PROCEDURE IN RELATION TO CHILDREN IN CONFLICT WITH LAWCentral

Section 14 of The Juvenile Justice (Care and Protection of Children) Act, 2015.

(1)Where a child alleged to be in conflict with law is produced before Board, the Board shall hold an inquiry in accordance with the provisions of this Act and may pass such orders in relation to such child as it deems fit under sections 17 and 18 of this Act.
(2)The inquiry under this section shall be completed within a period of four months from the date of first production of the child before the Board, unless the period is extended, for a maximum period of two more months by the Board, having regard to the circumstances of the case and after recording the reasons in writing for such extension.
(3)A preliminary assessment in case of heinous offences under section 15 shall be disposed of by the Board within a period of three months from the date of first production of the child before the Board.
(4)If inquiry by the Board under sub-section (2) for petty offences remains inconclusive even after the extended period, the proceedings shall stand terminated: Provided that for serious or heinous offences, in case the Board requires further extension of time for completion of inquiry, the same shall be granted by the Chief Judicial Magistrate or, as the case may be, the Chief Metropolitan Magistrate, for reasons to be recorded in writing.
(5)The Board shall take the following steps to ensure fair and speedy inquiry, namely:—
1. (a)at the time of initiating the inquiry, the Board shall satisfy itself that the child in conflict with law has not been subjected to any ill-treatment by the police or by any other person, including a lawyer or probation officer and take corrective steps in case of such ill-treatment;
2. (b)in all cases under the Act, the proceedings shall be conducted in simple manner as possible and care shall be taken to ensure that the child, against whom the proceedings have been instituted, is given child-friendly atmosphere during the proceedings;
3. (c)every child brought before the Board shall be given the opportunity of being heard and participate in the inquiry;
4. (d)cases of petty offences, shall be disposed of by the Board through summary proceedings, as per the procedure prescribed under the Code of Criminal Procedure, 1973 (2 of 1974);
5. (e)inquiry of serious offences shall be disposed of by the Board, by following the procedure, for trial in summons cases under the Code of Criminal Procedure, 1973 (2 of 1974);
6. (f)inquiry of heinous offences,—
  1. (i)for child below the age of sixteen years as on the date of commission of an offence shall be disposed of by the Board under clause (e);
  2. (ii)for child above the age of sixteen years as on the date of commission of an offence shall be dealt with in the manner prescribed under section 15.

Summary

The Board must hold an inquiry to decide what to do with a child who is alleged to have broken the law.
For petty crimes, the inquiry must be finished within four months, with a possible two month extension.
If a petty crime inquiry is not finished in time, the case is automatically closed and terminated.
For very serious crimes, if the Board needs more time, a Chief Magistrate must give permission.
The Board must ensure the child was not mistreated by police and that the atmosphere during the inquiry is friendly.

Practical examples

1Sameer is caught for a small theft in January. By July, the Board still has not finished the case. Since this was a petty offence and the four months plus two months extension have passed, the Board has to stop the case under the rules.

2During a hearing, the Board members notice a boy looks scared. They stop and ask him if the police hit him. They do this because the law says they must check for ill-treatment before they start the formal inquiry.

FAQ

1. How long can an inquiry last under Section 14 of the Juvenile Justice Act?

Under Section 14 of the Juvenile Justice (Care and Protection of Children) Act, 2015, the inquiry should be finished in four months, but it can be extended by two more months.

2. What happens if a petty offence case is delayed under Section 14?

According to Section 14 of the Juvenile Justice Act, if the inquiry for a petty offence is not finished within the allowed time, the proceedings will stand terminated.

3. Who can extend the time for serious crimes under the Juvenile Justice Act?

Under Section 14 of the Juvenile Justice (Care and Protection of Children) Act, 2015, only the Chief Judicial Magistrate or Chief Metropolitan Magistrate can grant extra time for serious or heinous crimes.

Test yourself

Q1.Under Section 14 of the Juvenile Justice (Care and Protection of Children) Act, 2015, what happens to a petty offence case if the extended period of inquiry ends without a result?

Q2.What must the Board satisfy itself about at the start of an inquiry under Section 14 of the Juvenile Justice Act?

Q3.Under Section 14 of the Juvenile Justice (Care and Protection of Children) Act, 2015, how much extra time can the Board itself grant for an inquiry?

Q4.Combined with Section 15, how long does the Board have to finish the preliminary assessment for a heinous crime under Section 14?

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