JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT,
2015
INTRODUCTION
Parliament passed the Juvenile Justice
(Care and Protection of Children) Act, 2015 and has been effective from January
1st, 2016 replacing the Juvenile Justice Act, 2000 aiming to focus
in the change of law related to juveniles where children who are found in
conflict with law and need care plus protection by fulfilling the basic
necessities along with proper nourishment and treatment.
It also propagates child-friendly
approach for disposal of matters in the best interests of the children and
carrying out the processes of rehabilitation through institutions and bodies
established, as per the Convention on the Rights of the Child, adopted by the
General Assembly of United Nations, which has prescribed a set of standards to
be adhered to by all State parties in securing and safeguarding the interests
of the child.
IMPORTANT TERMS
Following terms with their meanings
under the Juvenile Justice Act, 2015:
1. Section
2(1) Abandoned child: When biological or
adoptive parents or guardians leave their own child and has been declared as
abandoned by the committee on due enquiry.
2. Section
2(2) Adoption: The process where the adopted child
is permanently separated from his biological parents and becomes the lawful
child of his adoptive parents.
3. Section
2(12) Child: A person who has not completed
eighteen years of age.
4. Section
2(13) Child in conflict: A child who has not completed
eighteen years of age, was found or supposed to have committed an offence.
5.
Section 2(14) Child in
need of protection: a
child
i.
who is found without
any home
ii.
who is found begging or
working against the labour laws provided
iii.
who resides with a
person whether guardian or not injures, abuses, exploits, threatens
iv.
who is mentally,
physically challenged or has an incurable disease
v.
whose parent or
guardian is unfit or incapacitated
vi.
who does not have
parents or parents who surrendered him
vii.
who is missing or
runaway child
viii.
who has been likely to
be abused or exploited
ix.
who is found vulnerable
and is likely into drug abuse or trafficking
x.
who is abused for
unconsciable gains
xi.
who is victim of
natural calamity or civil unrest
xii.
who is at risk of
marriage before attaining marriageable age.
6.
Section 2(29) Foster
Care: A child who is placed for
supervision by the committee into an alternate care in the domestic
environment of a family, other than biological family.
7. Section
2(31) Guardian: A person who can be natural
guardian or other person having charge of the child recognized by the committee
8. Section
2(35) Juvenile: A child below the age of eighteen
years
9. Section
2(42) Orphan: A child without biological or
adoptive parents or legal guardian or whose legal guardian is not willing to
look after the child.
10. Section
2(60) Surrendered Child: A child who is
voluntarily given up by the parent or guardian to the committee due to
physical, emotional and social factors.
JUVENILE JUSTICE BOARD (Section 4-9)
As per Code of Cr.P.C the State
government shall constitute for every district one or more Juvenile Justice
Boards for exercising the powers and discharging its functions relating to
children in conflict with law under this Act. The Board shall ensure, the
methods adopted and procedures followed are child friendly, not intimidating
and does not resemble as the regular courts.
Further, the child in inquiry and his
guardians must be included in every step of the process ensuring the child’s
rights being protected, throughout the process of apprehending, inquiry,
aftercare and rehabilitation.
Furthermore, the Board shall conduct
inquiry for declaring fit persons regarding care of children in conflict with
law and order the police for filing an FIR for any offence committed against
the child in conflict of law or in need of protection.
·
Section 5 Placement of
person, who cease to be a child during process of inquiry
Also, where an inquiry has been
initiated in respect of the child under this act and he completes eighteen
years of age during such inquiry then the Board shall pass orders as if such person
had continued to be a child.
·
Section 6 Placement of
persons, who committed an offence, when person was below the age of eighteen
years
In addition to this if any person, who
has completed eighteen years of age, and is apprehended for committing an offence
when he was below the age of eighteen years, then, such person shall be treated
as a child during the process of inquiry and if such person is not released on
bail by the Board shall be placed in a place of safety during the process of
inquiry.
PROCEDURE FOR CHILDREN IN CONFLICT WITH LAW (Section 10-26)
Section 10 Apprehension of child
alleged to be in conflict with law
As soon as the police perceives or
apprehends a child to be in conflict allegedly or supposedly with law, such
child shall be placed under the charge of the special juvenile police unit or
the designated child welfare police officer, who shall produce the child before
the Board within a period of twenty-four hours of apprehending the child
excluding the time necessary for the journey, from the place where such child
was apprehended provided that the child in conflict shall not be placed in a police
lock up or lodged in a jail.
Section 11 Role of person in whose
charge child in conflict with law is placed
Such person shall have the responsibility
of the child in conflict with law as if he was child’s parent and responsible
for the child’s maintenance for the period stated by the Board.
Section 12 Bail to a person who is
apparently a child alleged to be in conflict with law
Any child in conflict with law who was
apprehended to have committed a non bailable offence shall be released on bail
with or without surety or fit person provided the bail shall not be granted if
there appears reasonable grounds to believe that such release might bring the
person in association of a criminal or expose to physical, psychological danger
or would defeat purpose of justice.
Section 15 Preliminary assessment
into heinous offences by Board
Where a Heinous offence is committed by
the child who is above the age of sixteen years, the Board shall conduct a
preliminary assessment which is not a trial and assess the mental and physical
capacity of the child to commit such an offence provided the Board may take
assistance of the experienced psychologists or psycho-social workers or other
experts.
Section 17 Orders regarding a child
not found to be in conflict with law
When the Board is satisfied on inquiry
that the child has not committed any offence and needs care and protection, it
may refer the child to the Committee.
Section 18 Orders regarding child
found to be in conflict with law
When the Board is satisfied by the
inquiry against a child irrespective of age committing petty or serious offence
or child below the age of sixteen years has committed a heinous offence then
the Board if it thinks can allow the child to go home, direct to attend
counselling sessions, order for a fine, order for probation of a good conduct,
direct to a special home for reformative services and also direct deaddiction
programme etc.
CHILD WELFARE COMMITTEE (SECTION 27-30)
The State Government shall constitute
for every district, one or more Child Welfare Committees for exercising the
powers and to discharge the duties in relation to children in need of care and
protection under this Act and ensure that induction training and sensitisation
of all members of the committee is provided within two months from the date of
notification.
The Committee shall meet at least twenty
days in a month and it has the authority to dispose of cases for the care,
protection, treatment, development and rehabilitation of children in need of
care and protection, as well as to provide for their basic needs and protection.
PROCEDURE IN RELATION TO CHILDREN
IN NEED OF CARE AND PROTECTION (SECTION 31-38)
Section 32 Mandatory reporting
regarding a child found separated from guardian
Any individual or a police officer or
organization or hospital or nursing home who finds or takes charge or is handed
over a child who appears to be lost, abandoned or orphan shall within 24hrs
give information to the Childline Services or the nearest police station or to
a Child Welfare Committee or to the District Child Protection Unit, or hand
over the child to a child care institution registered under this Act.
Section 33&34 Offence and
penalty for non-reporting
If information of child under Section 32
is not given then such person shall be liable to imprisonment up to (maximum) six
months or fine of ten thousand rupees or both.
Section 38 Procedure for declaring
a child legally free for adoption – Cases where child is free for adoption
i.
Orphan/abandoned child
– the committee shall trace the parents or guardian of the child and if on
completion of inquiry it establishes to have no person to take care or child
being orphan, such declaration shall be within two months from date of production of the child, for children
who are up to two years of age and within four months for children above two
years of age provided no FIR was filed by the biological parents.
ii.
A child of a mentally
retarded parents or an unwanted child of victim of sexual assault, such
child may be declared free for adoption by the Committee.
iii.
The decision to declare
an orphan, abandoned or surrendered child as legally free for adoption shall be
taken by at least three members of the Committee.
REHABILITATION AND SOCIAL
RE-INTEGRATION (SECTION 39-55)
The process of rehabilitation and social
integration of children under this Act shall be undertaken, based on the
individual care plan of the child, preferably through family-based care such as
by restoration to family or guardian with or without supervision or
sponsorship, or adoption or foster care.
Child care Institutions such as The
Children’s Home, Specialised Adoption Agency or an open shelter provide
restoration and protection to the children who are deprived of the family
environment and need care. The Committee shall have the powers to restore any
child in need of care and protection to his parents, guardian or fit person.
Section 43 Open shelter
Open shelters are voluntary or
non-governmental organisations set up and registered by the state government
which shall provide residential support, on short-term basis, with the
objective of protecting them from abuse.
Section 44 Foster Care
The children in need of care and
protection may be placed in foster care, including group foster care for their
care and protection through orders of the Committee, in a family which does not
include the child’s biological or adoptive parents or in an unrelated family
recognised as suitable for the purpose by the State Government, for a short or
extended period of time. The foster family shall be responsible for providing
education, health and nutrition to the child and shall ensure the overall well-being
of the child. No child regarded as adoptable by the Committee shall be given
for long-term foster care.
Section 45 Sponsorship
The sponsorship shall take place
when:
i.
where mother is a widow
or divorced or abandoned by family
ii.
where children are
orphan and are living with the extended family
iii.
where parents are
victims of life-threatening disease
iv.
where parents are
incapacitated due to accident and unable to take care of children both
financially and physically.
The sponsorship programme may provide
supplementary support to families, to Children’s Homes and to special homes to
meet medical, nutritional, educational and other needs of the children, with a
view to improving their quality of life.
Section 46 After care of children
leaving child care institution
Any child leaving a child care
institution on completion of eighteen years of age may be provided with
financial support in order to facilitate child’s re-integration into the
mainstream of the society.
Section 47 Observation Homes
The State Government shall establish and
maintain in every district or a group of districts, either by itself, or
through voluntary or non-governmental organisations, observation homes, which
shall be registered under section 41(registration of child care institutions)
of this Act, for temporary reception, care and rehabilitation of any child
alleged to be in conflict with law, during the pendency of any inquiry.
Section 48 Special Homes
The State Government may establish and
maintain either by itself or through voluntary or non-governmental
organisations, special homes, which shall be registered in every district or a
group of districts, as may be required for rehabilitation of those children in
conflict with law who are found to have committed an offence and who are placed
there by an order of the Juvenile Justice Board made under section 18 where
services necessary for social re-integration of child are provided.
Section 49 Place of safety
The State Government shall set up at
least one place of safety in a State registered under section 41(registration
of child care institutions), so as to place a person above the age of eighteen
years or child in conflict with law, who is between the age of sixteen to
eighteen years and is accused of or convicted for committing a heinous offence
where it shall have separate arrangement and facilities for stay of such
children or persons during the process of inquiry.
Section 50 Children’s Home
The State Government may establish and
maintain, in every district or group of districts, either by itself or through
voluntary or non-governmental organisations, Children’s Homes, which shall be
registered as such, for the placement of children in need of care and
protection for their care, treatment, education, training, development and
rehabilitation.
Section 53 Rehabilitation and
re-integration services in institutions registered under this Act and
management thereof
The institutions shall provide basic
requirements, equipments such as wheel-chairs, prosthetic devices, hearing
aids, braille kits, appropriate education also with skill development and
recreational activities, any other service for the children’s safety and
well-being.
ADOPTION (SECTION 56-73)
Section 56 Adoption
Adoption shall be resorted to for
ensuring right to family for the orphan, abandoned and surrendered children
where adoption of a child from a relative by another relative, irrespective of
their religion, can be made. Also, any person, who takes or sends a child to a foreign
country or takes part in any arrangement for transferring the care and custody
of a child to another person in a foreign country without a valid order from
the Court, shall be punishable.
Section 57 Eligibility of
prospective adoptive parents
i.
The prospective
adoptive parents shall be physically fit, financially sound, mentally alert and
highly motivated to adopt a child for providing a good upbringing to him.
ii.
In case of a couple,
the consent of both the spouses for the adoption shall be required.
iii.
A single or divorced
person can also adopt.
iv.
A single male is not
eligible to adopt a girl child.
Section 58 Procedure for adoption
by Indian prospective adoptive parents living in India
i.
Indian prospective
adoptive parents living in India, irrespective of their religion, if interested
to adopt an orphan or abandoned or surrendered child, may apply for the same to
a Specialised Adoption Agency (SAA).
ii.
SAA shall prepare home study report of the
prospective adoptive parents and upon finding them eligible, will refer a child
declared legally free for adoption to them with child study report and medical
report.
iii.
After the prospective
parents accept the child by signing the child study report and medical report
the SAA shall give the child in pre-adoption foster care and file an
application in the court for obtaining the adoption order.
iv.
On the receipt of a
certified copy of the court order, the Specialised Adoption Agency shall send immediately
the same to the prospective adoptive parents.
Section 59 Procedure for inter-country
adoption of an orphan or abandoned or surrendered child
i.
The children with
physical and mental disability, siblings and children above five years of age
may be given preference over other children who is an orphan or abandoned or
surrendered child and could not be placed with an Indian or non-resident Indian
prospective adoptive parent despite the joint effort of the SAA and State
Agency within sixty days from the date the child has been declared legally free
for adoption, such child shall be free for inter-country adoption.
ii.
An eligible
non-resident Indian or overseas citizen of India or persons of Indian origin
shall be given priority in inter-country adoption of Indian children.
iii.
A non-resident Indian
or overseas citizen of India, or person of Indian origin or a foreigner, who are
prospective adoptive parents living abroad, irrespective of their religion, if
interested to adopt an orphan or abandoned or surrendered child from India, may
apply for the same to an authorised foreign adoption agency, or Central
Authority or a concerned Government department in their country of habitual residence.
iv.
The authorised foreign
adoption agency, or Central Authority, or a concerned Government department shall
prepare the home study report of such prospective adoptive parents and upon
finding them eligible, will sponsor their application to Authority for adoption
of a child from India.
v.
On the receipt of the
application of such prospective adoptive parents, the Authority shall examine
and if it finds the applicants suitable, then, it will refer the application to
one of the SAA, where children legally free for adoption are available.
v.
vi.
The SAA will match a
child with such prospective adoptive parents and send the child study report
and medical report of the child to such parents, who in turn may accept the child
and return the child study and medical report duly signed by them to the said
agency.
vii.
On receipt of
acceptance by the prospective adoptive parents SAA shall initiate for the
adoption order in the court and shall send the same on receipt to the
prospective parents.
viii.
The Authority shall
intimate about the adoption to the immigration authorities of India and the receiving
country of the child and the prospective adoptive parents shall receive the
child in person from the specialised adoption agency as soon as the passport
and visa are issued to the child.
ix.
A foreigner or a person
of Indian origin or an overseas citizen of India, who has habitual residence in
India, if interested to adopt a child from India, may apply to Authority for
the same along with a no objection certificate from the diplomatic mission of
his country in India, for further necessary actions as provided in the adoption
regulations framed by the Authority.
Section 60 Procedure for
inter-country relative adoption
i.
A relative living
abroad, who intends to adopt a child from his relative in India shall obtain an
order from the court and apply for no objection certificate from Authority and
on receipt of such order with application from either the biological parents or
from the adoptive parents, issue no objection certificate under intimation to
the immigration authority of India and of the receiving country of the child.
ii.
The adoptive parents shall,
after receiving no objection certificate, receive the child from the biological
parents and shall facilitate the contact of the adopted child with his siblings
and biological parents from time to time.
Section 61 Court procedure and
penalty against payment in consideration of adoption
Before issuing an adoption order,
the court shall satisfy itself that
i.
the adoption is for the
welfare of the child
ii.
due consideration is
given to the wishes of the child having regard to the age and understanding of
the child
iii.
that neither the
prospective adoptive parents has given or agreed to give nor the SAA or the
parent or guardian of the child in case of relative adoption has received or
agreed to receive any payment or reward in consideration of the adoption,
except as permitted under the adoption regulations framed by the Authority
towards the adoption fees or service charge or child care corpus.
The adoption proceedings shall be held
in camera and the case shall be disposed of by the court within a period of two
months from the date of filing.
Section 62 Additional procedural
requirements and documentation
i.
The documentation and
other procedural requirements for the adoption of an orphan, abandoned and
surrendered child by Indian prospective adoptive parents living in India, or by
non-resident Indian or overseas citizen of India or person of Indian origin or
foreigner prospective adoptive parents, shall be as per the adoption
regulations framed by the Authority.
ii.
The SAA shall ensure
that the adoption case of prospective adoptive parents is disposed of within
four months from the date of receipt of application and the authorised foreign
adoption agency, Authority and State Agency shall track the progress of the
adoption case and intervene wherever necessary, so as to ensure that the time
line is adhered to.
Section 63 Effect of adoption
When the court order for adoption is
issued, the adoptive parents shall become the parents of the child as if the
child had been born to the adoptive parents, for all purposes, including
intestacy with effect from the date on which such order is issued and all the
ties of the child in the family of his or her birth shall stand severed and
replaced by those created by the adoption order in the adoptive family provided
any property which was vested in the adopted child immediately before the date
on which the adoption order takes effect shall continue to vest in the adopted
child.
Section 64 Reporting of adoption
All adoption orders issued by the
concerned courts, shall be forwarded to Authority on monthly basis.
Section 65 Specialized Adoption
Agencies (SAA)
i.
The State Government
shall recognise one or more institutions or organisations in each district as a
Specialised Adoption Agency for the rehabilitation of orphan, abandoned or
surrendered children, through adoption and non-institutional care.
ii.
The State Agency shall
furnish the name, address and contact details of the Specialised Adoption Agencies
along with copies of certificate or letter of recognition or renewal to
Authority, as soon as the recognition or renewal is granted to such agencies
and the State Government shall get every Specialised Adoption Agency inspected
at least once in a year and take necessary remedial measures, if required.
iii.
In case any Specialised
Adoption Agency is in default, it shall be punishable with a fine which may
extend up to fifty thousand rupees and in case of repeated default,
the recognition of the SAA shall be withdrawn by the State Government.
Section 66 Adoption of children
residing in institutions not registered as adoption agencies
i.
All the institutions
registered under this Act, which may not have been recognised as Specialised
Adoption Agencies, shall also ensure that all orphan or abandoned or surrendered
children under their care are reported, produced and declared legally free for
adoption.
ii.
All such institutions shall
develop formal linkages with nearby SAA and shall furnish details of the
children declared legally free for adoption to that SAA along with all relevant
records for the placement of such children in adoption.
iii.
If any such institution
contravenes it shall be liable to fine of fifty thousand rupees for each
instance to be imposed by the registering authority and it may also attract
de-recognition.
Section 67 State Adoption Resource
Agency
The State Government shall set up a
State Adoption Resource Agency for dealing with adoptions and related matters
in the State under the guidance of Authority.
Section 68 Central Adoption
Resource Agency
The Central Adoption Resource Agency
existing before the commencement of this Act, shall be deemed to have been
constituted as the Central Adoption Resource Authority to perform:
i.
to promote in-country
adoptions and to facilitate inter-State adoptions in co-ordination with State
Agency
ii.
to regulate
inter-country adoptions
iii.
to frame regulations on
adoption and related matters from time to time as may be necessary
iv.
to carry out the
functions of the Central Authority under the Hague Convention on Protection of
Children and Cooperation in respect of Inter-country Adoption
Section 69 Steering Committee of
Authority
It shall perform the following
functions:
i.
to oversee the
functioning of Authority and review its working
ii.
to approve the annual
budget, annual accounts and audit reports as well as the action plan and annual
report of Authority
iii.
to adopt the
recruitment rules, service rules, financial rules of Authority as well as the
other regulations for the exercise of the administrative and programmatic
powers within the organisation, with the prior approval of the Central
Government.
Section 70 Powers of Authority
i.
to issue instructions
to any Specialised Adoption Agency or a Children Home or any child care
institution housing any orphan, abandoned or surrendered child, any State
Agency or any authorised foreign adoption agency
ii.
recommending to the
concerned Government or Authority to take appropriate action against any
official or functionary or institution under its administrative control, in
case of persistent noncompliance
iii.
forwarding any case of
persistent non-compliance of its instructions by any official or functionary or
institution to a Magistrate having jurisdiction to try the same
iv.
In case of any
difference of opinion in an adoption case, including the eligibility of
prospective adoptive parents or of a child to be adopted, the decision of
Authority shall prevail.
Section 71&72 Annual report and
Grants by Central Government
The authority shall submit the annual
report to the Central Government and further shall be placed before each house
of Parliament. The Central government after appropriation done by the
Parliament shall pay to the authority by way of grants, sums of money being
utilised for performing the functions of Authority.
Section 73 Accounts and Audit of
the Authority
The Authority shall maintain proper
accounts, relevant records and prepare an annual statement of accounts audited
by the Comptroller and Auditor-General which is further forwarded annually to
the Central government who shall place the audit report in front of both the
houses of Parliament.
OTHER OFFENCES AGAINST CHILDREN (SECTION
74-89)
Section 74 Prohibition on
disclosure of identity of children
i.
There should be no
report or any picture in any newspaper or audio visual means of communication
regarding any inquiry, investigation or judicial procedure, which shall
disclose the name, address or school or any other particular information
resulting to identification of a child in conflict with law or a child in need
of care and protection or a child victim or witness of a crime, involved in
such matter, unless the Board of Committee permits such disclosure, thinking it
to be for the best interest of such child.
ii.
The Police shall not
disclose any record of the child for the purpose of character certificate or otherwise
in cases where the case has been closed or disposed of.
iii.
Any person contravening
the provisions shall be punishable with imprisonment for a term which may
extend to six months or fine which may extend to two lakh rupees or both.
iii.
Section 75 Punishment for cruelty
to child
i.
Whoever is in actual
charge or control of the child assaults, abandons, abuses or wilfully
neglects or causes the child to be assaulted, abandoned, abused or
exposed to cause such child unnecessary mental or physical suffering,
shall be punishable with imprisonment for a term which may extend to three
years or with fine of one lakh rupees or with both. Provided such
abandonment by the biological parents is due to an uncontrollable situation
shall be presumed not wilful and penal provisions shall not apply.
ii.
If such an offence is
committed by the person employed by or managing an organisation, which
is entrusted with the care and protection of the child, he shall be punished
with rigorous imprisonment which may extend up to five years, and fine which
may extend up to five lakhs rupees.
iii.
If the aforesaid
cruelty makes the child physically incapacitated or with a mental
illness or is rendered mentally unfit to perform regular tasks or has risk to
life or limb,
such person shall be
punishable with rigorous imprisonment, not less than three years but which
may be extended up to ten years and shall also be liable to fine of five lakhs
rupees.
Section 76 Employment of child for
begging
i.
Whoever employs or
uses any child for the purpose of begging or causes any child to beg
shall be punishable with imprisonment for a term which may extend to five
years and liable to fine of one lakh rupees and if due to begging the person
amputates or maims the child, he shall be punishable with rigorous
imprisonment for a term not less than seven years which may extend up to ten
years and liable to fine of five lakh rupees.
i.
ii.
Whoever in control or
actual charge of the child causes or abets the above cruelty shall be
punishable with imprisonment for a term which may extend to five years and
liable to fine of one lakh rupees and declared unfit. Provided that the
said child, shall not be considered a child in conflict with law under any
circumstances, and shall be removed from the charge or control of such guardian
or custodian and produced before the Committee for appropriate rehabilitation.
Section 77 Penalty for giving
intoxicating liquor or narcotic drug or psychotropic substance to a child
Whoever gives, or causes to be given, to
any child any intoxicating liquor or any narcotic drug or tobacco products or
psychotropic substance, except on the order of a duly qualified medical
practitioner, shall be punishable with rigorous imprisonment for a term
which may extend to seven years and shall also be liable to a fine which may
extend up to one lakh rupees.
Section 78 Using a child for
vending, peddling, carrying, supplying or smuggling any intoxicating liquor,
narcotic drug or psychotropic substance
Whoever uses a child, for vending,
peddling, carrying, supplying or smuggling any intoxicating liquor, narcotic
drug or psychotropic substance, shall be liable for rigorous imprisonment
for a term which may extend to seven years and shall also be liable to a fine
up to one lakh rupees.
Section 79 Exploitation of a child
employee
Whoever ostensibly(allegedly/seemingly)
engages a child and keeps him in bondage for the purpose of employment includes selling goods and services, and
entertainment in public places for economic gain or withholds his earnings or
uses such earning for his own purposes shall be punishable with rigorous
imprisonment for a term which may extend to five years and shall also be liable
to fine of one lakh rupees.
Section 80 Punitive measures for
adoption without following prescribed procedures.
If any person or organisation offers or
gives or receives, any orphan, abandoned or surrendered child, for the purpose
of adoption without following the provisions or procedures as provided in this
Act, such person or organisation shall be punishable with imprisonment of
either description for a term which may extend up to three years, or with fine
of one lakh rupees, or with both. If such an offence is committed by the recognized
adoption agency, in addition to the above punishment, the registration
of such agency under section 41 and its recognition under section 65
shall also be withdrawn for a minimum period of one year.
Section 81 Sale and procurement of
children for any purpose
Any person who sells or buys a child for
any purpose shall be punishable with rigorous imprisonment for a term which
may extend to five years and shall also be liable to fine of one lakh rupees
provided that where such offence is committed by a person having actual
charge of the child, including employees of a hospital or nursing home or
maternity home, the term of imprisonment shall not be less than(minimum)
three years and may extend up to (maximum) seven years
Section 82 Corporal punishment
i.
Any person in-charge of
or employed in a child care institution, who subjects a child to corporal
punishment (physical punishment where pain is inflicted) with the aim of disciplining
the child, shall be liable to pay a fine of ten thousand rupees for first
conviction and for every subsequent offence, shall be liable for imprisonment
which may extend to three months or fine or with both.
i.
ii.
If any person
employed in an institution commits such above-mentioned offence shall also be liable for dismissal from
service, and shall also be debarred from working directly with children
thereafter.
iii.
Where corporal
punishment is reported and such institution does not cooperate with inquiry
carried out by the state government or committee or board the person
incharge of the management of the institution shall be liable for
punishment with imprisonment for a term not less than three years and shall
also be liable to fine which may extend to one lakh rupees.
Section 83 Use of child by militant
groups or other adults
i.
Any non-State,
self-styled militant group or outfit (terrorist group) declared as such
by the Central Government, if recruits or uses any child for any purpose, shall
be liable for rigorous imprisonment for a term which may extend to seven
years and shall also be liable to fine of five lakh rupees.
i.
ii.
Any adult or an adult
group uses children for illegal activities either individually or as a
gang shall be liable for rigorous imprisonment for a term which may extend
to seven years and shall also be liable to fine of five lakh rupees.
Section 84 Kidnapping and abduction
of child
Provisions of Section 359-369 of IPC,
1860 shall be mutatis mutandis (considering the respective differences of both
the sections) applicable where a child or a minor who is under the age of
eighteen years and all the provisions shall be construed accordingly.
Section 85 Offences committed on
disabled children
Whoever commits offence listed under
this act to any disabled child which is certified by a medical practitioner then
such person shall be liable to twice the penalty provided for such offence.
Section 86 Classification of
offences and designated court
i.
Offence punishable with
imprisonment for a term more than seven years then such offence shall be
cognizable, non-bailable and triable by a Children’s Court.
i.
ii.
Offence punishable with
imprisonment for a term of three years and above, but not more than seven
years, then, such offence shall be cognizable, non-bailable and triable by
a Magistrate of First Class.
ii.
iii.
Offence punishable with
imprisonment for less than three years or with fine only, then, such
offence shall be non-cognizable, bailable and triable by any Magistrate
Section 87 Abetment
An act or offence is said to be
committed in consequence of abetment(encouragement or helping in something
wrong or illegal), when it is committed in consequence of the instigation(provocation/deliberately
making someone angry), or in pursuance of the conspiracy or with the aid, which
constitutes the abetment.
Section 88 Alternative
punishment
Where an act or omission constitutes an
offence punishable under this Act and also under any other law for the time
being in force, then, notwithstanding anything contained in any such law, the
offender found guilty of such offence shall be liable for punishment under such
law which provides for punishment which is greater in degree.
Section 89 Offence committed by
child under this Chapter
Any child who commits any offence shall
be considered as a child in conflict with law under this Act.
MISCELLANEOUS (SECTION 90-112)
Section 90 Attendance of parent or
guardian of child
The Committee or the Board needs the
person in charge or parents or guardian to be present at any proceeding in
respect of that of child.
Section 91 Dispensing with
attendance of child
If at any stage the child is not
required to be a part of the inquiry, shall be dispensed or relieved by the
committee or the board and when his attendance is needed, the child is entitled
for the travel reimbursement for self and one escort accompanying the child as
per actual expenditure incurred.
Section 92 Placement of a child
suffering from disease requiring prolonged medical treatment in an approved
place
The committee or the Board may send the
child suffering with prolonged disease to any place recognized as fit facility
if it thinks the child shall respond to the treatment for a period it deems
fit.
Section 93 Transfer of a child who
is mentally ill or addicted to alcohol or other drugs
i.
The committee or the
Board may order removal of a child from a special
home or an observation home or a Children’s Home or in an institution who is
mentally ill or addicted to drugs leading to behavioural changes to a
psychiatric hospital or psychiatric nursing home as per Mental Health Act, 1987.
ii.
If such child is
removed from psychiatric hospital or psychiatric nursing home then advice given
in the discharge certificate shall be taken into account by moving the child
into an Integrated Rehabilitation Centre for Addicts or similar centres
maintained by the State Government for mentally ill persons.
Section 94 Transfer of a child who
is mentally ill or addicted to alcohol or other drugs
i.
When committee or the
Board based on appearance is confident regarding the age of the person being a
child shall record the same and initiate the inquiry without waiting for the
confirmation of the age.
ii.
Where the board has
reasonable grounds for doubt regarding whether the person brought before it is
a child or not, it shall undertake the process of age determination, by seeking
evidence by obtaining- date of birth certificate from school or matriculation
or equivalent certificate or birth certificate given by municipal corporation
and in absence of both can rely on medical determination test provided such
test shall be conducted within 15 days of order by the committee.
iii.
The age recorded by the
committee or the board shall be considered to be the true age of that person.
Section 95 Transfer of a child to
place of residence
i.
While inquiry the child
is found to be from outside the jurisdiction and so satisfied by the committee
or the board shall order to transfer such child in his home district provided
the inquiry of the child in conflict has completed and Once the decision to
transfer is finalised, the Committee or Board, as the case may be, shall give
an escort order to the Special Juvenile Police Unit to escort the child, within
fifteen days of receiving such order Provided that a girl child shall be
accompanied by a woman police officer.
ii.
Where Special Juvenile
Police Unit is not available the
Board shall direct the institution where the child is temporarily staying or
District Child Protection Unit, to provide an escort to accompany the child
during travel also provide travelling allowance.
Section 96 Transfer of child
between Children’s Homes, or special homes or fit facility or fit person in different
parts of India
The state may on recommendation by the
committee or the board shall transfer the child from one children’s home to
another within state for the best interests of the child.
Section 97 Release of a child from
an institution
A child is released from an institution
permitting to live with parents or guardian if thew committee deems fit and if
released on temporary basis shall be kept in a children or special home.
Section 98 Leave of absence to a
child placed in an institution
Leave of absence to a child is permitted
examination, marriage of relatives, death of kith or kin or accident or serious
illness of parent or any emergency of like nature, under supervision, for a
period generally not exceeding seven days in one instance, excluding the time
taken in journey.
Section 99 Reports to be treated as
confidential
All reports related to the child shall
be treated as confidential.
Section 100 Protection of action
taken in good faith
No suit, prosecution or other legal
proceeding shall lie against the Central Government, or the State Government or
any person acting under the directions of the Central Government or State
Government, as the case may be, in respect of anything which is done in good
faith or intended to be done.
Section 101 Appeals
Any person aggrieved by an order made by
the Committee or the Board under this Act may, within thirty days from the date
of such order, prefer an appeal to the Children’s Court, except for decisions
by the Committee related to Foster Care and Sponsorship After Care for which
the appeal shall lie with the District Magistrate provided they may entertain
the appeal after the expiry of the said period of thirty days, if it is
satisfied that the appellant was prevented by sufficient cause from filing the
appeal in time and such appeal shall be decided within a period of thirty days.
Section 102 Revision
The high court may at any time call for
record of any proceeding either on its own motion or an application received in
which any committee or the board has passed order provided the High Court shall
not pass an order under this section prejudicial to any person without giving
him a reasonable opportunity of being heard.
Section 105 Juvenile justice fund
The State Government may create a fund
for the welfare and rehabilitation of the children dealt with under this Act.
Section 106 State Child Protection
Society and District Child Protection Unit
Every State Government shall constitute
a Child Protection Society for the State and Child Protection Unit for every
District to take up matters relating to children with a view to ensure the
establishment and maintenance of institutions for their rehabilitation and co-ordination
with various official and non-official agencies concerned.
Section 107 Child Welfare Police
Officer and Special Juvenile Police Unit
In every police station, at least one
officer may be designated to exclusively deal with children either as victims
or perpetrators, in co-ordination with the police, voluntary and
non-governmental organisations. Also, to co-ordinate all functions of police
related to children, provided special training, especially at induction as
child welfare police officer, to enable them to perform their functions more effectively
to the Special Juvenile Police Unit.
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