Category: Juvenile Justice

Where an act or omission constitute an offence punishable under this Act and also under any other Central or State Act, then, notwithstanding anything contained in any law for the time being in force, the offender found guilty of such offences shall be liable to punishment only under such Act as provides for punishment which is greater in degree. Image Source: i.ytimg.comComment: ADVERTISEMENTS: This section lays down that if any offence which is punishable under the Juvenile Justice ( Care and Protection of Children) Act, 2000, is also included as an offence and made punishable under any other law passed by the State or the Central Government, then in that case, the person who is found guilty of any such offence shall be liable to punishment either under the Juvenile…

(1) The State Government, may ‘[within a period of one year from the date of commencement of the Juvenile Justice (Care and Protection of Children) Amendment Act, 2006, by notification in the Official Gazette, constitute for every district], one or more Child Welfare Committees for exercising the powers and discharge the duties conferred on such Committees in relation to child in need of care and protection under this Act. Image Source: 2.bp.blogspot.com(2) The Committee shall consist of a Chairperson and four other members as the State Government may think fit to appoint, of whom at least one shall be a woman and another, an expert on matters concerning children. ADVERTISEMENTS: (3) The qualifications of the Chairperson and the members, and the tenure for which they may be appointed shall be…

Notwithstanding anything to the contrary contained in any other law for the time being in force, any police officer may take charge without warrant of a juvenile in conflict with law who has escaped from a special home or an observation home or from the care of a person under whom he was placed under this Act, and shall be sent back to the special home or the observation home or that person, as the case may be; and no proceeding shall be instituted in respect of the juvenile by reason of such escape, but the special home, or the observation home or the person, may, after giving the information to the Board which passed the order in respect of the juvenile, take such steps in respect of the juvenile…

(1) The State Government may recognise reputed and capable voluntary organisations and provide them assistance to set up and administer as many shelter homes for juveniles or children as may be required. Image Source: socialwelfarehistory.com(2) The shelter homes referred in sub-section (1), shall function as drop-in-centres for the children in the need of urgent support who have been brought to such homes through such persons as are referred to in sub-section (1) of Section 32. ADVERTISEMENTS: (3) As far as possible, the shelter homes shall have such facilities as may be prescribed by the rules.Comment: It is significant to note that repealed Juvenile Justice Act of 1986 also contained provisions relating to establishment of Observation Homes and the Children’s Homes, but it did not provide for setting up of Shelter…

Here is your Essay on Juvenile Justice System in India !Available statistics on juvenile delinquency in India reveal that the problem is not as tense as in the western world. “Ibis may be due to variations in living conditions such as greater family affiliation and parental control, stronghold of religious convictions and due regard for moral precepts in Indian society. This is not to suggest that the proportion of juvenile delinquency in India is negligible. image source: researchersclub.files.wordpress.com ADVERTISEMENTS: The impact of western civilization and temptation for luxuries and pompous life has greatly disturbed the modem Indian youth. Consequently, there has been a considerable growth in crimes committed by juveniles. India like any other country, also seeks to tackle the problem of juvenile delinquency on the .basis of three fundamental…

Legal provisions regarding after-care organization under Section 44 of the Juvenile Justice (Care and Protection of Children) Act, 2000.(a) For the establishment or recognition of after-care organizations and the functions that may be performed by them under this Act; Image Source: shareyouressays.com ADVERTISEMENTS: (b) For a scheme of after-care programme to be followed by such after-care organization for the purpose of taking care of juveniles or the children after they leave special homes, children homes and for the purpose of enabling them to lead an honest, industrious and useful life;(c) For the preparation or submission of a report by the probation officer or any other officer appointed by the Government in respect of each juvenile or the child prior to his discharge from a special home, children’s home, regarding the…

Legal provisions regarding bail of juvenile under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000.(1) When any person accused of a bailable or non-bailable offence, and apparently a juvenile, is arrested or detained or appears or is brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 or in any other law for the time being in force, be released on bail or placed under the supervision of a Probation Officer or under the care of any fit institution or fit person but he shall not be so released if there appear reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological…

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)]. Image Source: mkbconseil.ch 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…

Legal provisions regarding Constitution of the Juvenile Justice Board under Section 4 of the Juvenile Justice (Care and Protection of Children) Act, 2000.(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the State Government may, within a period of one year from the date of commencement of the Juvenile Justice (Care and Protection of Children) Amendment Act, 2006 (i.e., w.e.f. 22-08-2006), by notification in the Official Gazette, constitute for a district or a group of districts specified in the notification, one or more Juvenile Justice Boards for exercising the powers and discharging the duties conferred or imposed on such Boards in relation to juveniles in conflict with law under this Act. Image Source: adeca.alabama.gov ADVERTISEMENTS: (2) A Board shall consist of a Metropolitan Magistrate or a Judicial Magistrate…

Legal provisions regarding procedure to be followed by a Magistrate not empowered under the Act (Section 7 of the Juvenile Justice under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000.(1) When any Magistrate not empowered to exercise the powers of a Board under this Act is of the opinion that a person brought before him under any of the provisions of this Act (other than for the purpose of giving evidence), is juvenile or the child, he shall without any delay record such opinion and forward the juvenile or the child and the record of the proceeding to the competent authority having jurisdiction over the proceeding. Image Source: blog.theteamw.com ADVERTISEMENTS: (2) The competent authority to which the proceeding is forwarded under sub-section (1) shall hold…