July 26, 2016

Government of India enacted the Juvenile Justice (Care and Protection of Children) Act, 2015 and the same got the Presidential assent on December 31, 2015. It is 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, hereinunder and for matters connected therewith or incidental thereto.

The Act consist of 112 Sections and the same is divided into 10 Chapters as follows;
  1. Chapter I – Preliminary
  2. Chapter II – General Principles of Care and Protection of Children
  3. Chapter III – Juvenile Justice Board
  4. Chapter IV – Procedure in relation to children in conflict with law
  5. Chapter V – Child welfare committee
  6. Chapter VI – Procedure in relation to children in need of care and protection
  7. Chapter VII – Rehabilitation and Social Re-integration
  8. Chapter VIII – Adoption
  9. Chapter IX – Other offences against children
  10. Chapter X – Miscellaneous

The Act extends to whole India except the state of Jammu & Kashmir. It came into effect from January 15, 2016.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;
  1. Apprehension, detention, prosecution, penalty or imprisonment, rehabilitation and social re-integration of children in conflict with law;
  2. Procedures and decisions or orders relating to rehabilitation, adoption, re-integration, and restoration of children in need of care and protection.

By virtue of Section 2(35)of this Act, a juvenile under this Act means a child below the age of 18 years, and the child means a person who has not attained the age of 18 years [Section 2(12)].


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