1. THE JUVENILE JUSTICE ACT
CARE AND PROTECTION OF CHILDREN,ACT 2000
DR SUNIL PAL SINGH.C

2. CHILD POPULATION IN INDIA.
 India has the highest
number of children in the
world.
 More than one third of
country’s population is below
18 years
 Approximately 40% of the
population (around 440
million) is children

3. Children everywhere are
vulnerable to abuse and
exploitation by those in positions
of power and trust…

5. LEGAL PROVISIONS
 International covenants
 Covenant for the Rights of the Child (CRC)
 Convention for Elimination of all kinds of
Discrimination Against Women (CEDAW)
 Universal Declaration of Human Rights
 National laws
 Constitution of India
 Indian Penal Code (IPC)
 Immoral Traffic Prevention Act (PITA)
 Juvenile Justice Act (JJA)
 Goa Children’s Act
 Information Technology Act

6. THE APPRENTICES ACT 1850: First law dealing with children
in conflict with law.
REFORMING SCHOOL 1987:children <15 yrs---sentence to
imprisonment or reformatory schools.
MADRAS ACT 1920: Establishment of separate juvenile court
and their residential institution.
-DELINQUE -NEGLECTED
CHILD ACT 1960: Parliament enacted the first legislation
Sex discrimatory definition of body.
Two separate adjudicatory bodies.
Prohibition imprisonment of death….

7.  JUVENILE JUSTICE ACT 1986:
Was renamed and rewritten in 2000 to be called the Juvenile
Justice (Care and Protection of children) Act .

8. THE JUVENILE JUSTICE (CARE AND PROTECTION OF
CHILDREN) AMENDEMENT ACT, 2006
Constitution has, in several provisions, including clause (3) of article
15, clauses (e) and (f) of article 39, articles 45 and 47, impose on the State a
primary responsibility of ensuring that all the needs of children are met
and that their basic human rights are fully protected
General Assembly of the United Nations has adopted the Convention on the
Rights of the Child on the 20th November, 1989
The Convention on the Rights of the Child emphasizes social
reintegration of child victims, to the extent possible, without resorting to
judicial proceedings;
The Government of India has ratified the Convention on the 11th
December, 1992.

9. The Convention on the Right of child lays down
four sets of rights:
•The Right to Survival
•The Right to Protection
•The Right to Development
•The Right to Participation

10. JUVENILE JUSTICE ACT
The Act places children/juveniles in two
categories –
1. Juvenile in ‘conflict with the law’ handled
by State Governments/ ‘Juvenile Boards’
2. Child in need of ‘care and protection’ to be
looked after by State Governments/ ‘Child
Welfare Committees’
Act to be implemented by the respective State
Governments

11. DEFINITIONS.- IN THIS ACT, UNLESS THE CONTEXT
OTHERWISE REQUIRES
Advisory board Observation homes
Begging Special homes
Fit institution
Juvenile
Committe
e
Adoption.
children's home”
competent authority
Guardian

12. Children who need care and protection
 Orphans, abandoned & destitute children
 Missing or run-away children
 Street & working children
 Children of sex workers
 Abused, tortured and exploited children
 Children indulging in substance abuse
 Children affected by HIV/AIDS
 Children affected by natural calamities, emergencies
and man made disasters
 Children with disabilities
 Child beggars
 Children suffering from terminal/incurable disease

13. An Act to consolidate and amend the law relating to
juveniles in conflict with law
•Protection and treatment.
•Child-friendly approach.
•Rehabilitation.
•Institutions established.

14. JUVENILE JUSTICE BOARD :
Appointed by the State Government.
Panel of Metropolitan Magistrate or Judicial Magistrate
of the first class.
Two social workers of whom at least one shall be a
women.
Magistrate to have special knowledge or training in child
psychology or child

15. PROCEDURE, ETC. IN RELATION TO BOARD :
Juvenile in conflict with law to be produced before
JJB/a member of JJB.
when JJB not sitting JJB may act and pass orders
in the absence of any member.
At least two members including Magistrate to be
present at time of final disposal of case Opinion of
majority will prevail.
In absence, opinion of magistrate will prevail.

16. PROCEDURE TO BE FOLLOWED BY A
MAGISTRATE NOT EMPOWERED UNDER THE
ACT :
He shall without any delay record such opinion and forward
the juvenile or the child, and the record of the proceeding to
the competent authority having jurisdiction over the
proceeding.

17. APPREHENSION OF JUVENILE IN CONFLICT WITH
LAW.-
The shall be placed under the charge of the special
juvenile police unit
The State Government may make rules consistent with
this Act,-
To provide for persons through whom ( including
registered voluntary organizations) any juvenile in
conflict with law may be produced before the Board to
provide the manner in which such juvenile may be sent
to an observation home.

18. CONTROL OF CUSTODIAN OVER JUVENILE
Any person in whose charge a juvenile is placed
in pursuance of this Act shall, while the order is in
force have the control over the juvenile as he
would have if he were his parents, and shall be
responsible for his maintenance, and the juvenile
shall continue in his charge for the period stated
by competent authority, notwithstanding that he is
claimed by his parents or any other
person.

19. BAIL OF JUVENILE:-
A Juvenile must be released on bail.
May be released on bail with or without surety.
May not be release on bail only if –
Association with a criminal exposes juvenile to moral,
physical or psychological danger
-Defeats the end of justice
-Not released on bail must be kept in the observation
home/place of safety pending inquiry

20. INFORMATION TO PARENT, GUARDIAN OR
PROBATION OFFICER:-
The parent or guardian of the juvenile.
Direct him to be present at the Board before which the
juvenile will appear.
Information regarding the antecedents and family
background of the juvenile.

21. INQUIRY BY BOARD REGARDING JUVENILE.-
Inquiry to be completed within 4 months

22. ORDER THAT MAY BE PASSED REGARDING
JUVENILE.-
Counsel parents/ guardian;
Advise the child to :
Group counseling and similar activities Perform community
service.
Payment of fine, (>14 yrs age)
Release on probation of good conduct, and place under care of
parent/ guardian or other fit person or fit institution.
Direct the juvenile to be sent to a Special Home

23. ORDER THAT MAY NOT BE PASSED AGAINST
JUVENILE
A Juvenile Cannot be sentenced to
death/life imprisonment/committed to prison.
Cannot be charged with/tried for offence with an
adult.
JJB cannot pass orders seeking security for good
behavior, etc

24. NO JOINT PROCEEDING OF JUVENILE AND PERSON NOT A
JUVENILE.
REMOVAL OF DISQUALIFICATION ATTACHING TO
CONVICTION.
PROHIBITION OF PUBLICATION OF NAME, ETC., OF
JUVENILE INVOLVED IN ANY PROCEEDING UNDER THE ACT.-
SPECIAL PROVISION IN RESPECT OF PENDING CASES.-
PUNISHMENT FOR CRUELTY TO JUVENILE OR CHILD.-
PROVISION IN RESPECT OF ESCAPED JUVENILE.-
.EMPLOYMENT OF JUVENILE OR CHILD FOR BEGGING.-

25. PENALTY FOR GIVING INTOXICATING LIQUOR OR NARCOTIC
DRUG OR PSYCHOTROPIC SUBSTANCE TO JUVENILE OR
CHILD.-
EXPLOITATION OF JUVENILE OR CHILD
EMPLOYEE.-
SPECIAL OFFENCES.-
The offences punishable under sections 23, 24, 25 and 26 shall
be cognizable
ALTERNATIVE PUNISHMENT

26. CHILD IN NEED OF CARE AND PROTECTION
... are children who are neglected,
abused, abandoned and victim of any
armed conflict or natural calamities

27. CHILD WELFARE COMMITTEE
Appointed by State Govt. to deal with matters related to children is
need care & protection Consists of 5 members including
chairperson.
1 of 4 members to be a women and another expert of matters
concerning children.
To function as a bench of magistrates and to have power
conferred by CrPC on a metropolition magistrate or a judicial
Magistrate first class megistrate.

28. PROCEDURE, ETC., IN RELATION TO
COMMITTEE:
A child in need of care & protection to be produced before
CWC/a member, when CWC not sitting.
Opinion of majority to prevail in case of difference of opinion.
In absence of majority opinion of chairperson will prevail.
CWC may act and pass orders in absence of any member.

29. POWERS OF COMMITTEE
Final authority to dispose of cases for the care, protection,
treatment, development and rehabilitation of the children as well
as to provide for their basic needs and protection of

30. INQUIRY
CWC/any police officer/SPJU/designated police officer
to hold inquiry CWC may pass an order to send the
child to the children’s home for speedy inquiry by a
social workers/child welfare officer.
Inquiry to be completed within 4 months of the
receipt of the order.

31. CHILDREN’S HOME
INSPECTION
SOCIAL AUDITING
SHELTER HOMES
TRANSFER
RESTORATION
(a) Parents; (b) Adopted parents; (c)
Foster parents

32. Rehabilitation and Social
Reintegration
(I) Adoption
(ii)Foster care
(iii)Sponsorship
(iv)Sending the child to an aftercare
organization.

33. MISCELLANEOUS

34. Attendance of parent or guardian of juvenile or child.-
Dispensing with attendance of juvenile or child.-
Committal to approved place of juvenile or child suffering from
dangerous diseases and his future disposal
Presumption and determination of age
Sending a juvenile or child outside jurisdiction.-
Reports to be treated as confidential.-

35. At present, 9 Observation Homes for Boys are functioning at Hyderabad, Warangal,
Vijayawada, Rajahmundry, Kurnool, Tirupathi, Guntakal, Visakhapatnam and
Nizamabad and one Home for Girls at Hyderabad
There are 4 Juvenile Homes for Boys functioning in Hyderabad, Eluru, Visakhapatnam
and Cuddapah
There is one Special Home for Boys at Hyderabad for reception of delinquent juveniles
committed by courts