THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015

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ARRANGEMENT OF SECTIONS
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CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent, commencement and application.
2. Definitions.
CHAPTER II
GENERAL PRINCIPLES OF CARE AND PROTECTION OF CHILDREN
3. General principles to be followed in administration of Act.
CHAPTER III
JUVENILE JUSTICE BOARD
4. Juvenile Justice Board.
5. Placement of person, who cease to be a child during process of inquiry.
6. Placement of persons, who committed an offence, when person was below the age of eighteen
years.
7. Procedure in relation to Board.
8. Powers, functions and responsibilities of the Board.
9. Procedure to be followed by a Magistrate who has not been empowered under this Act.
CHAPTER IV
PROCEDURE IN RELATION TO CHILDREN IN CONFLICT WITH LAW
10. Apprehension of child alleged to be in conflict with law.
11. Role of person in whose charge child in conflict with law is placed.
12. Bail to a person who is apparently a child alleged to be in conflict with law.
13. Information to parents, guardian or probation officer.
14. Inquiry by Board regarding child in conflict with law.
15. Preliminary assessment into heinous offences by Board.
16. Review of pendency of inquiry.
17. Orders regarding a child not found to be in conflict with law.
18. Orders regarding child found to be in conflict with law.
19. Powers of Children’s Court.
20. Child attained age of twenty-one years and yet to complete prescribed term of stay in place of
safety.

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 THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015
ACT NO. 2 OF 2016
[31st December, 2015.]
An Act 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 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.
WHEREAS, the provisions of the Constitution confer powers and impose duties, under clause (3)
of article 15, clauses (e) and (f) of article 39, article 45 and article 47, on the State to ensure that all the
needs of children are met and that their basic human rights are fully protected;
AND WHEREAS, the Government of India has acceded on the 11th December, 1992 to the Convention
on the Rights of the Child, adopted by the General Assembly of United Nations, which has prescribed a
set of standards to be adhered to by all State parties in securing the best interest of the child;
AND WHEREAS, it is expedient to re-enact the Juvenile Justice (Care and Protection of Children)
Act, 2000 (56 of 2000) to make 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.
BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. Short title, extent, commencement and application.—(1) This Act may be called the Juvenile
Justice (Care and Protection of Children) Act, 2015.
(2) It extends to the whole of India 1***.
(3) It shall come into force on such date2 as the Central Government may, by notification in the
Official Gazette, appoint.
(4) Notwithstanding anything contained in any other law for the time being in force, the provisions of
this Act shall apply to all matters concerning children in need of care and protection and children in
conflict with law, including —
(i) apprehension, detention, prosecution, penalty or imprisonment, rehabilitation and social
re-integration of children in conflict with law;
(ii) procedures and decisions or orders relating to rehabilitation, adoption, re-integration, and
restoration of children in need of care and protection.
2. Definitions.—In this Act, unless the context otherwise requires,—
(1) “abandoned child” means a child deserted by his biological or adoptive parents or guardians,
who has been declared as abandoned by the Committee after due inquiry;

1. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-
2019).
2. 15th January, 2016, vide notification No. S.O. 110(E), dated 12th January, 2016, see Gazette of India, Extraordinary, Part II,
sec. 3(ii).

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 (2) “adoption” means the process through which the adopted child is permanently separated from
his biological parents and becomes the lawful child of his adoptive parents with all the rights,
privileges and responsibilities that are attached to a biological child;
(3) “adoption regulations” means the regulations framed by the Authority and notified by the
Central Government in respect of adoption;
1
[* * * * *]
(5) “aftercare” means making provision of support, financial or otherwise, to persons, who have
completed the age of eighteen years but have not completed the age of twenty-one years, and have
left any institutional care to join the mainstream of the society;
(6) “authorised foreign adoption agency” means a foreign social or child welfare agency that is
authorised by the Central Adoption Resource Authority on the recommendation of their Central
Authority or Government department of that country for sponsoring the application of non-resident
Indian or overseas citizen of India or persons of Indian origin or foreign prospective adoptive parents
for adoption of a child from India;
(7) “Authority” means the Central Adoption Resource Authority constituted under section 68;
(8) “begging” means—
(i) soliciting or receiving alms in a public place or entering into any private premises for the
purpose of soliciting or receiving alms, under any pretence;
(ii) exposing or exhibiting with the object of obtaining or extorting alms, any sore, wound,
injury, deformity or disease, whether of himself or of any other person or of an animal;
(9) “best interest of child” means the basis for any decision taken regarding the child, to ensure
fulfilment of his basic rights and needs, identity, social well-being and physical, emotional and
intellectual development;
(10) “Board” means a Juvenile Justice Board constituted under section 4;
(11) “Central Authority” means the Government department recognised as such under the Hague
Convention on Protection of Children and Cooperation in Inter-country Adoption (1993);
(12) “child” means a person who has not completed eighteen years of age;
(13) “child in conflict with law” means a child who is alleged or found to have committed an
offence and who has not completed eighteen years of age on the date of commission of such offence;
(14) “child in need of care and protection” means a child—
(i) who is found without any home or settled place of abode and without any ostensible
means of subsistence; or
(ii) who is found working in contravention of 2[the provisions of this Act or] labour laws for
the time being in force or is found begging, or living on the street; or
(iii) who resides with a person (whether a guardian of the child or not) and such person—
(a) has injured, exploited, abused or neglected the child or has violated any other law for
the time being in force meant for the protection of child; or
(b) has threatened to kill, injure, exploit or abuse the child and there is a reasonable
likelihood of the threat being carried out; or
(c) has killed, abused, neglected or exploited some other child or children and there is a
reasonable likelihood of the child in question being killed, abused, exploited or neglected by
that person; or

1. Clause 4 omitted by Act 23 of 2021 s. 2 (w.e.f. 1-9-2022).

2. Ins. by s. 2, ibid., (w.e.f. 1-9-2022).

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 (iv) who is mentally ill or mentally or physically challenged or suffering from terminal or
incurable disease, having no one to support or look after or having parents or guardians unfit to
take care, if found so by the Board or the Committee; or
(v) who has a parent or guardian and such parent or guardian is found to be unfit or
incapacitated, by the Committee or the Board, to care for and protect the safety and well-being of
the child; or
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[(vi) who does not have parents and no one is willing to take care of and protect or who is
abandoned or surrendered;]
(vii) who is missing or run away child, or whose parents cannot be found after making
reasonable inquiry in such manner as may be prescribed; or
(viii) who has been or is being or is likely to be abused, tortured or exploited for the purpose
of sexual abuse or illegal acts; or
(ix) who is found vulnerable and 2[has been or is being or is likely to be] inducted into drug
abuse or trafficking; or
(x) who is being or is likely to be abused for unconscionable gains; or
(xi) who is victim of or affected by any armed conflict, civil unrest or natural calamity; or
(xii) who is at imminent risk of marriage before attaining the age of marriage and whose
parents, family members, guardian and any other persons are likely to be responsible for
solemnisation of such marriage;
(15) “child friendly” means any behaviour, conduct, practice, process, attitude, environment or
treatment that is humane, considerate and in the best interest of the child;
(16) “child legally free for adoption” means a child declared as such by the Committee after
making due inquiry under section 38;
(17) “Child Welfare Officer” means an officer attached to a 3[child care institution], for carrying
out the directions given by the Committee or, as the case may be, the Board with such responsibility
as may be prescribed;
(18) “Child Welfare Police Officer” means an officer designated as such under sub-section (1) of
section 107;
(19) “Children’s Home” means a Children’s Home, established or maintained, in every district or
group of districts, by the State Government, either by itself, or through a voluntary or
non-governmental organisation, and is registered as such for the purposes specified in section 50;
(20) “Children’s Court” means a court established under the Commissions for Protection of Child
Rights Act, 2005 (4 of 2006) or a Special Court under the Protection of Children from Sexual
Offences Act, 2012 (32 of 2012), wherever existing and where such courts have not been designated,
the Court of Sessions having jurisdiction to try offences under the Act;
(21) “child care institution” means Children Home, open shelter, observation home, special home,
place of safety, Specialised Adoption Agency and a fit facility recognised under this Act for
providing care and protection to children, who are in need of such services;
(22) “Committee” means Child Welfare Committee constituted under section 27;
(23) “court” means a civil court, which has jurisdiction in matters of adoption and guardianship
and may include the District Court, Family Court and City Civil Courts;
(24) “corporal punishment” means the subjecting of a child by any person to physical punishment
that involves the deliberate infliction of pain as retribution for an offence, or for the purpose of
disciplining or reforming the child;
(25) “childline services” means a twenty-four hours emergency outreach service for children in
crisis which links them to emergency or long-term care and rehabilitation service;

1. Subs. by Act 23 of 2021, s. 2, for sub-clause (vi) (w.e.f. 1-9-2022).

2. Subs. by s. 2, ibid., for “is likely to be” (w.e.f. 1-9-2022).
3. Subs. by s. 2, ibid., for “Children’s Home” (w.e.f. 1-9-2022).

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 (xii) taking suo motu cognizance of cases and reaching out to children in need of care and
protection, who are not produced before the Committee, provided that such decision is taken by at
least three members;
(xiii) taking action for rehabilitation of sexually abused children who are reported as children in
need of care and protection to the Committee by Special Juvenile Police Unit or local police, as the
case may be, under the Protection of Children from Sexual Offences Act, 2012 (32 of 2012);
(xiv) dealing with cases referred by the Board under sub-section (2) of section 17;
(xv) co-ordinate with the police, labour department and other agencies involved in the care and
protection of children with support of the District Child Protection Unit or the State Government;
(xvi) in case of a complaint of abuse of a child in any child care institution, the Committee shall
conduct an inquiry and give directions to the police or the District Child Protection Unit or labour
department or childline services, as the case may be;
(xvii) accessing appropriate legal services for children;
(xviii) such other functions and responsibilities, as may be prescribed.
CHAPTER VI
PROCEDURE IN RELATION TO CHILDREN IN NEED OF CARE AND PROTECTION
31. Production before Committee.—(1) Any child in need of care and protection may be produced
before the Committee by any of the following persons, namely:—
(i) any police officer or special juvenile police unit or a designated Child Welfare Police Officer
or any officer of District Child Protection Unit or inspector appointed under any labour law for the
time being in force;
(ii) any public servant;
(iii) Childline Services or any voluntary or non-governmental organisation or any agency as may
be recognised by the State Government;
(iv) Child Welfare Officer or probation officer;
(v) any social worker or a public spirited citizen;
(vi) by the child himself; or
(vii) any nurse, doctor or management of a nursing home, hospital or maternity home:
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.
(2) The State Government may make rules consistent with this Act, to provide for the manner of
submitting the report to the Committee and the manner of sending and entrusting the child to children’s
home or fit facility or fit person, as the case may be, during the period of the inquiry.
32. Mandatory reporting regarding a child found separated from guardian.—(1) Any individual
or a police officer or any functionary of any organisation or a nursing home or hospital or maternity
home, who or which finds and takes charge, or is handed over a child who appears or claims to be
abandoned or lost, or a child who appears or claims to be an orphan without family support, shall within
twenty-four hours (excluding the time necessary for the journey), give information to the Childline
Services or the nearest police station or to a Child Welfare Committee or to the District Child Protection
Unit, or hand over the child to a child care institution registered under this Act, as the case may be.
1
[(2) The information regarding a child referred to in sub-section (1) shall be uploaded by the
Committee or the District Child Protection Unit or the child care institution, as the case may be, on a
portal as may be specified by the Central Government in this behalf.]

1. Subs. by Act 23 of 2021, s. 10, for sub-section (2) (w.e.f. 1-9-2022).

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 33. Offence of non-reporting.—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. Penalty for non-reporting.—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.
35. Surrender of children.—(1) A parent or guardian, who for physical, emotional and social factors
beyond their control, wishes to surrender a child, shall produce the child before the Committee.
(2) If, after prescribed process of inquiry and counselling, the Committee is satisfied, a surrender deed
shall be executed by the parent or guardian, as the case may be, before the Committee.
(3) The parents or guardian who surrendered the child, shall be given two months time to reconsider
their decision and in the intervening period the Committee shall either allow, after due inquiry, the child
to be with the parents or guardian under supervision, or place the child in a Specialised Adoption Agency,
if he or she is below six years of age, or a children’s home if he is above six years.
36. Inquiry.—(1) On production of a child or receipt of a report under section 31, the Committee
shall hold an inquiry in such manner as may be prescribed and the Committee, on its own or on the report
from any person or agency as specified in sub-section (2) of section 31, may pass an order to send the
child to the children’s home or a fit facility or fit person, and for speedy social investigation by a social
worker or Child Welfare Officer or Child Welfare Police Officer:
Provided that all children below six years of age, who are orphan, surrendered or appear to be
abandoned shall be placed in a Specialised Adoption Agency, where available.
(2) The social investigation shall be completed within fifteen days so as to enable the Committee to
pass final order within four months of first production of the child:
Provided that for orphan, abandoned or surrendered children, the time for completion of inquiry shall
be as specified in section 38.
(3) After the completion of the inquiry, if Committee is of the opinion that the said child has no
family or ostensible support or is in continued need of care and protection, it may send the child to a
Specialised Adoption Agency if the child is below six years of age, children’s home or to a fit facility or
person or foster family, till suitable means of rehabilitation are found for the child, as may be prescribed,
or till the child attains the age of eighteen years:
Provided that the situation of the child placed in a children’s home or with a fit facility or person or a
foster family, shall be reviewed by the Committee, as may be prescribed.
(4) The Committee shall submit a quarterly report on the nature of disposal of cases and pendency of
cases to the District Magistrate in the manner as may be prescribed, for review of pendency of cases.
(5) After review under sub-section (4), the District Magistrate shall direct the Committee to take
necessary remedial measures to address the pendency, if necessary and send a report of such reviews to
the State Government, who may cause the constitution of additional Committees, if required:
Provided that if the pendency of cases continues to be unaddressed by the Committee even after three
months of receiving such directions, the State Government shall terminate the said Committee and shall
constitute a new Committee.
(6) In anticipation of termination of the Committee and in order that no time is lost in constituting a
new Committee, the State Government shall maintain a standing panel of eligible persons to be appointed
as members of the Committee.
(7) In case of any delay in the constitution of a new Committee under sub-section (5), the Child
Welfare Committee of a nearby district shall assume responsibility in the intervening period.
37. Orders passed regarding a child in need of care and protection.—(1) The Committee on being
satisfied through the inquiry that the child before the Committee is a child in need of care and protection,

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may, on consideration of Social Investigation Report 1[***] and taking into account the child’s wishes in
case the child is sufficiently mature to take a view, pass one or more of the following orders, namely:—
(a) declaration that a child is in need of care and protection;
(b) restoration of the child to parents or guardian or family with or without supervision of Child
Welfare Officer or designated social worker;
(c) placement of the child in Children’s Home or fit facility or Specialised Adoption Agency for
the purpose of adoption for long term or temporary care, keeping in mind the capacity of the
institution for housing such children, either after reaching the conclusion that the family of the child
cannot be traced or even if traced, restoration of the child to the family is not in the best interest of the
child;
(d) placement of the child with fit person for long term or temporary care;
(e) foster care orders under section 44;
(f) sponsorship orders under section 45;
(g) directions to persons or institutions or facilities in whose care the child is placed, regarding
care, protection and rehabilitation of the child, including directions relating to immediate shelter and
services such as medical attention, psychiatric and psychological support including need-based
counselling, occupational therapy or behaviour modification therapy, skill training, legal aid,
educational services, and other developmental activities, as required, as well as follow-up and
coordination with the District Child Protection Unit or State Government and other agencies;
(h) declaration that the child is legally free for adoption under section 38.
(2) The Committee may also pass orders for—
(i) declaration of fit persons for foster care;
(ii) getting after care support under section 46 of the Act; or
(iii) any other order related to any other function as may be prescribed.
38. Procedure for declaring a child legally free for adoption.—(1) In case of orphan and
abandoned child, the Committee shall make all efforts for tracing the parents or guardians of the child and
on completion of such inquiry, if it is established that the child is either an orphan having no one to take
care, or abandoned, the Committee shall declare the child legally free for adoption:
Provided that such declaration shall be made within a period of two months from the date of
production of the child, for children who are up to two years of age and within four months for children
above two years of age:
Provided further that notwithstanding anything contained in this regard in any other law for the time
being in force, no first information report shall be registered against any biological parent in the process
of inquiry relating to an abandoned or surrendered child under this Act.
(2) In case of surrendered child, the institution where the child has been placed by the Committee on
an application for surrender, shall bring the case before the Committee immediately on completion of the
period specified in section 35, for declaring the child legally free for adoption.
(3) Notwithstanding anything contained in any other law for the time being in force, a child of a
mentally retarded parents or a unwanted child of victim of sexual assault, such child may be declared free
for adoption by the Committee, by following the procedure under this Act.
(4) The decision to declare an orphan, abandoned or surrendered child as legally free for adoption
shall be taken by at least three members of the Committee.

1. The words “submitted by Child Welfare Officer” omitted by Act 23 of 2021, s. 11 (w.e.f. 1-9-2022).

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 (5) The Committee shall inform 1 [the District Magistrate] the State Agency and the Authority
regarding the number of children declared as legally free for adoption and number of cases pending for
decision in the manner as may be prescribed, every month.
CHAPTER VII
REHABILITATION AND SOCIAL RE-INTEGRATION
39. Process of rehabilitation and social re-integration.—(1) The process of rehabilitation and
social integration of children under this Act shall be undertaken, based on the individual care plan of the
child, preferably through family based care such as by restoration to family or guardian with or without
supervision or sponsorship, or adoption or foster care:
Provided that all efforts shall be made to keep siblings placed in institutional or non-institutional care,
together, unless it is in their best interest not to be kept together.
(2) For children in conflict with law the process of rehabilitation and social integration shall be
undertaken in the observation homes, if the child is not released on bail or in special homes or place of
safety or fit facility or with a fit person, if placed there by the order of the Board.
(3) The children in need of care and protection who are not placed in families for any reason may be
placed in an institution registered for such children under this Act or with a fit person or a fit facility, on a
temporary or long-term basis, and the process of rehabilitation and social integration shall be undertaken
wherever the child is so placed.
(4) The Children in need of care and protection who are leaving institutional care or children in
conflict with law leaving special homes or place of safety on attaining eighteen years of age, may be
provided financial support as specified in section 46, to help them to re-integrate into the mainstream of
the society.
40. Restoration of child in need of care and protection.—(1) The restoration and protection of a
child shall be the prime objective of any Children’s Home, Specialised Adoption Agency or open shelter.
(2) The Children’s Home, Specialised Adoption Agency or an open shelter, as the case may be, shall
take such steps as are considered necessary for the restoration and protection of a child deprived of his
family environment temporarily or permanently where such child is under their care and protection.
(3) The Committee shall have the powers to restore any child in need of care and protection to his
parents, guardian or fit person, as the case may be, after determining the suitability of the parents or
guardian or fit person to take care of the child, and give them suitable directions.
Explanation.—For the purposes of this section, “restoration and protection of a child” means
restoration to—
(a) parents;
(b) adoptive parents;
(c) foster parents;
(d) guardian; or
(e) fit person.
2
[(4) The Committee shall submit a quarterly report regarding restored, dead and runaway children to
the State Government and the District Magistrate in such form as may be prescribed.]

41. Registration of child care institutions.—(1) Notwithstanding anything contained in any other
law for the time being in force, all institutions, whether run by a State Government or by voluntary or
non-governmental organisations, which are meant, either wholly or partially, for housing children in need
of care and protection or children in conflict with law, shall, be registered under this Act in such manner

1. Ins. by Act 23 of 2021, s. 12 (w.e.f. 1-9-2022).

2. Ins. by Act 23 of 2021, s. 13, (w.e.f. 1-9-2022).

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as may be prescribed, 1[***] regardless of whether they are receiving grants from the Central Government
or, as the case may be, the State Government or not:

Provided that the institutions having valid registration under the Juvenile Justice (Care and Protection
of Children) Act, 2000 (56 of 2000) on the date of commencement of this Act shall be deemed to have
been registered under this Act.

(2) At the time of registration under this section, the State Government 2[shall, after considering the
recommendations of the District Magistrate, determine] and record the capacity and purpose of the
institution and shall register the institution as a Children’s Home or open shelter or Specialised Adoption
Agency or observation home or special home or place of safety, as the case may be.

(3) On receipt of application for registration under sub-section (1), from an existing or new institution
housing children in need of care and protection or children in conflict with law, the State Government
may grant provisional registration, within one month from the date of receipt of application, for a
maximum period of six months, in order to bring such institution under the purview of this Act, and shall
determine the capacity of the Home which shall be mentioned in the registration certificate:

Provided that if the said institution does not fulfil the prescribed criteria for registration, within the
period specified in sub-section (1), the provisional registration shall stand cancelled and the provisions of
sub-section (5) shall apply.

(4) If the State Government does not issue a provisional registration certificate within one month from
the date of application, the proof of receipt of application for registration shall be treated as provisional
registration to run an institution for a maximum period of six months.

(5) If the application for registration is not disposed of within six months by any officer or officers of
any State Government, it shall be regarded as dereliction of duty on their part by their higher controlling
authority and appropriate departmental proceedings shall be initiated.

(6) The period of registration of an institution shall be five years, and it shall be subject to renewal in
every five years.

(7) The State Government may, after following the procedure as may be prescribed, cancel or
withhold registration, as the case may be, of such institutions which fail to provide rehabilitation and
reintegration services as specified in section 53 and till such time that the registration of an institution is
renewed or granted, the State Government shall manage the institution.

(8) Any child care institution registered under this section shall be duty bound to admit children,
subject to the capacity of the institution, as directed by the Committee, whether they are receiving grants
from the Central Government or, as the case may be, the State Government or not.

(9) Notwithstanding anything contained in any other law for the time being in force, the inspection
committee appointed under section 54, shall have the powers to inspect any institution housing children,
even if not registered under this Act to determine whether such institution is housing children in need of
care and protection.

42. Penalty for non-registration of child care institutions.—Any person, or persons, in-charge of
an institution housing children in need of care and protection and children in conflict with law, who fails
to comply with the provisions of sub-section (1) of section 41, shall be punished with imprisonment
which may extend to one year or a fine of not less than one lakh rupees or both:

Provided that every thirty days delay in applying for registration shall be considered as a separate
offence.

1. The words “, within a period of six months from the date of commencement of this Act,” omitted by Act 23 of 2021, s. 14,
(w.e.f. 1-9-2022).
2. Subs by s. 14, ibid., for “shall determine” (w.e.f. 1-9-2022).

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 43. Open shelter.—(1) The State Government may establish and maintain, by itself or through
voluntary or non-governmental organisations, as many open shelters as may be required, and such open
shelters shall be registered as such, in the manner as may be prescribed.

(2) The open shelters referred to in sub-section (1) shall function as a community based facility for
children in need of residential support, on short-term basis, with the objective of protecting them from
abuse or weaning them, or keeping them, away from a life on the streets.

(3) The open shelters shall send every month information, in the manner as may be prescribed,
regarding children availing the services of the shelter, to the District Child Protection Unit and the
Committee.

44. Foster care.—(1) The children in need of care and protection may be placed in foster care,
including group foster care for their care and protection through orders of the Committee, after following
the procedure as may be prescribed in this regard, in a family which does not include the child’s
biological or adoptive parents or in an unrelated family recognised as suitable for the purpose by the State
Government, for a short or extended period of time.

(2) The selection of the foster family shall be based on family’s ability, intent, capacity and prior
experience of taking care of children.

(3) All efforts shall be made to keep siblings together in foster families, unless it is in their best
interest not to be kept together.

(4) The State Government, after taking into account the number of children, shall provide monthly
funding for such foster care through District Child Protection Unit after following the procedure, as may
be prescribed, for inspection to ensure well being of the children.

(5) In cases where children have been placed in foster care for the reason that their parents have been
found to be unfit or incapacitated by the Committee, the child’s parents may visit the child in the foster
family at regular intervals, unless the Committee feels that such visits are not in the best interest of the
child, for reasons to be recorded therefor; and eventually, the child may return to the parent’s homes once
the parents are determined by the Committee to be fit to take care of the child.

(6) The foster family shall be responsible for providing education, health and nutrition to the child
and shall ensure the overall well being of the child in such manner, as may be prescribed.

(7) The State Government may make rules for the purpose of defining the procedure, criteria and the
manner in which foster care services shall be provided for children.

(8) The inspection of foster families shall be conducted every month by the Committee in the form as
may be prescribed to check the well-being of the child and whenever a foster family is found lacking in
taking care of the child, the child shall be removed from that foster family and shifted to another foster
family as the Committee may deem fit.

(9) No child regarded as adoptable by the Committee shall be given for long-term foster care.

45. Sponsorship.—(1) The State Government shall make rules for the purpose of undertaking various
programmes of sponsorship of children, such as individual to individual sponsorship, group sponsorship
or community sponsorship.

(2) The criteria for sponsorship shall include,—

(i) where mother is a widow or divorced or abandoned by family;

(ii) where children are orphan and are living with the extended family;

(iii) where parents are victims of life threatening disease;

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 (iv) where parents are incapacitated due to accident and unable to take care of children both
financially and physically.

(3) The duration of sponsorship shall be such as may be prescribed.

(4) The sponsorship programme may provide supplementary support to families, to Children’s Homes
and to special homes to meet medical, nutritional, educational and other needs of the children, with a view
to improving their quality of life.

46. After care of children leaving child care institution.—Any child leaving a child care institution
on completion of eighteen years of age may be provided with financial support in order to facilitate
child’s re-integration into the mainstream of the society in the manner as may be prescribed.

47. Observation homes.—(1) The State Government shall establish and maintain in every district or
a group of districts, either by itself, or through voluntary or non-governmental organisations, observation
homes, which shall be registered under section 41 of this Act, for temporary reception, care and
rehabilitation of any child alleged to be in conflict with law, during the pendency of any inquiry under
this Act.

(2) Where the State Government is of the opinion that any registered institution other than a home
established or maintained under sub-section (1), is fit for the temporary reception of such child alleged to
be in conflict with law during the pendency of any inquiry under this Act, it may register such institution
as an observation home for the purposes of this Act.

(3) The State Government may, by rules made under this Act, provide for the management and
monitoring of observation homes, including the standards and various types of services to be provided by
them for rehabilitation and social integration of a child alleged to be in conflict with law and the
circumstances under which, and the manner in which, the registration of an observation home may be
granted or withdrawn.

(4) Every child alleged to be in conflict with law who is not placed under the charge of parent or
guardian and is sent to an observation home shall be segregated according to the child’s age and gender,
after giving due consideration to physical and mental status of the child and degree of the offence
committed.

48. Special homes.—(1) The State Government may establish and maintain either by itself or through
voluntary or non-governmental organisations, special homes, which shall be registered as such, in the
manner as may be prescribed, in every district or a group of districts, as may be required for rehabilitation
of those children in conflict with law who are found to have committed an offence and who are placed
there by an order of the Juvenile Justice Board made under section 18.

(2) The State Government may, by rules, provide for the management and monitoring of special
homes, including the standards and various types of services to be provided by them which are necessary
for social re-integration of a child, and the circumstances under which, and the manner in which, the
registration of a special home may be granted or withdrawn.

(3) The rules made under sub-section (2) may also provide for the segregation and separation of
children found to be in conflict with law on the basis of age, gender, the nature of offence committed by
them and the child’s mental and physical status.

49. Place of safety.—(1) The State Government shall set up atleast one place of safety in a State
registered under section 41, so as to place a person above the age of eighteen years or child in conflict
with law, who is between the age of sixteen to eighteen years and is accused of or convicted for
committing a heinous offence.

(2) Every place of safety shall have separate arrangement and facilities for stay of such children or
persons during the process of inquiry and children or persons convicted of committing an offence.

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 (3) The State Government may, by rules, prescribe the types of places that can be designated as place
of safety under sub-section (1) and the facilities and services that may be provided therein.

50. Children’s Home.—(1) The State Government may establish and maintain, in every district or
group of districts, either by itself or through voluntary or non-governmental organisations, Children’s
Homes, which shall be registered as such, for the placement of children in need of care and protection for
their care, treatment, education, training, development and rehabilitation.

(2) The State Government shall designate any Children’s Home as a home fit for children with special
needs delivering specialised services, depending on requirement.

(3) The State Government may, by rules, provide for the monitoring and management of Children’s
Homes including the standards and the nature of services to be provided by them, based on individual
care plans for each child.

51. Fit facility.—(1) The Board or the Committee shall recognise a facility being run by a
Governmental organisation or a voluntary or non-governmental organisation registered under any law for
the time being in force to be fit to temporarily take the responsibility of a child for a specific purpose after
due inquiry regarding the suitability of the facility and the organisation to take care of the child in such
manner as may be prescribed.

(2) The Board or the Committee may withdraw the recognition under sub-section (1) for reasons to be
recorded in writing.

52. Fit person.—(1) The Board or the Committee shall, after due verification of credentials,
recognise any person fit to temporarily receive a child for care, protection and treatment of such child for
a specified period and in the manner as may be prescribed.

(2) The Board or Committee, as the case may be, may withdraw the recognition granted under sub-
section (1) for reasons to be recorded in writing.

53. Rehabilitation and re-integration services in institutions registered under this Act and
management thereof.—(1) The services that shall be provided, by the institutions registered under this
Act in the process of rehabilitation and re-integration of children, shall be in such manner as may be
prescribed, which may include—

(i) basic requirements such as food, shelter, clothing and medical attention as per the prescribed
standards;

(ii) equipment such as wheel-chairs, prosthetic devices, hearing aids, braille kits, or any other
suitable aids and appliances as required, for children with special needs;

(iii) appropriate education, including supplementary education, special education, and appropriate
education for children with special needs:

Provided that for children between the age of six to fourteen years, the provisions of the Right of
Children to Free and Compulsory Education Act, 2009 (35 of 2009) shall apply;

(iv) skill development;

(v) occupational therapy and life skill education;

(vi) mental health interventions, including counselling specific to the need of the child;

(vii) recreational activities including sports and cultural activities;

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 (viii) legal aid where required;

(ix) referral services for education, vocational training, de-addiction, treatment of diseases where
required;

(x) case management including preparation and follow up of individual care plan;

(xi) birth registration;

(xii) assistance for obtaining the proof of identity, where required; and

(xiii) any other service that may reasonably be provided in order to ensure the well-being of the
child, either directly by the State Government, registered or fit individuals or institutions or through
referral services.

(2) Every institution shall have a Management Committee, to be set up in a manner as may be
prescribed, to manage the institution and monitor the progress of every child.

(3) The officer in-charge of every institution, housing children above six years of age, shall facilitate
setting up of children’s committees for participating in such activities as may be prescribed, for the safety
and well-being of children in the institution.

54. Inspection of institutions registered under this Act.—(1) The State Government shall appoint
inspection committees for the State and district, as the case may be, for all institutions registered or
recognised to be fit under this Act for such period and for such purposes, as may be prescribed.

(2) Such inspection committees shall mandatorily conduct visits to all facilities housing children in
the area allocated, at least once in three months in a team of not less than three members, of whom at least
one shall be a woman and one shall be a medical officer, and submit reports of the findings of such visits
within a week of their visit, to the 1[District Magistrate], for further action.

(3) On the submission of the report by the inspection committee within a week of the inspection,
appropriate action shall be taken within a month by the 2[District Magistrate] and a compliance report
shall be submitted to the State Government.

55. Evaluation of functioning of structures.—(1) The Central Government or State Government

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[or District Magistrate] may independently evaluate the functioning of the Board, Committee, special
juvenile police units, registered institutions, or recognised fit facilities and persons, at such period and
through such persons or institutions as may be prescribed by that Government.

(2) In case such independent evaluation is conducted by both the Governments, the evaluation made
by the Central Government shall prevail.

CHAPTER VIII

ADOPTION

56. Adoption.—(1) Adoption shall be resorted to for ensuring right to family for the orphan,
abandoned and surrendered children, as per the provisions of this Act, the rules made thereunder and the
adoption regulations framed by the Authority.

1. Subs. by Act 23 of 2021, s. 15, for “District Child Protection Units or State Government, as the case may be” (w.e.f. 1-9-
2022).
2. Subs. by s. 15, ibid., for “District Child Protection Unit or the State Government” (w.e.f. 1-9-2022).
3. Ins. by s. 16, ibid. (w.e.f. 1-9-2022).

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