What are the objectives of the Juvenile Justice (Care and Protection) Act, 2015.
The Juvenile Justice (Care and Protection of Children) Act, 2015, is a pivotal piece of legislation, designed to address the multifaceted needs of children, both those
in conflict with the law and those requiring care and protection. Enacted to replace the Juvenile Justice (Care and Protection of Children) Act, 2000, it aligns with
constitutional mandates under Articles 15(3), 39(e) and (f), 45, and 47, as well as international commitments such as the United Nations Convention on the Rights
of the Child (UNCRC).
Objectives of the Juvenile Justice (Care and Protection of Children) Act, 2015.
1.The Act aims to ensure the care, protection, development, and rehabilitation of children through a child-friendly approach in the adjudication and disposition of
matters, prioritizing their best interests. It emphasizes restorative justice over punitive measures, focusing on reintegration into society. For example, a 15-year-old
apprehended for petty theft would likely be directed toward counseling or vocational training rather than detention, fostering reform and societal contribution.
2.It seeks to consolidate and strengthen the legal framework for addressing the needs of children in conflict with the law and those in need of care and protection.
This unified approach ensures specialized handling for diverse circumstances.For instance, a 12-year-old orphan requiring shelter and a 16-year-old accused of
assault are both addressed through dedicated bodies like Juvenile Justice Boards and Child Welfare Committees, ensuring tailored interventions.
3.The Act is designed to facilitate the rehabilitation and social reintegration of children through both institutional and non-institutional measures. Institutional options
include children’s homes, while non-institutional measures encompass foster care and adoption.For example, a child rescued from human trafficking might be placed
in a children’s home for education and psychological support, or an orphaned 5-year-old could be adopted into a stable family environment.
4.It strives to establish a child-friendly justice system that makes decisions based on the child’s age, maturity, and circumstances, ensuring their dignity and rights
are upheld. For instance, during an inquiry, a Juvenile Justice Board would create a non-threatening environment for a 14-year-old accused of vandalism, explaining
proceedings in a way the child can understand and ensuring their emotional well-being.
5.The Act aims to streamline the adoption process by providing a clear legal framework, ensuring children without parental care find permanent families. Through
the Central Adoption Resource Authority (CARA), it facilitates legal adoptions. For example, a couple adopting a 4-year-old orphan under the Act assumes full
parental responsibilities, granting the child legal rights equivalent to a biological child.
6.It seeks to address children in conflict with the law by categorizing offences into petty, serious, and heinous, allowing for appropriate interventions based on the
severity of the offence and the child’s developmental stage. For instance, a 17-year-old accused of a heinous offence like robbery may undergo a preliminary
assessment by the Juvenile Justice Board to determine whether they should be tried as an adult, balancing accountability with rehabilitation potential.
7.The Act is committed to protecting children in need of care and protection, such as those who are abused, neglected, homeless, or engaged in hazardous work, by
providing rescue, rehabilitation, and reintegration services. For example, a 10-year-old found begging on the streets would be referred to a Child Welfare Committee,
which might place them in a children’s home or arrange sponsorship for education to secure their future.
8.It promotes alternative care systems like foster care and sponsorship to reduce dependence on institutionalization, ensuring children grow in nurturing
environments. For instance, an 8-year-old whose parents are temporarily unable to provide care due to financial distress might be placed in foster care, allowing
them to live in a family setting while maintaining contact with their biological parents.
9.The Act ensures compliance with international standards, particularly the UNCRC, by incorporating principles such as non-discrimination, the right to survival
and development, and the child’s participation in decisions affecting them. For example, a Child Welfare Committee might involve a 13-year-old in discussions
about their placement in a foster home, respecting their views and preferences.
10.It aims to enhance monitoring and accountability by establishing bodies like Juvenile Justice Boards, Child Welfare Committees, and District Child Protection
Units to oversee the Act’s implementation. For instance, a District Child Protection Unit might conduct regular inspections of a children’s home to ensure compliance
with care standards, holding authorities accountable for the well-being of children.
Define child under the Juvenile Justice (Care and Protection of Children) Act, 2015
The term “child” is defined as any person below 18 years of age, aligning with international standards and ensuring all individuals under 18 are entitled to the Act’s
protections. For example, a 17-year-old apprehended for graffiti would be processed through the juvenile justice system, focusing on rehabilitation rather than adult
criminal courts.
Define a child in conflict with the law under the Juvenile Justice (Care and Protection of Children) Act, 2015.
A “child in conflict with the law” refers to a child who is alleged or found to have committed an offence and has not completed 18 years of age on the date of the
offence. This definition ensures specialized treatment for young offenders. For instance, a 16-year-old caught stealing would appear before a Juvenile Justice Board,
which might prescribe community service or counseling to promote reform.
What do you mean by child in need as per JJ Act?
A “child in need of care and protection” encompasses children in vulnerable situations, such as those who are orphaned, abused, neglected, homeless, or engaged
in hazardous employment. This broad definition addresses diverse vulnerabilities. For example, a 12-year-old rescued from a factory employing child labor or a
child found abandoned at a railway station would be referred to a Child Welfare Committee for placement in a safe environment, such as a children’s home or foster
care.
What do you mean by “heinous offences” as per JJ Act?
The term “heinous offences” refers to offences carrying a minimum punishment of seven years imprisonment or more under any law. This definition is crucial for
children aged 16–18, as it allows the Juvenile Justice Board to assess whether they should be tried as adults in exceptional cases. For example, a 17-year-old accused
of murder, a heinous offence, would undergo a preliminary assessment to evaluate their mental and physical capacity, determining whether the case is transferred to
a regular court.
What do you mean by “Serious offences” as per JJ Act?
“Serious offences” are those with a punishment between three and seven years, while “petty offences” carry a maximum of three years imprisonment. These
classifications guide the Juvenile Justice Board in determining appropriate interventions. For instance, a 14-year-old involved in a petty offence like shoplifting
might receive counselling, while a 16-year-old committing a serious offence like assault could be placed in a special home for rehabilitation.
Write a short note on the Juvenile Justice Board as per JJ Act?
The Juvenile Justice Board is a body constituted under the Act to handle cases of children in conflict with the law, comprising a Metropolitan Magistrate or Judicial
Magistrate First Class and two social workers, one of whom must be a woman. For example, a 15-year-old accused of theft would appear before the Board, which
conducts a child-friendly inquiry and may order vocational training or community service.
Write a short note on the “Child Welfare Committee” as per JJ Act?
The “Child Welfare Committee” is established to address the needs of children requiring care and protection, consisting of a chairperson and four members with
expertise in child welfare. For instance, a 9-year-old found living on the streets would be assessed by the Committee, which might place them in a children’s home
or facilitate adoption, depending on their circumstances.
Write a short note on the “children’s home” as per JJ Act?
A “children’s home” is an institution established by the government or a voluntary organization to provide care, protection, and rehabilitation for children in need
of care and protection. For example, a child rescued from trafficking might be placed in a children’s home, where they receive education, medical care, and
psychological support to aid their reintegration into society.
Write a short note on the “observation home” as per JJ Act?
An “observation home” is a facility for children in conflict with the law during the pendency of their inquiry, while a “special home” is for those found guilty,
focusing on reformation through education and skill development. For instance, a 16-year-old awaiting inquiry for vandalism might stay in an observation home,
and if found guilty, be transferred to a special home for vocational training.
Define adoption as per JJ Act.
“Adoption” is defined as the process through which a child is permanently separated from their biological parents and becomes the lawful child of adoptive parents,
with all associated legal rights, privileges, and responsibilities. For example, a couple adopting a 5-year-old orphan through CARA under the Act assumes full
parental duties, ensuring the child’s legal and emotional security.
Define Foster care as per JJ Act.
“Foster care” refers to a system where a child is placed temporarily with a family to provide a nurturing environment. For instance, a 10-year-old whose parents are
incarcerated might be placed in foster care, allowing them to live in a family setting while maintaining contact with their biological parents, if possible.
What do you mean by “best interest of the child” as per JJ Act
The “best interest of the child” is the guiding principle for all decisions under the Act, ensuring the child’s safety, well-being, and development are prioritized. For
example, when deciding whether a 11-year-old should be placed in a children’s home or with a foster family, the Child Welfare Committee would choose the option
that best supports the child’s emotional and physical growth.
Define guardian as per JJ Act
Additional definitions include “guardian” (a person responsible for a child’s care, excluding adoptive parents), “fit person” (an individual deemed capable of caring
for a child), and “sponsorship” (financial or other support to meet a child’s needs). For example, a non-profit organization providing educational sponsorship to a
child in a children’s home illustrates the concept of sponsorship, ensuring access to schooling and resources.
Define complaint as per BNSS
The term “complaint” is defined under Section 2(d) of the Bharatiya Nagarik Suraksha Sanhita, 2023, as any allegation made orally or in writing to a Magistrate,
with a view to their taking action under the Sanhita, that some person, whether known or unknown, has committed an offence, but does not include a police report.
This definition clarifies that a complaint is a formal mechanism to initiate judicial proceedings, distinct from a police report, such as a First Information Report
(FIR). The complaint is typically directed to a Magistrate, who then decides whether to proceed with an inquiry or trial based on the allegations. The definition
emphasizes the complainant’s intent to seek judicial intervention and covers both identified and unidentified offenders, ensuring flexibility in addressing criminal
acts. For example, consider a scenario where Priya, a shopkeeper, discovers that her neighbor, Ramesh, has been spreading false rumors about her business to ruin
her reputation, constituting the offence of defamation under the BNS. Priya files a written complaint with a Magistrate, detailing Ramesh’s actions and requesting
legal action. This written submission qualifies as a complaint under the BNSS because it is made directly to a judicial authority, seeks action for an offence, and is
not a police report. The Magistrate may then conduct an inquiry or direct an investigation to verify the allegations. Another example involves an unidentified offender.
Suppose a resident, Anil, notices that someone has been illegally dumping toxic waste near his village, causing health hazards, but he cannot identify the culprit. He
submits an oral complaint to a Magistrate, describing the situation and urging action. This oral allegation also constitutes a complaint under the BNSS, as it seeks
judicial intervention for an offence, even though the offender is unknown. The Magistrate might order a preliminary inquiry or direct the police to investigate further,
demonstrating the complaint’s role in initiating legal proceedings.
Define Cognizable and Non-Cognizable Offences as per the BNSS
The terms “cognizable offence” and “non-cognizable offence” are defined under Sections 2(g) and 2(o) of the Bharatiya Nagarik Suraksha Sanhita, 2023, respectively,
and are crucial for determining the powers of the police and the procedural approach to criminal investigations. A cognizable offence, as per Section 2(g), is an
offence for which a police officer may, in accordance with the First Schedule of the BNSS or any other law, arrest without a warrant and initiate an investigation
without the need for a Magistrate’s order. These offences are typically serious in nature, carrying harsher penalties, and require immediate action to maintain public
safety or prevent further harm. Examples of cognizable offences under the BNS include murder, rape, kidnapping, theft, and robbery, which often involve
punishments exceeding three years, including life imprisonment or the death penalty. For instance, if a woman reports to the police that she was assaulted and
robbed in a public place, the offence of robbery (punishable under Section 307 of the BNS with up to seven years’ imprisonment) is cognizable. The police can
immediately register an FIR under Section 173 of the BNSS, arrest the suspect without a warrant, and begin an investigation without awaiting a Magistrate’s approval.
This kind of swift response is critical for serious crimes, ensuring timely apprehension and evidence collection. In contrast, a non-cognizable offence, as defined
under Section 2(o) of the BNSS, is an offence for which a police officer has no authority to arrest without a warrant or to i nvestigate without an order from a
Magistrate. These offences are generally less severe, with punishments typically not exceeding three years, and often involve disputes that do not pose an immediate
threat to public safety. Examples include minor offences like simple cheating or public nuisance. The First Schedule of the BNSS classifies offences as cognizable
or non-cognizable, guiding police action accordingly. For example, suppose Vikram, a tenant, refuses to pay rent and verbally threatens his landlord, Anil, without
physical harm, potentially constituting criminal intimidation under Section 351 of the BNS (punishable with up to two years’ imprisonment for certain forms). This
is a non-cognizable offence. If Anil reports this to the police, they cannot arrest Vikram or investigate without a Magistrate’s order. Anil would need to file a complaint
with a Magistrate, who might then direct the police to investigate or dismiss the case based on evidence. This requirement ensures judicial oversight for less severe
offences, preventing unnecessary arrests. consider a case of cheating where Priya deceives Anjali into transferring ₹5 lakhs for a fake investment scheme, an offence
under Section 318 of the BNS (punishable with up to seven years’ imprisonment and fine). This is a cognizable offence, allowing the police to arrest Priya without
a warrant upon Anjali’s FIR and initiate an investigation immediately. However, if the same case involved a minor deceit, such as Priya selling Anjali a defective
product worth a small amount, it might fall under a less severe provision, potentially classified as non-cognizable, requiring a Magistrate’s order for police action.
The distinction between cognizable and non-cognizable offences significantly impacts the criminal justice process. Cognizable offences allow for proactive police
intervention, ensuring rapid response to serious crimes, while non-cognizable offences require judicial oversight, protecting individuals from arbitrary arrests in less
serious matters. The First Schedule of the BNSS provides detailed classifications, and the BNS specifies the punishment for each offence, which influences whether
it is cognizable or non-cognizable. For instance, serious offences like murder (Section 103 of the BNSS) are cognizable and non-bailable, while minor offences like
causing simple hurt (Section 115 of the BNSS) may be non-cognizable and bailable, depending on the circumstances.
Q.Late at night, Suresh sees a group of individuals attacking a shopkeeper, Mohan, with knives, causing serious injuries. Suresh calls the police, who arrive at the
scene and find Mohan unconscious.
How should the police proceed under the BNSS, and is this a cognizable or non-cognizable offence?
The attack with knives causing serious injuries likely falls under Section 351(2) of the BNS, 2023, for causing grievous hurt, which is a cognizable offence under
the BNSS (Section 2(1)(c)). The police can register an FIR, investigate without court permission, and arrest suspects without a warrant.
a) What immediate actions can the police take upon arriving at the scene?
The police can immediately register an FIR under Section 154 of the BNSS, secure the crime scene, ensure Mohan receives medical attention, and collect evidence
(e.g., witness statements, knife). Section 105 of the BNSS may require videography during searches.
b) Does the police need a magistrate’s permission to investigate this case?
No, the police do not need a magistrate’s permission to investigate, as cognizable offences allow investigation without prior court approval per Section 2(1)(c) of the
BNSS.
c) If a suspect is identified, can the police arrest them without a warrant?
Yes, the police can arrest the suspects without a warrant, as cognizable offences permit arrests without judicial authorization under Section 41 of the BNSS.
2.Anita reports to the police that her neighbor, Rajesh, has been trespassing on her property and damaging her garden plants. She demands that the police
arrest Rajesh immediately.
How will the police handle Anita’s complaint under the BNSS, and is this a cognizable or non-cognizable offence?
Trespass and mischief (e.g., damaging plants) under Sections 329 and 335 of the BNS, 2023, are typically non-cognizable offences unless aggravated. Per Section
2(1)(l) of the BNSS, the police cannot arrest or investigate without a magistrate’s order. The police will record the complaint in the Non-Cognizable (NC) register
and advise Anita to approach a magistrate.
a) Can the police arrest Rajesh based on Anita’s complaint alone?
No, the police cannot arrest Rajesh based solely on Anita’s complaint, as non-cognizable offences require a warrant for arrest under Section 2(1)(l) of the BNSS.
b) What steps must Anita take to pursue legal action against Rajesh?
Anita must file a complaint with a magistrate under Section 223 of the BNSS, who may order an investigation or issue a warrant if deemed necessary.
c) If Rajesh escalates the situation by threatening Anita with violence, how would the offence classification change?
If Rajesh threatens Anita with violence (e.g., criminal intimidation under Section 351(2) of the BNS), it becomes a cognizable offence, allowing the police to register
an FIR, investigate, and arrest without a warrant.
Q.During a family dispute, Kiran slaps his brother, Vinod, and later steals Vinod’s gold watch worth ₹50,000. Vinod reports both incidents to the police,
demanding action.
How will the police classify and handle the slap and theft under the BNSS, and which offences are cognizable or non-cognizable?
The slap (simple hurt under Section 351(5) of the BNS) is a non-cognizable offence, while theft of property worth ₹50,000 (Section 303(2) of the BNS) is a cognizable
offence. The police can register an FIR for the theft and investigate without a warrant but will need a magistrate’s order to investigate the slap.
a) How will the police treat the slap compared to the theft in terms of immediate action?
For the slap, the police will record an NC complaint and cannot arrest or investigate without a magistrate’s order (Section 2(1)(l), BNSS). For the theft, they can
register an FIR under Section 154, investigate, and arrest Kiran without a warrant (Section 41, BNSS).
b) Can the police club both offences in a single FIR?
Yes, the police can club both offences in a single FIR if they are part of the same transaction, as per Section 154(1) of the BNSS. However, investigation of the non-
cognizable offence (slap) requires magistrate approval under Section 155(2).
c) What role does the value of the stolen item play in the classification of the theft?
The value of the stolen item (₹50,000) makes the theft a cognizable offence under Section 303(2) of the BNS, as theft is cognizable when the value exceeds ₹5,000
(as per the First Schedule of the BNSS). If the watch were worth less than ₹5,000, it would be non-cognizable.
4.During a public gathering, Rakesh is seen brandishing a firearm and threatening to shoot people, causing panic. A bystander informs the police, who
rush to the scene.
What actions can the police take under the BNSS, and is this a cognizable or non-cognizable offence?
Brandishing a firearm and threatening to shoot constitutes criminal intimidation (Section 351(2), BNS) and possibly an offence under the Arms Act, both of which
are cognizable offences. Under Section 2(1)(c) of the BNSS, the police can register an FIR, investigate, and arrest Rakesh without a warrant.
a) Can the police register an FIR based on the bystander’s report?
Yes, the police can register an FIR based on the bystander’s report under Section 154(1) of the BNSS, as cognizable offences allow action based on credible
information, even from a third party.
b) What additional measures can the police take to ensure public safety?
The police can seize the firearm (Section 102, BNSS), detain Rakesh (Section 41), and disperse the crowd to prevent harm. They may also invoke preventive
measures under Section 144 of the BNSS if public safety is at risk.
c) If Rakesh claims he was joking and had no intent to harm, does it affect the offence classification?
Rakesh’s claim of joking does not change the classification of the offence as cognizable, as the act of threatening with a firearm creates public fear and falls under
Section 351(2) of the BNS. Intent may be relevant during trial but does not affect the police’s immediate authority.
