Apprehension of juvenile in conflict with law – Section 2 of the Juvenile Justice

Legal provisions regarding apprehension of juvenile in conflict with law under Section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2000.

As per Section 2(k) of the Juvenile Justice (Care and Protection of Children) Act, 2000, ‘juvenile’ or ‘child’ means a person who has not completed eighteenth year of age. ‘Juvenile in conflict with law’ means a juvenile who is alleged to have committed an offence and has not completed eighteenth year of age as on the date of commission of such offence [(Sec. 2(1)].

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ADVERTISEMENTS:

Section 10 of the Juvenile Justice (Care and Protection of Children) Act, 2000 provides that:

(1) As soon as a juvenile in conflict with law is apprehended by police, he shall be placed under the charge of the special juvenile police unit or the designated police officer, who shall produce the juvenile before the Board without any loss of time but within a period of twenty-four hours of his apprehension excluding the time necessary for the journey, from the place where the juvenile was apprehended, to the Board:

Provided that in no case, a juvenile in conflict with law shall be placed in a police lock-up or lodged in a jail.

(2) The State Government may make rules consistent with this Act;

ADVERTISEMENTS:

(i) To provide for persons through whom (including registered voluntary organizations) any juvenile in conflict with law may be produced before the Board;

(ii) To provide the manner in which such juvenile may be sent to an observation home.

As per Section 2(o) of the Juvenile Justice (Care and Protection of Children) Act, 2000, “observation home” means a home established by a State Government or by a voluntary organization and certified by the State Government under Section 8 as an observation home for the juvenile in conflict with law.