THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015
An Act to consolidate and amend the law relating to children alleged and found to be in conflict with law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social re-integration, by adopting a child-friendly approach in the adjudication and disposal of matters in the best interest of children and for their rehabilitation through processes provided, and institutions and bodies established, herein under and for matters connected therewith or incidental thereto.
WHEREAS, the provisions of the Constitution confer powers and impose duties, under clause (3) of article 15, clauses (e) and (f) of article 39, article 45 and article 47, on the State to ensure that all the needs of children are met and that their basic human rights are fully protected;
AND WHEREAS, the Government of India has acceded on the 11th December, 1992 to the Convention on the Rights of the Child, adopted by the General Assembly of United Nations, which has prescribed a set of standards to be adhered to by all State parties in securing the best interest of the child;
AND WHEREAS, it is expedient to re-enact the Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000) to make comprehensive provisions for children alleged and found to be in conflict with law and children in need of care and protection, taking into consideration the standards prescribed in the Convention on the Rights of the Child, the United Nations Standard Minimum Rules for the Administration of Juvenile Justice, 1985 (the Beijing Rules), the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (1990), the Hague Convention on Protection of Children and Co-operation in Respect of Inter-country Adoption (1993), and other related international instruments.BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows.
CHAPTER I, PRELIMINARY
1. Short title, extent, commencement and application.
(1) This Act may be called the Juvenile Justice (Care and Protection of Children) Act, 2015.
(2) It extends to the whole of India 1
(3) It shall come into force on such date2 as the Central Government may, by notification in the
Official Gazette, appoint.
(4) Notwithstanding anything contained in any other law for the time being in force, the provisions of
this Act shall apply to all matters concerning children in need of care and protection and children in
conflict with law, including —
(i) apprehension, detention, prosecution, penalty or imprisonment, rehabilitation and social
re-integration of children in conflict with law;
(ii) procedures and decisions or orders relating to rehabilitation, adoption, re-integration, and
restoration of children in need of care and protection.
CHAPTER II, GENERAL PRINCIPLES OF CARE AND PROTECTION OF CHILDREN
3. General principles to be followed in administration of Act.
CHAPTER III, JUVENILE JUSTICE BOARD
4. Juvenile Justice Board.
5. Placement of person, who cease to be a child during process of inquiry.
6. Placement of persons, who committed an offence, when person was below the age of eighteen
7. Procedure in relation to Board.
8. Powers, functions and responsibilities of the Board.
9. Procedure to be followed by a Magistrate who has not been empowered under this Act.
CHAPTER IV, PROCEDURE IN RELATION TO CHILDREN IN CONFLICT WITH LAW
10. Apprehension of child alleged to be in conflict with law.
11. Role of person in whose charge child in conflict with law is placed.
12. Bail to a person who is apparently a child alleged to be in conflict with law.
13. Information to parents, guardian or probation officer.
14. Inquiry by Board regarding child in conflict with law.
15. Preliminary assessment into heinous offences by Board.
16. Review of pendency of inquiry.
17. Orders regarding a child not found to be in conflict with law.
18. Orders regarding child found to be in conflict with law.
19. Powers of Children’s Court.
20. Child attained age of twenty-one years and yet to complete prescribed term of stay in place of
21. Order that may not be passed against a child in conflict with law.
22. Proceeding under
Chapter VIII of the Code of Criminal Procedure not to apply against child.
23. No joint proceedings of child in conflict with law and person not a child.
24. Removal of disqualification on the findings of an offence.
25. Special provision in respect of pending cases.
26. Provision with respect of run away child in conflict with law.
CHAPTER V, CHILD WELFARE COMMITTEE
27. Child Welfare Committee.
28. Procedure in relation to Committee.
29. Powers of Committee.
30. Functions and responsibilities of Committee.
CHAPTER VI, PROCEDURE IN RELATION TO CHILDREN IN NEED OF CARE AND PROTECTION
31. Production before Committee.
32. Mandatory reporting regarding a child found separated from guardian.
33. Offence of non-reporting.
34. Penalty for non-reporting.
35. Surrender of children.
37. Orders passed regarding a child in need of care and protection.
38. Procedure for declaring a child legally free for adoption.
CHAPTER VII, REHABILITATION AND SOCIAL RE-INTEGRATION
39. Process of rehabilitation and social re-integration.
40. Restoration of child in need of care and protection.
41. Registration of child care institutions.
42. Penalty for non-registration of child care institutions.
43. Open shelter.
44. Foster care.
46. After care of children leaving child care institution.
47. Observation homes.
48. Special homes
49. Place of safety.
50. Children’s Home.
51. Fit facility.
52. Fit person.
53. Rehabilitation and re-integration services in institutions registered under this Act and management
54. Inspection of institutions registered under this Act.
55. Evaluation of functioning of structures.
CHAPTER VIII, ADOPTION
57. Eligibility of prospective adoptive parents.
58. Procedure for adoption by Indian prospective adoptive parents living in India.
59. Procedure for inter-country adoption of an orphan or abandoned or surrendered child.
60. Procedure for inter-country relative adoption.
61. Court procedure and penalty against payment in consideration of adoption.
62. Additional procedural requirements and documentation.
63. Effect of adoption.
64. Reporting of adoption.
65. Specialised Adoption Agencies.
66. Adoption of children residing in institutions not registered as adoption agencies.
67. State Adoption Resource Agency.
68. Central Adoption Resource Authority.
69. Steering Committee of Authority.
70. Powers of Authority.
71. Annual Report of Authority.
72. Grants by Central Government.
73. Accounts and audit of Authority.
CHAPTER IX, OTHER OFFENCES AGAINST CHILDREN
74. Prohibition on disclosure of identity of children.
75. Punishment for cruelty to child.
76. Employment of child for begging.
77. Penalty for giving intoxicating liquor or narcotic drug or psychotropic substance to a child
78. Using a child for vending, peddling, carrying, supplying or smuggling any intoxicating liquor,
narcotic drug or psychotropic substance.
79. Exploitation of a child employee.
80. Punitive measures for adoption without following prescribed procedures.
81. Sale and procurement of children for any purpose.
82. Corporal punishment.
83. Use of child by militant groups or other adults.
84. Kidnapping and abduction of child.
85. Offences committed on disabled children.
86. Classification of offences and designated court.
88. Alternative punishment.
89. Offence committed by child under this Chapter.
CHAPTER X, MISCELLANEOUS
90. Attendance of parent or guardian of child.
91. Dispensing with attendance of child.
92. Placement of a child suffering from disease requiring prolonged medical treatment in an approved
93. Transfer of a child who is mentally ill or addicted to alcohol or other drugs.
94. Presumption and determination of age.
95. Transfer of a child to place of residence.
96. Transfer of child between Children’s Homes, or special homes or fit facility or fit person in
different parts of India.
97. Release of a child from an institution.
98. Leave of absence to a child placed in an institution.
99. Reports to be treated as confidential.
100. Protection of action taken in good faith.
103. Procedure in inquiries, appeals and revision proceedings.
104. Power of the Committee or the Board to amend its own orders.
105. Juvenile justice fund.
106. State Child Protection Society and District Child Protection Unit.
107. Child Welfare Police Officer and Special Juvenile Police Unit.
108. Public awareness on provisions of Act.
109. Monitoring of implementation of Act.
110. Power to make rules.
111. Repeal and savings.
112. Power to remove difficulties.