Jja

CHENNAI3rd Floor, ‘Creative Enclave’,

148-150, Luz Church Road,Mylapore,

Chennai - 600 004.Tel: +91 - 44 - 2498 4821

BANGALORE Suite 920, Level 9,

Raheja Towers,26-27, M G Road,

Bangalore - 560 001.Tel: +91 - 80 - 6546 2400

COIMBATOREBB1, Park Avenue,

# 48, Race Course Road,Coimbatore - 641018.

Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

JUVENILE JUSTICE ACT

JENI VARGHESEPATENT DEPT.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

INTRODUCTION

• The Juvenile Justice Act (JJA) was enacted by Government of India in 1986.

• The Juvenile Justice (Care and Protection of Children) Act, 2000 is the primary legal framework for juvenile justice in India.

• Further amended in 2006 [Juvenile Justice (Care and Protection of Children) Amendment Act, 2006]

• JJA outlines two target groups: (i) Juveniles in conflict with law.

(ii)Children in need of care and protection



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT

The juvenile justice (care and protection of children) act,

2000 is an Act to consolidate and amend the law

relating to

(i) juveniles in conflict with law, and

(ii) children in need of care and protection,

by providing for proper care, protection and treatment,

by adopting a child-friendly approach in the

disposition of matters in the best interest of children,

and

for their ultimate rehabilitation through various

institutions established under this enactment.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

Cont.

• The Act defines “juvenile” or “child” as a person who has not completed eighteenth year of age. [Sec 2(k) of JJA 2000]

• A child below 7 years of age cannot be prosecuted and will not have to enter the juvenile justice system as a juvenile in conflict with law but can fall within the definition of child in need of care and protection, under juvenile justice system .



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

JUVENILE IN CONFLICT WITH LAW (JCL)

• Second chapter of the Act.

• Juvenile who is alleged to have committed an offence and has not completed eighteenth year of age as on the date of commission of such offence. (Section 2(l) of JJA Amendment Act 2006).



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

JUVENILE JUSTICE BOARDS

•JCL cases can only be heard in the juvenile justice board (JJB) and not by another court.

•JJBs must contain a Metropolitan or Judicial magistrate and two social workers of whom at least one shall be a woman.

•In the event of any difference of opinion among the members of the Board in the interim or final disposition, the opinion of the majority shall prevail, but where there is no such majority, the opinion of the principal Magistrate, shall prevail.

Cont.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

OBSERVATION HOMES

•For the temporary reception of any juvenile in conflict with law during the pendency of any inquiry regarding them under this Act.

•Set up in every district or a group of districts.

•Established and maintained by the State government either by itself or under an agreement with voluntary organizations.

SPECIAL HOMES

•For reception and rehabilitation of juvenile in conflict with law

•Set up in every district or a group of districts.


Cont.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

APPREHENSION OF JUVENILE IN CONFLICT WITH LAW

•As soon as a juvenile in conflict with law is apprehended by police, he shall be placed under the charge of the special juvenile police unit (SJPU) or the designated police officer

•The juvenile shall be produced before the Board within a period of 24 hours of his apprehension.

BAIL OF JUVENILE:

•Bail is available to juveniles in all cases as long as the JJB find the release of this child will not place him in any danger or in the influence of criminals.

• If the child is not released on bail he is only to be placed into the custody of an Observation Home or a place of safety for such period during the pendency of the inquiry.

Cont.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

ORDERS THAT MAY BE PASSED

• If the Juvenile has committed the offence, the Board may

a. Allow the juvenile to go home after advice or admonition; counseling to the parent or the guardian and the juvenile

b. Direct the juvenile to participate in group counseling and similar activities.

c. Order the juvenile to perform community service.

d. Order the parent of the juvenile or the juvenile himself to pay a fine, if he/she over fourteen and earns money.

e. Direct the juvenile to be released on probation of good conduct and placed under the care of any parent, guardian or other fit person executing a bond for good behavior & well being of juvenile for a period not exceed 3 years.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

Cont.

f. Direct the juvenile to be released on probation of good conduct and placed under the care of any fit institution for a period not exceeding 3 years.

g. Make an order directing the juvenile to be sent to a special home for a period of 3 years or less.

•The JJB on orders received from the State Government may order a juvenile (16 - 18 years) to be kept under protective custody if offense of a very serious nature is committed and the juvenile’s conduct and behavior is such that the measures provided under this Act is not suitable or sufficient.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

ORDERS THAT MAY NOT BE PASSED

• No juvenile in conflict with law shall be sentenced to death or imprisonment for any term which may extend to imprisonment for life

• A juvenile can not be committed to prison for inability to pay a fine or for not furnishing security.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

EXPLOITATION OF CHILDREN FOR A CRIME

This act also has provisions to penalize people who exploit children for a crime.

(i) Employment of juvenile or Child for begging -imprisonment for a term that may extend to 3 years and shall also be liable to fine.

(ii) cruelty to juvenile or child-Imprisonment for a term which may extend to six months, or fine or with both.

(iii) provides a child with drugs or alcohol – Imprisonment for a term which may extend to 3 years and shall also be liable to fine.

(iv) Exploitation of juvenile or child employee: Imprisonment for a term which may extend to 3 years and shall also be liable to fine.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

CHILDREN IN NEED OF CARE AND PROTECTION (CNCP)

• Third chapter of the Act

• CNCP cases are heard by the Child Welfare Committee (CWC).

• The committee has a chairperson and four other members of whom at least one should be a woman and at least one expert in children's issues.

• The purpose of the CWC is to provide for the care, treatment, protection, rehabilitation and development of the child



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

Cont.

The committee may commit a child to the Children's home or a Shelter home if the child has no immediately available family or support system.

CHILDREN'S HOMES OR SHELTER HOMES

•Set up in ever district or a group of districts.


•Children Home: For the reception of child in need of care and protection for their care, treatment, education, training, development and rehabilitation.

•Shelter homes function as drop in centers for children in need of urgent support.

•Restoration of and protection to a child is the prime objective of any children’s home or shelter homes.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

REHABILITATION AND SOCIAL INTEGRATION

• Fourth chapter of the Act

• This section discusses certain non-institutional solutions such as (i) adoption, (ii) foster care, (iii) sponsorship, and (iv) sending child to an after care organization.

i. Orphaned and abandoned children are eligible for adoption.

ii. Foster care is used for temporary placement of children who are to be given for adoption.

iii. Sponsorship programmes provide supplementary support to families, to children’s homes and to special homes to meet educational, nutritional, medical and other needs of the children.

iv. After-care organizations are set up to take care of children or juveniles after they leave special homes or children homes.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

MISCELLANEOUS PROVISIONS

• Fifth Chapter of the Act

• At any proceeding in respect of the juvenile or the child, the parent or guardian must be present

• Any person aggrieved by an order made by a competent authority under this Act may prefer an appeal to the Court of Session.

• The act allows for children with special needs such as a mental or physical disease to be given the necessary attention at an approved institution that specializes in the form of care.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

THANK YOU

Date post:	30-Nov-2014
Category:	Travel
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