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2018

COMPOSITION AND
PROCEDURE OF JUVENILE
COURTS
LAW OF CRIMES III PROJECT

BY : SHIVALIKA SRIVASTAVA
V-B, 1321
2016-2021
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TABLE OF CONTENTS

TABLE OF CONTENTS ................................................................................................................. 1

INTRODUCTION ........................................................................................................................... 2

JUVENILE JUSTICE BOARD (JJB) .................................................................................................. 2

CATEGORIES OF OFFENCES......................................................................................................... 4

PROCEDURE UNDER THE JJ ACT FOR CHILD IN CONFLICT WITH LAW (CCL) ............................. 4

PROCEDURE BEFORE JUVENILE JUSTICE BOARD ..................................................................... 5

PROCEDURE BEFORE CHILDREN‟S COURT .............................................................................. 8

BAIL OF A CHILD ................................................................................................................... 9

PROCEDURE AS TO APPEALS AND REVISION ........................................................................ 10

PUNISHMENT FOR NON-PAYMENT OF FINE OR SECURITY .................................................... 11

VARIOUS ASPECTS ANALYSIS BY CASE LAWS ......................................................................... 11

CONCLUSION............................................................................................................................. 13

BIBLIOGRAPHY ......................................................................................................................... 14
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INTRODUCTION

The term „children in conflict with the law‟ refers to anyone under 18 who comes into contact
with the justice system as a result of being suspected or accused of committing an offence.
Most children in conflict with the law have committed petty crimes or such minor offences as
vagrancy, truancy, begging or alcohol use. In the area of juvenile justice, the aim is to reduce
incarceration while protecting children from violence, abuse and exploitation. It promotes
rehabilitation that involves families and communities as a safer, more appropriate and
effective approach than punitive measures. Justice systems designed for adults often lack the
capacity to adequately address these issues and are more likely to harm than improve a
child‟s chances for reintegration into society. In order to deal with such children, the different
Indian States had enacted their own Children Acts. The Madras Children Act 1920 was the
first Children Act to be enacted, closely followed by Bengal and Bombay in 1922 and 1924
respectively. The State‟s Children Acts brought within its ambit two categories of children,
viz. (i) youthful offenders, and (ii) destitute and neglected children. Both these categories of
children were to be handled by the Juvenile Courts. Later on, the Government of India passed
the Children Act 1960 to “provide for the care, protection, maintenance, welfare, training,
education and rehabilitation of neglected or delinquent .Under this Act a Child is a boy below
16 years of age and a girl below 18 years of Age. The General Assembly on 29th November
1985 adopted the United Nations Standard Minimum Rules for the Administration of
Juvenile Justice, and for the first time the word “juvenile” was coined. This change in
terminology was then reflected in domestic law with the passing of the JJA 1986. The Act
was further amended in 2006 and 2011 and called the Juvenile Justice (care and Protection)
Act 2000. The Act was later amended in 2015 after the Delhi rape case and was called as the
Juvenile Justice (Care and Protection of Children) Act 2015.

JUVENILE JUSTICE BOARD (JJB)

As per section 4 of the Act state government is empowered to constitute a Juvenile Justice
Board for every district for exercising power and discharging its functions relating to children
in conflict with law under this act. The Principal Magistrate should have at-least three years‟
experience and out of two members one should be a woman. This section also provides that
within a period of sixty days from the date of appointment there should be an induction
training and sensitization of all members including the Principal Magistrate on care,
protection, rehabilitation, legal provisions and justice for children. If during course of inquiry
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the child has completed 18 years of age, the inquiry shall be continued by the board and
orders may be passed as if such person had continued to be a child.1 The procedure of the
board should be child friendly and venue should not be intimidating to child and must not
resemble a regular court. A child in conflict with law may be produced before an individual
member of the board, when the board is not in sitting. A board may act in the absence of any
member during the proceeding. But for final disposal of the case or in making an order under
section 18(3), at-least two members including principal magistrate should be present. In case
of difference of opinion in Board the majority shall prevail but if there is no majority, the
opinion of Principal Magistrate shall prevail.2 The board is to deal exclusively with all the
proceedings under this Act, relating to children in conflict law. These powers can also be
exercised by the High Court or the children's courts under Section 19 or in appeal, or revision
or otherwise.3 The main functions of juvenile justice board are as follows-

1. To ensure the informed participation of the child and parent or guardian in every step
of proceeding.
2. To ensure child's right throughout process, after care and rehabilitation.
3. To provide legal aid for child through legal service institution.
4. To provide interpreter or translator to the child.
5. To direct probation officer or child welfare committee or a social worker to undertake
a social investigation into the case and submit a social investigation report within a
period of fifteen days from the date of first production of child before the board to
ascertain the circumstances in which the alleged offence was committed.
6. To adjudicate and dispose of cases of child in conflict with law' in accordance with
the process of inquiry specified in Section 14.
7. Transfer to committee of matters concerning the child alleged to be in conflict with
law stated to be in need of care and protection at any stage. A child in conflict with
law can also be a child in need of care simultaneously.
8. To dispose of matters and passing final order in respect of child in conflict with law.
9. To conduct inquiry declaring fit person for the purpose of the Act.
10. At-least one inspection visit every month of residential facilities for child in conflict
with law and recommend quality of service.

1
Section 5, Juvenile Justice (Care and Protection of Children) Act 2015.
2
Section 7, Juvenile Justice (Care and Protection of Children) Act 2015.
3
Section 8, Juvenile Justice (Care and Protection of Children) Act 2015.
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11. To order police to register first information report for offences committed against any
child in need of care and protection on a written complaint of committee, under this
Act or any other law.
12. To conduct regular inspections of Jails to check if any child is lodged in such jails and
take immediate measures for transfer of such child to the observation home.
13. Any other function as prescribed by rules.

If any person have committed offence and brought before a magistrate who is not empowered
under this Act, and such Magistrate is of opinion that the person is a child, he shall without
delay, record such opinion and forward the child immediately along with the record of such
proceeding to board. If any claim of such nature is made, the court shall make and inquiry
and take evidence as may be necessary to determine the age of the person and shall record
finding. Such person shall be required to be kept in protective custody during inquiry that is
the place of safety.4

CATEGORIES OF OFFENCES

In the old Act of 2000, there was no category of offences. The latest Act in its Section 2
clearly defines three types of offence committed by the children.

1. Petty offences - “petty offences‟‟ includes the offences for which the maximum
punishment under the Indian Penal Code or any other law for the time being in force
is imprisonment up to three years.
2. Serious offences -“serious offences" includes the offences for which the punishment
under the India Penal Code or any other law for the time being in force is
imprisonment between three to seven years.
3. Heinous offences -“heinous offences” includes the offence for which the minimum
punishment under the Indian Penal Code or any other law for the time being in force
is imprisonment for seven years or more.

PROCEDURE UNDER THE JJ ACT FOR CHILD IN CONFLICT WITH


LAW (CCL)

In chapter 4, Sections 10 to 26 prescribe procedure in relation to children in conflict with law.


There are three stages in which this procedure may be divided, that is, procedure before the

4
Section 9, Juvenile Justice (Care and Protection of Children) Act 2015.
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police, procedure before the juvenile justice board and procedure in case when produced
before the children‟s court. There may also be a distinction procedure followed in petty/
serious offences and heinous offences.

PROCEDURE BEFORE JUVENILE JUSTICE BOARD

A child enters into the Indian juvenile justice system in different ways. While CNCP is
brought before the CWC, CICL is brought before the JJB. These bodies decide on how the
child must be treated based on the investigation/ inquiry it conducts. They may decide to
place children in institutional care. The nature of the institution will differ according to the
category of the child. However, not all children find themselves in institutional care, although
a sizeable proportion may do so. Hence, another way of classifying the children would also
be according to where they find themselves - Institutional Care and Non-Institutional Care.

When produced before JJB: CICLs are to be produced before the JJB which is set up under
section 4 of JJ Act. The act provides that State Government shall constitute for every district,
one or more JJBs. When the Board is not sitting, a CICL may be produced before an
individual. The JJB is supposed to be always available or accessible to take cognizance of
any matter of emergency. Necessary directions required to deal with an emergency situation
shall be given by JJB members to the Special Juvenile Police Unit (SJPU) or the local district
police. The Principal Magistrate shall draw up a monthly duty roster of the members who
shall be so available and accessible every day, including on Sundays and holidays. The roster
shall be circulated in advance to all the police stations, the Chief Judicial Magistrate/ Chief
Metropolitan Magistrate, the District Judge, the DM, the Committees, the DCPU and the
Special Juvenile Police Unit5.

As a general practice, all CICLs have to be produced before the JJB, which has:

1. Exclusive jurisdiction to deal with ALL OFFENCES that may have been committed
by children upto the age of 16 years.
2. Exclusive jurisdiction to deal with all PETTY OFFENCES by all children including
those in the 16-18 years age group.
3. To conduct preliminary assessment with the help of professional experts to assess the
mental state of the child.

5
Rule 8 (8), Juvenile Justice (Care And Protection Of Children) Model Rules, 2016..
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If a child alleged to be in conflict with law, apprehended by police, such child shall be placed
under the charge of a special juvenile police unit or designated child welfare police officers,
who shall produce the child before the board within 24 hours, but no child shall be placed in
lockup or in jail.6 A social investigation report containing antecedent, family background and
other material circumstances to be submitted by probation officer or child welfare officer to
board for assistance regarding child in conflict with law, and if a child is released on bail, the
probation officer or child welfare officer shall be informed by the board.7

An inquiry shall be completed within a period of 4 months from the first production of the
child which may be extended for a maximum of 2 months. A special procedure have been
prescribed under this Act in respect of petty offences that if inquiry remains inconclusive
even after extended period the proceeding shall be terminated. In serious or heinous offences
if further extension of time is required for completing the inquiry, the same shall be granted
by Chief Judicial Magistrate. For serious and heinous offence summons proceedings as per
Cr.P.C, 1973 shall be followed by the Board whereas for petty offences, the summary trail
proceedings as provided in Cr.P.C. shall be followed.8

If the child is above 16 years of age and alleged to have committed heinous offence, the
board shall conduct a preliminary assessment and the circumstances in which he allegedly
committed the offence. The Board may take assistance of experienced psychologists or
psycho-social workers or other experts but this preliminary inquiry is not a trial. If the
inquiry, Board is satisfied that the matter should be disposed of by Board, the Board shall
follow the procedure prescribed for summons cases.9 Juvenile Justice System is based on the
principle of restorative justice but the law will act as a deterrent for child offenders
committing heinous offences such as rape, murder, etc. because trend as per NCRB data 10 is
that heinous crimes being committed by children in recent time has also compelled a
rethinking in handling of child offenders in the age group of 16-18 years.

For heinous offences: The special provisions are made to address heinous offences; these
provisions would address the issue of increased lawlessness in the society to some extent and
will also protect the rights of the victim. If the board after conducting a preliminary inquiry

6
Section 10, Juvenile Justice (Care and Protection of Children) Act 2015.
7
Section 13, Juvenile Justice (Care and Protection of Children) Act 2015.
8
Section 14, Juvenile Justice (Care and Protection of Children) Act 2015.
9
Section 15, Juvenile Justice (Care and Protection of Children) Act 2015.
10
Page 94, The Juvenile Justice (Care And Protection Of Children) Act, 2015 (Act No.02 Of 2016): A New
Hope: Harsh Yadav, Civil Judge (J.D.) Chamoli.
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comes to the conclusion that there is a need for trial, in the cases the board has been given the
option to transfer the matter to children‟s court. If after the trial, a child has been found guilty
of committing heinous offence, then such child is proposed to be sent to a place of safety for
reformation and rehabilitation up to the age of 21 years. After completing 21 years of age, an
evaluation of the child is to be conducted by children‟s court after which the child is either
released on probation or transferred to a regular jail for the rest of the term of imprisonment
but such order shall only be made in case he is incorrigible and measured in place of safety
do not result fruitful. The Chief Judicial Magistrate shall review once in every three months
the pendency of inquiry and shall direct to increase frequency of the sitting or may
recommend constitution of additional board. A review shall also be made by high level
committee in every 6 months. Information of pendency shall be furnished be board to CJM or
CMM and the DM on quarterly basis.11

The Board may pass the following orders if a child is found to be in conflict with law:-

1. Allow child to go home after administration of advice,


2. Group counseling,
3. Communication sector under supervision of an organization or Institution or a
specified persons or group of persons,
4. To pay fine
5. Probation of good conduct-under Parent, guardian or fit persons not exceeding three
years,
6. Probation under supervision of years,
7. Special-home not exceeding three years.

Additional orders that can be passed may include:-

1. Attend school,
2. Vocational training programmes,
3. Therapeutics centre,
4. Prohibit child from visiting or appearing at a specified place,
5. Undergo a de-addiction programme. Also if a child is referred by board for trial, the
children‟s court may decide to proceed as if the child is adult or may conduct an inquiry
as a board and may pass appropriate orders.

11
Section 16, Juvenile Justice (Care and Protection of Children) Act 2015.
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A sentence of death or life imprisonment may not be passed against a child; a child shall not
be tried with any adult person. A child shall not suffer disqualification attached to a
conviction and the record of conviction shall be destroyed after expiry of period of appeal as
may be prescribed.12 All proceeding in respect of a child alleged or found to be in conflict
with law pending before any board or court on the date of commencement of this act, shall be
continue in that board or court as if this Act had not been enacted.13 No additional proceeding
shall be made with respect to a run-away child though some additional direction may be
given to such child.14

PROCEDURE BEFORE CHILDREN’S COURT

Unlike the repealed Act, the present Act introduces altogether a new concept of Children
Court. The Children Court means a court established under the Commissions for Protection
of Child Right Act. 2005 or a Special Court under the Protection of Children from Sexual
Offences Act, 2012, wherever existing and where such courts have not been designated, the
Court of Sessions having jurisdiction to try offences under the Act.15 Children‟s Court hears
the matter of children between 16-18 years who have committed heinous offences. But it has
no original jurisdiction. It can exercise the jurisdiction only on transfer of the case by Board.
Children Court is also empowered to hear the appeal against the orders of Board.16

Orders that may be passed by Children Court: After the receipt of preliminary assessment
from the Board, the Children s Court may decide that there is a need for trial of the child as
an adult or there is no need for trial of the child as an adult.17 When Court decides to try the
child as an adult, it may pass appropriate orders after the trial considering the special needs of
the child.18 A wide discretion has been given to the Children Court in passing any order
against a child tried as an adult. However, there is a limitation on the discretion of Children
Court that no child in conflict with law shall he sentenced to death or for life imprisonment
without the possibility of release, for any such offence, either under the provisions of this Act
or under the provisions of the Indian Penal Code or any other law for the time being in
force.19 While conduction the trial of a child as an adult, the child shall not be tried with a

12
Section 24, Juvenile Justice (Care and Protection of Children) Act 2015.
13
Section 25, Juvenile Justice (Care and Protection of Children) Act 2015.
14
Section 26, Juvenile Justice (Care and Protection of Children) Act 2015.
15
Section 2(20), Juvenile Justice (Care and Protection of Children) Act 2015.
16
Section 101, Juvenile Justice (Care and Protection of Children) Act 2015.
17
Section 19, Juvenile Justice (Care and Protection of Children) Act 2015.
18
Section 19(1)(i) , Juvenile Justice (Care and Protection of Children) Act 2015.
19
Section 21, Juvenile Justice (Care and Protection of Children) Act 2015.
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person who is not a child. The provisions provide for placing children in a 'place of safety'
both during and after the trial till they attain the age of 21 years and thereafter, the person
shall be transferred to a jail.20 After attaining the age of 21 years, a child shall he evaluated by
the Children Court.21 On the evaluation, the child may be released on probation but if the
child is not reformed then the child will be sent to a jail for remaining term.22

If Court decides that there is no need for trial of the child as an adult, then it may conduct an
inquiry as a Board and pass same appropriate orders i.e. advice, admonition, probation, fine
etc. that may be passed by the Board.23

These provisions are aimed to focus on rehabilitation and reformation of a child in conflict
with law but the lack of proper infrastructure and supporting system has always frustrated the
purpose. Whenever a child is apprehended, the big issue is keeping the child in place of
safety because in many districts, still there is no home or place of safety. The home or
institutions lack rehabilitative services, training programmes and basic facilities.
Implementation of orders of probation or community service is still not practicable due to
lack of effective machinery.

BAIL OF A CHILD

Section 12 and the principles regarding bail of juvenile is also same as were given in old
repealed Act of 2000. When any person, who is apparently a child and is alleged to have
committed a bailable or non-bailable offence, is apprehended or detained by the police or
appears or brought before a Board, such person shall be released on bail with or without
surety or placed under the supervision of a probation officer or under the care of any fit
person but such person shall not be so released if there appears reasonable grounds for
believing that the release is likely to bring that person into association with any known
criminal or expose the said person to moral, physical or psychological danger or the person's
release would defeat the ends of justice, and the board shall record the reasons for denying
the bail and circumstances that led to such a decision.24 When a child is released on bail, the
probation officer or child welfare officer shall be informed by the Board.25 If unable to fulfill

20
Section 19(3), Juvenile Justice (Care and Protection of Children) Act 2015.
21
Section 20(1), Juvenile Justice (Care and Protection of Children) Act 2015.
22
Section 20(2), Juvenile Justice (Care and Protection of Children) Act 2015.
23
Section 19(1)(ii), Juvenile Justice (Care and Protection of Children) Act 2015.
24
Section 12(1) proviso, Juvenile Justice (Care and Protection of Children) Act 2015.
25
Section13(2) , Juvenile Justice (Care and Protection of Children) Act 2015.
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the conditions of bail, he shall be produced before Board for modification of conditions of
bail.26

PROCEDURE AS TO APPEALS AND REVISION

There are four appellate authorities under the Act namely children's court, District Court,
Sessions Court and High Court.27 Any person aggrieved by an order of the committee or the
board under this Act may within thirty days from date of order, prefer an appeal to the
children courts. In case of decisions by committee related to foster care and sponsorship after
care, the appeal shall lie with the District Court. If sufficient reasons are shown by the
appellant in case of delay, such appeals may be entertained after a period of thirty days and it
shall be decided within a period of 30 days. An appeal shall lie against an order of the Board
passed after making the preliminary assessment into heinous offence under Section 15 of the
act before the Court of Sessions. The court of Sessions may also take assistance of experience
psychologists and medical specialist. It is also provided that no appeal shall lie against any
order of acquittal made by board in respect of child other than the heinous offence by a child
above the age of 16 years or any order made by committee in respect of finding that a person
is not a child in need of care and protection, and no second appeal shall lie from any order of
the Court of Session passed in appeal under Section 101(2). A person aggrieved by an order
of children's court may file an appeal before the High Court.

The High Court may at any time either suo-motu or on application, call for the record of any
proceeding in which any committee or board or children's courts or court has passed an order
for the purpose of satisfying itself as to legality or propriety of any such order.28 The
committee or board may on application, amend any orders passed by itself as to the
institution to which a child is to be sent or as to the person under whose care or supervision a
child is to be placed under this Act Clerical mistakes arising from any accidental slip or
omission may be corrected by committee or board at any time suo-motu or on the application.
The state government to make rules to carry out the purpose of this act and central
government may frame model rules for the said purpose.29

26
Section12(4), Juvenile
Justice (Care and Protection of Children) Act 2015.
27
Section 101, Juvenile Justice (Care and Protection of Children) Act 2015.
28
Section 102, Juvenile Justice (Care and Protection of Children) Act 2015.
29
Section 110, Juvenile Justice (Care and Protection of Children) Act 2015.
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Punishment for Non-Payment Of Fine Or Security

In the old Act of 2000, no child could be punished for non-payment of fine or security30 but
in the new Act of 2015 there is no prohibition clause. Hence, for recovery of fine or in default
of giving security, the provisions of code of criminal procedure will be applicable. However,
where a child is not earning or have no means to pay the fine or security, any proceeding
against the child will not serve the purpose.

ANALYSIS BY CASE LAWS

In a recent case Nidhi Kaim and Ors. v. State of Madhya Pradesh and Ors,31 it was said that
“Even in situations where a juvenile indulges in crime, he has to face trial, and is subjected to
the postulated statutory consequences. Law has consequences. And the consequences of law
brook no exception. The Appellants in this case, irrespective of their age, were conscious of
the regular process of admission. They breached the same by devious means. They must
therefore, suffer the consequences of their actions.”

In another case, the Petitioner was convicted by trial court under Section 302 IPC and
sentenced to life imprisonment. He had pleaded juvenility before the trial court, but he could
not produce the transfer certificate during prosecution. The Petitioner had served the sentence
for more than 10 years. The Juvenile Justice Board arrived at the conclusion that the age of
the Petitioner on the date of the incident was 15 years 11 months 26 days, and he was below
18 years at the time of the incident, on the basis of the transfer certificate produced before it.
The Board declared the Petitioner a juvenile offender. Hence, this petition was filed. It was
held that 'the Appellant herein was a minor on the date of commission of the offence and has
already undergone more than the maximum period of detention as provided for Under
Section 15 of the Juvenile Justice Act, by Following the provisions of Rule 98 of Juvenile
Justice Rules, 2007 read with Section 15 of the Juvenile Justice Act, we allow the appeal with
a direction that the Appellant be released forthwith.' Thus, the Petitioner should get the
benefit under the Act, 2000 since he was a juvenile on the date of commission of the
offence.32

In matters related to anticipatory bail, it shall be noted that "The application for grant of
anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 at the behest of
30
Section I6(i) of JJ Act, 2000
31
Nidhi Kaim and Ors. v. State of Madhya Pradesh and Ors, MANU/SC/0150/2017.
32
Ram Narain v. State of U.P., AIR 2015 SC 3135.
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CICL before the High Court or the Court of Sessions is maintainable under the law and the
said remedy is not excluded by operation of Section 12 of the Act of 2000 or Section 12 of
the Act of 2015."33

In Sampurna Behura v. Union of India (UOI) and Ors.34, the Supreme Court pointed out that
“The Juvenile Justice Boards (JJB) and Child Welfare Committees (CWC) must appreciate
that it is necessary to have sittings on a regular basis so that a minimal number of inquiries
are pending at any given point of time and justice is given to all juveniles in conflict with law
and social justice to children in need of care and protection. This is a constitutional
obligation. The NCPCR and the SCPCRs must carry out time-bound studies on various
issues, as deemed appropriate, under the Juvenile Justice Act, 2015. Based on these studies,
the State Governments and the Union Territories must take remedial steps.”

Age determination is one of the most crucial aspect of JJ Act and its determination has been a
matter of conflict among the parties for a very long time now. Section 94 of the present
legislation provides for the methods and documents required to ascertain a person‟s age. In
the Jaya Mala v. Home Secretary, Government of J&K35 the apex court held that the age as
ascertained by medical examination is not conclusive proof of age. It is mere opinion of the
doctor and a margin of 2 years could be on either side. By the Allahabad high court‟s own
admission, a doctor is not always truthful. Similarly in Smt. Kamlesh and Anr. v. State of
U.P.36, it was said that a professional witness is prone to side with a party that engages his/her
services. Thus, a doctor is not always truthful. In Raju and Anr. v. State of Haryana37, this
Court had admitted "mark sheet" as one of the proof in determining the age of the accused
person.

Hon‟ble Supreme Court observed in Hari Ram v. State of Rajasthan38 that offence committed
by juveniles is to be dealt different from law applicable to adults. Very scheme of Act is
rehabilitation in nature and not adversial which the court generally uses to. Its
implementation thus requires a complete change in the mind set of those who are vested with
authority of enforcing the same without which it will be almost impossible to achieve its
objects. The juvenile justice system in India is an offshoot of the criminal justice system.

33
Sudhir Sharma v. State of C.G., 2017 (3) CGLJ 405.
34
Sampurna Behura v. Union of India (UOI) and Ors., (2018) 4 SCC 433.
35
Jaya Mala v. Home Secretary, Government of J&K, AIR 1982 SC 1297.
36
Smt. Kamlesh and anr. v. State of UP, 2002 Cri LJ 3680.
37
Raju and Anr. v. State of Haryana, (2010) 3 SCC 235.
38
Hari Ram v. State of Rajasthan, (2009) 13 SCC 211.
13 | P a g e -LAW OF CRIMES III PROJECT-

Lastly, in a very important case, the Supreme Court in Sheela Barse v. Union of India39
observed “we would suggest that instead of each State having its own Children's Act in other
States it would be desirable if the Central Government initiates Parliamentary Legislation on
the subject, so that there is complete uniformity in regard to the various provisions relating to
children in the entire territory of the country. The Children's Act which may be enacted by
Parliament should contain not only provisions for investigation and trial of offences against
children below the age of 16 years but should also contain mandatory provisions for ensuring
social, economic and psychological rehabilitation of the children who are either accused of
offences or are abandoned or destitute or lost. Moreover, it is not enough merely to have
legislation on the subject, but it is equally, if not more, important to ensure that such
legislation is implemented in all earnestness and mere lip sympathy is not paid to such
legislation and justification for non-implementation is not pleaded on ground of lack of
finances on the part of the State. The greatest recompense which the State can get for
expenditure on children is the building up of a powerful human resource ready to take its
place in the forward march of the nation.”

CONCLUSION

It is widely believed that early-phase intervention represents the best approach to preventing
juvenile in conflict with law. Prevention requires individual, group and organizational efforts
aimed at keeping adolescents from breaking the law. Various countries use different methods
to discourage CCL and criminal behaviour. Some focus on punitive prevention intended to
frighten potential offenders by making sure they understand the possibility of severe
punishment, or action may be taken to prevent recurrent crime, which includes explaining the
negative aspects of an offence to a delinquent and attempting to reconcile offenders and their
victims. In India, we practice rehabilitative and child-friendly methods with a view that a
child can still be moulded into a better shape. The JJ system, in my opinion, is a apt way to
deal with a CCL. They are still young minds are can be protected by dealing with the matter
sensitively.

39
Sheela Barse v. Union of India, (1986) 3 SCC 632.
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BIBLIOGRAPHY

1. JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015.


2. JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) MODEL RULES, 2016.
3. HARSH YADAV, THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT,
2015 (ACT NO.02 OF 2016): A NEW HOPE.
4. PRATIHHA TIWARI, AN OVERVIEW OF JUVENILE JUSTICE ACT, 2015 WITH REGARD TO
CHILD IN CONFLICT WITH LAW.
5. Juvenile Justice Care, Protection and rehabilitation available on
http://www.preservearticles.com/2012061633037/juvenile-justice-care-protection-
and-rehabilitation-in-india.html (Visited on 5th Oct 2015)

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