Category: Law

Where a juvenile is arrested, the officer-in-charge of the police station or the special juvenile police unit to which the juvenile is brought shall, as soon as may be after the arrest, inform— Image Source: united.k12.il.us(a) The parent or guardian of the juvenile, if he can be found of such arrest and direct him to be present at the Board before which the juvenile will appear; and ADVERTISEMENTS: (b) The probation officer of such arrest to enable him to obtain information regarding the antecedents and family background of the juvenile and other material circumstances likely to be of assistance to the Board for making inquiry.Comment: When a juvenile in conflict with law is arrested and brought to police station, it shall be duty of the officer-in-charge of the Police Station…

This section contains special provisions relating to proceedings which were pending decision before a Juvenile Court at the date of enforcement of the Juvenile Justice (Care and Protection of Children) Act, 2000. According to this section, such pending proceeding shall continue as if this Act were not passed and if the Court comes to the conclusion that the juvenile is guilty of committing the offence, it shall forward the case to the Juvenile Justice Board constituted under the Act of 2000 instead of itself passing the sentence. If the Board, after an inquiry against the juvenile finds that he has committed an offence, it shall make order under Section 15 of the Act as it deems fit. Image Source: assets.rbl.msThe essence of this section may be stated thus— ADVERTISEMENTS: (i)…

(1) Where a Board is satisfied on enquiry that a juvenile has committed an offence, then, notwithstanding anything to the contrary contained in any other law for the time being in force, the Board may, if it thinks so fit,—(a) Allow the juvenile to go home after advice or admonition following appropriate enquiry against and counselling to the parent or the guardian and the juvenile, Image Source: cdn.sheknows.com ADVERTISEMENTS: (b) Direct the juvenile to participate in group counselling and similar activities;(c) Order the juvenile to perform community service;(d) Order the parent of the juvenile or the juvenile himself to pay a fine, if he is over fourteen years of age and earns money;(e) Direct the juvenile to be released on probation of good conduct and placed under the care of…

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…