Definition
Care and protection of children in conflict with law.
Law providing for children in conflict with law and in need of care and protection.
Statutory Definition
Juvenile Justice (Care and Protection of Children) Act, 2015.
Etymology & Origin
From Latin 'juvenilis' (youthful — from 'juvenis', young person), 'justice' (from Latin 'justitia', righteousness, from 'justus', just), and 'act' (a legislative enactment). The Juvenile Justice Act embodies the rehabilitative philosophy that a child in conflict with the law should be treated as a person to be reformed, not punished — a recognition that children's criminal culpability is mitigated by their developing brain and vulnerability.
Full Legal Analysis
The Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act, 2015) is the primary legislation governing the treatment of children in conflict with the law (those alleged to have committed an offence) and children in need of care and protection (those who are abandoned, abused, trafficked, or otherwise in vulnerable circumstances). The JJ Act 2015 replaced the earlier Juvenile Justice (Care and Protection of Children) Act, 2000. A significant motivating factor for the 2015 revision was the public outrage following the December 2012 Delhi gang rape case, in which one of the accused was a juvenile aged 17 who received only three years in a reform home under the 2000 Act.
The JJ Act 2015's most significant change from the 2000 Act is Section 15: for children between 16 and 18 years alleged to have committed a 'heinous offence' (an offence attracting minimum 7 years imprisonment), the Juvenile Justice Board (JJB) may, after preliminary assessment, pass an order directing the child to be tried as an adult in a Children's Court (Sessions Court). The JJB's preliminary assessment evaluates: (1) the child's mental and physical capacity to commit the offence; (2) ability to understand the consequences of the offence; and (3) circumstances in which the offence was alleged to have been committed. If the JJB finds the child capable of being tried as an adult, the case is transferred to the Children's Court.
The JJ Act 2015 establishes two primary institutions for its implementation: (1) Juvenile Justice Boards (JJB) — for children in conflict with law — with powers of adjudication, disposal, and referral to Children's Courts; and (2) Child Welfare Committees (CWC) — for children in need of care and protection — with powers to place children in institutional care (Children's Homes, Special Adoption Agencies) or in foster care. The Act also provides for 'Fit Persons' and 'Fit Institutions' as alternative placements for children who cannot be placed with their families.
The Supreme Court clarified the scope of 'heinous offence' under the JJ Act 2015 — specifically whether an offence with a maximum (but no minimum) sentence of 7 years qualifies as a heinous offence for the purposes of Section 15 (trial of 16-18 year olds as adults). The Court held that offences with a maximum penalty of 7 years but no prescribed minimum do not qualify as heinous offences — 'heinous offence' requires the offence to carry a minimum sentence of 7 years. The Court referred the matter to the Legislature for amendment to clarify the gap created by offences in the intermediate range.
The JJ Act 2015 also comprehensively revises the adoption framework. Chapter VIII of the Act creates a statutory framework for adoption of Indian children, placing the Child Adoption Resource Authority (CARA) as the apex body. All adoptions of orphaned, abandoned, or surrendered children in India must now be channelled through CARA's centralised database and registered adoption agencies. Inter-country adoption is also governed by the Act, subject to the Hague Convention on Intercountry Adoption.
For advocates, the JJ Act requires practitioners to understand: (1) age determination — the date of birth as recorded in school certificate takes precedence; if disputed, the JJB can refer for ossification test; (2) bail — children in conflict with law have a strong presumptive right to bail under the JJ Act (more liberal than the IPC/BNS framework); and (3) records — a child's conviction under the JJ Act is not a 'previous conviction' that can be cited in subsequent adult proceedings; the JJ Act mandates confidentiality of the child's identity in all proceedings.
This Term in Indian Statutes
Juvenile Justice (Care and Protection of Children) Act, 2015, 2015
"In case of a heinous offence alleged to have been committed by a child, who has completed or is above the age of sixteen years, the Board shall conduct a preliminary assessment with regard to his mental and physical capacity to commit such offence, ability to understand the consequences of the offence and the circumstances in which he allegedly committed the offence."
16-18 year olds in heinous offences — JJB preliminary assessment; transfer to Children's Court for adult trial; 'heinous offence' requires minimum 7-year sentence per Shilpa Mittal
