PROCEDURE IN RELATION TO CHILDREN IN CONFLICT WITH LAWCentral
Section 18 of The Juvenile Justice (Care and Protection of Children) Act, 2015.
- (1)Where a Board is satisfied on inquiry that a child irrespective of age has committed a petty offence, or a serious offence, or a child below the age of sixteen years has committed a heinous offence, 1[or a child above the age of sixteen years has committed a heinous offence and the Board has, after preliminary assessment under Section 15, disposed of the matter] then, notwithstanding anything contrary contained in any other law for the time being in force, and based on the nature of offence, specific need for supervision or intervention, circumstances as brought out in the social investigation report and past conduct of the child, the Board may, if it so thinks fit,---
- (a)allow the child to go home after advice or admonition by following appropriate inquiry and counselling to such child and to his parents or the guardian;
- (b)direct the child to participate in group counselling and similar activities;
- (c)order the child to perform community service under the supervision of an organisation or institution, or a specified person, persons or group of persons identified by the Board;
- (d)order the child or parents or the guardian of the child to pay fine: Provided that, in case the child is working, it may be ensured that the provisions of any labour law for the time being in force are not violated;
- (e)direct the child to be released on probation of good conduct and placed under the care of any parent, guardian or fit person, on such parent, guardian or fit person executing a bond, with or without surety, as the Board may require, for the good behaviour and child's well-being for any period not exceeding three years;
- (f)direct the child to be released on probation of good conduct and placed under the care and supervision of any fit facility for ensuring the good behaviour and child's well-being for any period not exceeding three years;
- (g)direct the child to be sent to a special home, for such period, not exceeding three years, as it thinks fit, for providing reformative services including education, skill development, counselling, behaviour modification therapy, and psychiatric support during the period of stay in the special home: Provided that if the conduct and behaviour of the child has been such that, it would not be in the child's interest, or in the interest of other children housed in a special home, the Board may send such child to the place of safety.
- (2)If an order is passed under clauses (a) to (g) of sub-section (1), the Board may, in addition pass orders to---
- (i)attend school; or
- (ii)attend a vocational training centre; or
- (iii)attend a therapeutic centre; or
- (iv)prohibit the child from visiting, frequenting or appearing at a specified place; or
- (v)undergo a de-addiction programme.
- (3)Where the Board after preliminary assessment under section 15 pass an order that there is a need for trial of the said child as an adult, then the Board may order transfer of the trial of the case to the Children's Court having jurisdiction to try such offences.
Summary
- The Board can allow a child who committed an offence to go home after giving them advice or a formal warning.
- A child may be ordered to participate in group counseling, perform community service, or pay a fine.
- The Board can release a child on probation for up to three years under the care of a parent, guardian, or fit person.
- A child can be sent to a special home for up to three years to receive education, skill development, and therapy.
- For children aged sixteen to eighteen who commit heinous crimes, the Board may transfer the trial to the Children's Court.
- Heinous crimes are those that have a minimum punishment of seven years imprisonment for adults.
Practical examples
1Karan, age 15, is found guilty of a minor theft, and the Board orders him to perform 40 hours of community service at a local library.
2A 17 year old named Sameer is found to have committed a very serious crime, and after an assessment, the Board transfers his case to the Children's Court.
3Meena is released on a bond for two years under her mother's supervision to ensure she attends school and stays out of trouble.
FAQ
1. What is the maximum time a child can be sent to a special home under Section 18 of the Juvenile Justice Act?
Under Section 18 of the Act, a child can be sent to a special home for a period not exceeding three years.
2. Can a child's parents be made to pay a fine under Section 18 of the Juvenile Justice Act?
Yes, Section 18 allows the Board to order the child or the parents or the guardian to pay a fine.
3. What happens if a 16 year old commits a heinous crime under Section 18 of the Juvenile Justice Act?
Under Section 18, if the Board conducts a preliminary assessment and finds a trial as an adult is needed, it can transfer the case to the Children's Court.
Test yourself
Q1.Under Section 18 of The Juvenile Justice (Care and Protection of Children) Act, 2015, what is the maximum duration for probation of good conduct?
Q2.Which authority can the Board transfer a case to under Section 18 of the Juvenile Justice Act for a heinous offence committed by a 17 year old?
Q3.Under Section 18 of the Juvenile Justice Act, what is a possible additional order the Board can pass?
Q4.Can a child under sixteen be transferred to the Children's Court for an adult trial under Section 18 of the Juvenile Justice Act?