Juvenile Justice Act 2015 8460163.ppsx
Juvenile Justice Act 2015 8460163.ppsx
Presented by:
KRISHNA PRASAD DAS MADHAVA
Psychologist & Arts Based Therapy Practitioner
Programme Manager Navajeevan Bala Bhavan
Member Juvenile Justice Board, Krishna District
An Act to consolidate and amend the law relating to children :
Child Welfare Disposing of cases for children in need of Functions are same as in the Act; training
Committee care and protection; Frequency of of members to be done within two months
meetings not specified. of Bill becoming law; Committee to meet
at least 20 days in a month.
Appeals Appeal to the Session Court within 30 Appeal JJB/CWC order within 30 days to
days of JJB order; further appeal to a High Childrens Court, further High Court
Court. (District Magistrate for foster care, etc).
(ii) Principle of dignity and worth: All human beings shall be treated with equal
dignity and rights.
(iii) Principle of participation: Every child shall have a right to be heard and to
participate in all processes and decisions affecting his interest and the childs
views shall be taken into consideration with due regard to the age and maturity of
the child.
(iv) Principle of best interest: All decisions regarding the child shall be based on
the primary consideration that they are in the best interest of the child and to help
the child to develop full potential.
(vi) Principle of safety: All measures shall be taken to ensure that the child is
safe and is not subjected to any harm, abuse or maltreatment while in contact with
the care and protection system, and thereafter.
(ix) Principle of non-waiver of rights: No waiver of any of the right of the child is
permissible or valid, whether sought by the child or person acting on behalf of the child, or a
Board or a Committee and any non-exercise of a fundamental right shall not amount to waiver.
(xi) Principle of right to privacy and confidentiality: Every child shall have a right to
protection of his privacy and confidentiality, by all means and throughout the judicial process.
(xiii) Principle of repatriation and restoration: Every child in the juvenile justice system
shall have the right to be re-united with his family at the earliest and to be restored to the
same socio-economic and cultural status that he was in, before coming under the purview of
this Act, unless such restoration and repatriation is not in his best interest.
(xiv) Principle of fresh start: All past records of any child under the Juvenile Justice system
should be erased except in special circumstances.
(xv) Principle of diversion: Measures for dealing with children in conflict with law without
resorting to judicial proceedings shall be promoted unless it is in the best interest of the child
or the society as a whole.
(xvi) Principles of natural justice: Basic procedural standards of fairness shall be adhered
to, including the right to a fair hearing, rule against bias and the right to review, by all persons
JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015
CHILDREN IN CONFLICT WITH LAW
Under the Act, a juvenile in conflict with law can be required to spend a
maximum of three years in a special home or fit facility. However,
juveniles in the age group of 16-18 years may be tried as adults in
certain cases. Any person who is between the ages of 16-18 years and
has committed a heinous offence may be tried as an adult, irrespective
of date of apprehension. Also, a juvenile between 16-18 years of age
who has committed a serious offence and apprehended after the age of
21 years, may be tried as an adult.
Provided that the child shall be produced before the Committee without any loss of time but
within a period of twenty-four hours excluding the time necessary for the journey.
33. If information regarding a child as required under section 32 is not given within
the period specified in the said section, then, such act shall be regarded as an
offence.
34. Any person who has committed an offence under section 33 shall be liable to
imprisonment up to six months or fine of ten thousand rupees or both.