JUVENILE JUSTICE

(CARE AND PROTECTION OF

CHILDREN) ACT, 2015
Children are assets of the nation.

Today’s children are citizens of tomorrow, they need more than the basic
needs - food, clothing, shelter. Dignity, Education, Care, Love, Safety,
Environment that nurtures and helps them grow.

Justice V. R. Krishna Iyer - “A child is born innocent and if nourished with

tender care and attention, he or she will blossom with faculties physical,
mental, moral and spiritual, into a person of stature and excellence. On the
other hand, noxious surroundings, neglect of basic needs, bad company
and other abuses and temptations would spoil the child and likely to turn
him a delinquent”.
 Juvenile Justice Act, 2015 (i) apprehension, detention,
Came into force on 15th prosecution, penalty or
January 2016. imprisonment, rehabilitation and
social reintegration of children in
 Extends to whole of India
conflict with law;
 Special law that covers 2 (13) “child in conflict with
‘substantive’ as well as law” means a child who is
‘procedural’ provisions. alleged or found to have
committed an offence and who
 apply to all matters concerning
has not completed eighteen
children in need of care and
years of age on the date of
protection and children in
conflict with law, including — commission of such offence.
(ii) procedures and decisions or orders relating to rehabilitation, adoption,
re-integration, and restoration of children in need of care and
protection.
2 (14) “child in need of care and protection” means a child—
(i) who is found without any home and ostensible means of subsistence; or
(ii) Working in contravention of labour laws or is found begging, or living on the street; or

(iii) Residing with a person (guardian or any other person) who

- Injures, exploits, abuses or neglects the child,
- Threatens to kill, injure, exploit or abuse the child and is likely to cause
harm,
- has harmed to other children and is likely to cause harm to child in
question; or
(iv) who is mentally ill or mentally or physically challenged or suffering from
terminal or incurable disease, having no one to support or look after or having
parents or guardians unfit to take care, if found so by the Board or the
Committee; or
(v) Whose parent or guardian is found to be unfit or incapacitated, by the
Committee or the Board, to care for and protect the safety and well-being of
the child; or
(vi) who does not have parents and no one is willing to take care of, or whose
parents have abandoned or surrendered him; or
(vii) who is missing or run away child, or whose parents cannot be found after
making reasonable inquiry in such manner as may be prescribed; or
(viii) who has been or is being or is likely to be abused, tortured or exploited for
the purpose of sexual abuse or illegal acts; or
(ix) who is vulnerable and is likely to be inducted into drug abuse or trafficking; or
(x) abused for unconscionable gains; or
(xi) who is victim of or affected by any armed conflict, civil unrest or natural
calamity; or
(xii) who is at imminent risk of marriage before attaining the age of marriage and
whose parents, family members, guardian and any other persons are likely to be
responsible for solemnisation of such marriage;
General Principles under the JJ Act, 2015

■ Presumption of innocence ■ Non-waiver of rights of child

■ To treat with dignity and worth
■ Equality and non-discrimination
■ To allow participation
■ Privacy and confidentiality
■ Best interest of the child
■ Institutionalisation as last option
■ Family responsibility
■ Restoration
■ Ensure safety
■ Right to fresh start
■ Positive measures
■ Principle of diversion
■ Not to use stigmatizing words
■ Principle of Natural Justice
Criminal Justice System: Law Enforcement Agency, Judiciary, Correction
System and Criminal Laws dealing with criminals and victims. (Punitive)

Juvenile Justice System: Juvenile Justice Board, Child in conflict with law,
Child Welfare Police Officer, Child care institutions. (Reformative)

- Prevalent in Ancient India.

- General Exception under the Indian Penal Code, Bharatiya Nyaya Sanhita
regarding ‘child’.

- Sheela Barse v. Union of India 1986 SCR (3) 443 – the need of speedy
trial for ‘Juvenile’.
 JUVENILE JUSTICE BOARD (Sec 4 to 8)
 The State Government shall constitute one or more Board for each district.

 Members: appointed by the State Government one Judicial and two non-judicial
members.
A Metropolitan Magistrate or Judicial Magistrate First Class (Principal
Magistrate)
o With at least 3 years experience

Two Social Workers - (one shall be a Woman)

o actively involved in child health, education, or welfare activities at least 7 years OR
o a practicing professional with a degree in child psychology, psychiatry, sociology or
law.
 The three members form a Bench and shall be conferred with the Powers of Metropolitan
Magistrate or JMFC under the Bharatiya Nagarik Suraksha Sanhita, 2023. They shall
undergo sensitization training within 60 days of their appointment.
 Who cannot be a member of the Board? INELIGIBILITY
 Violated any human rights or child rights,
 Convicted for an offence of moral turpitude, conviction not reversed or
no pardon granted.
 Removal from service of Government or any undertaking,
 Indulged in Child abuse or Child labour or an immoral act.

TERMINATION of member other than Magistrate, State Govt. to hold inquiry

• Misuse of power vested under the Act
• Failure to attend the Proceedings of Board consecutively for three
months without any valid reason
• Attends less than 3/4th of sittings in a years
• Becomes ineligible during the term.
Procedure of the Juvenile Justice Board (Board):

 The Board conducts INQUIRY.

 During inquiry, if the child completes 18 years of age, then Board may continue
inquiry and pass orders as ‘if he continues to be a Child’.
 A person apprehended for committing offence while he was underage: ‘be
treated as Child’ – be kept in Place of safety if not released on Bail.
 Two members including the Principal Magistrate must be present at the final
disposal of the case.
 Order be passed as per majority opinion but if there is no majority then opinion
of Principal Magistrate shall prevail.
 Validity of order passed by Principal Magistrate alone? State of Sikkim v. Divya
Biswakarma (2014)
 FUNCTIONS AND RESPONSIBILITIES OF THE BOARD:
 To deal with the proceedings in relation to Child in conflict with Law in the
area of its jurisdiction.
 Similar power to the High Court and Children’s Court during appeal or
revision.
1) The Board to ensure informed participation of the child and the parent
or guardian,
2) Protection of Child’s rights at each stage of the Process
3) Availability of Legal Aid through Legal Services Authority
4) Provide Interpreter/ Translator to the child if he fails to understand
5) Direction to produce Social Investigation Report within 15 days of the
child produced.
6) Adjudicate and dispose case

7) Transfer matter to Child Welfare Committee if child needs care.

8) Monthly inspection of residential facilities, to recommend quality

improvement to District Child Protection Unit and State Government
9) If a complaint is received offences committed against any child in conflict
with law, order the police to register an FIR
Similarly, if an offence is committed against a Child in need of Care and
protection, if the Child Welfare Committee gives written complaint.
10) Regular inspection of jails; take measures to transfer the child to the
observation home.
 PROCEDURE OF CHILD IN CONFLICT WITH LAW

 If the Child is found to commit an offence or is alleged of, once apprehended he be

put under the charge of Special Juvenile Police Unit (Section 107) or a Child Welfare
Police Officer (a trained Police not below the rank of Asst. Sub Inspector).
 During custody of Police, he be kept in child-friendly atmosphere, and not in a Lock-
up, no use of hand-cuffs. Police verify the age of child or person who claims to be a
child with the help of documents/ proofs. Inform the parents to be present at the
Board directly.
 Offence alleged - to be entered in General Police Diary. FIR & Charge sheet in case
offence is punishable beyond 7 years.
 Person in-charge responsible for maintenance of child – like a child’s parent.
 Without any loss of time – within 24 hours the child be produced before the Board.
Bail Provisions under the Juvenile Justice: (Section 12)

• Meaning of Bail.
• Bailable offence – Police can grant bail
• Non-bailable offence – the discretion of the Court to grant bail.

 Grant of bail to the child is the ‘RULE’ Gravity of offence is no ground to deny bail
unless there are exceptions:
1) The child come in association with known criminals,
• Prahlad Gaur v. State of U.P. (2009) – past records show ‘continuous association with
the criminals’.

2) Expose to moral, psychological and physical danger.

• The Crime is outrageous – threat of Public attack,
• Anish Ansari v. State of Jharkhand (2010) – brutality shown by the minor accused in
gang-rape of a minor.
3) Release would defeat the ends of Justice.
• The term ‘justice’ is subjective.
• Victim is a child and particularly if the offence is heinous,
• ‘Prima facie case’
• Mohd. Navi v. State of U.P. (2011) – Minor kills an 18 years old person on being
instigated by his father, no value for human life.
• https://
www.indiatoday.in/amp/law/story/supreme-court-refuses-bail-to-uttarakhand-boy-who
-made-obscene-videos-of-minor-girl-2542529-2024-05-22

• Reasonable grounds to believe that the ground to reject bail exists.

• Sanjay Kumar v. State of U.P. (2003) – The grounds to deny bail must be based on
evidence on record and not mere guess-work.

No bail – the Child be placed in Observation Home.

Modification of Bail Order – fails to fulfil bail condition within 7 days of order.
Social Investigation Report (Section 13)

• The Probation Officer/ Child Welfare Officer to prepare Social Investigation

Report within 2 weeks of child being produced.
• ‘Sine quo non’ step prior to the proceedings.
• How Social factors play a critical role in child’s delinquent behaviour?
• Dharmaraj v. State of U.P. (2018) – Bail denied on the basis of Report.
• Aim: to identify requirements of child, mental and physical disorders,
upbringing, education level, social and economic surroundings.
• https://mphc.gov.in/jjc/jj-forms Example of Social Investigation Report
• Flaws in the report – inaccuracy, biasness.
Categories of offences

 Petty offences – maximum punishment up to 3 years.

 Serious Offences – Earlier it was Imprisonment between 3 years to 7
years
Amendment of 2021, this category now includes
i. Minimum 3 years and not exceeding 7 years imprisonment
ii. Maximum imprisonment of more than 7 years
• But no minimum punishment prescribed OR
• Minimum punishment is less than 7 years.
 Heinous Offences – Minimum punishment is 7 years or more.
 Duration of Inquiry – 4 months from the date of production of child
before the Board.
 The time may extended by 2 months – with reasons to recorded.
 If inquiry of Petty offence remains inconclusive even in the extended
period then the inquiry be ‘terminated’.
 For Serious and Heinous Offences, extension of time to be granted by
the Chief Judicial Magistrate or the Chief Metropolitan Magistrate of
that jurisdiction. (with reasons to be recorded).
 Measures to be taken by the Board to ensure fair and speedy inquiry.
Petty Offences – Inquiry to take place as per ‘Summary Proceedings’
manner given under the Criminal Procedure Code/ BNSS.

Serious Offences – Inquiry to be conducted as per ‘Trial in Summons’

procedure.

Heinous Offences:
 Preliminary Assessment to be conducted within 3 months of the child
being produced before the Court.
 Child who has completed 16 years of age and above.
 Check:
 mental and physical capacity to commit the offence,
 Whether the child understands the consequences of the offence,
 Circumstances under which the child commits the offence.
 Assistance of experienced Psychologists or Psycho-socio workers and
other experts.
 The Board may rely on the report of the Psychologist.
 Preliminary Assessment - Not a trial, it is an evaluation of the child to find
out his capacity and understanding.
 It is a scientific tool to know the child properly. It is “a barrier against the
real culprit – (a 16 years old who alone raped and killed victim)” as well as
“a safeguard for the immature child” (a child accompanied his father who
kills a person – however a case of murder is filed against both – father
and son). After Preliminary Assessment, the Board may decide either to
• Dispose of the matter itself (the Board will conduct this case) OR
• There is need for trial of a child as an adult, transfer case to the
Children’s Court.
Powers of the Children’s Court (Section 19)

 Court of Session: Fair Trial, child friendly atmosphere, attention to the special
needs of the Child.
 It may decide to take trial of child as an Adult, pass an appropriate order. ( No
death or ‘imprisonment for life without any chance of release’.)
OR
To hold that there is no need of trial as a Child, hold inquiry similar to the
Board and pass an appropriate order.
 Final order to include individual care plan to rehabilitate the child, follow-up by
the Probation Officer/ Social worker.
 The convicted child be kept in Place of Safety till he attains 21 years of age,
thereafter be transferred to Jail. E.g. a 17 year old child (tried as an adult) is
awarded 10 years term of imprisonment for heinous offence.
 In case, the child in conflict with law, attains 21 years of age and is yet to
complete his term; then the Children’s Court may evaluate if the child is
reformed and can contribute to the Society, then decide –
• To release the child on conditions e.g. Monitor him for remaining term.
• No reform, then transfer him to complete the term in Jail.

 On Inquiry the Juvenile Justice Board may for petty and serious offences
or a child (below 16 age) committing heinous offences may pass an
ORDER – on basis of:
 Nature of offence,
 Result of the inquiry,
 Need of supervision/ intervention,
 Circumstances brought forth by the Social Investigation Report,
 Past conduct of the Child.
Orders under Section 18:
o Advice and admonition, counselling to the child and parents,
o Group counselling and similar activities,
o Community service,
o Payment of Fine by child if working or the parents/ guardian,
o Release child on Probation of good conduct under care of Parent/ Guardian/ Fit
person, who shall execute bond (with or without surety) for a period not exceeding
3 years,
o Release child on probation of good conduct under care and supervision of fit facility
for a period not exceeding 3 years,
o Send the child to Special Home for a term not exceeding 3 years.

In addition, The Board may order the Child to attend School, vocational training,
therapeutic centre, prohibition order, de-addiction programme. https://
timesofindia.indiatimes.com/city/mumbai/mumbai-dongri-childrens-home-gets-de-addic
tion-centre/articleshow/100044149.cms
Runaway Child in conflict with law (Section 26)

• The Police may take charge of this child who ran from the Fit facility or
Person assigned.
• Produce this child within 24 hours before the Board.
• The Board to ascertain the reasons, pass appropriate orders – send the child
back to that Institution/ person or other similar place or person.
• Additional directions to be passed in the best interests of the child.
• No additional proceedings to be conducted against the runaway child.
Appeals (Section 101)
• An person aggrieved by the Board’s Order may appeal to the Children’s Court
within 30 days. Further, the person may appeal to the High Court.
• The Court of Sessions/ District Magistrate may entertain an appeal after
expiry of 30 days period, if satisfied that appellant was prevented from filing,
due to sufficient cause, To decide within 30 days.
• No appeal – in case the Board acquits, except ‘the child who completed 16
years and above and has committed heinous crime’.
• In case of an order passed by Board after doing a preliminary assessment of
a child for heinous offence, appeal shall lie before the Sessions Court.
Sessions Court may take assistance of expert psychologists (other than the
ones who assisted the Court.
• No second appeal shall lie over the order passed by the Sessions Court in
appeal.
Principle of Fresh Start (Section 24)

 A child convicted under the Act shall not suffer ‘disqualification’.

 Records of conviction to be destroyed after the expiry of period to appeal or
any prescribed reasonable period.
 This provision shall not apply to the child is tried as an adult for a heinous
offence. Records this child to be retained by the Children’s Court.
Presumption and determination of age (Section 94)
Age determination in Juvenile Justice system has become a significant stage due to the
categorization of offences on the basis of age. Age must be determined at the initial stage
of proceedings, if accused appears to be a juvenile - Kazem Sk. v. State of W. B. (2008)
 Based on appearance – The Board shall record the approx. age of the child and
proceed with the inquiry.
 Based on Documents – In case of reasonable doubt, take age determination process by
seeking evidence
• Date of Birth Certificate from School, Matriculation or equivalent certificate;
in absence thereof
• Birth Certificate given by Municipality or Panchayat.
Documentary evidence is the primary evidence under the Evidence Act.

In Re, Md. Aftab Alam (2018) – The Court holding inquiry to first consider Matriculation
Certificate, in absence – School leaving certificate which accused first attended. Only in
absence of these documents the Court may rely on Ossification Report.
 Only in absence of the above, age to be determined by an Ossification test or any latest
medical age determination test. The test to be conducted within 15 days the Board’s order.
The Medical Report are experts opinion under the Evidence Law and therefore not binding on
the Courts.
Other tests to determine age:
- Wisdom teeth test in USA,
- Epigenetic clock test
Until better techniques are adopted, the Courts must look into ‘State of mind’ and criminal
maturity.

Subham v. State of M. P. (2018) – Matriculate certificate clearly shows accused is below 18

years of age, no need of Ossification test.

In Nirbhaya’s Case, the age of minor accused was 17 years and 6 months as per his birth
certificate. The Court rejected Police request to conduct ossification test.

Parag Bhati (Juvenile) through Legal Guardian (2016) – Date of Birth mentioned on
Matriculation Certificate and various School certificate is doubtful. The Court resorted to
Ossification test – accused held juvenile on the basis of medical test.
Dalip Kumar v. State of Rajasthan (2013) – if person does not produce valid documents
showing proof of age then the Court may see medical opinion of duly constituted medical
board. The Court relied on Medical Report stating that accused was of 19-20 years of
age at the time of offence.

 The age recorded by Board be deemed to be the true age of that person.

Claim of Juvenility may be raised before any Court, at any stage even after the final
disposal of the case – Abdul Razzaq v. State of U.P. (2015)

Narayan Chetanram Chaudary (Niranaram) v. State of Maharashtra (2023) – Released after 28

years of being on death row, on the basis of claim of juvenility – Date of birth certificate issued
by the School.

Narayan Sharma v. State of M.P. (2012) – NO formula to determine age, the date of birth is to
be determined on the basis of material record & evidence brought before; Medical evidence
though very guiding factor – not conclusive, it has to be considered with other cogent evidence.
CHILD WELFARE COMMITTEE (Section 27)
 State Government shall constitute one or more CWC in relation to children in
need of care and protection.
 Members: A Chairperson and 4 other members – one shall be woman and an
expert in matters of children.
 To undergo training within 60 days from date of notification.
 Eligibility: actively involved in health, education or welfare activities for
children atleast 7 years OR practising professional of Law, child psychology,
sociology, social work, psychiatry, human development.
 Term: appointed for not more than 3 years.
 Vested with powers of Metropolitan Magistrate or JMFC.
 Termination reasons: misuse of power, offence involving moral turpitude,
failure to attend required no. of proceedings and sittings.
Power and Procedure of CWC:
 Members to meet at least 20 days in a month.
 To visit and check the functioning of a child care institution and well-being of
the children amounts to sitting of the Committee.
 A child in need of care and protection may be produced before an individual
member of the Committee, when the Committee is not in session.
 The opinion of majority shall prevail at the time of taking decision,
when there is no majority – ‘opinion of Chairperson’ shall prevail.
 Atleast 3 members to be present at the time of final disposal of case (to pass
final order).
 The Committee has the authority to dispose of cases of care, protection,
treatment, development and rehabilitation of the child.
Functions of Child Welfare Committee:

 Take cognizance of and receive the children produced before it.

 Conduct inquiry regarding safety issues of children under Act
 Direct Probation/ Child Welfare Officers to prepare Social Investigation
Report.
 Conduct inquiry to declare fit persons
 Place child in foster care
 To pass necessary directions in regards to children.
 Select registered institutions to cater each child’s needs and differences.
 Certify execution of surrender deed.
 Declare certain children legally free for adoption.
 Take suo moto cognizance of cases – at least 3 members decide.
 Deal with child in conflict with law who also appear to be child in need of
care and protection.
 Rehabilitation of sexually abused children
 Coordinate with other agencies.
 Conduct inquiry and direct the Police or District Child Protection Unit/
Child line Services/ Labour Department in case of abuse of any child in
any Child care institutions.
 Legal services for children.
 Other responsibilities.
Section 31: A child in need of Care and Protection may be produced before the
Committee within 24 hours excluding time taken for the journey by any of the
following:
- Police Officer, Special Juvenile Police Unit, any officer of District Child
Protection Unit, Inspector under Labour Law
- Any Public Servant,
- Childline Services, NGO or recognised agencies
- Child Welfare Officer or Probation Officer
- Any social worker or a public spirited person
- The child himself
- Any nurse, doctor, management of Nursing, Maternity home or hospital.

e.g. Childline India Foundation operates 1098 - to inform about ‘child in

distress’, supported by Ministry of Women and Child Development.
Section 32: Mandatory reporting of child found separated from guardian
Any individual, Police officer, person from an organisation, nursing home,
hospital, maternity home, who finds and takes charge or is handed over a child
who appears or claims to be
- an orphan without family support
- Abandoned or lost.
Shall within 24 hours ‘give information’ to the Childline services or nearest
Police Station, Child Welfare Committee, District Child Protection Unit or hand
over the child to a registered Childcare Institution.

Any person who does not report within the specified time, commits an offence
and shall be liable to imprisonment upto 6 months/ fine of 10,000/- or both.
 Section 35: Surrender of Children
- A parent or guardian – for emotional, physical and social factors beyond
their control wants to surrender their child shall produce it before the
Committee
- After process of Inquiry and counselling, the parent/ guardian shall execute
a Surrender Deed before the Committee.
- 2 months time given to the Parents to reconsider their decision.
- After inquiry and before the reconsideration period ends, the Committee
shall allow the child to be with parents under supervision or
place the child – Specialised Adoption Agency if below 6
years age or in Children’s Home if above 6 years age.
Inquiry held by Child Welfare Committee

• On production of child, The Committee may pass an order to send the child to
Children’s Home or Fit facility. If the child is below 6 years and orphan,
surrended or abandoned - be placed in Adoption Agency.
• Order Social worker/ Child Welfare Officer/ Child Welfare Police Officer to
social investigation – within 15 days. To pass order with four months of first
production of child.
• The Committee satisfied through the inquiry, Social Investigation Report,
Child’s wishes (if sufficiently mature) pass the following orders:
 Declare him to be ‘child in need of care and protection’
 Restore child to parents/ guardian/ family with or without supervision of Child
Welfare Officer or Social Worker.
Only if the Committee is of the opinion that the child has family or support or is in
need of care and protection, then it may send child to Specialised Adoption
Agency if child is below 6 years or to a Childcare Institution if child is above 6
years – till means of rehabilitation are found or till he attains 18 years of age.
(The Committee shall review the situation of child after placing him in institution.)
 Place the child with fit person for long term or temporary care
 Foster care order
 Sponsorship order
 Directions to the Childcare institution or fit person regarding care,
rehabilitation and necessary services to the child.
 Declare child to be legally free for Adoption.
The Committee can also pass order regarding: Fit person for foster care, after
care support.
Section 38: Procedure to declare child legally free for adoption.
 Trace the parents/ guardian of child orphan or abandoned, if in inquiry it is
established that the child is an orphan – no one to take care or abandoned,
The Committee shall declare him to be legally free for adoption;
Within 2 months – for child upto 2 years of age,
Within 4 months – for child above 2 years of age.
 No FIR against the biological parent in the process of inquiry of abandoned
or surrended child.
 A child of mentally retarded parents or victim of sexual assault may be
declared free for adoption as per the procedure.
 The decision is to be taken by at least 3 members of the Committee.
 Section 40 – The prime objective of the Children’s Home, Specialized Adoption
Agency, Open Shelter is to restore the child back to his family environment, after
determining the suitability of the parents/ guardian/ fit person.

 Section 41 – Registration of Childcare Institutions

- Whether run by the Government or NGO,
- Whether or not they receive Grants from the Central Government, the childcare
institutions must be registered. The State Government shall check & record ‘capacity’,
‘purpose of the Institution’, may grant provisional registration of 6 months. The State
may cancel registration in case the institution fails to fulfil the conditions.
- Application for registration to be disposed of within 6 months. Registration is valid for 5
years, renewal after 5 years.
- The Institution is duty bound to admit children subject to their capacity.

- Penalty: the person in charge of an Institution, who fails to comply with ‘Section 41’
shall be punished with Imprisonment up to 1 year, fine exceeding 1 Lakh or both. Delay
to comply with provisions ‘exceeding every 30 days’ shall be considered as a new
offence.
Childcare Institutions/ Facilities under the Juvenile Justice Act

Sectio Childcare Purpose of Institution

n Institution
43 Open Shelter Facility for child in need of residential support on short-term
basis, living on streets/ homeless.
44 Foster care The Child in need of care to be placed in an unrelated family.
The family is selected on basis of ability, previous
experience of taking care of child, capacity.
45 Sponsorship Supplementary support to meet educational, medical,
nutritional needs of the child, given to certain Parent,
Children Homes and Special Homes.
46 After care Financial and other support given to child who completes 18
years age and told to leave the Childcare institution.
47 Observation Home To keep child in conflict with law during the pendency of
Inquiry, for temporary period.
48 Special Home To rehabilitate/ reform child found guilty of an offence and
who is placed as per order under Section 18 of the JJ Act.
Sectio Childcare Purpose
n Institution
49 Place of Safety To place a person, who was below 18 while he committed an
offence but ‘treated as a Child’ for inquiry purpose.
To place a child who is between 16 to 18 years of age,
accused or convicted for committing a heinous offence.
50 Children’s Home To place a ‘child in need of care and protection’ for their care,
education, training, development and rehabilitation.
51 Fit facility The Juvenile Justice Board or Child Welfare Committee shall
recognize a facility run by Government or NGO to be fit
(capacity/ ability) to take care and responsibility of child.
52 Fit person The Board or the Committee shall recognize a person to be
fit to temporarily receive a child for care, protection and
treatment of Child.

Section 53: Types of Rehabilitation and reintegration services to be provided by

the registered Childcare Institutions, every institution to have a Management
Committee to manage institute and monitor every child.
 Section 54: Mandatory inspection of childcare institutions
- The State Government shall appoint inspection committee, this committee
shall mandatorily visit CCIs at least once in 3 months.
- Inspection team to consist of not less than 3 members, one shall be woman,
one shall be a medical officer.
- They shall submit visit reports to the District Child Protection Unit or the State.
Appropriate action to taken within one month of submission of this report by
the respective Institution, send the compliance report to the State.
 The children shall be segregated on the basis of age, gender, physical &
mental status and nature of offence when placed in any Childcare institution.
 Siblings must be kept together unless not in best interest of the child.
ADOPTION means the process through which the adopted child is permanently separated
from his biological parents and becomes the lawful child of his adoptive parents with all the
rights, privileges and responsibilities that are attached to a biological child. Section 2(2) of JJ
Act, 2015.
It is a creation of a parent-child relationship between persons who are not so related by Birth.

- In-country Adoption v. Inter-country Adoption

- ‘Legality of Adoption’ in different religions in India

- In Re Rasiklal Chhaganlal Mehta (1981) – The Gujarat High Court observed that in the name
of adoption, there is an international racket – no one to monitor adoption process – child
compelled to become prostitute, slaves – billion dollar market.

- Lakshmikant Pandey v. Union of India AIR 1984 SC 469 – Absence of law to regulate inter-
country adoption could cause incalculable harm – the primary object of adoption must be
welfare of the child.
Provisions of Adoption under the JJ Act, 2015
 To ensure Right to family for the orphan, abandoned and surrended child.
 Adoption of child from one relative to another relative (irrespective of religion).
 Nothing in the Act shall apply to adoption done under Hindu Adoption and Maintenance Act,
1956.
 All inter-country adoptions shall be done as per the provisions of the Act and regulations
framed by the Authority.
 A person who takes or sends a child to a foreign country; or due an arrangement to transfer
care and custody of a child to other person in abroad – without valid Court order shall be
punished as per provisions of Section 80.
CARA: Central Adoption Resource Authority – referred to as “Authority” throughout the Act,
https://cara.wcd.gov.in/about/about_cara.html Section 68 and 70.
SARA: State Adoption Resource Authority – deals with adoption & related matters in the State
https://carings.wcd.gov.in/parents/Sara_Detail_Online.aspx Section 67
AFAA: Authorised Foreign Adoption Agency – https://cara.wcd.gov.in/Stakeholders/AFAA.html
Eligibility of prospective adoptive parents: Physically fit, financially sound, mentally alert and
highly motivated to adopt child, provide good upbringing.
- In case of a couple, Consent of both is necessary.
- A single or divorced person can adopt as per regulations framed by Authority.
- A single male child not eligible to adopt girl.

Adoption by Indian prospective parents living in India: Procedure

• Prospective parents (any religion) may apply to Specialised Adoption Agency.
• The agency shall prepare home study report of the applicants.
• Upon finding them eligible, refer child to them along with child study report and medical report
of the Child.
• The parents to accept the referred child by signing the Child study and medical report.
• Upon acceptance, the Agency may give the child for pre-adoption foster care. And file an
application in the Court to obtain adoption order.
• On receipt of court order, the Agency shall send immediately to the Parents.
The progress and wellbeing of the child to be followed.

Can adoption once done be annulled? No, https://

www.ndtv.com/india-news/would-like-to-return-child-adoptive-parents-to-court-on-boys-bad-habits
-4996899
Inter-country Adoption: Within 60 days of child being declared legally free for
adoption, an orphan, abandoned, surrended child cannot be adopted by Indian or NRI
then such child shall be free for intercountry adoption.
Preference given to children with physical and mental disability, siblings, children above
5 years of age.
Priority given to NRI, Overseas Citizens India or Person of Indian Origin in inter-country
adoption.
Procedure to be followed by NRI, Overseas citizen, Person of Indian Origin or a
Foreigner:
- Apply to AFAA or Central Authority/ concerned Government department of this
country. This Authority shall prepare a home study report.
- Upon finding applicants eligible, sponsor their application to CARA.
- On receipt of application, if found suitable the Authority shall refer it to Adoption
Agency.
- The Adoption agency shall match a child (criteria given by parents), send the child’s
study report and medical report to such parents.
- The parents need to accept the child referred to them, sign the child study report and
medical report.
- On acceptance, the Adoption Agency shall file an application to the Court to obtain
an adoption order.
- Upon receiving Court order, the Adoption agency shall send it the CARA, State
Agency and obtain for the Child’s passport.
- The CARA shall inform the immigration authority of India and receiving country of the
Child.
- The child shall be given to the prospective parents as soon as the visa and passport
are issued to the child.
- The AFAA and Central Authority of this country shall ensure submission of progress
reports about child, will make alternative arrangements in case of disruptions in
consultation with the Indian Authorities.
 A foreigner, PIO or OCI, having habitual residence in India may apply to Authority for
adoption, NOC from diplomatic mission of his country in India.
Procedure for inter-country relative adoption:
- A relative living in abroad who wants to adopt child of his relative in India shall obtain
a Court Order and apply for NOC from Authority, as per regulations.
- The Authority shall on receipt of Court order, application from either biological parent/
adoptive parents, issue NOC, while informing the Immigration authority of India and
receiving country of the child.
- The adoptive parents after receiving the child, shall facilitate contact of adopted child
with his siblings and biological parents from time to time.
 The Specialised adoption agency shall dispose of the application of prospective
parents within 4 months. - Section 62 (2)
 The Court shall issue Adoption order only after it satisfies that the adoption is for the
welfare of the child, as per wishes of the child – age and understanding, NO
CONSIDERATION received or paid or agreed to give/ receive by the prospective
parents, adoption agency, parent/ guardian of the child; except the permitted
adoption fees, service charge or child care corpus.
 The adoption proceedings – in camera and disposal of case within 2 months from the date
of filing.
 The AFAA and the State Agency shall track the progress of adoption case and intervene
whenever necessary, so as to ensure timeline is followed.
 Effect of adoption (Section 63): The child in respect of whom adoption order is passed –
treated as if child is born to the adopted parents – for all purposes including intestacy. All
ties of the child with his family by birth stands severed and replaced by the adoptive family.
The property vested in child before the Adoption order shall continue to vest with
obligations.
 Specialised Adoption Agency (Section 64): The State Government recognises institutions in
each district, inspects this Agency atleast once in a year.
In case Specialised Adoption Agency defaults in taking necessary steps as per Act &
Regulations for getting orphan, abandoned/ surrended child declared to be free for adoption,
obtaining adoption order then it be punished with fine upto 50,000. In case of repeat default –
withdrawal of recognition. https://cara.wcd.gov.in/Stakeholders/India_map.html
 Institution Not registered as adoption agencies (Section 66)
 Offences against Children Chapter IX
 Prohibition on disclosure of identity of children (Section 74)
 Cruelty to child (Section 75)
- Parents Abandoning the child
- Person employed in organisation entrusted to care and protect of child (School Master
giving physical punishment to the child – duck walk which endangers child’s life)
- Cruelty results in physical incapacitation, mental illness or unfit to perform regular tasks
or risk to life.
 Using child for begging (Section 76)
- Amputate or maim a child; Abetment

 Giving liquor, drugs, tobacco to child (Section 77) (Restaurants serving liquor without
asking for age proof)
 Using child to sale, supply liquor or drugs. (Section 78)
 Exploit a child employee (Section 79)
 Adoption without following prescribed procedure (Section 80)
- If offence is committed by a recognised adoption agency
 Sell or buy a child for any purpose (Section 81)
- Offence committed by person having actual charge of child

 Person from Childcare institution subjects child to corporal punishment (Section 82)
- Dismissal in case of conviction [Corp means Body]
- Non cooperation by Childcare Institute

 Using child to be part of militant group (Section 83) https://

timesofindia.indiatimes.com/city/ranchi/cops-rescue-children-from-maoists/articleshow/515
17746.cms

- Using child for illegal activities – individually or as a gang.

 Kidnapping and abduction of Child (Section 84)
 Offences against a disabled child (Section 85)
 Abetment (Section 87)
 Offence committed by a Child (Section 89)
MISCELLANEOUS PROVISIONS
 On the report of a Probation officer/ Social worker, the Board or Committee may release a
child with or without conditions from the Childcare Institution. If he child fails to fulfil the
conditions on release, then the child shall be put back in the child-care Institution. The
Juvenile Justice Board has the power to extend the time (which the child is still liable to
spend) in the Special Home, in case of failure to fulfil release conditions. (Section 97)
 Leave of absence: (similar to Parole) The Board or Committee may permit the child ‘leave
of absence’ on special occasions like death of kin, marriage of relative, accident or illness
of parent, etc. for not exceeding 7 days. (Section 98)
 The High Court may exercise of power of Revision either on its on motion or on
application, call for record any order which is passed by the Board or Committee or
Children’s Court, to check the legality of such order. The High Court while passing an order
provides right to hearing to the person affected by its order. (Section 102)
 The Juvenile Justice Board may amend its order provided there are atleast 2 members
including the Principal Magistrate; The Child Welfare Committee may amend its order
provided there are atleast 3 members. The views of the concerned person to be heard
before amending the order. (Section 104)
 The State Government may create a Juvenile Justice Fund for welfare and rehabilitation
of the children dealt under the JJ Act. The State can allow voluntary donations or
contributions by any individual or organisations. For e.g. a fund started in Kerala https://
www.thehindu.com/news/national/kerala/state-forms-juvenile-justice-fund/article22481508.
ece