Juvenile Justice Act 2015: Rights of Children in Conflict with Law Explained

A sixteen-year-old is picked up by the police for an offence. Where is the child taken? Who hears the case? Can the child be put in a lockup? Can the child be tried like an adult? The Juvenile Justice (Care and Protection of Children) Act, 2015 answers each of these questions in clear steps.

The Act has many chapters, but the part on children in conflict with law is the one most often tested in the Civil Judge Exam, PCS J Exam and APO Exam. The Juvenile Justice Act also appears in the Madhya Pradesh prelims syllabus. This blog follows the journey of a child from apprehension to final order.

Who is a child in conflict with law?

Section 2 gives the basic definitions. A child is anyone who has not completed eighteen years of age. A child in conflict with law is a child alleged or found to have committed an offence who "has not completed eighteen years of age on the date of commission of such offence". The date that counts is the date of the offence, not the date of the trial.

The Act also sorts offences into three groups.

These three groups decide which procedure applies later in the Act. Learn them before anything else.

The principles behind the Act (Section 3)

Section 3 lists general principles that everyone working under the Act must follow. Several of them are favourites for short notes.

•        Presumption of innocence (3(i)): Every child up to eighteen is presumed innocent.

•        Best interest of the child (3(iv)): This is the primary consideration.

•        Dignity in language (3(viii)): Adversarial or accusatory language should be avoided in child-related processes.

•        Institutional care as a last resort (3(xii)): Used only after a reasonable inquiry.

•        Erasure of records (3(xiv)): Past records under the juvenile justice system should generally be erased.

•        Diversion (3(xv)): Moving the child away from judicial proceedings is to be promoted, unless it is not in the child's or society's best interest.

•        Natural justice (3(xvi)): A fair hearing, freedom from bias and a right to review.

Apprehension: no lockup, no jail (Section 10)

When a child is apprehended, the police must place the child under a special juvenile police unit or a designated Child Welfare Police Officer. The child must be produced before the Juvenile Justice Board within twenty-four hours, not counting travel time.

The proviso is strong. In its words, "in no case, a child alleged to be in conflict with law shall be placed in a police lockup or lodged in a jail." If an exam question describes a child kept in a police station overnight, this is the section to cite.

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The Juvenile Justice Board (Sections 4 to 8)

Each district has one or more Boards set up by the State Government. Section 4 says a Board consists of a Metropolitan Magistrate or Judicial Magistrate of First Class, called the Principal Magistrate, with at least three years of experience, and two social workers, at least one of whom is a woman. The social workers need at least seven years of involvement in child welfare or a relevant professional degree. Members must go through induction training within sixty days.

•        Section 5: If a child turns eighteen during the inquiry, the Board may continue the inquiry and pass orders as if the person were still a child.

•        Section 6: A person who turns eighteen but committed the offence as a child is treated as a child during the inquiry. If bail is not granted, the person is placed in a place of safety.

•        Section 7: The Board sits at prescribed times in a child-friendly setting that does not feel intimidating or look like a regular court. Final disposal needs at least two members, including the Principal Magistrate. Disagreements are settled by majority, or by the Principal Magistrate if there is none.

•        Section 8: The Board has exclusive power over proceedings involving children in conflict with law in its area. Its functions include ensuring the child's informed participation, directing a social investigation report within fifteen days, issuing a final order with an individual care plan, and monthly inspection of residential facilities.

Bail for a child (Section 12)

Under Section 12(1), a child who appears to be a minor is to be released on bail, with or without surety, or placed under probation supervision or the care of a fit person, despite other procedural laws. The proviso allows bail to be refused if release would expose the child to association with known criminals, to moral, physical or psychological danger, or would defeat the ends of justice. The Board must record its reasons.

A child not given bail by the police is kept only in an observation home (Section 12(2)). If the Board refuses bail, it sends the child to an observation home or a place of safety (Section 12(3)). If a child cannot meet the bail conditions within seven days, the child must be brought before the Board for modification of the conditions (Section 12(4)).

The inquiry and its time limits (Section 14)

The Board holds an inquiry and may pass orders under Sections 17 and 18. Time limits are strict.

•        The inquiry must be completed within four months of the first production, extendable by up to two months with written reasons (Section 14(2)).

•        A preliminary assessment for heinous offences must be disposed of within three months (Section 14(3)).

•        If an inquiry into a petty offence is still inconclusive after the extension, the proceedings end. For serious or heinous offences, the Chief Magistrate may grant further extensions (Section 14(4)).

Section 14(5) lists safeguards and procedures. The Board checks for ill-treatment, keeps proceedings simple and child-friendly, and gives the child a chance to be heard. Petty offences follow summary procedure, and serious offences follow summons-case procedure. Heinous offences by a child under sixteen follow the serious-offence route. For children above sixteen, Section 15 applies.

Preliminary assessment for heinous offences (Section 15)

When a child aged sixteen or above is alleged to have committed a heinous offence, the Board assesses the child's mental and physical capacity to commit the offence, the child's understanding of its consequences, and the circumstances in which it was committed. Experts may assist. The Explanation makes clear that this assessment is not a trial.

If the Board decides to dispose of the matter itself, it generally follows summons-trial procedure. That order can be appealed under Section 101(2). This section is the bridge between the child justice system and the adult system, so examiners like it.

What the Board can order (Section 18)

For petty or serious offences at any age, or for heinous offences by a child under sixteen, the Board may do one of the following.

•        (a) Allow the child to go home after advice or admonition.

•        (b) Direct participation in group counselling.

•        (c) Order community service.

•        (d) Impose a fine on the child or the parent or guardian, subject to labour laws.

•        (e) Release the child on probation under a parent, guardian or fit person, for up to three years.

•        (f) Release the child on probation under a fit facility, for up to three years.

•        (g) Send the child to a special home for up to three years.

A proviso allows placement in a place of safety if the child's conduct makes a special home unsuitable. Under Section 18(2), the Board may add orders about school, vocational training, therapy, limits on visiting certain places, or de-addiction programmes. Under Section 18(3), after a preliminary assessment, the Board may transfer the trial to the Children's Court.

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The Children's Court (Section 19) and prohibited sentences (Section 21)

After receiving a preliminary assessment, the Children's Court may either try the child as an adult under the Criminal Procedure Code, subject to Sections 19 and 21 and the child's special needs, or conduct an inquiry as a Board and pass orders under Section 18. The final order must include an individual care plan (Section 19(2)).

A child found in conflict with law is sent to a place of safety until age twenty-one, after which the person is transferred to a jail, with reformative services provided during the stay (Section 19(3)). A yearly follow-up report is required (Section 19(4)).

Section 21 sets an absolute limit. No child in conflict with law may be sentenced to death or to life imprisonment without the possibility of release.

No joint trial and no lasting disqualification

Section 23 says that children in conflict with law may not be tried jointly with a person who is not a child. If an inquiry shows that a person is not a child, that person cannot be tried alongside a child.

Under Section 24(1), a child dealt with under the Act does not suffer the disqualifications normally attached to a conviction. The proviso excludes children over sixteen who are tried as adults under Section 19(1)(i). Under Section 24(2), records of conviction are destroyed after the appeal period or a prescribed period, but the Children's Court keeps the records for heinous offences where the child was tried as an adult.

A quick route map for answers

Frequently Asked Questions

Q1. Who is a child in conflict with law?

A child alleged or found to have committed an offence who had not completed eighteen years of age on the date of the offence, as defined in Section 2(13).

Q2. What is a heinous offence under the Act?

An offence for which the minimum punishment under the Indian Penal Code or other applicable law is imprisonment of seven years or more, under Section 2(33).

Q3. Can a child be kept in a police lockup?

No. Section 10 says in no case can a child alleged to be in conflict with law be placed in a police lockup or lodged in a jail.

Q4. Within what time must an apprehended child be produced before the Board?

Within twenty-four hours, not counting travel time, under Section 10.

Q5. Who sits on the Juvenile Justice Board?

A Metropolitan Magistrate or Judicial Magistrate of First Class with at least three years of experience, and two social workers, at least one of whom is a woman, under Section 4.

Q6. How long should an inquiry take?

Four months from the first production, extendable by up to two months with written reasons, under Section 14(2).

Q7. What is a preliminary assessment?

Under Section 15, an assessment of a child aged sixteen or above who is alleged to have committed a heinous offence, covering mental and physical capacity, understanding of consequences, and circumstances. It is not a trial.

Q8. What orders can the Board pass?

Under Section 18, advice or admonition, group counselling, community service, a fine, probation for up to three years, or placement in a special home for up to three years.

Q9. Can a child be sentenced to death?

No. Section 21 prohibits a sentence of death or life imprisonment without the possibility of release.

Q10. Can a child be tried jointly with an adult?

No. Section 23 prohibits joint proceedings with a person who is not a child.

Wrapping up with Aashayein Judiciary

The Juvenile Justice Act is easiest to learn as a journey. Follow the child from apprehension to the final order, and attach a section number and a time limit to each stage.

Nitesh Sir and the Aashayein Judiciary team teach this Act with route maps and problem questions so that you can recall it quickly in the exam hall. Join our Online Judiciary Coaching to get Judiciary Notes, Judiciary Study Material, PYQ discussion and Mock Test practice for the Civil Judge Exam, PCS J Exam and APO Exam.