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JUVENILE COURTS
JUVENILE JUSTICE BOARDS
CRIMINOLOGY AND
CORRECTIONAL ADMINISTRATION

Name of the Student ... Niraj Bidawatka

Roll No. ........................ 184
Division ........................ D
Class ............................. S. Y. LL.B. (Batch of 2018-21)
College Name ............... Jitendra Chauhan College of Law
Faculty In charge .......... Prof. Sushma Mhaske; and
Prof. Sangeeta Mehta
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ACKNOWLEDGEMENT
I would like to express my deep-felt gratitude to my faculties, Prof. Sushma
Mhaske and Prof. Sangeeta Mehta, who explained the entire syllabus of
“Criminology and Correctional Administration” very lucidly in their scholarly
and interesting lectures. This helped me in understanding the finer points along
with the entire framework of the subject. I was able to finish this assignment
only due to their timely and efficient guidance.

It is also essential to mention that this assignment would not have been possible
without the blessings and encouragement of our Learned Principal Prof. Mrs.
Priya J. Shah, who ensured that the students get proper infrastructure such as
access to the professional version of the Manupatra website and such other
websites, for conducting their research work.

This assignment helped me in doing a lot of research and helped me in gaining

and assimilating a lot of knowledge and skill about the subject. The entire
exercise of creating and submitting this assignment was very satisfying and at
the same time very productive.

July 25, 2021

Mumbai Niraj Bidawatka
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TABLE OF CONTENTS

1. Introduction 4

2. Juvenile Justice (Care and Protection of Children) Act, 2015 5

3. Categories of Children Dealt With 5

4. Transition of Juvenile Courts into Juvenile Justice Boards 6

5. Key Differences Between the Earlier Juvenile

Courts And the Present Juvenile Justice Boards 7

6. Juvenile Justice Board 7

7. Constitution of the Boards 8

8. Eligibility For Selection As

Member of Juvenile Justice Board 9

9. Most Crucial Change Brought About by The Act Of 2015 9

10. Conclusion 10

11. Bibliography 10
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JUVENILE COURTS
JUVENILE JUSTICE BOARDS
INTRODUCTION

THE JUVENILE court is a judicial tribunal characterized by special procedures and

distinctive methods of treatment of juveniles. It differs from the traditional adult criminal court
in many respects and reflects the philosophy that an erring child needs protection and should
be rehabilitated rather than be forced to defend himself under the contentious criminal justice
system meant for adults.

The criminal courts did not recognize the distinction between juvenile and adult
offenders so far as their trial and conviction were concerned. The children of impressionable
age were incarcerated in prisons and thus thrown into the corruptive company of hardened
criminals. However, in course of time, it came to be realized that the age-old methods of
incapacitation and deterrent punishment based on vengeance needed to be replaced by humane
and compassionate methods. The child was to be "treated" and "rehabilitated" and the
procedure and disposition were, therefore, to be therapeutic rather than punitive.1

The religious organizations, humanitarians and penologists joined hands to bring about
reform. As a matter of fact, several streams of reforms, such as the philanthropic movement for
humanizing the treatment of juvenile offenders, the growth of laws providing protection to
dependent and neglected children, and developments in criminal law and in equity, culminated
in setting up the first juvenile court in the West.2 India followed suit. A variety of reforms that
climaxed into the establishment of Juvenile Courts in India as well. Traditional criminal law
labelled offenders as ‘delinquent or neglected children’ and proceeded to punish them as
criminals but the new juvenile laws aim at reformative justice for the convicts.

At present the administration of juvenile justice is conducted as and by way of the

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

1
Journal of the Indian Law Institute: Precursors of Juvenile Courts In India
2
T.D. Sethi, "The Juvenile Court: Its Genesis, Philosophy and Characteristics",18 Social Defence 34-40 (1982)
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JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015

The Act is a central Act, which came into force on Jan 15, 2015 throughout the country.
This Act is a re-enactment of the earlier the Juvenile Justice (Care and Protection of Children)
Act, 2000 (56 of 2000) for the purpose of making comprehensive provisions for children
alleged and found to be in conflict with law and children in need of care and protection, taking
into consideration the standards prescribed in the:

• Convention on the Rights of the Child;

• the United Nations Standard Minimum Rules for the Administration of Juvenile Justice,
1985 (the Beijing Rules);
• the United Nations Rules for the Protection of Juveniles Deprived of their Liberty
(1990);
• the Hague Convention on Protection of Children and Co-operation in Respect of Inter-
country Adoption (1993); and
• other related international instruments.

The Juvenile Justice Act, in its preamble itself signifies the need of the child care by
providing that it is an Act to consolidate and amend the law relating to juveniles 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 in the adjudication and disposal of matters in the best interest of children and
for their rehabilitation through processes provided, and institutions and bodies established,
herein under and for matters connected therewith or incidental thereto.

One of the primary reasons for the introduction of this act was to address the
commission of heinous offences by juveniles aged 16-18. This development comes after the
infamous Mukesh & Anr. vs. State of NCT of Delhi, (2017) 6 SCC 1 (Nirbhaya case).

CATEGORIES OF CHILDREN DEALT WITH

At present the Juvenile Justice law in India deals with two categories of children:

1. Children in Conflict with Law

2. Children in Need of Care and Protection
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“Children in Need of Care and Protection” are those children who are picked up by
social workers and police officers from streets and from illegal work facilities like factories,
hotels etc.

“Children in Conflict of Law” are those, who accused or convicted of committing

crimes.

TRANSITION OF JUVENILE COURTS INTO JUVENILE JUSTICE BOARDS

Under the Indian Juvenile Justice law and provisions of the Criminal Code Procedure,
children are not to be taken to the regular criminal courts. The trial of those children in conflict
with law aged under 18 years fall into a special judicial area in India. They are handled by
Juvenile Justice Boards, or Juvenile courts, which are supposed to provide care and guidance
to the juvenile offenders during their hearing and detention. The purpose of a separate court is
that its purpose is socio-legal rehabilitation and reformation not punishment.

Earlier, these special courts dealing with child delinquency were termed as Juvenile
Courts and with several amendments and reforms these courts came to be transformed into
Juvenile Justice Boards (JJB) to make them more child friendly and reformative.

Under the Juvenile Justice Act, 1986 there were provisions to handle the cases relating
to delinquent children by the Juvenile courts and Special Homes. Later when an amended
Juvenile law was passed in the year 2000, similar powers relating to inquiry and trial of
delinquent children or children in conflict with law were handed to Juvenile Justice Boards,
which were similar to Juvenile Courts but had more comprehensive and reformative powers
than the Juvenile Courts.

So, the terminology of Juvenile Courts was used in the earlier period until the Act of
2000 came into effect and since then they were replaced by Juvenile Justice Boards. The new
law was framed to harmonize the Juvenile Laws & make them more reformative and
rehabilitative and thereby shred any punitive and regressive image of the juvenile justice
system by disassociating them with any references to Courts in general.

The aim of Juvenile Justice Boards is to hold the children culpable for their criminal
activity, not through punishment, but counselling the child to understand their actions and
persuade them away from criminal activities in the future.
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KEY DIFFERENCES BETWEEN THE EARLIER JUVENILE

COURTS AND THE PRESENT JUVENILE JUSTICE BOARDS

1. Under the Juvenile Justice Act, 1986, the Juvenile Court consisted of such number of
Metropolitan Magistrates or Judicial Magistrates of the first class as may be prescribed.
Every such juvenile court was to be assisted by a panel of two honorary social workers.
Whereas, since the enactment of the Juvenile Justice Act, 2000, inquiry is to be
conducted by the Juvenile Justice Board, consisting of a Metropolitan Magistrate or a
Chief Judicial Magistrate and two social workers at least one of who shall be a woman,
forming a bench and every such bench shall have the powers conferred by the Code of
Criminal Procedure, 1973. In the event of a difference of opinion among the members,
the opinion of the majority shall prevail, and when there is no majority, the opinion of
the principal magistrate shall prevail.

2. Under Act of 1986 Neglected Children were to be handled by Juvenile Welfare Boards
(JWB) and the Juvenile delinquents were to be produced before the Juvenile Courts
(JC). This classification was changed under the Act of 2000 as Children in Need of
Care and Protection & Children in conflict with law who were to be handled by Child
Welfare Committee and the Juvenile Justice Boards respectively.

Juvenile Justice Board

The Juvenile Justice Board is an institutional body constituted under Section 4 of the JJ Act,
2015. The Bench shall have all the powers conferred by the Code of Criminal Procedure, 1973
on a Metropolitan Magistrate or a Judicial Magistrate First Class.

The Board has the power to deal exclusively with all the proceedings under the Act, relating to
children in conflict with law, in the area of jurisdiction of such Board. The powers conferred
on the Board by or under this Act may also be exercised by the High Court and the Children’s
Court, when the proceedings come before them under section 19 or in appeal, revision or
otherwise.
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As per section 8 of the Act of 2015, the functions and responsibilities of the Board is to ensure
that the child’s rights are protected throughout the process of apprehending the child, inquiry,
aftercare and rehabilitation; to ensure availability of legal aid for the child through the legal
services institutions; adjudicate and dispose of cases of children in conflict with law in
accordance with the process of inquiry specified in section 14; conducting at least one
inspection visit every month of residential facilities for children in conflict with law and
recommend action for improvement in quality of services to the District Child Protection Unit
and the State Government; conducting regular inspection of jails meant for adults to check if
any child is lodged in such jails and take immediate measures for transfer of such a child to the
observation home.

According to the division of powers, the subject of administration of criminal justice has been
included in the State List (List II, Schedule VII) of the Indian Constitution. Therefore, one or
more than one Juvenile Justice Board(s) are established by the State Government for each
district. The Board exercises its powers and discharges functions relating to the ‘Child in
Conflict with Law’.

Under Section 7 of the Act, the procedure in relation to the Board has been laid down. The
Board shall meet and carry out transactions of business as may be prescribed. It is the duty of
the Board to ensure that all procedures are child friendly and the venue is not intimidating. If a
difference of opinion arises among the Board members in the interim or final disposal stage,
then there are two options - either the majority opinion will prevail or if there is no majority,
then the opinion of the Principal Magistrate will prevail.

In those circumstances when the Board is not sitting, a child in conflict with law may be
produced before an individual member. Further, the Board can pass orders even if any Board
member is absent and such orders cannot be held invalid by the only reason that any member
was absent during any stage of proceedings.

CONSTITUTION OF THE BOARDS

The constitution of the Boards has been provided in Section 4(2) of the Act. It states that the
Board shall consist of
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• A Metropolitan Magistrate or Judicial Magistrate First Class, not being Chief

Metropolitan Magistrate or Chief Judicial Magistrate, who shall be referred to as the
Principal Magistrate with at least 3 years’ experience

• Two social workers (of whom at least one shall be a woman) having Active
involvement for at least seven years in health, education or welfare activities pertaining
to children OR a practising professional with a degree in child psychology, psychiatry,
sociology or law.

ELIGIBILTY FOR SELECTION AS

MEMBER OF JUVENILE JUSTICE BOARD
As per Section 4(4) of the Act of 2015, no person shall be eligible for selection as a member
of the Board, if he—

• Has any past record of violation of human rights or child rights;

• Has been convicted of an offence which involving moral turpitude and such
conviction has not been reversed or has not been granted pardon;
• Has been removed or dismissed from the services of either the Central Government
or the State Government or an undertaking/ corporation owned or controlled by the
Central Government or the State Government
• Has ever indulged in the acts of Child abuse, Child labour or any other violation of
human rights or immoral act

MOST CRUCIAL CHANGE BROUGHT ABOUT BY THE ACT OF 2015

The most crucial change brought about by the Act OF 2015 is that under Section 15 of the Act,
a child who has completed or is above the age of 16 years can potentially be tried as an adult.
Under the Act, a child has been defined as a person who has not attained the age of 18 years of
age. Section 15 of the Act of 2015 mandates the Juvenile Justice Board to conduct a preliminary
assessment of children to understand their mental status. The Board may take the help of
psycho-social workers, psychologists and other experts to ascertain their mental capacity. If the
Board is satisfied that the child possesses the mental capacity to commit such a crime on the
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basis of the preliminary assessment conducted therein, it may send the child to be tried as an
adult by Children's Court under Section 18(3). This change is relevant, as such a transfer entails
a protracted process, characterized by an extremely adversarial hearing. The process envisaged
in the Act rebuts the presumption of Doli Incapax.

Conclusion
It can be concluded that after the enactment of the Act of 2015, the Juvenile Justice
Boards have an increased responsibility cast upon them as they now have to evaluate the mental
status of the juveniles in case of heinous crimes and strike a proper balance with the original
reformatory aim of the Juvenile Laws with the present social scenario wherein juvenile crimes
have increased considerably and where heinous crimes, such as the one committed in the
Nirbhaya case, are being committed by such juveniles with malafide intents.

***

BIBLIOGRAPHY

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

Juvenile Justice (Care and Protection of Children) Act, 2000
Juvenile Justice Act, 1986
Code of Criminal Procedure, 1973

Books: T.D. Sethi, "The Juvenile Court: Its Genesis, Philosophy and Characteristics"
S. R. Myneni – “Offences against Child and Juvenile Justice”
Ratanlal & Dhirajlal – “The Code of Criminal Procedure”

Articles: Journal of the Indian Law Institute: Precursors of Juvenile Courts in India

Case Laws: Mukesh & Anr vs. State of NCT of Delhi (Nirbhaya case), (2017) 6 SCC 1