Juvenile Justice (Care and Protection of Children) Act, 2015

The Juvenile Justice (Care and Protection of Children) Act, 2015 has come into force from 15-January-2016 and it repealed the Juvenile Justice (Care and Protection of Children) Act, 2000.

  • The JJ Act, 2015 aims to consolidate and amend the law relating to children alleged and found to be in conflict with law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social re-integration, by adopting a child-friendly approach.

Some of the Key Provisions Include

  • Change in nomenclature from ‘juvenile’ to ‘child’ or ‘child in conflict with law’, across the Act to remove the negative connotation associated with the word “juvenile”;
  • Inclusion of several new definitions such as orphaned, abandoned and surrendered children; and petty, serious and heinous offences committed by children;
  • Clarity in powers, function and responsibilities of Juvenile Justice Board (JJB) and Child Welfare Committee (CWC);
  • Clear timelines for inquiry by Juvenile Justice Board (JJB);
  • Special provisions for heinous offences committed by children above the age of sixteen year;
  • Separate new chapter on Adoption to streamline adoption of orphan, abandoned and surrendered children;
  • Inclusion of new offences committed against children; and
  • Mandatory registration of Child Care Institutions.
  • Treating ‘Juveniles’ as ‘Adults’: The Act allows for juveniles 16 years or older to be tried as adults for heinous offences like rape and murder. Heinous offences are those which are punishable with imprisonment of seven years or more.

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