The Juvenile Justice Act, 1986 -...

pd4ml evaluation copy. visit http://pd4ml.com

The Juvenile Justice Act, 1986

The Juvenile Justice Act, 1986

1. Introduction

§1.IntroductionINTRODUCTION

The problem ofjuvenile justice is, no doubt, one of tragic human interest somuch so in fact thatit is not only confined to this country alone but cutsacross national boundaries.Juvenile delinquency laws are characterized by thedenature that they prescribe many actswhich are regarded as non-criminal ifindulged in by elder persons like drinking, smoking,viewing adult films orreading adult literature, etc. The extension of the concept ofjuveniledelinquency towider limits has drawn adverse criticism on the ground that itisneither necessary nor desirable to use police and courts in private matterswhich can bewell tackled by family themselves.

The firstlegislation converning children which came in 1850 was the ApprenticAct which providedthat children in the age group of 10-18 convicted by courtswere intended to be providedwith some vocational training which might helptheir rehabilitation. It was followed byReformatory Schools Act, 1897. TheIndian Jail Committee (1919-1920) brought to the forethe vital need for squaretrial and treatment of young offenders. Its recommendationsprompted theenactment of the Children Act in Madras in 1920. This was followed byBengaland Bombay Acts in 1922 and 1924 respectively. The three poineerstatutes (i.e. Actsconcerning Madras, Bengal and Bombay) were extensivelyamended between 1948 and 1959.

In 1960 at thesecond United Nations Congress on the Prevention of Crime andTreatment of offenders atLondon this issue was discussed and some therapeuticrecommendations were adopted.

The Centralenactment, the Children Act, 1960 was passed to cater to the headsof the UnionTerritories. To remove same inherent lacuane of the abovementioned Act, the Children(Amendment) Act was passed in 1978. But the need ofa uniform legislation regardingjuvenile justice for the whole country had beenexpressed in various fora, includingParliament but it could not be enacted onhe ground that the subject matter of such alegislation fell in the State List


of the Constitution. To bring the operations of thejuvenile justice system inthe country in conformity with the UN Standard Minimum Rules fortheAdministration of Juvenile Justice, Parliament seems to have exercised itspower underArticle 253 of the Constitution read with Entry 14 of the UnionList to make lawfor thewhole of India to fulfill international obligations. On22nd August, 1986, the JuvenileJustice Bill, 1986 was introduced in the LokSabha.

STATEMENTOF OBJECTS AND REASONS

A review of theworking of the existing Children Acts would indicate that muchgreater attention isrequired to be given to children who may be found insituations of social maladjustment,delinquency or neglect. The justice systemas available for adults is not consideredsuitable for being applied tojuvenile. It is also necessary that a uniform juvenilejustice system should beavailable throughout the country which should make adequateprovision fordealing with all aspects in the changing social, cultural andeconomicsituation in the country. There is also need for larger involvement ofinformal systemsand community based welfare agencies in the care, protection,treatment, development andrehabilitation of such juveniles.

In this context,the proposed legislation aims at achieving the followingobjectives:-

(i) To lay down a uniform frame work for juvenile justice in the country so asto ensure that no child under any circumstances is lodged in jail orpolicelock-up. This is being ensured by establishing Juvenile Welfare Boards andJuvenileCourts;

(ii) To provide for a specialised approach towards the prevention andtreatmentof juvenile delinquency in its full range in keeping with the developmentneedsof the child found in any situation of social maladjustment;

(iii) To spell out the machinery and infrastructure required for thecare,protection, treatment, development and rehabilitation of variouscategories of childrencoming within the purview of the juvenile justicesystem. This is proposed to be achievedby establishing observation homes,juvenile homes for neglected juveniles and specialhomes for delinquentjuveniles;

(iv) To establish norms and standards for the administration ofjuvenilejustice in terms of investigation and prosecution, adjudication anddisposition and care,treatment and rehabilitation;


(v) To develop appropriate linkages and coordination between the formalsystemof juvenile justice and voluntary agencies engaged in the welfare of neglectedorsociety maladjusted children and to specifically define the areas oftheirresponsibilities and roles;

(vi) To constitute special offences in relation to juveniles and provideforpunishments therefore;

(vii) To bring the operation of the juvenile justice system in the countryinconformity with the United Nations Standard Minimum Rules for theAdministration ofJuvenile Justice.

As its variousprovisions come into force in different parts of the countrythey would replace thecorresponding laws on the subject such as Children Act,1960 and other State enactments onthe subject.

The Bill seeksto achieve the above objects.

Act 53of 1986

The JuvenileJustice Bill, 1986 was passed by both Houses of Parliament. Afterreceiving the assent ofthe President it came on the Statute Book as theJuvenile Justice Act, 1986 (53 of 1986).

2. Preamble

§2.PreamblePreamble

(53 of1986)

(1stDecember, 1986)

An Actto provide for the care, protection, treatment, development andrehabilitation ofneglected or delinquent juveniles and for the adjudication ofcertain matters relating toand disposition of, delinquent juveniles.

BE itenacted by Parliament in the Thirty-seventh Year of the Republic of Indiaas follows:-


Chapter I Preliminary

3. Short Title, Extent and Commencement.

Chapter I Preliminary

§3.Short Title, Extent and Commencement.1. Shorttitle, extent and commencement. (1) This Act may be called theJuvenile JusticeAct, 1986.

(2) It extendsto the whole of India except the State of Jammu and Kashmir.

(3) It shallcome into force on such date as the Central Government may, bynotification in theOfficial Gazette, appoint and different dates may beappointed for different provisions ofthis Act and for different States.

4. Definition.

§4.Definition.2.Definitions In this Act, unless the context otherwise requires,-(a)"Begging" means -

(i) Solicitingor receiving alms in a public place or entering into any privatepremises for the purposeof soliciting or receiving alms, whether under thepretence of singing, dancing,fortune-telling, performing tricks or sellingarticles or otherwise ;

(ii) Exposing orexhibiting, with the object of obtaining or extorting alms,any sore, wound, injury,deformity or disease, whether of himself or of anyother person or of an animal ;

(iii) Allowingoneself to be used as an exhibit for the purpose of solicitingor receiving alms ;

(b)"Board" means a Juvenile Welfare Board constituted under section 4;

(c)"Brothel", prostitute", "prostitution" and "publicplace" shall have themeanings respectively assigned to them in the Suppression ofImmoral Traffic inWomen and Girls Act, 1956 (104 of 1956) ;

(d)"Competent authority" means, in relation to neglected Juveniles, a Boardand, inrelation to delinquent Juveniles, a Juvenile Court and where no suchBoard or JuvenileCourt has been constituted, includes any court empowered


under sub-section (2) of section7 to exercise the powers conferred on a Boardor Juvenile Court ;

(e)‘Delinquent juvenile’ means a juvenile who has been found to havecommitted anoffence ;

(f) "Fitperson" or "fit institution" means any person or institution (notbeing apolice station or jail) found fit by the competent authority to receiveand take care of ajuvenile entrusted to his or its care and protection on theterms and conditions specifiedby the competent authority ;

(g)‘Guardian’ in relation to a juvenile, includes any person who, in theopinion ofthe competent authority, having cognizance of any proceeding inrelation to a juvenile,has, for the time being, the actual charge of, orcontrol over, that juvenile ;

(h)‘Juvenile’ means a boy who has not attained the age of sixteen years or agirlwho has not attained the age of eighteen years ;

(i)"Juvenile Court" means a court constituted under section 5;

(j)"Juvenile home" means an institution established or certified by theStateGovernment under section 9 as a Juvenile home ;

(k)"Narcotic drug’ and ‘psychotropic substance’ shall have themeaningsrespectively assigned to them in the Narcotic Drugs and psychotropicSubstances Act, 1985(61 of 1985) ;

(l)"Neglected juvenile" means a juvenile who

(i) Is foundbegging ; or

(ii) Is foundwithout having any home or settled place of abode and without anyostensible means ofsubsistence and is destitute ; or

(iii) Has aparent or guardian who is unfit or incapacitated to exercisecontrol over the juvenile ;or

(iv) Lives in abrothel or with a prostitute or frequently goes to any placeused for the purpose ofprostitution, or is found to associate with anyprostitute or any other person who leadsan immoral, drunken or depraved life ;or

(v) Who is beingor is likely to be abused or exploited for immoral or illegalpurposes or unconscionablegain ;


(m)"Observation homes" means any institution or place established orrecognised bythe State Government under section 11 as an observation home ;

(n)"Offence" means an offence punishable under any law for the time being inforce;

(o) "Placeof safety" means any place or institution (not being a policestation or jail), theperson in charge of which is willing temporarily toreceive and take care of a juvenileand which, in the opinion of the competentauthority may be a place of safety for thejuvenile ;

(p)"Prescribed" means prescribed by rules made under this Act;

(q)"Probation officer" means an officer appointed as a probation officer underthisAct or under the Probation of Offenders Act, 1958 (20 of 1958);

(r )"Special home" means an institution established or certified by theStateGovernment under section 10;

(s)"Supervision", in relation to a juvenile placed under the care of anyparent,guardian or other fit person or fit institution under this Act, meansthe supervision ofthat juvenile by a probation officer for the purpose ofensuring that the juvenile isproperly looked after and that the conditionsimposed by the competent authority arecomplied with ;

(t) All wordsand expressions used but not defined in this Act and defined inthe Code of CriminalProcedure, 1973 (2 of 1974), shall have the meaningsrespectively assigned to them in thatCode.

5. Continuation of inquiry in respect of juvenile who has ceasedto be juvenile.

§5.Continuation of inquiry in respect of juvenile who has ceased to bejuvenile.3.Continuation of inquiry in respect of juvenile who has ceased to be ajuvenile. Where an inquiry has been initiated against a juvenile and duringthe course of suchinquiry the juvenile ceases to be such, then,notwithstanding anything contained in thisAct or in any other law for the timebeing in force, the inquiry may be continued andorders may be made in respectof such person if such person had continued to be ajuvenile.


Chapter II Competent Authorities and Institutionsfor Juveniles

6. Juvenile Welfare Boards.

Chapter II Competent Authorities and Institutions for Juveniles

§6.Juvenile Welfare Boards.4.Juvenile Welfare Boards. (1) The State Government may, by notificationinthe Official Gazette, constitute for any area specified in the notification,one or moreJuvenile Welfare Boards for exercising the powers and dischargingthe duties conferred orimposed on such Board in relation to neglectedjuveniles under this Act.

(2) A Boardshall consist of a Chairman and such other members as the StateGovernment thinks fit toappoint, of whom not less than one shall be a woman;and every such member shall be vestedwith the powers of a Magistrate under theCode of Criminal Procedure, 1973 (2 of 1974).

(3) The Boardshall function as a Bench of Magistrates and shall have thepowers conferred by the Codeof Criminal Procedure, 1973 (2 of 1974), on aMetropolitan Magistrate or, as the case maybe, a Judicial Magistrate of thefirst class.

7. Juvenile Courts.

§7.Juvenile Courts.5.Juvenile Courts. (1) Notwithstanding anything contained in the CodeofCriminal Procedure, 1973 (2 of 1974), the State Government may, bynotification in theOfficial Gazette, constitute for any area specified in thenotification, one or moreJuvenile Courts for exercising the powers anddischarging the duties conferred or imposedon such court in relation todelinquent juveniles under this Act.

(2) A JuvenileCourt shall consist of such number of Metropolitan Magistratesor Judicial Magistrates ofthe first class, as the case may be, forming a Benchas the State Government thinks fit toappoint, of whom one shall be designatedas the Principal Magistrate; and every such Benchshall have the powersconferred by the Code of Criminal Procedure, 1973 (2 of 1974), onaMetropolitan Magistrate or, as the case may be , a Judicial Magistrate of thefirst class.


(3) EveryJuvenile Court shall be assisted by a panel of two honorary socialworkers possessing suchqualifications as may be prescribed, of whom at leastone shall be a woman, and such panelshall be appointed by the StateGovernment.

8. Procedure, etc. in relation to Boards and Juvenile Courts.

§8.Procedure, etc. in relation to Boards and Juvenile Courts.6.Procedure, etc., in relation to Boards and Juvenile Courts. (1) In theeventof any difference of opinion among the members of a Board or among theMagistratesof a Juvenile Court, the opinion of the majority shall prevail, butwhere there is no suchmajority, the opinion of the Chairman or of thePrincipal Magistrate, as the case may be,shall prevail.

(2) A Board or Juvenile Court may act notwithstanding the absence of anymemberof the Board or, as the case may be, any Magistrate of the JuvenileCourt, and no ordermade by the Board or Juvenile Court shall be invalid byreason only of the absence of anymember or Magistrate, as the case may be,during any stage of the proceeding.

(3) No person shall be appointed as a member of the Board or as a Magistrateinthe Juvenile Court unless he has, in the opinion of the State Government,specialknowledge of child psychology and child welfare.

9. Powers of Board and Juvenile Court.

§9.Powers of Board and Juvenile Court.7.Powers of Board and Juvenile Court. (1) Where a Board or a JuvenileCourthas been constituted for any area, such Board or Court, shall,notwithstanding anythingcontained in any other law for the time being in forcebut save as otherwise expresslyprovided in this Act have power to dealexclusively with all proceedings under this Actrelating to neglected juvenilesor delinquent juveniles, as the case may be :

Provided that aBoard or a Juvenile Court may, if it is of opinion that it isnecessary so to do havingregard to the circumstances of the case, transfer anyproceedings to any Juvenile Court orBoard, as the case may be :

Provided furtherthat where there is any difference of opinion between a Boardand a Juvenile Courtregarding the transfer of any proceedings under the firstproviso, it shall be referred tothe Chief Metropolitan Magistrate or, as thecase may be, the Chief Judicial Magistratefor decision, and in a case where


the District Magistrate is functioning as a Board or aJuvenile Court, suchdifference of opinion shall be referred to the Court of Session, andthedecision of the Chief Metropolitan Magistrate or Chief Judicial Magistrate or,as thecase may be, the Court of Session on such reference shall be final.

(2) Where noBoard or Juvenile Court has been constituted for any area, thepowers conferred on theBoard or the Juvenile Court by or under this Act shallbe exercised in that area, only bythe following, namely :-

(a) The DistrictMagistrate ; or

(b) TheSub-Divisional Magistrate ; or

(c ) AnyMetropolitan Magistrate or Judicial Magistrate of the first class, asthe case may be.

(3) The powersconferred on the Board or Juvenile Court by or under this Actmay also be exercised by theHigh Court and the Court of Session, when theproceeding comes before them in appeal,revision or otherwise.

10. Procedure to be followed by a Magistrate not empowered underthe Act.

§10.Procedure to be followed by a Magistrate not empowered under the Act.8.Procedure to be followed by a Magistrate not empowered under the Act. (1)When any Magistrate not empowered to exercise the powers of a Board or aJuvenile Courtunder this Act is of opinion that a person brought before himunder any of the provisionsof this Act (otherwise than for the purpose ofgiving evidence) is a juvenile, he shallrecord such opinion and forward thejuvenile and the record of the proceeding to thecompetent authority havingjurisdiction over the proceeding.

(2) Thecompetent authority to which the proceeding is forwarded under sub-section (1) shall holdthe inquiry as if the juvenile had originally beenbrought before it.

11. Juvenile homes.

§11.Juvenile homes.9.Juvenile homes. (1) The State Government may establish and maintain asmanyjuvenile homes as may be necessary for the reception of neglected juvenilesunderthis Act.


(2) Where theState Government is of opinion that nay institution other than ahome established ormaintained under sub-section (1) is fit for the receptionof the neglected juveniles to besent there under this Act, it may certify suchinstitution as a juvenile home for thepurpose of this Act.

(3) Everyjuvenile home to which a neglected juvenile is sent under this Actshall not only providethe juvenile with accommodation, maintenance andfacilities for education, vocationaltraining and rehabilitation, but alsoprovide him with facilities for the development ofhis character and abilitiesand give him necessary training for protecting himself againstmoral danger orexploitation and shall also perform such other functions as may beprescribedto ensure all round growth and development of his personality.

(4) The StateGovernment may, by rules made under this Act, provide for themanagement of juvenilehomes, including the standards and the nature ofservices to be maintained by them and thecircumstances under which, and themanner in which, the certification of a juvenile homemay be granted orwithdrawn.

12. Special homes.

§12.Special homes.10.Special homes. (1) The State Government may establish and maintain asmanyspecial homes as may be necessary for the reception of delinquentjuveniles under thisAct.

(2) Where theState Government is of opinion that any institution other than ahome established ormaintained under sub-section (1) is fit for the receptionof the delinquent juveniles tobe sent there under this Act, it may certifysuch institution as a special home for thepurposes of this Act.

(3) Everyspecial home to which a delinquent juvenile is sent under this Actshall not only providethe juvenile with accommodation, maintenance andfacilities for education, vocationaltraining and rehabilitation, but alsoprovide him with facilities for the development ofhis character and abilitiesand give him necessary training for his reformation and shallalso perform suchother functions as may be prescribed to ensure all round growth anddevelopmentof his personality.

(4) The StateGovernment may, by rules made under this Act, provide for themanagement of special homes,including the standards and the nature of servicesto be maintained by them, and thecircumstances under which, and the manner inwhich, the certification of a special homemay be granted or withdrawn.


(5) The rulesmade under sub-section (4) may also provide for theclassification and separation ofdelinquent juveniles on the basis of age andnature of offences committed by them.

13. Observation homes.

§13.Observation homes.11.Observation homes. (1) The State Government may establish and maintainasmany observation homes as may be necessary for the temporary reception ofjuveniles duringthe pendency of any inquiry regarding them under this Act.

(2) Where theState Government is of opinion that any institution other than ahome established ormaintained under sub-section (1) is fit for the temporaryreception of juveniles duringthe pendency of any inquiry regarding them underthis Act it may recognise suchinstitution as an observation home for thepurposes of this Act.

(3) Everyobservation home to which a juvenile is sent under this Act shall notonly provide thejuvenile with accommodation, maintenance and facilities formedical examination andtreatment but also provide him with facilities foruseful occupation.

(4) The StateGovernment may, by rules made under this Act provide for themanagement of observationhomes, including the standards and the nature ofservices to be maintained by them, andthe circumstances under which, and themanner in which, an institution may be recognisedas an observation home or therecognition may be withdrawn.

14. After-care organisations.

§14.After-care organisations.12.After-care organisations. The State Government may, by rules madeunderthis Act, provide (a) For the establishment or recognition of after-careorganisations and the powers that may be exercised by them for effectivelycarrying outtheir functions under this Act :

(b) For a schemeof after-care programme to be followed by such after-careorganisations for the purpose oftaking care of juveniles after they leavejuvenile homes or special homes and for thepurpose of enabling them to lead anhonest, industrious and useful life ;

(c ) For thepreparation or submission of a report by the probation officer in


respect of each juvenileprior to his discharge from a juvenile home or specialhome, as the case may be, regardingthe necessity and nature of after-care ofsuch juvenile, the period of such after-care,supervision thereof and for thesubmission of a report by the probation officer on theprogress of each suchjuvenile ;

(d) For thestandards and the nature of services to be maintained by suchafter-care organisations ;

(e) For suchother matters as may be necessary for the purpose of effectivelycarrying out the schemeof after-care programme of juveniles.

Chapter III Neglected Juveniles

15. Production of neglected juveniles before Boards.

Chapter III Neglected Juveniles

§15.Production of neglected juveniles before Boards.13.Production of neglected juveniles before Boards. (1) If any policeofficeror any other person or organisation authorised by the State Governmentin this behalf, bygeneral or special order, is of opinion that a person isapparently a neglected juvenile,such police officer or other person ororganisation may take charge of that person forbringing him before a Board.

(2) Wheninformation is given to an officer-in-charge of a police station aboutany neglectedjuvenile found within the limits of such station, he shall enterin a book to be kept forthe purpose the substance of such information and takesuch action thereon as be deems fitand if such officer does not propose totake charge of the juvenile, he shall forward acopy of the entry made to theBoard.

(3) Everyjuvenile taken charge of under sub-section (1) shall be broughtbefore the Board withoutany loss of time but within a period of twenty-fourhours of such charge taken excludingthe time necessary for the journey fromthe place where the juvenile had been taken chargeof to the Board.

(4) Everyjuvenile taken charge of under sub-section (1) shall, unless he iskept with his parent orguardian, be sent to an observation home (but not to apolice station or jail) until hecan be brought before a Board.

16. Special procedure to be followed when neglected juvenile has


parents.

§16.Special procedure to be followed when neglected juvenile has parents.14.Special procedure to be followed when neglected juvenile has parents. (1)If a person, who in the opinion of the police officer or the authorisedperson ororganisation is a neglected juvenile, has a parent or guardian whohas the actual chargeof, or control over, the juvenile, the police officer orthe authorised person or theorganisation may, instead of taking charge of thejuvenile, make a report to the Board forinitiating an inquiry regarding thatjuvenile.

(2) On receiptof a report under sub-section (1), the Board may call upon theparent or guardian toproduce the juvenile before it and to show cause why thejuvenile should not be deal withas a neglected juvenile under the provisionsof this Act and if it appears to the Boardthat the juvenile is likely to beremoved from its jurisdiction or to be concealed, it mayimmediately order hisremoval (if necessary by issuing a search warrant for the immediateproductionof the juvenile) to an observation home or a place of safety.

17. Inquiry by Board regarding neglected juveniles.

§17.Inquiry by Board regarding neglected juveniles.15.Inquiry by Board regarding neglected juveniles. (1) When a personallegedto be a neglected juvenile is produced before a Board, it shall examinethe police officeror the authorised person or the organisation who brought thejuvenile or made the reportand record the substance of such examination andhold the inquiry in the prescribed mannerand may make such orders in relationto the juvenile as it may deem fit.

(2) Where aBoard is satisfied on inquiry that a juvenile is a neglectedjuvenile and that it isexpedient so to deal with him, the Board may make anorder directing the juvenile to besent to a juvenile home for the period untilhe ceases to be a juvenile :

Provided furtherthat the Board may, if it is satisfied that having regard tothe circumstances of the caseit is expedient so to do, for reasons to berecorded, reduce the period of stay to suchperiod as it thinks fit.

(3) During thependency of any inquiry regarding a juvenile, the juvenileshall, unless he is kept withhis parent or guardian, be sent to an observationhome or a place of safety for suchperiod as may be specified in the order ofthe Board :


Provided that nojuvenile shall be kept with his parent or guardian if, in theopinion of the Board, suchparent or guardian is unfit or unable to exercise ordoes not exercise proper care andcontrol over the juvenile.

18. Power to commit neglected juvenile to suitable custody.

§18.Power to commit neglected juvenile to suitable custody.16.Power to commit neglected juvenile to suitable custody. (1) If the Boardsothinks fit, it may, instead of making an order under sub-section (2) ofsection 15, forsending the juvenile to a juvenile home, make an order placingthe juvenile under the careof a parent, guardian or other fit person, on suchparent, guardian or fit personexecuting a bond with or without surety to beresponsible for the good behavior andwell-being of the juvenile and for theobservance of such conditions as the Board maythink fit to impose.

(2) At the timeof making an order under sub-section (1) or at any timesubsequently, the Board may, inaddition, make an order that the juvenile beplaced under supervision for any period notexceeding three years in the firstinstance.

(3)Notwithstanding anything contained in sub-section (1) or sub-section (2),if at any timeit appears to the Board, on receiving a report from theprobation officer or otherwise,that there has been a breach of any of theconditions imposed by it in respect of thejuvenile, it may, after making suchinquiry as it deems fit, order the juvenile to be sentto a juvenile home.

19. Uncontrollable juveniles.

§19.Uncontrollable juveniles.17.Uncontrollable juveniles. Where a parent or guardian of ajuvenilecomplaints to the Board that he is not able to exercise proper careand control over thejuvenile and the Board is satisfied on inquiry thatproceedings under this Act should beinitiated regarding the juvenile, it maysend the juvenile to an observation home or aplace of safety and make suchfurther inquiry as it may deem fit and the provisions ofsection 15 and section16 shall, as far as may be, apply to such proceedings.

Chapter IV Delinquent Juveniles.

20. Bail and custody of juveniles.


Chapter IV Delinquent Juveniles.

§20.Bail and custody of juveniles.18. Bailand custody of juveniles. (1) When any person accused of a bailableornon-bailable offence and apparently a juvenile is arrested or detained orappears or isbrought before a Juvenile Court, such person shall,notwithstanding anything contained inthe Code of Criminal Procedure, 1973 (2of 1974), or in any other law for the time beingin force, be released on bailwith or without surety but he shall not be so released ifthere appearreasonable grounds for believing that the release is likely to bring himintoassociation with any known criminal or expose him to moral danger or thathis releasewould defeat the ends of justice.

(2) When suchperson having been arrested is not released on bail under sub-section (1) by theofficer-in-charge of the police station, such officer shallcause him to be kept in anobservation home or a place of safety in theprescribed manner (but not in a policestation or jail) until he can be broughtbefore a Juvenile Court.

(3) When suchperson is not released on bail under sub-section (1) by theJuvenile Court it shall,instead of committing him to prison, make an ordersending him to an observation home or aplace of safety for such period duringthe pendency of the inquiry regarding him as may bespecified in the order.

21. Information to parent or guardian or probation officer.

§21.Information to parent or guardian or probation officer.19.Information to parent or guardian or probation officer. Where a juvenileisarrested, the officer-in-charge of the police station to which the juvenile isbroughtshall, as soon as may be after the arrest, inform

(a) The parentor guardian of the juvenile, if he can be found, of such arrestand direct him to bepresent at the Juvenile Court before which the juvenilewill appear; and

(b) Theprobation officer of such arrest in order to enable him to obtaininformation regardingthe antecedents and family history of the juvenile andother material circumstances likelyto be of assistance of the Juvenile Courtfor making the inquiry.


22. Inquiry by Juvenile Court regarding delinquent juveniles.

§22.Inquiry by Juvenile Court regarding delinquent juveniles.20.Inquiry by Juvenile Court regarding delinquent juveniles. Where ajuvenilehaving been charged with an offence appears or is produced before aJuvenile Court shallhold the inquiry in accordance with the provisions ofsection 39 and may, subject to theprovisions of this Act, make such order inrelation to the juvenile as it deems fit.

23. Orders that may be passed regarding delinquent juveniles.

§23.Orders that may be passed regarding delinquent juveniles.21.Orders that may be passed regarding delinquent juveniles. (1) WhereaJuvenile Court is satisfied on inquiry that a juvenile has committed anoffence, then,notwithstanding anything to the contrary contained in any otherlaw for the time being inforce, the Juvenile Court may, if it so thinks fit, -

(a) Allow thejuvenile to go home after advice or admonition ;

(b) Direct thejuvenile to be released on probation of good conduct and placedunder the care of anyparent, guardian or other fit person, on such parent,guardian or other fit personexecuting a bond, with or without surety as thatcourt may require, for the good behaviorand well-being of the juvenile for anyperiod not exceeding three years ;

(c ) Direct thejuvenile to be released on probation of good conduct and placedunder the care of any fitinstitution for the good behavior and well-being ofthe juvenile for any period notexceeding three years ;

(d) Make anorder directing the juvenile to be sent to a special home, -

(i) In the caseof a boy over fourteen years of age or of a girl over sixteenyears of age, for a periodof not less than three years ;

(ii) In the caseof any other juvenile, for the period until he ceases to be ajuvenile ;

Provided thatthe Juvenile Court may, if it is satisfied that having regard tothe nature of the offenceand the circumstances of the case it is expedient soto do, for reasons to be recorded,reduce the period of stay to such period asit thinks fit :

Provided furtherthat the Juvenile Court may, for reasons to be recorded,


extend the period of such stay,but in no case the period of stay shall extendbeyond the time when the juvenile attainsthe age of eighteen years, in thecase of a boy, or twenty years in the case of a girl ;

(e) Order thejuvenile to pay a fine if he is over fourteen years of age andearns money.

(2) Where anorder under clause (b), clause (c ) or clause (e) of sub-section(1) is made, the JuvenileCourt may, if it is of opinion that in the interestsof the juvenile and of the public itis expedient so to do, in addition make anorder that the delinquent juvenile shall remainunder the supervision of aprobation officer named in the order during such period, notexceeding threeyears, as may be specified therein, and may in such supervision orderimposesuch conditions as it deems necessary for the due supervision of thedelinquentjuvenile :

Provided that ifat any time afterwards it appears to the Juvenile Court onreceiving a report from theprobation officer or otherwise, that the delinquentjuvenile has not been of good behaviorduring the period of supervision or thatthe fit institution under whose care the juvenilewas placed is no longer ableor willing to ensure the good behavior and well-being of thejuvenile it mayafter making such inquiry as it deems fit, order the delinquent juvenileto besent to a special home.

(3) The JuvenileCourt making a supervision order under sub-section (2), shallexplain to the juvenile andthe parent, guardian or other fit person or fitinstitution, as the case may be, underwhose care the juvenile has been placedthe terms and conditions of the order and shallforthwith furnish one copy ofthe supervision order to the juvenile, the parent, guardianor fit institution,as the case may be, the sureties, if any, and the probation officer.

(4) Indetermining the special home, or any person or institution to whosecustody a juvenile isto be committed or entrusted under this Act, the courtshall pay due regard to thereligious denomination of the juvenile to ensurethat religious instruction contrary tothe religious persuasion of the juvenileis not imparted to him.

24. Orders that may not be passed against delinquent juvenile.

§24.Orders that may not be passed against delinquent juvenile.22.Orders that may not be passed against delinquent juvenile. (1)Notwithstanding anything to the contrary contained in any other law for thetime being inforce, no delinquent juvenile shall be sentenced to death orimprisonment, or committed toprison in default of payment of fine or in


default of furnishing security :

Provided thatwhere a juvenile who has attained the age of fourteen years hascommitted an offence andthe Juvenile Court is satisfied that the offencecommitted is of so serious a nature orthat his conduct and behavior have beensuch that it would not be in his interest or inthe interest of other juvenilein a special home to send him to such special home and thatnone of the othermeasures provided under this Act is suitable or sufficient, the JuvenileCourt,may order the delinquent juvenile to be kept in safe custody in such placeandmanner as it thinks fit and shall report the case for the orders of theState Government.

(2) On receiptof a report from a Juvenile Court under sub-section (1), theState Government may makesuch arrangement in respect of the juvenile as itdeems proper and may order suchdelinquent juvenile to be detained at suchplace and on such conditions as it thinks fit :

Provided thatthe period of detention so ordered shall not exceed the maximumperiod of imprisonment towhich juvenile could have been sentenced for theoffence committed.

25. Proceeding under Chapter VIII of the Code of CriminalProcedure not competent against juvenile.

§25.Proceeding under Chapter VIII of the Code of Criminal Procedure notcompetent against juvenile.23.Proceeding under Chapter VIII of the Code of Criminal Procedure notcompetent againstjuvenile. Notwithstanding anything to the contrary containedin the Codeof Criminal Procedure, 1973 (2 of 1974), no proceeding shall beinstituted and no ordershall be passed against a juvenile under Chapter VIIIof the said Code.

26. No joint trial of juvenile and person not a juvenile.

§26.No joint trial of juvenile and person not a juvenile.24. Nojoint trial of juvenile and person not to juvenile. (1)Notwithstandinganything contained in section 223 of the Code of CriminalProcedure, 1973 (2 of 1974), orin any other law for the time being in force,no juvenile shall be charged with or triedfor, any offence together with aperson who is not a juvenile.

(2) If ajuvenile is accused of an offence for which under section 223 of the


Code of CriminalProcedure, 1973 (2 of 1974), or any other law for the timebeing in force, such juvenileand any person who is not a juvenile would, butfor the prohibition contained insub-section (1), have been charged and triedtogether, the court taking cognizance of thatoffence shall direct separatetrials of the juvenile and the other person.

27. Removal of disqualification attaching to conviction.

§27.Removal of disqualification attaching to conviction.25.Removal of disqualification attaching to conviction. Notwithstandinganything contained in any other law, a juvenile who hascommitted an offence and has beendealt with under the provisions of this Actand shall not suffer disqualification, if any,attaching to a conviction of anoffence under such law.

28. Special provision in respect of pending cases.

§28.Special provision in respect of pending cases.26.Special provision in respect of pending cases. Notwithstandinganythingcontained in this Act, all proceedings in respect of a juvenilepending in any court inany area on the date on which this Act comes into forcein that area, shall be continuedin that court as if this Act had not beenpassed and if the court finds that the juvenilehas committed an offence, itshall record such finding and instead of passing any sentencein respect of thejuvenile, forward the juvenile to the Juvenile Court which shall passorders inrespect of that juvenile in accordance with the provisions of this Act as ifithad been satisfied on inquiry under this Act that the juvenile has committedthe offence.

Chapter V Procedure of competent authoritiesgenerally and appeals and revision from orders ofsuch authorities.

29. Sittings, etc. of Boards and Juvenile Courts.

Chapter V Procedure of competent authorities generally and appeals andrevision from orders of such authorities.

§29.Sittings, etc. of Boards and Juvenile Courts.27.Sittings, etc., of Boards and Juvenile Courts. (1) A Board or a


JuvenileCourt shall hold its sittings at such place, on such day and in suchmanner, as may beprescribed.

(2) A Magistrateempowered to exercise the powers of a Board or, as the casemay be, a Juvenile Court undersub-section (2) of section 7 shall, whileholding any inquiry regarding a juvenile underthis Act, as far as practicable,sit in a building or room different from that in whichthe ordinary sittings ofCivil and Criminal Courts are held, or on different days or attimes differentfrom those at which the ordinary sittings of such courts are held.

(3) An inquiryregarding a juvenile under this Act shall be held expeditiouslyand shall ordinarily becompleted within a period of three months from the dateof its commencement, unless, forspecial reasons to be recorded in writing, thecompetent authority otherwise directs.

30. Persons who may be present before competent authority.

§30.Persons who may be present before competent authority.28.Persons who may be present before competent authority. (1) Save asprovidedin this Act, no person shall be present at any sitting of a competentauthority,except (a) Any officer of the competent authority, or

(b) The partiesto the inquiry before the competent authority, the parent orguardian of the juvenile andother persons directly concerned in the inquiryincluding police officers and legalpractitioners, or

(c) Such otherpersons as the competent authority may permit to be present.

(2)Notwithstanding anything contained in sub-section (1), if at any stageduring an inquiry acompetent authority considers it to be expedient in theinterest of the juvenile or ongrounds of decency or morality that any personincluding the police officers, legalpractitioners, the parent, guardian or thejuvenile himself should withdraw, the competentauthority may give suchdirection, and if any person refuses to comply with suchdirection, thecompetent authority may have him removed and may, for this purpose, causeto beused such force as may be necessary.

(3) No legalpractitioner shall be entitled to appear before a Board in anycase or proceeding beforeit, except with the special permission of that Board.

31. Attendance of parent or guardian of juvenile.


§31.Attendance of parent or guardian of juvenile.29.Attendance of parent or guardian of juvenile. Any competentauthoritybefore which a juvenile is brought under any of the provisions ofthis Act may, wheneverit so thinks fit, require any parent or guardian havingthe actual charge of, or controlover, the juvenile to be present at anyproceeding in respect of the juvenile.

32. Dispensing with attendance of juvenile.

§32.Dispensing with attendance of juvenile.30.Dispensing with attendance of juvenile. If, at any stage during thecourseof an inquiry, a competent authority is satisfied that the attendance ofthe juvenile isnot essential for the purpose of the inquiry, the competentauthority may dispense withhis attendance and proceed with the inquiry in theabsence of the juvenile.

33. Committal to approved place of juvenile suffering fromdangerous disease and his future disposal.

§33.Committal to approved place of juvenile suffering from dangerous diseaseand his future disposal.31.Committal to approved place of juvenile suffering from dangerous diseaseand his futuredisposal. (1) When a juvenile who has been brought before acompetentauthority under this Act is found to be suffering from a diseaserequiring prolongedmedical treatment or physical or mental complaint that willrespond to treatment, thecompetent authority may send the juvenile to anyplace recognised to be an approved placein accordance with the rules madeunder this Act for such period as it may think necessaryfor the requiredtreatment.

(2) Where ajuvenile is found to be suffering from leprosy or is of unsoundmind, he shall be dealtwith under the provisions of the Lepers Act, 1898 (3 of1898), or the Indian Lunacy Act,1912 (4 of 1912), as the case may be.

(3) Where acompetent authority has taken action under sub-section (1) in thecase of juvenilesuffering from an infectious or contagious disease, thecompetent authority beforerestoring the said juvenile to his partner inmarriage, if there has been such, or to theguardian, as the case may be,shall, where it is satisfied that such action will be in theinterest of thesaid juvenile call upon his partner in marriage or the guardian, as thecasemay be, to satisfy the competent authority by submitting to medicalexamination thatsuch partner or guardian will not re-infect the juvenile in


respect of whom the order hasbeen passed.

34. Presumption and determination of age.

§34.Presumption and determination of age.32.Presumption and determination of age. (1) Where it appears to acompetentauthority that a person brought before it under any of the provisionsof this Act(otherwise than for the purpose of giving evidence) is a juvenile,the competent authorityshall make due inquiry as to the age of that person andfor that purpose shall take suchevidence as may be necessary and shall recorda finding whether the person is a juvenileor not, stating his age as nearly asmay be.

(2) No order ofa competent authority shall be deemed to have become invalidmerely by any subsequentproof that the person in respect of whom the order hasbeen made is not a juvenile, andthe age recorded by the competent authority tobe the age of the person so brought beforeit shall, for the purposes of thisAct, be deemed to be the true age of that person.

35. Circumstances to be taken into consideration in making ordersunder the Act.

§35.Circumstances to be taken into consideration in making orders under theAct.33.Circumstances to be taken into consideration in making orders under theAct. Inmaking any order in respect of a Juvenile under this Act, a competentauthority shall takeinto consideration the following circumstances, namely :-

(a) The age ofthe juvenile ;

(b) The state ofphysical and mental health of the juvenile ;

(c) Thecircumstances in which the juvenile was and is living ;

(d) The reportsmade by the probation officer ;

(e) Thereligious persuasion of the juvenile ;

(f) Such othercircumstances as may, in the opinion of the competent authority,require to be taken intoconsideration in the interest of the welfare of thejuvenile :


Provided that inthe case of a delinquent juvenile, the above circumstancesshall be taken intoconsideration after the Juvenile Court has recorded afinding against the juvenile that hehas committed the offence :

Provided furtherthat if no report of the probation officer is received withinten weeks of his beinginformed under section 19, it shall be open to theJuvenile Court to proceed without it.

36. Sending a juvenile outside jurisdiction.

§36.Sending a juvenile outside jurisdiction.34.Sending a juvenile outside jurisdiction. In the case of a neglectedordelinquent juvenile whose ordinary place of residence lies outside thejurisdiction of thecompetent authority before which he is brought, thecompetent authority may, if satisfiedafter due inquiry that it is expedient soto do, send the juvenile back to a relative orother person who is fit andwilling to receive him at his ordinary place of residence andexercise propercare and control over him, notwithstanding that such place of residenceisoutside the jurisdiction of the competent authority ; and the competentauthorityexercising jurisdiction over the place to which the juvenile is sentshall in respect ofany matter arising subsequently have the same powers inrelation to the juvenile as if theoriginal order had been passed by itself.

37. Report to be treated as confidential.

§37.Report to be treated as confidential.35.Reports to be treated as confidential. The report of the probationofficeror any circumstance considered by the competent authority under section33 shall betreated as confidential :

Provided thatthe competent authority may, if it so thinks fit, communicate thesubstance thereof to thejuvenile or his parent or guardian and may give suchjuvenile, parent or guardian anopportunity of producing such evidence as maybe relevant to the matter stated in thereport.

38. Prohibition of publication names, etc. of juveniles involvedin any proceeding under the Act.

§38.Prohibition of publication names, etc. of juveniles involved in anyproceeding under the Act.36.Prohibition of publication of names, etc., of juveniles involved in any


proceeding underthe Act. (1) No report in any newspaper, magazine or news-sheet of anyinquiry regarding a juvenile under this Act shall disclose thename, address or school orany other particulars calculated to lead to theidentification of the juvenile nor shallany picture of any such juvenile bepublished :

Provided thatfor reasons to be recorded in writing, the authority holding theinquiry may permit suchdisclosure, if in its opinion such disclosure is in theinterest of the juvenile.

(2) Any personcontravening the provisions of sub-section (1) shall bepunishable with fine which mayextend to one thousand rupees.

39. Appeals.

§39.Appeals.37.Appeals. (1) Subject to the provisions of this section, anypersonaggrieved by an order made by a competent authority under this Act may,within thirty daysfrom the date of such order, prefer an appeal to the Courtof Session :

Provided thatthe Court of Session may entertain the appeal after the expiry ofthe said period ofthirty days if it is satisfied that the appellant wasprevented by sufficient cause fromfiling the appeal in time.

(2) No appealshall lie from

(a) Any order ofacquittal made by the Juvenile Court in respect of a juvenilealleged to have committed anoffence ; or

(b) Any ordermade by a Board in respect of a finding that a person is not aneglected juvenile.

(3) No secondappeal shall lie from any order of the Court of Session passed inappeal under thissection.

40. Revision.

§40.Revision.38.Revision. The High Court may, at any time, either of its own motion oronan application received in this behalf, call for the record of anyproceeding in which anycompetent authority or Court of Session has passed an


order for the purpose of satisfyingitself as to the legality or propriety ofany such order and may pass such order inrelation thereto as it thinks fit :

Provided thatthe High Court shall not pass an order under this sectionprejudicial to any person to anyperson without giving him a reasonableopportunity of being heard.

41. Procedure in inquiries, appeals and revision proceedings.

§41.Procedure in inquiries, appeals and revision proceedings.39.Procedure in inquiries, appeals and revision proceedings. (1) Saveasotherwise expressly provided by this act, a competent authority whileholding any inquiryunder any of the provisions of this Act, shall follow suchprocedure as may be prescribedand subject thereto, shall follow, as far as maybe, the procedure laid down in the Codeof Criminal Procedure, 1973 (2 of1974), for trials in summons cases.

(2) Save asotherwise expressly provided by or under this Act, the procedure tobe followed in hearingappeals or revision proceedings under this Act shall be,as far as practicable, inaccordance with the provisions of the Code ofCriminal Procedure, 1973 (2 of 1974).

42. Power to amend orders.

§42.Power to amend orders.40.Power to amend orders. (1) Without prejudice to the provisions forappealand revision under this Act, any competent authority may, either on itsown motion or onan application received in this behalf, amend any order as tothe institution to which ajuvenile is to be sent or as to the person underwhose care or supervision a juvenile isto be placed under this Act.

(2) Clericalmistakes in orders passed by a competent authority or errorsarising therein from anyaccidental slip or omission may, at any time, becorrected by the competent authorityeither on its own motion or on anapplication received in this behalf.

Chapter VI Special offences in respect of Juveniles

43. Punishment for cruelty to juvenile.

Chapter VI Special offences in respect of Juveniles


§43.Punishment for cruelty to juvenile.41.Punishment for cruelty to juvenile. (1) Whoever, having the actualchargeof, or control over, a juvenile, assaults, abandons, exposes orwillfully neglects thejuvenile or causes or procures him to be assaulted,abandoned, exposed or neglected in amanner likely to cause such juvenileunnecessary mental or physical suffering shall bepunishable with imprisonmentfor a term which may extend to six months, or with fine, orwith both.

(2) No courtshall take cognizance of an offence punishable under sub-section(1) unless the complaintis filed with the previous sanction of the State ofthe Government or an officerauthorised by it in this behalf.

44. Employment of juveniles for begging.

§44.Employment of juveniles for begging.42.Employment of juveniles for begging. (1) Whoever employs or usesanyjuvenile for the purposes of begging or causes any juvenile to beg shall bepunishablewith imprisonment for a term which may extend to three years andshall also be liable tofine.

(2) Whoever,having the actual charge of, or control over, a juvenile abets thecommission of theoffence punishable under sub-section (1) shall be punishablewith imprisonment for a termwhich may extend to one year and shall also beliable to fine.

(3) The offencepunishable under this section shall be cognizable.

45. Penalty for giving intoxicating liquor or narcotic drug orpsychotropic substance to a juvenile.

§45.Penalty for giving intoxicating liquor or narcotic drug or psychotropicsubstance to a juvenile.43.Penalty for giving intoxicating liquor or narcotic drug or psychotropicsubstance to ajuvenile. Whoever gives, or causes to be given, to any juvenileanyintoxicating liquor in a public place or any narcotic drug or psychotropicsubstanceexcept upon the order of a duly qualified medical practitioner or incase of sicknessshall be punishable with imprisonment for a term which mayextend to three years and shallalso be liable to fine.

46. Exploitation of juvenile employees.


§46.Exploitation of juvenile employees.44.Exploitation of juvenile employees. Whoever ostensibly procures ajuvenilefor the purpose of any employment and withholds the earnings of thejuvenile or uses suchearnings for his own purposes shall be punishable withimprisonment for a term which mayextend to three years and shall also beliable to fine.

47. Alternative punishments.

§47.Alternative punishments.45.Alternative punishments. Where an act or omission constitutes anoffencepunishable under this Act and also under any other Central or StateAct, then,notwithstanding anything contained in any law for the time being inforce, the offenderfound guilty of such offence shall be liable to punishmentonly under such Act as providesfor punishment which is greater in degree.

Chapter VII Miscellaneous

48. Power of State Government to discharge and transferjuveniles.

Chapter VII Miscellaneous

§48.Power of State Government to discharge and transfer juveniles.46.Power of State Government to discharge and transfer juveniles. (1)TheState Government may, notwithstanding anything contained in this Act, atany time, order aneglected or delinquent juvenile to be discharged from thejuvenile home or special home,either absolutely or on such conditions as itmay think fit to impose.

(2) The StateGovernment may, notwithstanding anything contained in this Act,order

(a) A neglectedjuvenile to be transferred from one juvenile home to another,

(b) A delinquentjuvenile to be transferred from one special home to another orfrom a special home to aborstal school where such school exists or from aspecial home to a juvenile home ;

(c ) A neglectedjuvenile or a delinquent juvenile to be transferred from ajuvenile home or a special hometo a fit person or a fit institution ;


(d) A juvenilewho has been released on licence which has been revoked orforfeited, to be sent to thespecial home or juvenile home from which he wasreleased or to any other juvenile home orspecial home or borstal school :

Provided thatthe total period of the stay of the juvenile home or a specialhome or a fit institutionor under a fit person shall not be increased by suchtransfer.

(3) The StateGovernment may, notwithstanding anything contained in this Act,at any time, discharge ajuvenile from the care of any person under whom he wasplaced under this Act eitherabsolutely or on such conditions as may think fitto impose.

49. Transfers between juvenile homes, etc. under the Act, andjuvenile homes, etc. of like nature in different parts of India.

§49.Transfers between juvenile homes, etc. under the Act, and juvenile homes,etc. of like nature in different parts of India.47.Transfers between juvenile homes, etc., under the Act, and juvenile homes,etc., of likenature in different part of India. (1) The Government of a Statemaydirect any neglected juvenile or delinquent juvenile to be transferred fromany juvenilehome or special home within the State to any other juvenile home,special home, orinstitution of a like nature in any other State with theconsent of the Government of thatState.

(2) TheGovernment of a State may, by general or special order, provide for thereception in ajuvenile home or special home within the State of a neglectedjuvenile or delinquentjuvenile detained in a juvenile home or special home orinstitution of a like nature inany other State where the Government of thatState makes an order for such transfer, andupon such transfer the provisionsof this Act shall apply to such juvenile as if he hadbeen originally orderedto be sent to such juvenile home or special home under this Act.

50. Transfer of juveniles of unsound mind or suffering.

§50.Transfer of juveniles of unsound mind or suffering.48.Transfer of juveniles of unsound mind or suffering from leprosy or addictedto drugs. (1) Where it appears to the State Government that any juvenile keptin aspecial home or juvenile home or institution in pursuance of this Act issuffering fromleprosy or is of unsound mind, or is addicted to any narcoticdrug or psychotropicsubstance, the State Government may order his removal to aleper asylum or mental hospitalor treatment center for drug addicts or other


place of safe custody for being kept therefor such period not exceeding theperiod for which he is required to be kept in custodyunder the orders of thecompetent authority or for such further period as may be certifiedby themedical officer to be necessary for the proper treatment of the juvenile.

(2) Where itappears to the State Government that the juvenile is cured ofleprosy or of unsoundness ofmind or drug addiction it may, if the juvenile isstill liable to be kept in custody,order the person having charge of thejuvenile to send him to the special home or juvenilehome or institution fromwhich he was removed or, if the juvenile is no longer liable tobe kept incustody order him to be discharged.

51. Placing out on licence.

§51.Placing out on licence.49.Placing out on licence. (1) When a juvenile is kept in a juvenile homeorspecial home, the State Government may, if it so thinks fit, release thejuvenile from thejuvenile home or special home and grant him a written licencefor such period and on suchconditions as may be specified in the licencepermitting him to live with, or under thesupervision of, any responsibleperson named in the licence willing to receive and takecharge of him with aview to educate him and train him for some useful trade or calling.

(2) Any licenceso granted under sub-section (1) shall be in force for theperiod specified in the licenceor until revoked or forfeited by the breach ofany of the conditions on which it wasgranted.

(3) The StateGovernment may, at any time, by order in writing, revoke any suchlicence and order thejuvenile to return to the juvenile home or special homefrom which he was released or toany other juvenile home or special home, andshall do so at the desire of the person withwhom or under whose supervisionthe juvenile has been permitted to live in accordance witha licence grantedunder sub-section (1).

(4) When alicence has been revoked or forfeited and the juvenile refuses orfails to return to thespecial home or juvenile home to which he was directedso to return, the State Government,if necessary, cause him to be taken chargeof and to be taken back to the special home orjuvenile home.

(5) The timeduring which a juvenile is absent from a special home or juvenilehome in pursuance of alicence granted under this section shall be deemed to bepart of the time for which he isliable to be kept in custody in the specialhome or juvenile home :


Provided thatwhen a juvenile has failed to return to the special home orjuvenile home on the licencebeing revoked or forfeited, the time which elapsesafter his failure so to return shall beexcluded in computing the time duringwhich he is liable to be kept in custody.

52. Provision in respect of escaped juveniles.

§52.Provision in respect of escaped juveniles.50.Provision in respect of escaped juveniles. Notwithstanding anything tothecontrary contained in any other law for the time being in force, any policeofficer maytake charge without warrant of a juvenile who has escaped from aspecial home or ajuvenile home or from the care of a person under whom he wasplaced under this Act andshall send the juvenile back to the special home orthat person, as the case may be; andno proceeding shall be instituted inrespect of the juvenile by reason of such escape butthe special home, juvenilehome or the person may, after giving the information to thecompetent authoritywhich passed the order in respect of the juvenile, take such stepsagainst thejuvenile as may be deemed necessary.

53. Contribution by parents.

§53.Contribution by parents.51.Contribution by parents. (1) The competent authority which makes anorderfor sending a neglected juvenile or a delinquent juvenile to a juvenilehome or a specialhome or placing the juvenile under the care of a fit personor fit institution may make anorder requiring the parent or other personliable to maintain the juvenile to contributeto his maintenance, if able to doso, in the prescribed manner.

(2) Thecompetent authority before making any order under sub-section (1) shallinquiry into thecircumstances of the parent or other person liable to maintainthe juvenile and shallrecord evidence, if any, in the presence of the parentor such other person, as the casemay be.

(3) The personliable to maintain a juvenile shall, for the purposes of sub-section (1), include in thecase of illegitimacy, his putative father :

Provided thatwhere the juvenile is illegitimate and an order for hismaintenance has been made undersection 125 of the Code of Criminal Procedure,1973 (2 of 1974), the competent authorityshall not ordinarily make an orderfor contribution against the putative father, but mayorder the whole or anypart of the sums accruing due under the said order for maintenanceto be paid


to such person as may be named by the competent authority and such sum shallbepaid by him towards the maintenance of the juvenile.

(4) Any ordermade under this section may be enforced in the same manner as anorder under section 125of the Code of Criminal Procedure, 1973 (2 of 1974).

54. Fund.

§54.Fund.52.Fund. (1) The State government may create a Fund under such name asitthinks fit for the welfare and rehabilitation of the juveniles dealt withunder this Act.

(2) There shallbe credited to the Fund such voluntary donations, contributionsor subscriptions as may bemade by any individual or organisation.

(3) The fundcreated under sub-section (1) shall be administered by suchofficers or authority in suchmanner and for such purposes as may beprescribed.

55. Advisory Board.

§55.Advisory Board.53.Advisory Board. (1) The State government may constitute an AdvisoryBoardto advise it on matters relating to the establishment and maintenance ofhomes,mobilisation of resources, provision of facilities for education,training andrehabilitation of neglected and delinquent juveniles and co-ordination among the variousofficial and non-official agencies concerned.

(2) The AdvisoryBoard shall consist of such number of officers and otherpersons as the State Governmentthinks fit and may also include experts and therepresentatives of voluntary organisationsengaged in the relevant areas.

56. Visitors.

§56.Visitors.54.Visitors. (1) The State Government may nominate not more than threenon-officials to be Visitors for each of the homes established under this Act.

(2) A Visitornominated for a home under sub-section (1) shall periodicallyvisit such home and make areport to the State Government.


57. Control of custodian over juvenile.

§57.Control of custodian over juvenile.55.Control of custodian over juvenile. Any person in whose custody ajuvenileis placed in pursuance of this Act shall, while the order is in force,have the likecon4trol over the juvenile as he would have if he were hisparent, and shall beresponsible for his maintenance, and the juvenile shallcontinue in his custody for theperiod stated by the competent authority,notwithstanding that he is claimed by his parentor any other person :

Provided that nojuvenile while in such custody shall be carried except withthe permission of thecompetent authority.

58. Delinquent juvenile undergoing sentence at commencement ofthe Act.

§58.Delinquent juvenile undergoing sentence at commencement of the Act.56.Delinquent juvenile undergoing sentence of commencement of the Act. Inanyarea in which this Act is brought into force, the State Government maydirect that adelinquent juvenile who is undergoing any sentence ofimprisonment at the commencement ofthis Act shall, in lieu of undergoing suchsentence, be sent to a special home or be keptin safe custody in such placeand manner as the State Government thinks fit for thereminder of the period ofthe sentence; and the provisions of this Act shall apply to thejuvenile as ifhe had been ordered by a Juvenile Court to be sent to such special home or,asthe case may be, ordered to be detained under sub-section (2) of section 22.

59. Appointment of officers.

§59.Appointment of officers.57.Appointment of officers. (1) The State Government may appoint asmanyprobation officers, officers for the inspection of special homes, juvenilehomes,observation homes or after care organisations and such other officers asit may deemnecessary for carrying out the purposes of this Act.

(2) It shall bethe duty of the probation officer (a) To inquire, inaccordance with the directionof a competent authority, into the antecedentsand family history of any juvenile accusedof an offence, with a view to assistthe authority in making the inquiry ;

(b) To visitneglected and delinquent juveniles at such intervals as the


probation officer may thinkfit ;

(c ) To reportto the competent authority as to the behavior of any neglectedor delinquent juvenile ;

(d) To adviceand assist neglected and delinquent juveniles and, if necessary,endeavor to find themsuitable employment ;

(e) Where aneglected or delinquent juvenile is placed under the care of anyperson or institution oncertain conditions to see whether such conditions arebeing complied with ; and

(f) To performsuch other duties as may be prescribed.

(3) Any officerempowered in this behalf by the State Government may enter anyspecial home, juvenilehome, observation home or after-care organisation andmake a complete inspection thereofin all its departments and of all papers,registers and accounts relating thereto andshall submit the report of suchinspection to the State Government.

60. Officers appointed under the Act to be public servants.

§60.Officers appointed under the Act to be public servants.58.Officers appointed under the Act to be public servants. Probationofficersand other officers appointed in pursuance of this Act shall be deemedto be publicservants within the meaning of section 21 of the Indian PenalCode, 1860 (45 of 1860).

61. Procedure in respect of bonds.

§61.Procedure in respect of bonds.59.Procedure in respect of bonds. The provisions of Chapter XXXIII of theCodeof Criminal Procedure, 1973 (2 of 1974), shall, as far as may be, apply tobondstaken under this Act.

62. Delegation of powers.

§62.Delegation of powers.60.Delegation of powers. The State Government may, by general orspecialorder, direct that any power exercisable by it under this Act shall, insuch circumstancesand under such conditions, if any, as may be specified in


the order, be exercisable alsoby an officer subordinate to that Government.

63. Protection of action taken in good faith.

§63.Protection of action taken in good faith.61.Protection of action taken in good faith. No suit or other legalproceedingshall lie against the State Government or any probation officer orotherofficer appointed under this Act in respect of anything which is in goodfaith done orintended to be done in pursuance of this Act or of any rules ororders made thereunder.

64. Power to make rules.

§64.Power to make rules.62.Protection of action taken in good faith. The State Government may,bynotification in the Official Gazette, make rules to carry out the purposesof this Act.

(2) Inparticular and without prejudice to the generality of the foregoingpower, such rules mayprovide for all or any of the following matters, namely:-

(a) The placesat which, the days on which, the time at which, and the mannerin which, a competentauthority may hold its sittings :

(b) Theprocedure to be followed by a competent authority in holding inquiriesunder this Act, andthe mode of dealing with juveniles suffering from dangerousdiseases or mental complaints:

(c) Thecircumstances in which, and the conditions subject to which, aninstitution may becertified as a special home or a juvenile’s home orrecognised as an observationhome, and the certification or recognitionwithdrawn ;

(d) The internalmanagement of special homes juvenile homes and observationhomes and the standards and thenature of services to be maintained by them ;

(e) Thefunctions and responsibilities of special homes juvenile homes andobservation homes ;

(f) Theinspection of special homes, juvenile homes, observation homes andafter-careorganisations ;


(g) Theestablishment, management and functions of after-care organisations ;the circumstances inwhich, and the conditions subject to which an institutionmay be recognised as anafter-care organisation and such other matters as arereferred to in section 12 ;

(h) Thequalifications and duties of probation officers ;

(i) Therecruitment and training of persons appointed to carry out the purposesof this Act andthe terms and conditions of their services ;

(j) Theconditions subject to which a girl who is a neglected or delinquentjuvenile may beescorted from one place to another, and the manner in which ajuvenile may be sent outsidethe jurisdiction of a competent authority ;

(k) The mannerin which contribution for the maintenance of a juvenile may beordered to be paid by aparent or guardian ;

(l) The officersor authorities by whom, the manner in which and the purposefor which the Fund createdunder section 52 shall be administered ;

(m) Theconditions under which a juvenile may be placed out on licence and theform and conditionsof such licence ;

(o) Any othermatter which has to be, or may be, prescribed.

(3) Every rulemade by a State Government under this Act shall be laid, as soonas may be after it ismade, before the legislature of that State.

65. Repeal and savings.

§65.Repeal and savings.63.Repeal and savings. If, immediately before the date on which this Actcomesinto force in any State, there is in force in that State, any lawcorresponding tothis Act, that law shall stand repealed on the said date :

Provided thatthe repeal shall not affect (a) The previous operation of anylaw so repealed oranything duly done or suffered thereunder ; or

(b) Any right,privilege, obligation or liability acquired, accrued or incurredunder any law so repealed; or

(c ) Anypenalty, forfeiture or punishment incurred in respect of any suchright, privilege,obligation, liability, penalty, forfeiture or punishment as


aforesaid, and any suchinvestigation, legal proceeding or remedy may beinstituted, continued or enforced and anysuch penalty, forfeiture orpunishment may be imposed, as if this Act had not been passed.

The Juvenile Justice Act, 1986 -...

Documents

Transcript of The Juvenile Justice Act, 1986 -...