Juvenile Justice Act 2015 Notes For Judiciary Preparation

Overview: The Juvenile Justice (Care and Protection of Children) Act, 2015 is an important subject for judiciary exams, especially Madhya Pradesh Judiciary, Delhi Judiciary, etc. For your preparation, we have curated our research notes on Juvenile Justice Act notes for Judiciary exams. Make sure that you read the article thoroughly and download the notes for your overall preparation.

In this article, we will cover:

• Important sections from the Juvenile Justice Act.
• Juvenile Justice Act notes for the judiciary.
• Important Questions for Practice
• Download juvenile justice act notes for the judiciary.

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Important sections from the Juvenile Justice Act:

Open your Bare Act and mark these important sections in the index, while studying the Bare Act make sure that you focus a bit more on these sections. Make notes of these sections after referring to the notes made by us for all judiciary aspirants.

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Juvenile Justice (Care and Protection of Children) Act, 2015 notes for Judiciary:

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Introduction and Background:

The Juvenile Justice Act (JJA) in India stands as a fundamental piece of legislation designed to safeguard the rights, well-being, and rehabilitation of juveniles who come into conflict with the law. Since its inception, the Act has undergone transformative amendments to address the evolving needs of society, aligning its principles with international standards and global best practices in juvenile justice. The origins of the Juvenile Justice Act traced back to 1986 when the initial legislation was enacted.

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This foundational law aimed to cater to the unique needs of juvenile offenders, recognizing their vulnerability and developmental stage while emphasizing the importance of their rehabilitation and reintegration into society. The 1986 Juvenile Justice Act laid the groundwork for a distinct legal framework focused on the care, protection, and rehabilitation of juveniles in conflict with the law. It acknowledged that juveniles require special attention, considering their developmental stage, vulnerabilities, and the potential for reform and rehabilitation.

The Act highlighted the importance of separating juvenile offenders from the adult criminal justice system and emphasized the establishment of Juvenile Welfare Boards. These boards were tasked with overseeing the welfare and rehabilitation of juveniles, providing guidance, education, and support for their reintegration. As societal norms evolved and new challenges emerged, it became evident that the 1986 Act needed substantial reforms to address the changing landscape of juvenile justice. Issues such as the rising incidence of crimes committed by juveniles, the need for specialized institutions, and the complexities of handling serious offenses committed by older juveniles prompted the call for comprehensive reforms.

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Over time, recognizing the need for comprehensive reforms in the juvenile justice system, the Act underwent significant amendments in 2000, 2006, and notably in 2015. These amendments marked pivotal moments in the evolution of the Act, introducing transformative changes in response to emerging challenges, legal complexities, and the evolving nature of crimes involving juveniles.

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Amendments to the Juvenile Justice Act:

Juvenile Justice Act, 2000: This amendment broadened the scope of the Act, with a renewed emphasis on rehabilitation and social reintegration. It aimed to create a more comprehensive framework for addressing juvenile offenders' needs. Juvenile Justice Act, 2006: Introduced provisions for the establishment of Juvenile Justice Boards (JJB) and Child Welfare Committees (CWC), reinforcing specialized bodies to handle juvenile cases and ensure their welfare. Juvenile Justice Act, 2015: This landmark amendment was a response to changing societal dynamics and growing concerns about serious crimes committed by older juveniles.

It introduced provisions for trying juveniles aged 16–18 as adults in cases of severe offenses. Additionally, it emphasized rehabilitation, social integration, and the establishment of new institutions for juveniles. These amendments reflected continuous efforts by policymakers to strike a balance between ensuring the rights of juvenile offenders, addressing public concerns about serious crimes, and providing a rehabilitative framework for their reintegration into society.

The historical evolution of the Juvenile Justice Act reflects a transition from a punitive approach to a more holistic and rehabilitative system, with a focus on the rights, well-being, and future prospects of juveniles in conflict with the law.

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Main Objective:

The fundamental purpose of the Juvenile Justice Act remains the protection of juveniles in conflict with the law. It emphasizes not only the legal aspects of dealing with such cases but also focuses on the holistic welfare, development, and rehabilitation of juvenile offenders. The Act aims to ensure that the justice system addresses their needs with sensitivity, recognizing their status as individuals who are still in the formative stages of their lives. Moreover, the Act also places a strong emphasis on international commitments and human rights principles.

It aligns with various international conventions and treaties, ensuring that the rights of juveniles in conflict with the law are protected in accordance with the United Nations Convention on the Rights of the Child (UNCRC) and other relevant international frameworks.

The Juvenile Justice Act operates on a foundational principle of the "best interest of the child," acknowledging that juvenile offenders require special attention, care, and guidance rather than punitive measures. It aims to create a rehabilitative environment that offers opportunities for education, skill development, and social reintegration, thereby preventing recidivism and enabling them to lead productive lives as responsible members of society.

In essence, the Juvenile Justice Act serves as a testament to India's commitment to ensuring a fair, just, and compassionate approach to dealing with juveniles in conflict with the law. The Act's journey from its inception to its amendments represents a conscious effort to create a system that balances justice with rehabilitation, protecting the rights and future prospects of the most vulnerable members of society.

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Significant Sections:

Section 2 of the Juvenile Justice Act, 2015, plays a foundational role by defining crucial terms that form the basis of the Act's interpretation. It establishes the term "Child in Conflict with Law," referring to individuals below eighteen years who are alleged to have committed an offense. Additionally, the Act defines a "Juvenile" as a person below eighteen years, while an "Adolescent" pertains to those aged between sixteen to eighteen years. These definitions are pivotal as they delineate the age group covered under the Act, distinguishing children in conflict with the law from adults within the justice system.

Section 12 mandates the conduct of a preliminary assessment by the Juvenile Justice Board (JJB) concerning the mental and physical capacity of juveniles, their family background, circumstances, and needs. This assessment is critical as it provides insights into the circumstances surrounding the alleged offense, enabling the formulation of appropriate rehabilitation plans tailored to the individual needs of the juvenile. It ensures a more holistic approach to the juvenile's case, considering their well-being and circumstances during the legal process.

Section 14 outlines provisions for granting bail to juveniles in conflict with the law during the inquiry or trial of an offense. It upholds the principle of presumption of innocence and considers detention as a last resort. This provision ensures that juveniles are not unnecessarily detained during trial proceedings and grants them the opportunity to reside in a less restrictive environment while ensuring their appearance before the authorities when required. It safeguards their rights and maintains their access to fair legal proceedings.

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Section 15 highlights the dispositions available to the Juvenile Justice Board when dealing with juveniles in conflict with the law. It emphasizes rehabilitation, reformation, and social reintegration over punitive measures. This section aims to ensure that the measures taken by the Board focus on the juvenile's overall well-being and future prospects. It prioritizes the welfare of the juvenile, aiming to provide suitable care, treatment, and rehabilitation conducive to their development.

Section 18 outlines the procedures for determining a juvenile's age in cases where there is a dispute regarding their age. The Act allows for an inquiry process and provides methods for age determination, including medical examination and scientific methods if necessary. Accurate age determination is crucial to ensure that juveniles are treated according to the provisions specified for them under the Act, preventing any wrongful categorization and ensuring fair treatment based on their age.

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Child Care Institutions (CCIs):

Child Care Institutions, as defined by the Juvenile Justice Act of 2015, encompass a variety of facilities serving two distinct categories of children: those in need of care and protection and those in conflict with the law. These institutions encompass children's homes, open shelters, observation homes, special homes, places of safety, and Specialized Adoption Agencies (SAAs). Their primary mission is to provide development and care services to children who fall under these categories, including orphans, abandoned children, surrendered children, trafficked children, and those whose families are unable to provide proper care for them. According to a study conducted by the Ministry of Women and Child Development, there are over 9,500 such institutions in the country, collectively housing more than 3,70,000 children.

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All Child Care Institutions are mandated to register under the Juvenile Justice Act, as stipulated in Sections 2 (51) and 41. Section 2 (51) defines "registered" in the context of child care institutions, referring to observation homes, special homes, places of safety, children’s homes, open shelters, Specialized Adoption Agencies, fit facilities, or any other institution established in response to specific needs.

These facilities, whether managed by the State Government, voluntary organizations, or non-governmental organizations (NGOs), are subject to the governance and regulations outlined in the Juvenile Justice Act. This legislation allows both government and non-governmental organizations to establish institutional facilities for children. The Juvenile Justice (Care and Protection of Children) Act of 2015, enacted in 2016, serves as the model rules for this purpose.

The Juvenile Justice Act offers a comprehensive framework for various categories of residential care for children, broadly divided into two categories:

1. Homes: a. Observation Homes (Section 2 (40) Juvenile Justice Act, 2015) [Rule 29 (i), Juvenile Justice Model Rules, 2016] b. Special Homes (Section 2 (56) Juvenile Justice Act, 2015) [Section 48 & Section 18 (1) (g), Juvenile Justice Act, 2015; Rule 29 (ii), Juvenile Justice Model Rules, 2016]

2. Places of Safety (Section 2 (46) Juvenile Justice Act, 2015) [Section 49 Section 19, Juvenile Justice Act, 2015; Rule 29 (iii), Juvenile Justice Model Rules, 2016]: These are designated for children in conflict with the law, and Children’s Homes cater to children in need of care and protection. Additionally, there are Open Shelters, Fit Facilities, and Fit Persons who provide community-based residential care to children.

Places of Safety specifically function as Observation Homes or Special Homes for children aged 16-18 who are accused or found guilty of committing serious offenses. It's important to note that every person, irrespective of citizenship, is entitled to the fundamental right to life under Article 21 of the Indian Constitution, which protects personal liberty and prohibits deprivation of life or liberty except in accordance with established legal procedures. This right extends to every child and young person, emphasizing the need for a supportive, protective, and nurturing environment that fosters their full potential.

In situations where a child's own family cannot provide adequate care due to various reasons, such as illness, death, separation, desertion, or crisis, the State assumes responsibility for safeguarding the child's rights. This involves ensuring appropriate alternative care arrangements, either through competent local authorities or authorized civil society organizations (CSOs). The State's role includes overseeing the safety, well-being, and development of children placed in alternative care and regularly assessing the appropriateness of the care provided.

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Rehabilitation and reintegration services for institutions registered under the Juvenile Justice Act (Section 53, Juvenile Justice Act, 2015) encompass a range of services designed to support the rehabilitation and reintegration of children. These services may include:

i. Provision of basic necessities like food, shelter, clothing, and medical care, in accordance with prescribed standards.

ii. Provision of equipment such as wheelchairs, prosthetic devices, hearing aids, Braille kits, or other aids and appliances for children with special needs.

iii. Access to appropriate education, including supplementary education, special education, and education tailored to children with special needs, with the provisions of the Right of Children to Free and Compulsory Education Act, 2009 applying to children between six and fourteen years.

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iv. Skill development programs.

v. Occupational therapy and life skill education.

vi. Mental health interventions, including counseling specific to the needs of children.

vii. Recreational activities, including sports and cultural activities.

viii. Provision of legal aid when required.

ix. Referral services for education, vocational training, addiction treatment, and medical care where necessary.

x. Case management, including the preparation and follow-up of individual care plans.

xi. Birth registration services.

xii. Assistance in obtaining proof of identity when needed.

xiii. Any other service reasonably necessary to ensure the child's well-being, either provided directly by the State Government, registered or fit individuals or institutions, or through referral services.

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Several State Government schemes, such as the Bal Sangopan Scheme in Maharashtra and the Palanhaar scheme in Rajasthan, have been implemented to provide support and maintenance to orphaned, abandoned, or vulnerable children, ensuring their well-being and development through family-based care and financial support.

In response to the rising cases of child sexual abuse, the Supreme Court of India directed the establishment of Child Care Institutions, particularly for victims of sexual offenses. This initiative, led by Justices Madan B Lokur and Deepak Gupta, mandated the registration of all Child Care Institutions by December 31, 2017, and called for the establishment of Juvenile Justice Committees within High Courts to oversee the effective implementation of the Juvenile Justice (Care and Protection of Children) Act.

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Significant Case Laws:

1. M.C. Mehta v. State of Tamil Nadu (1991): This landmark case addressed the rights and rehabilitation of juveniles in conflict with the law, focusing on their treatment and rehabilitation within Tamil Nadu's Borstal School. The Supreme Court emphasized the importance of upholding the rights of such juveniles, emphasizing their rehabilitation and reintegration into society as the primary objective. The ruling highlighted the need for humane treatment and rehabilitation measures, setting the foundation for a more compassionate approach to juvenile offenders.

2. Gaurav Jain v. Union of India (1997): This case drew attention to the conditions of juvenile offenders in detention centers and their exposure to adult criminals and adverse environments within prisons. The Supreme Court stressed the necessity of separate facilities for juveniles, emphasizing specialized care, protection, and rehabilitation. This ruling laid the groundwork for the establishment of dedicated facilities and programs catering to the unique needs of juvenile offenders.

3. Salil Bali v. Union of India (2013): This case raised concerns about legal representation for juvenile offenders during trial proceedings, highlighting their challenges in comprehending legal procedures. The Supreme Court underscored the importance of ensuring adequate legal representation for juveniles, mandating access to legal aid and representation for a fair trial and protection of their rights. The ruling reinforced the right to legal representation for juvenile offenders, ensuring their fair treatment within the justice system.

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Juvenile Justice Board:

The Juvenile Justice Board comprises a metropolitan magistrate and two social workers, with one of them being a woman. Its primary function is to safeguard the rights of children throughout various stages, including apprehension, providing legal assistance, arranging interpreters, and requesting social investigation reports.

As per the act, the board is required to adjudicate cases within a maximum period of four months. However, in severe cases, the board may extend this period to six months.

For regular criminal cases, summary trials, as specified in the Indian Penal Code, are conducted. In serious offenses, a summon trial is employed. In the case of heinous or extremely serious crimes, the Juvenile Justice Board transfers the case to children's courts, where the trial proceeds.

If the children's court finds a juvenile guilty after considering all relevant factors, it can impose various penalties except for the death penalty and life imprisonment. The range of punishments includes fines, creative interventions such as group counseling involving psychotherapists or experts to address the offender's mindset and thoughts, conditional release based on a promise not to engage in future misconduct (typically in minor crimes), and placement in reformation homes for vocational and educational rehabilitation in severe cases.

Remember! Any child who has committed a crime has the right to bail until the trial. Parents have the right to be informed about the reasons for their child's arrest and the location of their child's detention.

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Child in Need of Care and Protection:

The terms "Child in Need of Care and Protection" are defined in the act, referring to children who require care and protection due to specific circumstances. The act outlines provisions for rehabilitating such children.

These children may include those who:

1. Lack a home or a stable place of residence.
2. Suffer from mental illness.
3. Have parents or guardians deemed unfit to provide care and protection.
4. Are vulnerable and at risk of being drawn into drug abuse or trafficking, among other factors.

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Offenses Against Children and Their Penalties: The act prescribes penalties for various offenses committed against children, including:

1. Disclosing the identity of children - Punishable by up to 6 months of imprisonment, a fine of 1 lakh rupees, or both.
2. Cruelty to a child - Carries a penalty of 3 years of imprisonment and a 1 lakh rupee fine.
3. Employing a child for begging - Results in 5 years of imprisonment and a 1 lakh rupee fine.
4. Providing intoxicating liquor or drugs to a child - Attracts a rigorous imprisonment term of 7 years and a 1 lakh rupee fine.
5. Sale of children for any purpose - Punishable by 5 years of imprisonment and a 1 lakh rupee fine, among other offenses.

These provisions are aimed at protecting the rights and well-being of children and ensuring that those who harm them face appropriate legal consequences.

In conclusion, the Juvenile Justice Act in India serves as a crucial legal framework aimed at safeguarding and rehabilitating juveniles in conflict with the law.

Important MCQs for Practice of Juvenile Justice Act for Judiciary

Ques. The definition of “abandoned" is given in?

1. Section 2 (a)
2. Section 4
3. Section 2 (b)
4. Section 3

Ques. Child Welfare Committee is defined under:

1. Section 20
2. Section 22
3. Section 29
4. Section 27

Ques. Children's Home is defined under:

1. Section 31
2. Section 30
3. Section 32
4. Section 34

Ques. For the purposes of section 39 "restoration of child" means restoration to-

1. parents;
2. adopted parents;
3. foster parents.  
4. All of the above

Ques. As per section 27 the offences punishable under sections ....... shall be cognizable.

1. Section 23, 24,25 and 26
2.  Section 22, 24,25 and 28
3. Section 23, 24,25 and 27
4. Section 23, 27,25 and 26

Conclusion:

The Juvenile Justice Act has a weightage of 3 marks in the MPCJ Exams and  4 marks in DJS exams. Juvenile Justice Act is asked in 6+ state judiciary exams and therefore all the aspirants must take it seriously. Make notes of all the important sections and important case laws.

• Make your own notes from day one.
• Target important sections but read the entire act.
• Focus on key amendments of the act.
• Make notes of the landmark case laws for Judiciary preparation.

All the the best Judiciary Aspirants!