedings after commencement of the Act?

They shall be continued before the same Board or court.

Are pending cases transferred under Section 25?

No, they are not transferred.

Under which law are such pending proceedings to be continued?

As if this Act had not been enacted.

Does Section 25 mandate application of the 2015 Act to pending cases?

No, it expressly excludes application of the 2015 Act to pending cases.

What is the legal fiction created by Section 25?

That the 2015 Act had not been enacted for pending proceedings.

Does Section 25 protect procedural continuity?

Yes, it ensures continuity of proceedings without disruption.

Is Section 25 beneficial or restrictive in nature?

It is procedural and neutral, aimed at avoiding retrospective disturbance.

Does Section 25 override all provisions of the Act?

Yes, but only for the limited purpose of pending cases.

Can a pending case claim benefits under the new Act due to Section 25?

No, the case must proceed under the old legal framework.

What principle of criminal jurisprudence is reflected in Section 25?

The principle against retrospective procedural disruption.

What is the subject matter of Section 26 of the Juvenile Justice Act?

It deals with the handling of a child in conflict with law who has run away.

Does Section 26 override other laws?

Yes, it operates notwithstanding anything contrary contained in any other law for the time being in force.

Who is authorised to take charge of a run-away child in conflict with law?

Any police officer.

From which places can a child be taken charge of under Section 26?

From a special home, observation home, place of safety, or from the care of a person or institution under the Act.

Within what time must a run-away child be produced before the Board?

Within twenty-four hours.

Before which Board should the child preferably be produced?

Preferably before the Board which passed the original order.

If production before the original Board is not possible, where should the child be produced?

Before the nearest Juvenile Justice Board where the child is found.

What is the primary duty of the Board once the run-away child is produced?

To ascertain the reasons for the child having run away.

What power does the Board have after ascertaining the reasons for running away?

To pass appropriate orders regarding the child’s placement.

Where may the Board send the child after inquiry?

Back to the same institution or person, or to any other similar place or person as deemed fit.

On what basis does the Board decide the placement of the run-away child?

On what it deems fit in the best interest of the child.

Can the Board issue additional directions under Section 26?

Yes, it may give additional directions involving special steps for the child’s best interest.

Are such additional directions mandatory or discretionary?

They are discretionary.

Can any new legal proceeding be initiated against the run-away child?

No, no additional proceeding shall be instituted.

What is the legal consequence of running away under Section 26?

It does not attract any additional proceedings or punishment.

What principle of juvenile justice is reinforced by Section 26?

The principle of care, protection, and best interest of the child over punishment.

 

CHAPTER-V

CHILD WELFARE COMMITTEE

What is constituted under Section 27 of the Juvenile Justice Act?

Child Welfare Committees are constituted under this section.

Who has the power to constitute Child Welfare Committees?

The State Government.

How are Child Welfare Committees constituted officially?

By notification in the Official Gazette.

For what territorial unit must Child Welfare Committees be constituted?

For every district.

For which category of children does the Committee exercise its powers?

Children in need of care and protection.

What obligation does the State Government have regarding training of Committee members?

It must ensure induction training and sensitisation within two months from the date of notification.

What is the composition of a Child Welfare Committee?

A Chairperson and four other members.

What is the mandatory gender requirement in the Committee?

At least one member must be a woman.

What expertise must one member of the Committee necessarily possess?

Expertise in matters concerning children.

Which authority provides secretarial and staff support to the Committee?

The District Child Protection Unit.

What is the role of the District Child Protection Unit in relation to the Committee?

To provide a Secretary and other staff for effective functioning.

What minimum educational qualifications are required for appointment as a committee member?

A degree in specified disciplines such as child psychology, law, social work, sociology, health, education, human development, or special education.

What experience requirement is prescribed for Committee members?

Active involvement in health, education or welfare activities pertaining to children for seven years, or being a practicing professional in relevant fields.

Which persons are disqualified due to past human rights violations?

Persons with any past record of violation of human rights or child rights.

Is a person convicted of an offence involving moral turpitude eligible for appointment?

No, unless the conviction has been reversed or full pardon granted.

Can a person dismissed from government service be appointed as a committee member?

No.

Is involvement in child abuse or child labour a disqualification?

Yes, it disqualifies a person from appointment.

Can a member of management of a child care institution be appointed to the Committee in the same district?

No.

Can additional qualifications be prescribed for Committee members?

Yes, other qualifications may be prescribed.

What is the maximum term for appointment of a committee member?

Not more than three years.

Who has the authority to terminate the appointment of a committee member?

The State Government.

On what ground can a member be terminated for misuse?

Misuse of power vested under the Act.

Is non-attendance a ground for termination?

Yes, failure to attend for three consecutive months without valid reason.

What minimum attendance is required annually to avoid termination?

Attendance of at least three-fourths of the sittings in a year.

To whom must the Committee submit its report?

The District Magistrate.

How frequently does the District Magistrate review the functioning of the Committee?

Quarterly.

In what manner does the Committee function while exercising its powers?

As a Bench.

What judicial powers does the Committee possess?

Powers of a Metropolitan Magistrate or Judicial Magistrate of First Class.

Who is the grievance redressal authority for complaints against the Committee?

The District Magistrate.

Who can file a grievance against the functioning of the Committee?

The affected child or anyone connected with the child.

What procedure must the District Magistrate follow while addressing grievances?

Take cognizance, hear parties, and pass appropriate orders.

What does the section 28 deals with?

Procedure in relation to Committee

How frequently is the Child Welfare Committee required to meet in a month?

The Committee shall meet at least twenty days in a month.

What governs the rules and procedures for transaction of business at Committee meetings?

The Committee shall observe such rules and procedures as may be prescribed.

Is a visit by the Committee to a child care institution treated as a formal sitting?

Yes, a visit to an existing child care institution to check its functioning and the well-being of children is considered a sitting of the Committee.

Can a child in need of care and protection be produced before an individual member of the Committee?

Yes, when the Committee is not in session, a child may be produced before an individual member for being placed in a Children’s Home or with a fit person.

How are decisions taken when there is a difference of opinion among Committee members?

The opinion of the majority shall prevail.

What happens if there is no majority opinion among the members of the Committee?

The opinion of the Chairperson shall prevail.

Can the Committee act in the absence of any of its members?

Yes, subject to sub-section (1), the Committee may act notwithstanding the absence of any member.

Does the absence of a member invalidate an order passed by the Committee?

No, no order shall be invalid solely due to the absence of any member during any stage of the proceeding.

What is the minimum number of members required to be present for final disposal of a case?

At least three members must be present at the time of final disposal of the case.

What does section 29 deals with?

Powers of the committee

What primary authority is vested in the Child Welfare Committee under this Act?

The Committee has the authority to dispose of cases relating to the care, protection, treatment, development and rehabilitation of children in need of care and protection.

Does the Committee have the power to provide for the basic needs of children in need of care and protection?

Yes, the Committee is empowered to provide for the basic needs and protection of such children.

What types of cases can the Committee dispose of under its powers?

Cases concerning care, protection, treatment, development and rehabilitation of children in need of care and protection.

Does the Committee exercise exclusive jurisdiction once constituted for an area?

Yes, once constituted, the Committee has exclusive power to deal with all proceedings under the Act relating to children in need of care and protection.

Does the Committee’s exclusive power override other laws?

Yes, the Committee’s power applies notwithstanding anything contained in any other law, except where expressly provided otherwise in this Act.

Are proceedings relating to children in need of care and protection under this Act to be handled by any other authority?

No, all such proceedings shall be dealt with exclusively by the Committee once it is constituted for the area.

What does section 30 deals with?

Functions and responsibilities of Committee

What is the Committee’s role when children are produced before it?

The Committee takes cognizance of and receives children produced before it.

Is the Committee responsible for inquiries affecting a child’s safety and well-being?

Yes, the Committee conducts inquiries on all issues relating to and affecting the safety and well-being of children under the Act.

Can the Committee order social investigation reports?

Yes, it may direct Child Welfare Officers, probation officers, the District Child Protection Unit or NGOs to conduct social investigation and submit reports.

Does the Committee have the power to declare fit persons for child care?

Yes, the Committee conducts inquiries for declaring fit persons for the care of children in need of care and protection.

Can the Committee direct placement of a child in foster care?

Yes, the Committee may direct placement of a child in foster care.

How does the Committee ensure rehabilitation or restoration of children?

By ensuring care, protection, rehabilitation or restoration based on the child’s individual care plan and issuing directions to parents, guardians, fit persons, children’s homes or fit facilities.

Who selects the institution for placement of a child needing institutional support?

The Committee selects a registered institution based on the child’s age, gender, disability, needs and the institution’s available capacity.

Is the Committee required to inspect child care institutions?

Yes, it must conduct at least two inspection visits per month of residential facilities and recommend improvements to the District Child Protection Unit and the State Government.

What role does the Committee play in cases of child surrender?

It certifies execution of the surrender deed, ensures parents are given time to reconsider, and makes efforts to keep the family together.

Does the Committee handle restoration of abandoned or lost children?

Yes, it ensures efforts are made to restore abandoned or lost children to their families following due process.

Who declares a child legally free for adoption?

The Committee declares orphaned, abandoned or surrendered children legally free for adoption after due inquiry.

Can the Committee take suo motu cognizance of cases?

Yes, it may take suo motu cognizance and reach out to children not produced before it, provided at least three members take the decision.

What is the Committee’s responsibility in cases of sexual abuse reported under the POCSO Act?

It takes action for rehabilitation of sexually abused children reported to it as children in need of care and protection.

Does the Committee deal with cases referred by the Juvenile Justice Board?

Yes, it deals with cases referred by the Board under section 17(2).

Is coordination with other agencies part of the Committee’s functions?

Yes, it coordinates with police, labour department and other agencies with the support of the District Child Protection Unit or State Government.

What must the Committee do if there is a complaint of abuse in a child care institution?

It conducts an inquiry and issues directions to police, District Child Protection Unit, labour department or child line services, as applicable.

Does the Committee facilitate legal services for children?

Yes, the Committee accesses appropriate legal services for children.

Can the Committee perform functions beyond those expressly listed?

Yes, it may perform other functions and responsibilities as may be prescribed.

 

CHAPTER-VI

PROCEDURE IN RELATION TO CHILDREN IN NEED OF CARE AND PROTECTION

What is the subject matter of section 31 of the Juvenile Justice (Care and Protection of Children) Act, 2015?

Section 31 deals with the production of a child in need of care and protection before the Child Welfare Committee.

Who can produce a child in need of care and protection before the Committee under section 31(1)?

A child in need of care and protection may be produced before the Committee by the persons specified under section 31(1) of the Act.

Which law enforcement authorities are empowered to produce a child before the Committee?

Any police officer, Special Juvenile Police Unit, designated Child Welfare Police Officer, or an officer of the District Child Protection Unit or an inspector appointed under any labour law may produce the child before the Committee.

Can a public servant produce a child before the Committee under section 31?

Yes, any public servant is authorised to produce a child in need of care and protection before the Committee.

Are Childline Services and non-governmental organisations authorised to produce a child before the Committee?

Yes, Childline Services, voluntary or non-governmental organisations, or any agency recognised by the State Government may produce a child before the Committee.

Which child protection professionals are specifically authorised to produce a child before the Committee?

A Child Welfare Officer or a probation officer may produce a child in need of care and protection before the Committee.

Can a private individual produce a child before the Committee under this section?

Yes, any social worker or public spirited citizen may produce a child before the Committee.

Is a child allowed to produce himself or herself before the Committee?

Yes, the child himself or herself may be produced before the Committee under section 31(1).

Are medical professionals permitted to produce a child before the Committee?

Yes, any nurse, doctor, or the management of a nursing home, hospital, or maternity home may produce a child before the Committee.

What is the maximum time limit for producing a child before the Committee?

The child must be produced before the Committee without any loss of time and within twenty-four hours, excluding the time necessary for the journey.

Does the time limit for production include travel time?

No, the period of twenty-four hours excludes the time necessary for the journey.

What rule-making power is granted to the State Government under section 31(2)?

The State Government may make rules consistent with the Act regarding the manner of submitting reports to the Committee.

What aspects of child handling during inquiry can be regulated by State Government rules under section 31(2)?

The State Government may prescribe rules for sending and entrusting the child to a children’s home, fit facility, or fit person during the period of inquiry.

Is the State Government’s rule-making power under section 31 subject to the Act?

Yes, the rules made by the State Government must be consistent with the provisions of the Act.

What is the purpose of section 32 of the Juvenile Justice (Care and Protection of Children) Act, 2015?

Section 32 provides for mandatory reporting when a child is found separated from a guardian.

Who is obligated to report under section 32(1)?

Any individual, police officer, functionary of any organisation, or personnel of a nursing home, hospital, or maternity home is obligated to report under this section.

In what circumstances does the duty to report arise under section 32(1)?

The duty arises when a person or authority finds and takes charge of, or is handed over, a child who appears or claims to be abandoned, lost, or an orphan without family support.

Does section 32 apply only to children who are confirmed as abandoned or orphaned?

No, it also applies to children who appear or claim to be abandoned, lost, or orphaned without family support.

What is the time limit for reporting a child under section 32(1)?

The child must be reported within twenty-four hours, excluding the time necessary for the journey.

Is travel time included in the twenty-four-hour reporting period?

No, the time necessary for the journey is excluded from the twenty-four-hour period.

To whom can information about such a child be given under section 32(1)?

Information may be given to Childline Services, the nearest police station, a Child Welfare Committee, or the District Child Protection Unit.

Is handing over the child to an institution sufficient compliance under section 32(1)?

Yes, handing over the child to a child care institution registered under the Act is a valid mode of compliance, as applicable.

Are private individuals equally bound by the reporting requirement under section 32?

Yes, any individual who finds or takes charge of such a child is bound by the mandatory reporting requirement.

Does section 32(1) apply to both finding a child and receiving a child from another person?

Yes, the obligation applies whether the person finds the child or is handed over the child.

Who is responsible for uploading information about the child under section 32(2)?

The Committee, the District Child Protection Unit, or the child care institution, as the case may be, is responsible for uploading the information.

On which platform must the child’s information be uploaded under section 32(2)?

The information must be uploaded on a portal specified by the Central Government.

Is the portal for uploading child information determined by State Governments?

No, the portal is specified by the Central Government.

Does section 32 place any reporting obligation directly on the child?

No, the reporting obligation is placed on individuals or authorities who find or take charge of the child.

Is mandatory reporting under section 32 linked to registration of child care institutions?

Yes, where the child is handed over to an institution, it must be a child care institution registered under the Act.

What does section 33 deals with?

Offence of non reporting

What conduct is criminalised under section 33 of the Juvenile Justice Act?

Failure to give information regarding a child as required under section 32 is criminalised.

What does section 34 deals with?

Penalty for non-reporting

What punishment is prescribed for the offence of non-reporting under section 34?

Imprisonment up to six months or a fine of ten thousand rupees or both.

What does Section 35 deal with?

Surrender of children.

Who may surrender a child under Section 35(1)?

A parent or guardian.

On what grounds can a child be surrendered under Section 35(1)?

Physical, emotional and social factors beyond the control of the parent or guardian.

Before whom must a child be produced for surrender under Section 35(1)?

Before the Committee.

What must the Committee undertake before accepting a surrender under Section 35(2)?

A prescribed process of inquiry and counselling.

When is a surrender deed executed under Section 35(2)?

When the Committee is satisfied after inquiry and counselling.

Who executes the surrender deed under Section 35(2)?

The parent or guardian before the Committee.

What reconsideration period is provided under Section 35(3)?

Two months from the date of surrender.

What options are available to the Committee during the reconsideration period under Section 35(3)?

Allow the child to stay with parents or guardian under supervision, or place the child in appropriate care.

Where may a child below six years of age be placed during the reconsideration period?

In a Specialised Adoption Agency.

Where may a child above six years of age be placed during the reconsideration period?

In a Children’s Home.

What does section 36 deals with?

Inquiry

When is the Committee required to initiate an inquiry under section 36?

The Committee must initiate an inquiry upon production of a child or receipt of a report under section 31.

In what manner is the inquiry under section 36 to be conducted?

The inquiry shall be conducted in such manner as may be prescribed.

What interim orders can the Committee pass during the inquiry under section 36(1)?

The Committee may order the child to be sent to a children’s home, fit facility, or fit person and direct speedy social investigation.

Who may be directed to conduct a social investigation under section 36(1)?

A social worker, Child Welfare Officer, or Child Welfare Police Officer may be directed to conduct the social investigation.

Where must children below six years of age who are orphaned, surrendered, or appear abandoned be placed?

Such children must be placed in a Specialised Adoption Agency, where available.

What is the time limit for completion of social investigation under section 36(2)?

The social investigation must be completed within fifteen days.

Within what period must the Committee pass the final order after first production of the child?

The Committee must pass the final order within four months of first production of the child.

Is the inquiry timeline different for orphan, abandoned, or surrendered children?

Yes, the time for completion of inquiry for such children is governed by section 38.

What action may the Committee take after inquiry if the child has no family or support?

The Committee may send the child to a Specialised Adoption Agency, children’s home, fit facility, fit person, or foster family.

Up to what age can a child be kept in care arrangements under section 36(3)?

The child may be kept in care arrangements till suitable rehabilitation is found or till attaining eighteen years of age.

Is review of the child’s placement mandatory under section 36(3)?

Yes, the Committee must review the situation of the child placed in care as prescribed.

What reporting obligation does the Committee have under section 36(4)?

The Committee must submit a quarterly report on disposal and pendency of cases to the District Magistrate.

What role does the District Magistrate play after receiving the quarterly report?

The District Magistrate reviews pendency and may direct remedial measures.

What action may the State Government take if pendency of cases persists?

The State Government may constitute additional Committees if required.

What consequence follows if pendency remains unaddressed even after three months?

The State Government shall terminate the existing Committee and constitute a new Committee.

Why is a standing panel of eligible persons maintained under section 36(6)?

To ensure no delay occurs in constituting a new Committee upon termination.

Which authority assumes responsibility if there is delay in constituting a new Committee?

The Child Welfare Committee of a nearby district assumes responsibility temporarily.

What does section 37 deals with?

Orders passed regarding a child in need of care and protection

When can the Committee pass orders under section 37?

The Committee may pass orders after being satisfied through inquiry that the child is a child in need of care and protection.

What factors must the Committee consider before passing orders under section 37(1)?

The Committee must consider the Social Investigation Report and the child’s wishes if the child is sufficiently mature.

Can the Committee formally declare the status of the child under section 37?

Yes, the Committee may declare that a child is in need of care and protection.

Under what circumstances can a child be restored to parents or guardians?

The child may be restored to parents, guardian, or family with or without supervision of a Child Welfare Officer or designated social worker.

When can a child be placed in a Children’s Home or Specialised Adoption Agency?

The child may be placed when the family cannot be traced or restoration is not in the child’s best interest.

For what purposes can placement in a Specialised Adoption Agency be ordered?

Placement may be ordered for adoption, long-term care, or temporary care.

What consideration must be kept in mind while placing a child in an institution?

The capacity of the institution for housing such children must be considered.

Can the Committee place a child with a fit person?

Yes, the Committee may place the child with a fit person for long-term or temporary care.

Which statutory care arrangements can be ordered under clauses (e) and (f)?

The Committee may pass foster care orders under section 44 and sponsorship orders under section 45.

What kind of directions can the Committee issue regarding the child’s welfare?

The Committee may issue directions relating to care, protection, rehabilitation, shelter, medical, psychological, educational, legal, and developmental services.

Can the Committee order specialised therapeutic or counselling services for the child?

Yes, psychiatric, psychological support, counselling, occupational therapy, or behaviour modification therapy may be directed.

What coordination responsibilities can the Committee mandate under section 37(1)(g)?

The Committee may direct coordination with the District Child Protection Unit, State Government, or other agencies.

Under what provision can a child be declared legally free for adoption?

A child may be declared legally free for adoption under section 38.

Can the Committee pass additional orders beyond those listed in sub-section (1)?

Yes, the Committee may pass additional orders under section 37(2).

What orders can be passed regarding foster care under section 37(2)?

The Committee may declare fit persons for foster care.

Is after-care support available through Committee orders?

Yes, the Committee may order after-care support under section 46.

Can the Committee pass any other order related to its functions?

Yes, the Committee may pass any other prescribed order related to its functions.

What does section 38 deals with?

Procedure for declaring a child legally free for adoption

When can the Committee declare an orphan or abandoned child legally free for adoption?

After completing inquiry and establishing that the child is an orphan with no caretaker or is abandoned, despite efforts to trace parents or guardians.

What preliminary obligation must the Committee fulfill before declaring an orphan or abandoned child free for adoption?

The Committee must make all efforts to trace the parents or guardians of the child.

What is the time limit for declaring a child up to two years of age legally free for adoption?

Within two months from the date of production of the child.

What is the time limit for declaring a child above two years of age legally free for adoption?

Within four months from the date of production of the child.

Is registration of an FIR against biological parents mandatory during inquiry of abandoned or surrendered children?

No, no FIR shall be registered against any biological parent during such inquiry, notwithstanding any other law.

Who must present the case of a surrendered child for declaration as legally free for adoption?

The institution where the child has been placed by the Committee.

When must the institution place the surrendered child’s case before the Committee?

Immediately after completion of the surrender period specified under section 35.

Can a child of mentally retarded parents be declared legally free for adoption?

Yes, such a child may be declared legally free for adoption by following the procedure under this Act.

Is an unwanted child of a victim of sexual assault eligible to be declared free for adoption?

Yes, such a child may be declared legally free for adoption under the procedure prescribed in this Act.

Does this section override other laws while declaring a child free for adoption?

Yes, the provisions apply notwithstanding anything contained in any other law for the time being in force.

How many members of the Committee must participate in the decision to declare a child legally free for adoption?

At least three members of the Committee.

Which authorities must be informed about children declared legally free for adoption?

The District Magistrate, the State Agency, and the Authority.

What information must be reported monthly by the Committee regarding adoption?

The number of children declared legally free for adoption and the number of cases pending for decision.

How frequently must the Committee submit information on adoption declarations and pendency?

Every month, in the manner prescribed.

 

CHAPTER-VII

REHABILITATION AND SOCIAL RE-INTEGRATION

What does section 39 deals with?

Process of rehabilitation and social re-integration

On what basis is the rehabilitation and social reintegration of children undertaken under this Act?

It is undertaken on the basis of the individual care plan of the child.

What form of care is preferred for rehabilitation and social reintegration of children?

Family-based care such as restoration to family or guardian, with or without supervision or sponsorship, adoption, or foster care.

What guiding principle applies to placement of siblings during rehabilitation?

Siblings should be kept together in institutional or non-institutional care unless it is not in their best interest.

Where is rehabilitation undertaken for children in conflict with law who are not released on bail?

In observation homes.

Where may children in conflict with law be rehabilitated if placed by order of the Board?

In special homes, places of safety, fit facilities, or with fit persons.

How are children in need of care and protection rehabilitated when not placed in families?

By placement in a registered institution, or with a fit person or fit facility, on a temporary or long-term basis.

Is rehabilitation carried out only in institutions for children not placed in families?

No, rehabilitation is undertaken wherever the child is placed, whether in an institution, fit facility, or with a fit person.

Which category of children may receive financial support upon leaving care at eighteen years of age?

Children in need of care and protection leaving institutional care and children in conflict with law leaving special homes or places of safety.

For what purpose is financial support provided to children leaving care at eighteen years?

To help them reintegrate into the mainstream of society.

Under which provision is financial support to children leaving care specified?

Section 46 of the Act.

What does 40 deals with?

Restoration of child in need of care and protection

What is the prime objective of a Children’s Home, Specialised Adoption Agency, or open shelter regarding children?

The restoration and protection of a child.

Who is responsible for taking steps for restoration and protection of a child deprived of a family environment?

The Children’s Home, Specialised Adoption Agency, or open shelter where the child is under care and protection.

In what situations must steps for restoration and protection be taken by care institutions?

When a child is deprived of his family environment, whether temporarily or permanently.

Which authority has the power to restore a child in need of care and protection?

The Child Welfare Committee.

To whom may the Committee restore a child in need of care and protection?

To parents, guardian, or a fit person, as the case may be.

What condition must be satisfied before the Committee restores a child to parents, guardian, or fit person?

The suitability of the parents, guardian, or fit person to take care of the child must be determined.

Can the Committee issue directions while restoring a child?

Yes, the Committee may give suitable directions to the parents, guardian, or fit person.

What does “restoration and protection of a child” mean under this section?

Restoration to parents, adoptive parents, foster parents, guardian, or a fit person.

Is restoration limited only to biological parents?

No, restoration may also be to adoptive parents, foster parents, guardian, or a fit person.

What reporting obligation does the Committee have regarding restored children?

It must submit a quarterly report regarding restored, dead, and runaway children.

To whom must the quarterly report on restored, dead, and runaway children be submitted?

To the State Government and the District Magistrate.

In what manner is the quarterly report under this section to be submitted?

In such form as may be prescribed.

What does section 41 deals with?

Registration of child care institutions

Which institutions are required to be registered under the JJI Act?

All institutions, whether run by the State Government or voluntary/non-governmental organisations, wholly or partially housing children in need of care and protection or children in conflict with law.

Does registration apply to institutions not receiving government grants?

Yes, registration is mandatory irrespective of receiving grants from the Central or State Government.

What is the status of institutions already registered under the Juvenile Justice (Care and Protection of Children) Act, 2000?

They are deemed to be registered under the JJI Act on the date of commencement of this Act.

What must the State Government determine while registering an institution?

The capacity and purpose of the institution.

How are institutions classified at the time of registration?

They may be registered as a Children’s Home, open shelter, Specialised Adoption Agency, observation home, special home, or place of safety, as applicable.

Whose recommendations are considered by the State Government in the registration process?

The recommendations of the District Magistrate.

What is the purpose of provisional registration?

To temporarily allow an existing or new institution to operate under the Act while formal registration is processed.

Within what time frame must provisional registration be granted?

Within one month from the receipt of the registration application.

What is the maximum duration of provisional registration?

Six months.

What detail must be specified in the provisional registration certificate?

The determined capacity of the institution.

What happens if an institution fails to meet prescribed registration criteria during provisional registration?

The provisional registration is cancelled and actions under sub-section (5) apply.

What is the effect if provisional registration is not issued within one month?

The proof of receipt of the application serves as provisional registration for a maximum of six months.

What is the consequence if registration application is not disposed of within six months?

It is considered dereliction of duty by the concerned officers, and departmental proceedings may be initiated.

For how long is regular registration valid?

Five years.

Is renewal required for registration?

Yes, registration must be renewed every five years.

Under what conditions can the State Government cancel or withhold registration?

If the institution fails to provide rehabilitation and reintegration services as per section 53.

Who manages the institution if registration is cancelled, withheld, or pending renewal?

The State Government manages the institution until registration is granted or renewed.

Are registered child care institutions obliged to admit children?

Yes, subject to the capacity of the institution and directions of the Committee.

Does obligation to admit children depend on government funding?

No, the obligation applies regardless of funding from Central or State Government.

Which authority can inspect institutions even if not registered under the Act?

The inspection committee appointed under section 54.

For what purpose can unregistered institutions be inspected?

To determine whether the institution is housing children in need of care and protection.

What does section 42 deals with?

Penalty for non-registration of child care institutions

What is the penalty for failing to register a child care institution under section 41?

Imprisonment up to one year or a fine of not less than one lakh rupees, or both.

Who is liable for the penalty under section 42?

The person or persons in charge of an institution housing children in need of care and protection or children in conflict with law.

How is delay in registration treated under this section?

Every thirty days of delay in applying for registration is considered a separate offence.

What does Section 43 deal with?

Open shelter for children in need of care and protection.

Who can establish and maintain open shelters under Section 43?

The State Government, either by itself or through voluntary or non-governmental organisations.

How must open shelters be registered under Section 43?

They shall be registered as open shelters in the manner as may be prescribed.

What is the purpose of open shelters under Section 43?

To provide a community-based facility for children in need of residential support on a short-term basis, protecting them from abuse, weaning them, or keeping them away from life on the streets.

What reporting requirement is imposed on open shelters under Section 43?

They must send monthly information regarding children availing the services of the shelter to the District Child Protection Unit and the Committee, in the manner as may be prescribed.

What does Section 44 deal with?

Foster care for children in need of care and protection.

Who can place children in foster care under Section 44?

The Committee, through orders following the prescribed procedure.

What types of families can provide foster care under Section 44?

Families that do not include the child’s biological or adoptive parents, or unrelated families recognised as suitable by the State Government.

On what basis is a foster family selected under Section 44?

Based on the family’s ability, intent, capacity, and prior experience of taking care of children.

How does Section 44 address siblings in foster care?

All efforts shall be made to keep siblings together, unless it is in their best interest not to be kept together.

Who provides funding for foster care under Section 44?

The State Government, through the District Child Protection Unit, after following the prescribed procedure.

What rights do parents have when their child is in foster care under Section 44?

Parents may visit the child at regular intervals unless the Committee determines that visits are not in the best interest of the child, and the child may eventually return home if parents are deemed fit.

What responsibilities does a foster family have under Section 44?

Providing education, health, nutrition, and ensuring the overall well-being of the child in the prescribed manner.

How is the inspection of foster families conducted under Section 44?

The Committee conducts monthly inspections in the prescribed form, and children may be shifted to another foster family if the current family is found lacking.

Can children regarded as adoptable be placed in long-term foster care under Section 44?

No, adoptable children shall not be given for long-term foster care.

What does Section 45 deal with?

Sponsorship programmes for children.

Who is responsible for making rules regarding sponsorship under Section 45?

The State Government.

What types of sponsorship programmes are mentioned in Section 45?

Individual to individual sponsorship, group sponsorship, and community sponsorship.

What criteria are considered for sponsorship under Section 45?

(i) Mother is widow, divorced, or abandoned by family; (ii) orphaned children living with extended family; (iii) parents are victims of life-threatening disease; (iv) parents are incapacitated due to accident and unable to care for children financially or physically.

Who are the beneficiaries of the sponsorship programmes under Section 45?

Children in need whose parents or guardians meet the criteria mentioned in the section.

What is the duration of sponsorship under Section 45?

The duration shall be as may be prescribed by rules.

What kind of support can the sponsorship programme provide under Section 45?

Supplementary support for medical, nutritional, educational, and other needs to children, families, Children’s Homes, and special homes to improve quality of life.

What does Section 46 deal with?

After care of children leaving child care institutions.

Who is eligible for after care under Section 46?

Any child leaving a child care institution on completion of eighteen years of age.

What type of support is provided under Section 46?

Financial support to facilitate the child’s reintegration into mainstream society.

What is the objective of the after care support under Section 46?

To help the child reintegrate into society successfully after leaving the child care institution.

How is the after care support provided under Section 46?

In the manner as may be prescribed by rules or regulations under the Act.

What does Section 47 deal with?

Observation homes.

Who is responsible for establishing observation homes under Section 47?

The State Government, either by itself or through voluntary or non-governmental organisations.

What is the purpose of observation homes under Section 47?

Temporary reception, care, and rehabilitation of any child alleged to be in conflict with law during the pendency of an inquiry under this Act.

Can institutions other than those established under Section 47(1) be registered as observation homes?

Yes, if the State Government considers them fit for temporary reception of children alleged to be in conflict with law.

What aspects may rules under Section 47 provide regarding observation homes?

Management and monitoring, standards and types of services for rehabilitation and social integration, and circumstances/manner for granting or withdrawing registration.

How should children be segregated in observation homes under Section 47?

According to age and gender, considering physical and mental status of the child and the degree of the offence committed.

What does Section 48 deal with?

Special homes.

Who can establish special homes under Section 48?

The State Government, either by itself or through voluntary or non-governmental organisations.

For whom are special homes under Section 48 intended?

For rehabilitation of children in conflict with law who are found to have committed an offence and are placed there by an order of the Juvenile Justice Board under Section 18.

What can the State Government provide by rules under Section 48(2)?

Management and monitoring of special homes, standards and services necessary for social reintegration of the child, and circumstances/manner of granting or withdrawing registration.

How does Section 48(3) address segregation in special homes?

Children in conflict with law may be segregated based on age, gender, nature of offence committed, and the child’s mental and physical status.

Are special homes required to be registered under Section 48?

Yes, all special homes shall be registered in the manner prescribed under the Act.

What does Section 49 deal with?

Place of safety.

Who is eligible to be placed in a place of safety under Section 49(1)?

A person above the age of eighteen years or a child in conflict with law between the ages of sixteen to eighteen years accused or convicted of a heinous offence.

What is the registration requirement for a place of safety under Section 49?

It shall be registered under Section 41 of the Act.

What arrangements must a place of safety have according to Section 49(2)?

Separate arrangements and facilities for children/persons during inquiry and for those convicted of an offence.

What power does the State Government have under Section 49(3)?

It may prescribe, by rules, the types of places that can be designated as place of safety and the facilities and services to be provided therein.

What does Section 50 deal with?

Children’s Home.

Who can establish and maintain Children’s Homes under Section 50(1)?

The State Government, either by itself or through voluntary or non-governmental organisations.

What is the purpose of Children’s Homes under Section 50(1)?

For the placement of children in need of care and protection for their care, treatment, education, training, development, and rehabilitation.

Can a Children’s Home be designated for children with special needs under Section 50(2)?

Yes, the State Government may designate a Children’s Home as fit for children with special needs, providing specialised services as required.

What powers does the State Government have under Section 50(3)?

It may, by rules, provide for monitoring and management of Children’s Homes, including standards and nature of services, based on individual care plans for each child.

What does Section 51 deal with?

Fit facility.

Who can recognise a facility as fit under Section 51(1)?

The Juvenile Justice Board or the Committee.

What types of organisations can have their facility recognised as fit under Section 51(1)?

Governmental organisations or voluntary or non-governmental organisations registered under any law for the time being in force.

What is required before a facility can be recognised as fit under Section 51(1)?

A due inquiry regarding the suitability of the facility and the organisation to take care of the child in the prescribed manner.

Can recognition of a fit facility be withdrawn under Section 51?

Yes, the Board or Committee may withdraw the recognition for reasons to be recorded in writing.

What does Section 52 deal with?

Fit person.

Who can recognise a person as fit under Section 52(1)?

The Juvenile Justice Board or the Committee.

What is required before a person can be recognised as fit under Section 52(1)?

Due verification of credentials in the prescribed manner.

For what purpose can a fit person temporarily receive a child under Section 52(1)?

For care, protection, and treatment of the child for a specified period.

Can the recognition of a fit person be withdrawn under Section 52?

Yes, the Board or Committee may withdraw the recognition for reasons to be recorded in writing.

What does Section 53 deal with?

Rehabilitation and re-integration services in institutions registered under this Act and their management.

What basic requirements must be provided by institutions under Section 53(1)(i)?

Food, shelter, clothing, and medical attention as per prescribed standards.

What equipment must be provided for children with special needs under Section 53(1)(ii)?

Wheel-chairs, prosthetic devices, hearing aids, braille kits, or any other suitable aids and appliances.

What type of education must institutions provide under Section 53(1)(iii)?

Appropriate education including supplementary education, special education, and education for children with special needs, and for children aged six to fourteen, provisions under the Right of Children to Free and Compulsory Education Act, 2009 apply.

What other services are included under Section 53(1) for child well-being?

Skill development, occupational therapy, life skill education, mental health interventions including counselling, recreational activities, legal aid, referral services, case management, birth registration, assistance for obtaining proof of identity, and any other service necessary for child well-being.

What management structure must every institution have under Section 53(2)?

A Management Committee set up in the prescribed manner to manage the institution and monitor the progress of every child.

What participation mechanism is required for children above six years under Section 53(3)?

Children’s committees for participating in activities prescribed for the safety and well-being of children in the institution.

What does Section 54 deal with?

Inspection of institutions registered under this Act.

Who appoints the inspection committees under Section 54(1)?

The State Government shall appoint inspection committees for the State and district for all institutions registered or recognised to be fit under this Act.

How often must inspection committees conduct visits under Section 54(2)?

At least once in three months to all facilities housing children in the allocated area.

What is the required composition of the inspection team under Section 54(2)?

A team of not less than three members, of whom at least one shall be a woman and one shall be a medical officer.

Within what time frame must inspection reports be submitted under Section 54(2)?

Within a week of their visit, to the District Magistrate.

What action follows the submission of inspection reports under Section 54(3)?

Appropriate action shall be taken within a month by the District Magistrate, and a compliance report shall be submitted to the State Government.

What does Section 55 deal with?

Evaluation of functioning of structures.

Who can conduct independent evaluation under Section 55(1)?

The Central Government, State Government, or District Magistrate.

What structures can be evaluated under Section 55(1)?

The Board, Committee, special juvenile police units, registered institutions, or recognised fit facilities and persons.

How is the period and method of evaluation determined under Section 55(1)?

At such period and through such persons or institutions as may be prescribed by the evaluating Government.

Which evaluation prevails if both Central and State Governments conduct independent evaluation under Section 55(2)?

The evaluation made by the Central Government shall prevail.

 

CHAPTER-VIII

ADOPTION

What does Section 56 deal with?

Adoption.

What is the purpose of adoption under Section 56(1)?

To ensure the right to family for orphan, abandoned, and surrendered children, as per this Act, rules, and adoption regulations framed by the Authority.

Can a child be adopted by a relative?

Yes, adoption of a child by a relative from another relative can be done irrespective of religion, as per this Act and adoption regulations framed by the Authority (Section 56(2)).

Does this Act apply to adoptions under the Hindu Adoption and Maintenance Act, 1956?

No, Section 56(3) exempts such adoptions from this Act.

How are inter-country adoptions regulated under Section 56(4)?

All inter-country adoptions must follow this Act and the adoption regulations framed by the Authority.

What is the penalty for transferring a child to a foreign country without proper authorization?

Any person who takes or sends a child abroad or arranges custody transfer without a valid order from the District Magistrate shall be punishable under Section 80 (Section 56(5)).

What does Section 57 deal with?

Eligibility of prospective adoptive parents.

What are the general eligibility requirements for prospective adoptive parents under Section 57(1)?

They must be physically fit, financially sound, mentally alert, and highly motivated to provide a good upbringing to the child.

Is the consent of both spouses required for adoption by a couple?

Yes, as per Section 57(2), both spouses must consent to the adoption.

Can a single or divorced person adopt a child under Section 57?

Yes, a single or divorced person may adopt, provided they meet the criteria and follow the adoption regulations framed by the Authority.

Is a single male allowed to adopt a girl child?

No, Section 57(4) explicitly states that a single male is not eligible to adopt a girl child.

Can the Authority specify additional criteria for prospective adoptive parents?

Yes, Section 57(5) allows the adoption regulations framed by the Authority to specify any other criteria for eligibility.

What does Section 58 deal with?

Procedure for adoption by Indian prospective adoptive parents living in India.

Who can apply for adoption under Section 58(1)?

Indian prospective adoptive parents living in India, irrespective of their religion, interested in adopting an orphan, abandoned, or surrendered child.

To whom do prospective adoptive parents apply for adoption as per Section 58(1)?

They apply to a Specialised Adoption Agency in the manner provided in the adoption regulations framed by the Authority.

What is the role of the Specialised Adoption Agency under Section 58(2)?

It prepares the home study report of the prospective adoptive parents and, upon finding them eligible, refers a legally free child for adoption along with the child study report and medical report.

What must prospective adoptive parents do after receiving the child study report and medical report under Section 58(3)?

They must sign and accept the child along with the reports, so that the Specialised Adoption Agency can place the child in pre-adoption foster care and file an adoption application before the District Magistrate.

What action does the Specialised Adoption Agency take upon receiving the adoption order under Section 58(4)?

It immediately sends a certified copy of the adoption order to the prospective adoptive parents.

How is the child’s progress and well-being ensured after adoption under Section 58(5)?

The Specialised Adoption Agency follows up and ascertains the child’s progress and well-being in accordance with the adoption regulations framed by the Authority.

What does Section 59 deal with?

Procedure for inter-country adoption of an orphan, abandoned, or surrendered child.

When can a child be considered free for inter-country adoption under Section 59(1)?

If the child could not be placed with an Indian or non-resident Indian prospective adoptive parent within sixty days from the date the child was declared legally free for adoption.

Which children are given preference for inter-country adoption under Section 59(1)?

Children with physical or mental disabilities, siblings, and children above five years of age.

Who is given priority in inter-country adoption of Indian children under Section 59(2)?

Eligible non-resident Indians, overseas citizens of India, or persons of Indian origin.

Who can apply for inter-country adoption from abroad under Section 59(3)?

Non-resident Indians, overseas citizens of India, persons of Indian origin, or foreigners living abroad, irrespective of religion.

To whom do prospective adoptive parents abroad apply under Section 59(3)?

An authorised foreign adoption agency, Central Authority, or concerned Government department in their country of habitual residence, as per adoption regulations.

What is the role of the authorised foreign adoption agency or Central Authority under Section 59(4)?

It prepares the home study report of prospective adoptive parents and, upon eligibility, sponsors their application to the Authority for adoption from India.

What does the Authority do on receiving an application for inter-country adoption under Section 59(5)?

It examines the application and, if suitable, refers it to a Specialised Adoption Agency where children legally free for adoption are available.

How does the Specialised Adoption Agency match the child with parents under Section 59(6)?

It sends the child study report and medical report to the prospective adoptive parents, who may accept and return the reports duly signed.

What action is taken after acceptance of the child by prospective adoptive parents under Section 59(7)?

The Specialised Adoption Agency files an application before the District Magistrate to obtain the adoption order.

What happens upon receipt of the adoption order under Section 59(8)?

The Specialised Adoption Agency immediately sends a certified copy to the Authority, State Agency, and prospective adoptive parents, and obtains a passport for the child.

How does the Authority notify relevant authorities about the adoption under Section 59(9)?

It intimates the immigration authorities of India and the receiving country of the child.

When do prospective adoptive parents receive the child under Section 59(10)?

As soon as the passport and visa are issued to the child.

What is the responsibility of the foreign adoption agency or Central Authority after the adoption under Section 59(11)?

It ensures submission of progress reports about the child and arranges alternatives in case of any disruption, in consultation with the Authority and concerned Indian diplomatic mission.

Can a foreigner or person of Indian origin residing in India adopt a child from India under Section 59(12)?

Yes, they may apply to the Authority with a no objection certificate from their diplomatic mission in India, following adoption regulations.

What does Section 60 deal with?

Procedure for inter-country relative adoption.

Who can adopt a child under Section 60(1)?

A relative living abroad who intends to adopt a child from his relative in India.

What is required from the relative under Section 60(1) before adoption?

Obtain an order from the District Magistrate and apply for a no objection certificate from the Authority, as per adoption regulations.

What is the role of the Authority under Section 60(2)?

On receipt of the District Magistrate’s order and application, the Authority issues a no objection certificate and intimates the immigration authorities of India and the receiving country.

What must the adoptive parents do after receiving the no objection certificate under Section 60(3)?

Receive the child from the biological parents and facilitate contact between the adopted child, siblings, and biological parents from time to time.

What does Section 61 deal with?

Procedure for disposal of adoption proceedings.

What must the District Magistrate ensure before issuing an adoption order under Section 61(1)?

(a) The adoption is for the welfare of the child;  (b) Due consideration is given to the wishes of the child, considering the child’s age and understanding;  (c) Neither the prospective adoptive parents have given or agreed to give, nor has the specialised adoption agency or the parent/guardian of the child received or agreed to receive, any payment or reward for the adoption, except as permitted under adoption regulations for adoption fees, service charges, or child care corpus.

How shall adoption proceedings be conducted under Section 61(2)?

In camera (privately) to ensure confidentiality.

What is the time frame for disposal of adoption proceedings under Section 61(2)?

Within two months from the date of filing the application.

What does Section 62 deal with?

Additional procedural requirements and documentation for adoption.

What governs the documentation and procedural requirements for adoption under Section 62(1)?

All documentation and procedural requirements not expressly provided in the Act shall be as per the adoption regulations framed by the Authority.

Who is responsible for ensuring timely disposal of adoption cases under Section 62(2)?

The Specialised Adoption Agency for Indian prospective adoptive parents, and the authorised foreign adoption agency, Authority, and State Agency for inter-country or non-resident Indian adoptions.

What is the timeline for disposal of adoption cases under Section 62(2)?

Within four months from the date of receipt of the application.

What does Section 63 deal with?

Effect of adoption.

What is the legal effect of an adoption order under Section 63?

The child becomes the child of the adoptive parents, and the adoptive parents become the parents of the child, as if the child were born to them, for all purposes including intestacy.

When does the effect of adoption take place under Section 63?

From the date on which the adoption order takes effect.

What happens to the ties of the child with the biological family under Section 63?

All ties with the biological family are severed and replaced by those with the adoptive family.

Are there any exceptions regarding property under Section 63?

Yes, any property vested in the adopted child immediately before the adoption order continues to vest in the child, subject to any obligations attached to the ownership, including maintenance of biological relatives if applicable.

What does Section 64 deal with?

Reporting of adoption.

What is required under Section 64 regarding adoption orders?

Information regarding all adoption orders issued by the District Magistrate must be forwarded to the Authority on a monthly basis.

What is the purpose of reporting adoption orders under Section 64?

To enable the Authority to maintain data on adoption.

Does Section 64 override any other law?

Yes, it applies notwithstanding anything contained in any other law for the time being in force.

In what manner should the adoption information be sent to the Authority under Section 64?

In the manner as provided in the adoption regulations framed by the Authority.

What does Section 65 deal with?

Specialised Adoption Agencies.

Who recognises Specialised Adoption Agencies under Section 65?

The State Government.

For what purpose are Specialised Adoption Agencies recognised?

For the rehabilitation of orphan, abandoned, or surrendered children, through adoption and non-institutional care.

What is the duty of the State Agency regarding recognised Specialised Adoption Agencies?

It shall furnish the name, address, and contact details of the agencies along with copies of certificate or letter of recognition or renewal to the Authority, as soon as recognition or renewal is granted.

How often shall the State Government get every Specialised Adoption Agency inspected?

At least once in a year.

What happens if a Specialised Adoption Agency defaults in its duties under this Act or adoption regulations?

It shall be punishable with a fine which may extend up to fifty thousand rupees, and in case of repeated default, the recognition of the agency shall be withdrawn by the State Government.

What does Section 66 deal with?

Adoption of children residing in institutions not registered as adoption agencies.

What is the responsibility of institutions not recognised as Specialised Adoption Agencies under Section 66(1)?

They must ensure that all orphan, abandoned, or surrendered children under their care are reported, produced, and declared legally free for adoption by the Committee as per Section 38.

What linkages must such institutions develop under Section 66(2)?

They must develop formal linkages with nearby Specialised Adoption Agencies and furnish details of children declared legally free for adoption along with all relevant records for placement in adoption.

What is the penalty for contravening the provisions of sub-section (1) or (2) under Section 66(3)?

The institution shall be liable to a fine of fifty thousand rupees for each instance, and persistent contravention may attract de-recognition by the registering authority.

What does Section 67 deal with?

State Adoption Resource Agency.

What is the purpose of the State Adoption Resource Agency under Section 67(1)?

It is set up by the State Government to deal with adoptions and related matters in the State under the guidance of the Authority.

What happens to a State Agency that already exists under Section 67(2)?

It shall be deemed to be set up under this Act.

What does Section 68 deal with?

Central Adoption Resource Authority.

What is deemed under Section 68 regarding the existing Central Adoption Resource Agency?

The existing Central Adoption Resource Agency shall be deemed to have been constituted as the Central Adoption Resource Authority under this Act.

What are the functions of the Central Adoption Resource Authority under Section 68?

(a) To promote in-country adoptions and facilitate inter-State adoptions in coordination with the State Agency; (b) To regulate inter-country adoptions; (c) To frame regulations on adoption and related matters as necessary; (d) To carry out the functions of the Central Authority under the Hague Convention on Protection of Children and Cooperation in respect of inter-country adoption; (e) Any other function as may be prescribed.

What does Section 69 deal with?

Steering Committee of Authority.

Who are the ex-officio members of the Steering Committee under Section 69?

(a) Secretary, Ministry of Women and Child Development, Government of India (Chairperson);

(b) Joint Secretary, Ministry of Women and Child Development, dealing with Authority;

(c) Joint Secretary, Ministry of Women and Child Development, dealing with Finance.

Who are the other members of the Steering Committee under Section 69?

(d) One State Adoption Resource Agency and two Specialised Adoption Agencies;

(e) One adoptive parent and one adoptee;

(f) One advocate or a professor with at least ten years of experience in family law;

(g) Member-Secretary, who shall also be the Chief Executive Officer of the organisation.

What does Section 69 say about the selection and tenure of members?

The criteria for selection or nomination of members mentioned in clauses (d) to (f), their tenure, and terms and conditions of appointment shall be as may be prescribed.

What are the functions of the Steering Committee under Section 69?

(a) To oversee the functioning of the Authority and review its working to ensure effectiveness;

(b) To approve the annual budget, annual accounts, audit reports, action plan, and annual report of the Authority;

(c) To adopt recruitment rules, service rules, financial rules, and other regulations for administrative and programmatic powers, with prior approval of the Central Government;

(d) Any other function vested by the Central Government from time to time.

How often shall the Steering Committee meet as per Section 69?

Once in a month in the manner as may be prescribed.

Where shall the Authority function from under Section 69?

From its headquarters and through regional offices set up as per functional necessity.

What does Section 70 deal with?

Powers of the Authority.

What power does the Authority have under Section 70(1)(a)?

The Authority may issue instructions to any Specialised Adoption Agency, Children Home, child care institution housing orphan, abandoned or surrendered children, State Agency, or authorised foreign adoption agency, and such instructions shall be complied with.

What power is provided under Section 70(1)(b)?

The Authority may recommend to the concerned Government or Authority to take appropriate action against any official, functionary, or institution under its administrative control in case of persistent non-compliance.

What is the Authority’s power under Section 70(1)(c)?

The Authority may forward cases of persistent non-compliance to a Magistrate having jurisdiction, who shall proceed as if the case were forwarded under section 346 of the Code of Criminal Procedure, 1973.

What additional power does Section 70(1)(d) provide?

The Authority may exercise any other power vested in it by the Central Government.

What does Section 70(2) state regarding disputes in adoption cases?

In case of any difference of opinion in an adoption case, including eligibility of prospective adoptive parents or the child, the decision of the Authority shall prevail.

What does Section 71 deal with?

Annual Report of the Authority.

What is the duty of the Authority under Section 71(1)?

The Authority shall submit an annual report to the Central Government in the prescribed manner.

What is the obligation of the Central Government under Section 71(2)?

The Central Government shall lay the annual report of the Authority before each House of Parliament.

What does Section 72 deal with?

Grants by the Central Government to the Authority.

What is the power of the Central Government under Section 72(1)?

The Central Government shall, after due appropriation made by Parliament by law, pay grants to the Authority for performing its functions under this Act.

For what purpose are the grants given under Section 72(1)?

The grants are given for being utilised for performing the functions of the Authority under this Act.

What discretion does the Central Government have regarding the amount of grants under Section 72(1)?

The Central Government may pay such sums of money as it may think fit as grants to the Authority.

How may the Authority utilise the grants under Section 72(2)?

The Authority may spend the grants for performing its functions as prescribed under this Act.

How are the amounts spent by the Authority under Section 72(2) treated financially?

The amounts spent by the Authority shall be treated as expenditure payable out of the grants referred to in sub-section (1).

What does Section 73 deal with?

Accounts and audit of the Authority.

What is the obligation of the Authority under Section 73(1)?

The Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts.

In what manner are the accounts to be prepared under Section 73(1)?

The annual statement of accounts shall be prepared in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.

Who is responsible for auditing the accounts of the Authority under Section 73(2)?

The accounts of the Authority shall be audited by the Comptroller and Auditor-General.

At what intervals are the accounts of the Authority to be audited under Section 73(2)?

The accounts shall be audited at such intervals as may be specified by the Comptroller and Auditor-General.

Who shall bear the expenditure incurred in connection with the audit under Section 73(2)?

The expenditure incurred in connection with the audit shall be payable by the Authority to the Comptroller and Auditor-General.

What rights are conferred on the Comptroller and Auditor-General under Section 73(3)?

The Comptroller and Auditor-General and any person appointed by him shall have the same rights and privileges in connection with the audit as in the audit of Government accounts.

What specific powers are available during audit under Section 73(3)?

The Comptroller and Auditor-General or the person appointed by him may demand production of books, accounts, connected vouchers, other documents and papers, and inspect any office of the Authority.

What is the duty of the Authority under Section 73(4)?

The Authority shall forward the accounts as certified by the Comptroller and Auditor-General along with the audit report annually to the Central Government.

What is the responsibility of the Central Government under Section 73(5)?

The Central Government shall lay the audit report before each House of Parliament as soon as may be after it is received.

 

CHAPTER-IX

OTHER OFFENCES AGAINST CHILDREN

What does Section 74 deal with?

Prohibition on disclosure of identity of children.

What is prohibited under Section 74(1)?

Disclosure of the name, address, school or any other particular leading to the identification of a child involved in an inquiry, investigation or judicial procedure is prohibited.

Which categories of children are protected under Section 74(1)?

A child in conflict with law, a child in need of care and protection, and a child victim or witness of a crime are protected.

Which forms of media are restricted under Section 74(1)?

Newspapers, magazines, news-sheets, audio-visual media and other forms of communication are restricted.

What restriction is imposed regarding publication of photographs under Section 74(1)?

The picture of any such child shall not be published.

Under what circumstance can disclosure be permitted under the proviso to Section 74(1)?

The Board or Committee may permit disclosure for reasons recorded in writing if it is in the best interest of the child.

Who has the authority to permit disclosure under the proviso to Section 74(1)?

The Board or the Committee holding the inquiry may permit such disclosure.

What restriction is imposed on the Police under Section 74(2)?

The Police shall not disclose any record of the child for the purpose of character certificate or otherwise.

To which cases does the restriction under Section 74(2) apply?

The restriction applies to pending cases as well as cases which have been closed or disposed of.

What is the punishment for contravention of Section 74(1) under Section 74(3)?

The offender shall be punishable with imprisonment up to six months or fine up to two lakh rupees or both.

What does Section 75 deal with?

Punishment for cruelty to a child.

Who is liable under Section 75?

Any person having the actual charge of or control over a child is liable.

What acts constitute cruelty under Section 75?

Assaulting, abandoning, abusing, exposing or wilfully neglecting a child, or causing or procuring such acts, constitutes cruelty.

What is the required nature of cruelty under Section 75?

The acts must be likely to cause the child unnecessary mental or physical suffering.

What is the general punishment prescribed under Section 75?

The offender shall be punishable with imprisonment up to three years or fine up to one lakh rupees or both.

What presumption applies regarding abandonment by biological parents under the first proviso to Section 75?

If abandonment is due to circumstances beyond their control, it shall be presumed not to be wilful.

What is the legal consequence of the presumption under the first proviso to Section 75?

The penal provisions of this section shall not apply in such cases of non-wilful abandonment.

What enhanced punishment is prescribed under the second proviso to Section 75?

If the offence is committed by a person employed by or managing an organisation entrusted with the care and protection of the child, punishment may extend to rigorous imprisonment up to five years and fine up to five lakh rupees.

What aggravated consequences are covered under the third proviso to Section 75?

Physical incapacitation, development of mental illness, mental unfitness to perform regular tasks, or risk to life or limb of the child.

What punishment is prescribed for aggravated cruelty under the third proviso to Section 75?

The offender shall be punishable with rigorous imprisonment of not less than three years which may extend up to ten years and shall also be liable to a fine of five lakh rupees.

What does Section 76 deal with?

Employment or use of a child for the purpose of begging.

Who is punishable under Section 76(1)?

Whoever employs or uses any child for begging or causes any child to beg is punishable.

What is the punishment prescribed under Section 76(1)?

The offender shall be punishable with imprisonment up to five years and fine of one lakh rupees.

What aggravated act attracts enhanced punishment under the proviso to Section 76(1)?

Amputating or maiming a child for the purpose of begging attracts enhanced punishment.

What is the enhanced punishment under the proviso to Section 76(1)?

The offender shall be punishable with rigorous imprisonment of not less than seven years which may extend up to ten years and fine of five lakh rupees.

Who is liable under Section 76(2)?

A person having the actual charge of or control over the child who abets the offence under sub-section (1) is liable.

What punishment is prescribed for abetment under Section 76(2)?

The abettor shall be punishable with the same punishment as provided under sub-section (1).

What legal consequence follows for the abettor under Section 76(2)?

The abettor shall be considered to be unfit under sub-clause (v) of clause (14) of section 2.

What is the status of the child involved under the proviso to Section 76(2)?

The child shall not be considered a child in conflict with law under any circumstances.

What protective measure is mandated for the child under the proviso to Section 76(2)?

The child shall be removed from the charge or control of the guardian or custodian and produced before the Committee for appropriate rehabilitation.

What does Section 77 deal with?

Penalty for giving intoxicating liquor or narcotic drug or psychotropic substance to a child.

Who is liable under Section 77?

Whoever gives or causes to be given any prohibited substance to a child is liable.

Which substances are covered under Section 77?

Intoxicating liquor, any narcotic drug, tobacco products, or any psychotropic substance are covered.

What exception is provided under Section 77?

Giving such substances on the order of a duly qualified medical practitioner is excepted.

What is the punishment prescribed under Section 77?

The offender shall be punishable with rigorous imprisonment up to seven years.

What fine may be imposed under Section 77?

The offender shall also be liable to a fine which may extend up to one lakh rupees.

What does Section 78 deal with?

Using a child for vending, peddling, carrying, supplying or smuggling intoxicating liquor, narcotic drug or psychotropic substance.

Who is liable under Section 78?

Whoever uses a child for the prohibited activities is liable.

For what activities is the use of a child prohibited under Section 78?

Vending, peddling, carrying, supplying or smuggling intoxicating liquor, narcotic drug or psychotropic substance is prohibited.

What substances are covered under Section 78?

Intoxicating liquor, narcotic drugs and psychotropic substances are covered.

What punishment is prescribed under Section 78?

The offender shall be liable to rigorous imprisonment which may extend to seven years.

What fine may be imposed under Section 78?

The offender shall also be liable to a fine which may extend up to one lakh rupees.

What does Section 79 deal with?

Exploitation of a child employee.

What is the overriding effect of Section 79?

The provisions of this section apply notwithstanding anything contained in any law for the time being in force.

Who is liable under Section 79?

Whoever ostensibly engages a child and exploits the child for the purpose of employment is liable.

What conduct amounts to exploitation under Section 79?

Keeping a child in bondage for employment, withholding the child’s earnings, or using such earnings for one’s own purposes amounts to exploitation.

What is the punishment prescribed under Section 79?

The offender shall be punishable with rigorous imprisonment up to five years and fine of one lakh rupees.

What is the scope of the term “employment” under the Explanation to Section 79?

Employment includes selling goods and services and entertainment in public places for economic gain.

What does Section 80 deal with?

Punitive measures for adoption without following prescribed procedures.

Who is liable under Section 80?

Any person or organisation that offers, gives or receives an orphan, abandoned or surrendered child for adoption without following the provisions or procedures of this Act is liable.

Which categories of children are covered under Section 80?

Orphan, abandoned and surrendered children are covered.

What is the offence defined under Section 80?

Offering, giving or receiving a child for the purpose of adoption without following the provisions or procedures provided in this Act constitutes an offence.

What punishment is prescribed under Section 80?

The offender shall be punishable with imprisonment of either description up to three years, or fine of one lakh rupees, or both.

What additional consequence applies when the offence is committed by a recognised adoption agency under the proviso to Section 80?

In addition to punishment of persons in-charge and responsible for day-to-day affairs, the registration under section 41 and recognition under section 65 of the agency shall be withdrawn.

For what minimum period is the registration and recognition withdrawn under the proviso to Section 80?

The registration and recognition shall be withdrawn for a minimum period of one year.

What does Section 81 deal with?

Sale and procurement of children for any purpose.

Who is liable under Section 81?

Any person who sells or buys a child for any purpose is liable.

What is the general punishment under Section 81?

The offender shall be punishable with rigorous imprisonment up to five years and fine of one lakh rupees.

What enhanced punishment applies under the proviso to Section 81?

If the offence is committed by a person having actual charge of the child, including employees of a hospital, nursing home or maternity home, imprisonment shall not be less than three years and may extend up to seven years.

What does Section 82 deal with?

Corporal punishment in child care institutions.

Who is liable under Section 82(1)?

Any person in-charge of or employed in a child care institution who subjects a child to corporal punishment is liable.

What is the punishment for the first conviction under Section 82(1)?

On the first conviction, the person shall be liable to a fine of ten thousand rupees.

What is the punishment for subsequent offences under Section 82(1)?

For every subsequent offence, the person shall be liable to imprisonment which may extend to three months, or fine, or both.

What additional consequence applies to an employee convicted under Section 82(2)?

The person shall be liable for dismissal from service and debarred from working directly with children thereafter.

Who is liable under Section 82(3)?

The person in-charge of the management of the institution where corporal punishment is reported and management does not cooperate with inquiry or comply with orders.

What is the punishment under Section 82(3) for non-cooperation by management?

The person in-charge shall be liable for imprisonment not less than three years and fine which may extend to one lakh rupees.

What does Section 83 deal with?

Use of children by militant groups or other adults.

Who is liable under Section 83(1)?

Any non-State, self-styled militant group or outfit declared as such by the Central Government that recruits or uses any child for any purpose is liable.

What is the punishment under Section 83(1)?

The offender shall be liable for rigorous imprisonment up to seven years and fine of five lakh rupees.

Who is liable under Section 83(2)?

Any adult or adult group that uses children for illegal activities, either individually or as a gang, is liable.

What is the punishment under Section 83(2)?

The offender shall be liable for rigorous imprisonment up to seven years and fine of five lakh rupees.

What does Section 84 deal with?

Kidnapping and abduction of a child.

How are the provisions of the Indian Penal Code applied under Section 84?

The provisions of sections 359 to 369 of the Indian Penal Code, 1860, shall mutatis mutandis apply to a child or minor under the age of eighteen years.

How are the IPC provisions to be construed under Section 84?

All the provisions shall be construed accordingly in relation to a child or minor under eighteen years.

What does Section 85 deal with?

Offences committed on disabled children.

Who is liable under Section 85?

Whoever commits any of the offences referred to in this Chapter on a child who is disabled as certified by a medical practitioner is liable.

What is the punishment for offences committed on disabled children under Section 85?

The offender shall be liable to twice the penalty provided for such offence.

How is “disability” defined for the purposes of Section 85?

The term “disability” shall have the same meaning as assigned under clause (i) of section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

What does Section 86 deal with?

Classification of offences and designated court under the Act.

How are offences punishable with imprisonment for more than seven years classified under Section 86(1)?

Such offences shall be cognizable and non-bailable.

How are offences punishable with imprisonment for three years and above but not more than seven years classified under Section 86(2)?

Such offences shall be non-cognizable and non-bailable.

How are offences punishable with imprisonment for less than three years or with fine only classified under Section 86(3)?

Such offences shall be non-cognizable and bailable.

Which court is designated to try offences under this Act under Section 86(4)?

Notwithstanding other laws, all offences under this Act shall be triable by the Children's Court.

What does Section 87 deal with?

Abetment of offences under the Act.

Who is liable under Section 87?

Whoever abets any offence under this Act is liable if the act abetted is committed as a consequence of the abetment.

What is the punishment for abetment under Section 87?

The abettor shall be punished with the punishment provided for the offence abetted.

How is “abetment” defined for the purposes of Section 87?

The expression “abetment” shall have the same meaning as assigned in Section 107 of the Indian Penal Code, 1860.

What does Section 88 deal with?

Alternative punishment when an act is punishable under this Act and any other law.

When does Section 88 apply?

It applies when an act or omission constitutes an offence punishable under this Act as well as under any other law in force.

Which punishment is applicable under Section 88?

The offender shall be liable for punishment under the law which provides for a greater degree of punishment, notwithstanding any other law.

What does Section 89 deal with?

Offence committed by a child under this Chapter.

What is the legal status of a child committing an offence under this Chapter?

Any child who commits an offence under this Chapter shall be considered as a child in conflict with law under this Act.

 

CHAPTER-X

MISCELLANEOUS

What does Section 90 deal with?

Attendance of parent or guardian of a child at proceedings.

Who may require the attendance of a parent or guardian under Section 90?

The Committee or the Board, as the case may be, may require attendance.

When can the attendance of a parent or guardian be required under Section 90?

Whenever the Committee or Board thinks fit, in respect of any proceeding concerning the child.

Who is required to attend under Section 90?

Any parent or guardian having the actual charge of the child.

What does Section 91 deal with?

Dispensing with attendance of a child during inquiry and travel reimbursement.

When can the Committee or Board dispense with the attendance of a child under Section 91(1)?

If the Committee or Board is satisfied that the attendance of the child is not essential for the purpose of inquiry.

What is the exception to dispensing with attendance under Section 91(1)?

Attendance may be required for recording the statement of the child unless otherwise ordered by the Committee or Board.

What happens to the inquiry after dispensing with the child’s attendance under Section 91(1)?

The inquiry shall continue even in the absence of the child concerned unless ordered otherwise by the Committee or Board.

Who is entitled to travel reimbursement under Section 91(2)?

The child whose attendance is required and one escort accompanying the child.

Who bears the travel reimbursement cost under Section 91(2)?

The Board, Committee, or District Child Protection Unit, as the case may be, shall reimburse actual expenditure incurred.

What does Section 92 deal with?

Placement of a child suffering from a disease requiring prolonged medical treatment in an approved place.

When can a child be sent to an approved place under Section 92?

When the child is found to be suffering from a disease requiring prolonged medical treatment or a physical or mental complaint that will respond to treatment.

Who may direct the placement of the child under Section 92?

The Committee or the Board, as the case may be, may direct the placement.

Where can the child be sent under Section 92?

To any place recognised as a fit facility as prescribed.

For how long can the child be placed in the approved facility under Section 92?

For such period as the Committee or Board may think necessary for the required treatment.

What does Section 93 deal with?

Transfer of a child who is mentally ill or addicted to alcohol or other drugs.

When can the Committee or Board order removal of a child under Section 93(1)?

If it appears that a child in a special home, observation home, children’s home, or other institution is mentally ill or addicted to alcohol or other drugs causing behavioural changes.

Where may such a child be transferred under Section 93(1)?

To a psychiatric hospital or psychiatric nursing home in accordance with the Mental Health Act, 1987 or the rules made thereunder.

What is the procedure under Section 93(2) after a child is discharged from a psychiatric hospital or nursing home?

The Committee or Board may order removal of the child to an Integrated Rehabilitation Centre for Addicts or similar State-run centres for mentally ill persons, including those addicted to narcotic drugs or psychotropic substances.

For how long may a child be placed in an Integrated Rehabilitation Centre under Section 93(2)?

Only for the period required for the inpatient treatment of the child.

What does “Integrated Rehabilitation Centre for Addicts” mean under the Explanation to Section 93?

It has the meaning assigned under the “Central Sector Scheme of Assistance for Prevention of Alcoholism and Substance (Drugs) Abuse and for Social Defence Services” or any corresponding scheme in force.

How is “mentally ill person” defined under the Explanation to Section 93?

It has the same meaning as assigned in clause (l) of section 2 of the Mental Health Act, 1987.

How are “psychiatric hospital” or “psychiatric nursing home” defined under the Explanation to Section 93?

They have the same meaning as assigned in clause (q) of section 2 of the Mental Health Act, 1987.

What does Section 94 deal with?

Presumption and determination of age of a person brought before the Committee or Board.

When can the Committee or Board presume a person to be a child under Section 94(1)?

If it is obvious from the appearance of the person (other than for giving evidence) that the person is a child.

What action shall the Committee or Board take when it presumes the person to be a child under Section 94(1)?

It shall record the observation stating the age as nearly as may be and proceed with the inquiry under section 14 or section 36 without waiting for further confirmation of age.

What should the Committee or Board do if there is reasonable doubt about whether the person is a child under Section 94(2)?

It shall undertake the process of age determination by seeking evidence.

What evidence is to be obtained first for age determination under Section 94(2)(i)?

The date of birth certificate from the school, or the matriculation or equivalent certificate from the concerned examination Board, if available.

What evidence is to be obtained second if school or board certificate is not available under Section 94(2)(ii)?

The birth certificate given by a corporation, municipal authority, or panchayat.

What method is used for age determination if documentary evidence is unavailable under Section 94(2)(iii)?

Age shall be determined by an ossification test or any other latest medical age determination test conducted on the orders of the Committee or Board.

What time frame is prescribed for conducting age determination tests under the proviso to Section 94(2)?

Such tests shall be completed within fifteen days from the date of the Committee or Board’s order.

What legal status is given to the age recorded by the Committee or Board under Section 94(3)?

The recorded age shall be deemed to be the true age of the person for the purposes of this Act.

What does Section 95 deal with?

Transfer of a child to place of residence.

When can the Board or Committee order the transfer of a child under Section 95(1)?

If it is found that the child hails from a place outside the jurisdiction, and the transfer is in the best interest of the child after consultation with the Committee or Board of the child’s home district.

What is required for transfer of a child in conflict with law under Section 95(1) proviso?

Transfer can be made only after the inquiry has been completed and final order passed by the Board.

How is inter-State transfer of a child to be handled under Section 95(1) second proviso?

The child shall be, if convenient, handed over to the Committee or Board of the home district or to the Committee or Board in the capital city of the home State.

Who is responsible for escorting the child after transfer decision under Section 95(2)?

The Committee or Board shall give an escort order to the Special Juvenile Police Unit within fifteen days of receiving the order.

Who should accompany a girl child during transfer under Section 95(2) proviso?

A woman police officer shall accompany a girl child.

What happens if a Special Juvenile Police Unit is not available under Section 95(2) second proviso?

The institution where the child is temporarily staying or the District Child Protection Unit shall provide an escort to accompany the child during travel.

Who bears the travelling allowance for the escorting staff under Section 95(3)?

The State Government shall make rules to provide travelling allowance, which shall be paid in advance.

What is the role of the receiving Committee or Board after the child is transferred under Section 95(4)?

The receiving Committee or Board will process for restoration, rehabilitation, or social re-integration of the child as provided in this Act.

What does Section 96 deal with?

Transfer of a child between Children’s Homes, special homes, fit facilities, or fit persons in different parts of India.

Who can recommend the transfer of a child under Section 96(1)?

A Committee or Board may recommend the transfer to the State Government.

Who can order the transfer of a child within the State under Section 96(1)?

The State Government may order the transfer, keeping the best interest of the child in mind and giving prior intimation to the concerned Committee or Board.

Who can order the transfer of a child within the same district under Section 96(1) proviso?

The Committee or Board of the said district shall be competent to issue such an order.

How is inter-State transfer of a child ordered under Section 96(2)?

The State Government may order transfer outside the State only in consultation with the concerned State Government.

Does transfer under Section 96 affect the total period of stay of the child in a home?

No, the total period of stay in a Children’s Home or special home shall not be increased by such transfer under Section 96(3).

What is the effect of transfer orders under Section 96(4)?

Orders passed under sub-sections (1) and (2) shall be deemed operative for the Committee or Board of the area to which the child is sent.

What does Section 97 deal with?

Release of a child from an institution.

Who may consider the release of a child under Section 97(1)?

The Committee or the Board may consider release based on a report of a probation officer, social worker, government authority, voluntary organization, or non-governmental organisation.

What types of release can be ordered under Section 97(1)?

The release can be absolute or conditional, with conditions deemed fit by the Committee or Board.

Who can take charge of a child released conditionally under Section 97(1)?

The child may live with parents, guardian, or under the supervision of any authorised person named in the order.

What can the Committee or Board do if conditions are not fulfilled under Section 97(1) proviso?

The Board or Committee may take the child back and place them in the concerned home.

How is temporary release accounted for under Section 97(2)?

The time during which the child is not present in the home under temporary release is deemed part of the time for which the child is liable to be kept in the home.

What happens if a child in conflict with law fails to fulfil conditions under Section 97(2) proviso?

The period for which the child is liable to remain in the institution shall be extended by the Board for an equivalent period of time lost due to such failure.

What does Section 98 deal with?

Leave of absence to a child placed in an institution.

Who may permit leave of absence to a child under Section 98(1)?

The Committee or the Board, as the case may be.

On what occasions can leave of absence be granted under Section 98(1)?

On special occasions like examinations, marriage of relatives, death of kith or kin, accident or serious illness of parent, or any similar emergency.

What is the maximum duration for leave of absence under Section 98(1)?

Generally, not exceeding seven days in one instance, excluding the time taken in journey.

How is the leave period counted under Section 98(2)?

The time during which a child is absent under leave shall be deemed part of the time the child is liable to be kept in the Children’s Home or special home.

What action can the Board or Committee take if a child fails to return after leave under Section 98(3)?

The Board or Committee may cause the child to be taken charge of and returned to the concerned home.

What happens if a child in conflict with law fails to return after leave under the proviso to Section 98(3)?

The period for which the child is liable to remain in the institution shall be extended by the Board for an equivalent period of time lost due to such failure.

What does Section 99 deal with?

Treatment of reports related to a child as confidential.

How should reports considered by the Committee or Board be treated under Section 99(1)?

All reports related to the child shall be treated as confidential.

When can the Committee or Board communicate the substance of reports under Section 99(1) proviso?

If it thinks fit, to another Committee or Board, or to the child, or to the child’s parent or guardian.

What opportunity may be provided when communicating reports under Section 99(1) proviso?

The Committee or Board may give an opportunity to produce evidence relevant to the matter stated in the report.

Does Section 99(2) allow victims access to their case records?

Yes, notwithstanding anything in this Act, the victim shall not be denied access to their case record, orders, and relevant papers.

What does Section 100 deal with?

Protection of action taken in good faith under this Act.

Against whom does Section 100 provide protection?

The Central Government, State Government, or any person acting under their directions.

What kind of legal proceedings are barred under Section 100?

No suit, prosecution, or other legal proceeding shall lie.

What is the condition for protection under Section 100?

The action must be done in good faith or intended to be done in pursuance of this Act or any rules or regulations made thereunder.

What does Section 101 deal with?

Appeals against orders made by the Committee, Board, or District Magistrate under this Act.

Who can file an appeal under Section 101(1)?

Any person aggrieved by an order made by the Committee or the Board.

Within what time frame must an appeal be filed under Section 101(1)?

Within thirty days from the date of the order.

Where does an appeal lie for decisions related to Foster Care and Sponsorship After Care under Section 101(1) proviso?

With the District Magistrate.

Can appeals be entertained after the thirty-day period under Section 101(1) proviso?

Yes, if the Court of Sessions or District Magistrate is satisfied that sufficient cause prevented timely filing; such appeal shall be decided within thirty days.

Against which orders of the Board does Section 101(2) provide a right of appeal?

Orders passed after making preliminary assessment into a heinous offence under section 15 of the Act.

Who can assist the Court while deciding appeals under Section 101(2)?

Experienced psychologists and medical specialists, other than those consulted by the Board in passing the order.

Are appeals allowed against acquittal of a child above sixteen for offences other than heinous offences under Section 101(3)?

No, no appeal shall lie.

Is a second appeal allowed from the Court of Session under Section 101(4)?

No second appeal shall lie.

Where can a person aggrieved by an order of the Children’s Court file an appeal under Section 101(5)?

Before the High Court in accordance with the procedure specified in the Code of Criminal Procedure, 1973.

Who can file an appeal against an adoption order passed by the District Magistrate under Section 101(6)?

Any person aggrieved by the adoption order, within thirty days from the date of the order.

By when should appeals under Section 101(7) be disposed of?

As expeditiously as possible, with an endeavour to dispose within four weeks from filing.

Who can decide the appeal if there is no Divisional Commissioner under Section 101(7) proviso?

The State Government or Union Territory Administration may empower an officer equivalent to the rank of Divisional Commissioner to decide the appeal.

What does Section 102 deal with?

The power of revision vested in the High Court.

Which authority is empowered to exercise revision under Section 102?

The High Court.

Can the High Court exercise revisional powers on its own motion under Section 102?

Yes, the High Court may act suo motu.

Can revision under Section 102 be initiated on an application?

Yes, on an application received in this behalf.

Whose records can be called for by the High Court under Section 102?

Records of proceedings in which any Committee, Board, Children’s Court, or Court has passed an order.

For what purpose can the High Court call for records under Section 102?

To satisfy itself as to the legality or propriety of any such order.

What powers does the High Court have after examining the record under Section 102?

It may pass such order in relation thereto as it thinks fit.

Is the High Court allowed to pass a prejudicial order without hearing the affected person under Section 102 proviso?

No, it must give a reasonable opportunity of being heard before passing any prejudicial order.

What does Section 103 deal with?

The procedure in inquiries, appeals and revision proceedings under the Act.

Which bodies are covered under Section 103(1) for inquiries?

The Committee and the Board.

What procedure must the Committee or Board follow while holding an inquiry under this Act?

The procedure as may be prescribed under the Act.

In absence of a prescribed procedure, which law guides the inquiry under Section 103(1)?

The Code of Criminal Procedure, 1973.

Which type of CrPC procedure is to be followed for inquiries under Section 103(1)?

The procedure for trial of summons cases.

Is the CrPC procedure to be followed strictly or flexibly under Section 103(1)?

As far as may be (flexibly).

What does Section 103(2) govern?

The procedure for hearing appeals and revision proceedings.

Which law governs appeals and revision proceedings under Section 103(2)?

The Code of Criminal Procedure, 1973.

Is the CrPC procedure for appeals and revisions mandatory under Section 103(2)?

No, it is to be followed as far as practicable.

Does Section 103 override express provisions of the Act?

No, it applies only where the Act does not expressly provide otherwise.

What does Section 104 deal with?

The power of the Committee or the Board to amend its own orders.

Does Section 104 affect the right to appeal or revision?

No, it is without prejudice to the provisions relating to appeal and revision under the Act.

On what basis can the Committee or Board amend its own orders under Section 104(1)?

On an application received in this behalf.

Which types of orders can be amended under Section 104(1)?

Orders relating to the institution to which a child is sent or the person under whose care or supervision the child is placed.

Is a hearing mandatory before amending an order under Section 104(1)?

Yes, all persons concerned or their authorised representatives must be heard.

What is the quorum requirement for the Board while amending orders under Section 104(1)?

At least two members, including the Principal Magistrate.

What is the quorum requirement for the Committee while amending orders under Section 104(1)?

At least three members of the Committee.

What does Section 104(2) provide for?

Correction of clerical mistakes or errors arising from accidental slips or omissions.

Can clerical mistakes be corrected at any time under Section 104(2)?

Yes, they may be corrected at any time.

Can such corrections under Section 104(2) be made suo motu?

Yes, either suo motu or on an application received.

What does Section 105 deal with?

Juvenile Justice Fund.

Who may create the Juvenile Justice Fund under Section 105(1)?

The State Government.

For what purpose is the Juvenile Justice Fund created?

For the welfare and rehabilitation of children dealt with under this Act.

What can be credited to the Juvenile Justice Fund under Section 105(2)?

Voluntary donations, contributions or subscriptions from any individual or organisation.

Who administers the Juvenile Justice Fund under Section 105(3)?

The Department of the State Government implementing this Act.

How is the Juvenile Justice Fund to be administered?

In such manner and for such purposes as may be prescribed.

Is contribution to the Juvenile Justice Fund compulsory?

No, contributions are voluntary.

What does Section 106 deal with?

State Child Protection Society and District Child Protection Unit.

Who is required to constitute a State Child Protection Society under Section 106?

Every State Government.

What must be constituted at the district level under Section 106?

A District Child Protection Unit for every District.

Who appoints the officers and employees of the Child Protection Society and District Child Protection Unit?

The State Government.

What is the primary objective of the State Child Protection Society and District Child Protection Unit?

To ensure the implementation of this Act.

Which activities are included within the functions under Section 106?

Establishment and maintenance of institutions, notification of competent authorities, rehabilitation of children, and coordination with agencies.

With whom is coordination required under Section 106?

Various official and non-official agencies concerned with children.

Can the Society and Unit perform functions beyond those expressly mentioned?

Yes, such other functions as may be prescribed.

What does Section 107 deal with?

Child Welfare Police Officer and Special Juvenile Police Unit.

Who may be designated as a Child Welfare Police Officer under Section 107(1)?

A police officer not below the rank of Assistant Sub-Inspector with aptitude, appropriate training and orientation.

Where must a Child Welfare Police Officer be designated?

In every police station.

What is the exclusive role of the Child Welfare Police Officer under Section 107(1)?

To deal exclusively with children as victims or perpetrators.

With whom does the Child Welfare Police Officer coordinate while dealing with children?

Police, voluntary organisations and non-governmental organisations.

Who is responsible for constituting Special Juvenile Police Units under Section 107(2)?

The State Government.

At what administrative level are Special Juvenile Police Units to be constituted?

In each district and city.

Who shall head the Special Juvenile Police Unit under Section 107(2)?

A police officer not below the rank of Deputy Superintendent of Police.

Who are the members of the Special Juvenile Police Unit?

Designated Child Welfare Police Officers and two social workers.

What is the mandatory requirement regarding social workers in the Special Juvenile Police Unit?

One of the two social workers must be a woman with experience in child welfare.

What is the purpose of constituting the Special Juvenile Police Unit?

To coordinate all functions of the police related to children.

What training requirement is prescribed under Section 107(3)?

Special training to all officers of the Special Juvenile Police Unit, especially at induction.

Why is special training mandated for officers under Section 107(3)?

To enable them to perform their child-related functions more effectively.

Does the Special Juvenile Police Unit include Railway Police?

Yes, Railway Police dealing with children are included.

What does Section 108 deal with?

Public awareness on provisions of the Act.

Who is responsible for ensuring public awareness under Section 108?

The Central Government and every State Government.

What type of measures must be taken under Section 108?

Necessary measures to ensure awareness and effective implementation of the Act.

How should the provisions of this Act be publicised under Section 108(a)?

Through media including television, radio and print media.

At what frequency should publicity of the Act be carried out?

At regular intervals.

Who are the intended beneficiaries of the publicity under Section 108(a)?

The general public, children, and their parents or guardians.

What is the objective of giving wide publicity to the provisions of the Act?

To make the general public, children and their parents or guardians aware of the provisions.

What training obligation is imposed under Section 108(b)?

Periodic training on matters relating to the implementation of the Act.

Who must be imparted periodic training under Section 108(b)?

Officers of the Central Government, State Government and other concerned persons.

What does Section 109 deal with?

Monitoring of implementation of the Act.

Which authorities are responsible for monitoring the implementation of this Act under Section 109(1)?

The National Commission for Protection of Child Rights or the State Commission for Protection of Child Rights, as the case may be.

Under which law are the National and State Commissions referred to in Section 109 constituted?

The Commissions for Protection of Child Rights Act, 2005.

Is monitoring under Section 109 in addition to the functions assigned under the 2005 Act?

Yes, it is in addition to the functions assigned under the Commissions for Protection of Child Rights Act, 2005.

In what manner is the monitoring under Section 109(1) to be carried out?

In such manner as may be prescribed.

What powers do the National or State Commission have while inquiring into offences under this Act?

The same powers as vested under the Commissions for Protection of Child Rights Act, 2005.

When do these powers apply under Section 109(2)?

While inquiring into any matter relating to any offence under this Act.

What reporting obligation is imposed under Section 109(3)?

Inclusion of activities under this section in the annual report.

Under which provision is the annual report referred to in Section 109(3)?

Section 16 of the Commissions for Protection of Child Rights Act, 2005.

What does Section 110 deal with?

Power to make rules.

Who has the power to make rules under Section 110(1)?

The State Government.

How are rules made under Section 110(1)?

By notification in the Official Gazette to carry out the purposes of the Act.

What power does the Central Government have under the proviso to Section 110(1)?

It may frame model rules on matters for which the State Government is required to make rules.

When do the Central Government’s model rules apply to a State?

When the State has not yet made its own rules on that matter.

How do model rules apply to the State under Section 110(1)?

Mutatis mutandis.

What must the State Government ensure while framing its own rules?

That they conform to the model rules framed by the Central Government.

What is the scope of Section 110(2)?

It lists specific matters on which rules may be made, without prejudice to the general power under Section 110(1).

What does Section 110(2)(i) provide for?

The manner of inquiry in cases of a missing or runaway child or where parents cannot be found.

Which provision is Section 110(2)(i) linked to?

Section 2(14)(vii).

What does Section 110(2)(ii) deal with?

Responsibilities of the Child Welfare Officer attached to a Children’s Home.

Which definition is referred to in Section 110(2)(ii)?

Section 2(17).

What does Section 110(2)(iii) provide for?

Qualifications of the members of the Juvenile Justice Board.

Which section governs this under the Act?

Section 4(2).

What does Section 110(2)(iv) cover?

Induction training and sensitisation of all members of the Board.

Which provision is this connected to?

Section 4(5).

What is covered under Section 110(2)(v)?

Term of office of Board members and the manner of resignation.

Which section does this relate to?

Section 4(6).

What does Section 110(2)(vi) regulate?

Time of meetings of the Board and procedure for transaction of business.

Which provision is it linked with?

Section 7(1).

What does Section 110(2)(vii) provide for?

Qualifications, experience, and payment of fees of an interpreter or translator.

Which section does this refer to?

Section 8(3)(d).

What is covered under Section 110(2)(viii)?

Any other functions of the Board.

Which clause authorises this?

Section 8(3)(n).

What does Section 110(2)(ix) deal with?

Persons through whom a child in conflict with law may be produced before the Board and the manner of sending such child to an observation home or place of safety.

Which section governs this procedure?

Section 10(2).

What is provided under Section 110(2)(x)?

Manner of keeping a person in an observation home when not released on bail.

Which section is this connected to?

Section 12(2).

What does Section 110(2)(xi) relate to?

Format for information on pendency of cases before the Board.

To whom is pendency information sent under Section 110(2)(xi)?

Chief Judicial Magistrate or Chief Metropolitan Magistrate and the District Magistrate.

How frequently is pendency information to be submitted?

On a quarterly basis.

Which section mandates this reporting?

Section 16(3).

What does Section 110(2)(xii) provide for?

Monitoring procedures and list of monitoring authorities.

Which provision is Section 110(2)(xii) linked to?

Section 20(2).

What does Section 110(2)(xiii) deal with?

Manner of destruction of relevant records of a child.

Which authorities may destroy records under Section 110(2)(xiii)?

The Board, police or the court.

Which section governs destruction of records?

Section 24(2).

What is covered under Section 110(2)(xiv)?

Qualifications of the members of the Child Welfare Committee.

Which provision does Section 110(2)(xiv) refer to?

Section 27(5).

What does Section 110(2)(xiva) provide for?

Form of report submitted to the District Magistrate.

Which section mandates this report?

Section 27(8).

What does Section 110(2)(xv) regulate?

Rules and procedures for transaction of business at CWC meetings.

Which section is it connected with?

Section 28(1).

What is provided under Section 110(2)(xvi)?

Process of restoration of abandoned or lost children to families.

Which provision does this relate to?

Section 30(x).

What does Section 110(2)(xvii) deal with?

Manner of submitting reports to the Committee and entrusting the child to care institutions or persons.

Which section governs this process?

Section 31(2).

What is covered under Section 110(2)(xviii)?

Manner of holding inquiry by the Child Welfare Committee.

Which provision authorises this?

Section 36(1).

What does Section 110(2)(xix) provide for?

Manner of sending a child to SAA, Children’s Home, fit facility/person or foster family and review of such placement.

Which section is referred to here?

Section 36(3).

What is provided under Section 110(2)(xx)?

Manner of submitting quarterly report by the Committee to the District Magistrate.

Which provision mandates this report?

Section 36(4).

What does Section 110(2)(xxi) deal with?

Orders relating to other functions of the Committee.

Which clause authorises this?

Section 37(2)(iii).

What is covered under Section 110(2)(xxii)?

Monthly information by the Committee to State Agency and Authority regarding adoption cases.

Which provision governs this reporting?

Section 38(5).

What does Section 110(2)(xxiia) provide for?

Form of quarterly report on restored, dead and runaway children.

Which section is it linked to?

Section 40(4).

What does Section 110(2)(xxiii) regulate?

Manner of registration of all institutions under the Act.

Which provision governs registration?

Section 41(1).

What is provided under Section 110(2)(xxiv)?

Procedure for cancelling or withholding registration of institutions.

Which provision authorises this?

Section 41(7).

What does Section 110(2)(xxv) deal with?

Monthly information to be sent by open shelters to authorities.

To whom is the information sent?

District Child Protection Unit and Committee.

Which provision mandates this?

Section 43(3).

What is covered under Section 110(2)(xxvi)?

Procedure for placing children in foster care including group foster care.

Which section governs this?

Section 44(1).

What does Section 110(2)(xxvii) provide for?

Procedure for inspection of children in foster care.

Which provision authorises inspection?

Section 44(4).

What is covered under Section 110(2)(xxviii)?

Manner in which foster family provides education, health and nutrition.

Which provision governs this duty?

Section 44(6).

What does Section 110(2)(xxix) deal with?

Procedure and criteria for providing foster care services.

Which provision authorises this?

Section 44(7).

What does Section 110(2)(xxx) provide for?

Format for inspection of foster families by the Committee to check the well-being of children.

Which provision is Section 110(2)(xxx) linked to?

Section 44(8).

What does Section 110(2)(xxxi) deal with?

Purpose of undertaking sponsorship programmes for children.

What types of sponsorship are covered?

Individual, group, and community sponsorship.

Which provision governs this?

Section 45(1).

What is covered under Section 110(2)(xxxii)?

Duration of sponsorship.

Which provision is it linked to?

Section 45(3).

What does Section 110(2)(xxxiii) provide for?

Manner of providing financial support to a child leaving institutional care after attaining eighteen years of age.

Which section governs this support?

Section 46.

What is dealt with under Section 110(2)(xxxiv)?

Management and monitoring of observation homes including standards, services, and registration.

Which provision authorises this?

Section 47(3).

What does Section 110(2)(xxxv) cover?

Management and monitoring of special homes and standards of services.

Which sections are referred to?

Section 48(2) and Section 48(3).

What is provided under Section 110(2)(xxxvi)?

Monitoring and management of Children’s Homes and standards of services based on individual care plans.

Which provision governs this?

Section 50(3).

What does Section 110(2)(xxxvii) deal with?

Recognition of fit facilities to temporarily take responsibility of a child.

Which section authorises this recognition?

Section 51(1).

What is covered under Section 110(2)(xxxviii)?

Procedure for verification of credentials of a fit person to receive a child.

Which provision governs this?

Section 52(1).

What does Section 110(2)(xxxix) provide for?

Manner of providing rehabilitation and reintegration services and standards for basic requirements.

Which section is it linked to?

Section 53(1).

What is dealt with under Section 110(2)(xl)?

Manner of setting up a Management Committee in each institution.

Which provision governs this?

Section 53(2).

What does Section 110(2)(xli) cover?

Activities undertaken by children’s committees.

Which provision authorises this?

Section 53(3).

What is provided under Section 110(2)(xlii)?

Appointment of inspection committees for institutions.

Which section governs this?

Section 54(1).

What does Section 110(2)(xliii) deal with?

Independent evaluation of functioning of Boards, Committees, police units, institutions and fit facilities/persons.

Which provision authorises such evaluation?

Section 55(1).

What is covered under Section 110(2)(xliv)?

Manner of furnishing details of children legally free for adoption to Specialised Adoption Agencies.

Which provision governs this?

Section 66(2).

What does Section 110(2)(xlv) provide for?

Other functions of the Authority.

Which section clause authorises this?

Section 68(e).

What is dealt with under Section 110(2)(xlvi)?

Criteria for selection or nomination, tenure and terms of appointment of Steering Committee members.

Which provision governs this?

Section 69(2).

What does Section 110(2)(xlvii) cover?

Manner in which the Steering Committee of the Authority shall meet.

Which provision is it linked to?

Section 69(4).

What does Section 110(2)(xlviii) provide for?

The manner in which the Authority shall submit its annual report to the Central Government.

Which provision is Section 110(2)(xlviii) linked to?

Section 71(1).

What does Section 110(2)(xlix) cover?

Functions of the Authority.

Which section governs these functions?

Section 72(2).

What is dealt with under Section 110(2)(l)?

The manner in which the Authority shall maintain proper accounts, records, and prepare annual statements of accounts.

Which provision authorises this?

Section 73(1).

What does Section 110(2)(li) provide for?

Period necessary for treatment of children suffering from diseases requiring prolonged medical or mental health care in a fit facility.

Which section governs this treatment?

Section 92.

What is covered under Section 110(2)(lii)?

Procedure for transfer of a child.

Which provision is it linked to?

Section 95(1).

What does Section 110(2)(liii) deal with?

Provision for travelling allowance to escorting staff accompanying the child.

Which section governs this allowance?

Section 95(3).

What is provided under Section 110(2)(liv)?

Procedure to be followed by the Committee or Board while holding inquiry, appeal, or revision.

Which provision authorises this procedure?

Section 103(1).

What does Section 110(2)(lv) cover?

Manner in which the Juvenile Justice Fund shall be administered.

Which section governs this fund?

Section 105(3).

What is dealt with under Section 110(2)(lvi)?

Functioning of the Child Protection Society for the State and Child Protection Units for every district.

Which provision governs this?

Section 106.

What does Section 110(2)(lvii) provide for?

Enabling the National or State Commission to monitor implementation of the Act.

Which section authorises such monitoring?

Section 109(1).

What is covered under Section 110(2)(lviii)?

Any other matter that is required to be or may be prescribed under the Act.

What does Section 110(3) deal with?

Laying of every rule and regulation made under the Act before both Houses of Parliament.

What is the duration for which rules are laid before Parliament?

Thirty days, which may be comprised in one or more sessions.

What is the effect of modification or annulment under Section 110(3)?

The rule or regulation shall have effect only in modified form or be of no effect, without affecting actions already taken.

What does Section 110(4) provide for?

Laying of rules made by the State Government before the State Legislature.

What does Section 111 deal with?

Repeal and savings.

Which Act is repealed under Section 111(1)?

The Juvenile Justice (Care and Protection of Children) Act, 2000.

What is the effect of repeal mentioned in Section 111(1)?

The Juvenile Justice (Care and Protection of Children) Act, 2000 stands repealed.

Does the repeal under Section 111 affect actions already taken under the repealed Act?

No, actions already taken are protected.

What is the saving clause provided under Section 111(2)?

Anything done or any action taken under the repealed Act shall be deemed to have been done under this Act.

How are past actions treated after the repeal under Section 111(2)?

They are deemed to have been taken under the corresponding provisions of this Act.

What does Section 112 deal with?

Power to remove difficulties.

Who is empowered to remove difficulties under Section 112(1)?

The Central Government.

When can the Central Government exercise power under Section 112(1)?

If any difficulty arises in giving effect to the provisions of this Act.

What limitation is placed on the order passed under Section 112(1)?

The order must not be inconsistent with the provisions of this Act.

What is the time limit for exercising the power to remove difficulties?

Within two years from the commencement of this Act.

Can an order to remove difficulties be made after two years of commencement?

No, such order cannot be made after expiry of two years.

What parliamentary control is provided under Section 112(2)?

The order must be laid before each House of Parliament.

When must the order under Section 112(2) be laid before Parliament?

As soon as may be after it is made.

Free Judiciary Coaching
Free Judiciary Notes
Free Judiciary Mock Tests
Bare Acts