Introduction: A Specialized Legal Procedure for Juveniles
The Juvenile Justice (Care and Protection of Children) Act, 2015 is India’s comprehensive law for dealing with children who are either in conflict with the law (CCL) or in need of care and protection (CNCP). Unlike regular criminal procedures, this Act provides a child-friendly, rehabilitative, and non-punitive framework.
The procedure under the Act ensures that juveniles are treated with dignity, their rights are protected, and that the ultimate aim is reform, not punishment.
Overview of the Juvenile Justice Process
The procedure under the Juvenile Justice Act, 2015 for children in conflict with the law involves several important stages:
Apprehension of the Juvenile
A child alleged to have committed an offence may be apprehended by the police or any authorized person. The child must be produced before the Juvenile Justice Board (JJB) within 24 hours. During apprehension:
- No handcuffs or force should be used.
- The child should not be kept in a police lock-up.
- Immediate information must be given to the parents or guardians.
Preliminary Assessment (For Heinous Offences)
If the offence is heinous (punishable with more than 7 years), and the child is between 16 to 18 years, the JJB may conduct a preliminary assessment of:
- Mental and physical capacity
- Understanding of the consequences
- Circumstances of the offence
This assessment helps decide whether the juvenile should be tried as an adult in the Children’s Court.
Production Before Juvenile Justice Board (JJB)
The JJB is the statutory authority to handle inquiries involving children in conflict with the law. It comprises a Judicial Magistrate (First Class) and two social workers, one of whom must be a woman.
The JJB performs:
- Initial assessment of the case
- Orders interim care or release
- Directs inquiry and rehabilitation
Social Investigation Report (SIR)
A Probation Officer or Child Welfare Officer prepares a Social Investigation Report about the child’s:
- Family background
- Schooling and habits
- Circumstances of the offence
- Psychological and emotional condition
This report helps the Board determine the most appropriate form of rehabilitation.
Inquiry by the Juvenile Justice Board
The JJB conducts an informal and child-friendly inquiry. The inquiry must be completed within four months. The child has the right to legal aid, and a lawyer may assist. Proceedings are confidential, and the child’s identity is protected.
Dispositional Orders (Final Decision)
Based on the inquiry and reports, the JJB may pass any of the following dispositional orders:
- Allow the child to go home with advice and counseling
- Place the child under the supervision of a Probation Officer
- Send the child to a Special Home for up to three years
- Order community service or group counseling
- Direct rehabilitation measures, such as skill development or therapy
For heinous offences (after assessment), the case may be transferred to the Children’s Court for trial as an adult.
Rehabilitation and Social Reintegration
The law mandates that all children in conflict with law should be given:
- Educational opportunities
- Vocational training
- Counseling and therapy
- Family-based care or supervised reintegration
The goal is to reform and reintegrate rather than detain and punish.
Aftercare Services
Once the child turns 18, aftercare services are provided for up to three years, including:
- Job support
- Financial help
- Temporary housing
- Psychological assistance
These services ensure long-term reintegration into society.
Judicial Oversight and Protection
Courts ensure that:
- Juveniles are treated fairly and humanely
- Procedures are followed as per law
- No child is denied legal or psychological aid
- Institutions maintain minimum care standards
The judiciary also hears appeals, writs, and complaints related to juvenile cases.
Memory Code Table: Juvenile Justice Act Procedure
| Code | Stage | Description |
|---|---|---|
| AP | Apprehension | Child is taken into custody safely and without force |
| PR | Preliminary Assessment | For 16–18 years in heinous offences |
| JB | Juvenile Board | Main inquiry authority, child-friendly setup |
| SI | Social Investigation | Family, background, education, mental state review |
| IN | Inquiry | Informal trial with legal aid and confidentiality |
| DO | Dispositional Orders | Final orders: release, probation, rehab, or trial as adult |
| RE | Rehabilitation | Skill development, education, therapy, reintegration |
| AC | Aftercare | Post-18 support for full reintegration into society |