The Juvenile justice act is the talk of the day after the Delhi Gang Rape incident, as one of the rapists, who was also the most brutal one among them is a juvenile and might escape harsh punishment.
Following are the features of the JJ Act for those who are interested and for those who are not interested but would have to read it anyway to get that 40 % to get your degrees :
1) The juvenile justice care and protection of children act replaced the erstwhile juvenile justice act 1986.
2) The JJA 1986 defined a boy who is 16 y.o.a and below as a juvenile and girl who is 18 y.o.a and below as a juvenile, The 2000 act repealed this and made a uniform 18 years of age for being a juvenile.
3) Certain definitions were replaced, such as a Juvenile delinquent was made into a juvenile in conflict with law.
4) Neglected juveniles are to be called as juvenile in need of care and protection.
5) The juvenile welfare boards and juvenile courts were made into child welfare committee and juvenile justice boards.
6) The 2000 act introduced the concept of adoption which was missing in the 1986 act.
For those who are wondering who a neglected juvenile/child in need of care and protection is, no its not a juvenile who didnt get access to an android phone, A neglected juvenile is :
1) One who is found begging.
2) Who is a destitute.
3) Parent or guardian is unfit or incapacitated to exercise control over the juvenile.
4) Lives in a brothel or with a prostitute or frequently goes to any place used for purpose of prostitution or is found to lead a life associated with a prostitute or a depraved life or with a drunkard.
Every district shall have a juvenile justice board for exercising powers relating to juvenile in conflict with law.
The board shall consist of a Metropolitan Magistrate, or a Judicial Magistrate of the first class, as the case may be.
No Magistrate can be appointed unless he has expert knowledge in child psychology.
No social worker shall be admitted to the board unless they have experience for atleast 7 years in health, education or welfare activities pertaining to children.
Powers conferred on the Board can be exercised by the high court or by the court of sessions in appeal, revision or otherwise.
When a magistrate who is not empowered to exercise the functions of the board is of the opinion that the person brought before him is a juvenile, he shall without any delay forward the person to the appropriate authority having jurisdiction over the proceedings.
Even if its discovered at a later stage of the case, or after disposal of the case that the person was a juvenile at the time of commission of the offence then the sentence passed shall have no effect and the person shall be forwarded to the board.
Orders which can be passed regarding the juvenile :
1) Allow juvenile to go home after advice and counseling .
2) Direct the juvenile to participate in group counseling or other activities.
3) Order Juvenile to perform community service.
4) Direct juvenile to be released for good conduct.
5) No case can a sentence exceeding 3 years can be passed.
6) Direct the juvenile to be sent to a special home for a period not exceeding 3 years.
A social investigation report shall be filed on the juvenile which is done on the findings of a probation officer or any other authorized person.
The juvenile shall be sent to an observation home while there is an inquiry pending against him
Such observation home shall be set up in every district by the government or by a voluntary organisation in collaboration with the government.
A special home shall be set up where the juvenile is sent once he/she is found guilty and is sentenced. In no case can a Juvenile be held in a special home exceeding 3 years.
The objective of the home is rehabilitate the juvenile in conflict with law or juvenile in need of care and protection.
1) Punishment for cruelty to juvenile.
2) Punishment for employing child or juvenile for begging.
3) Penalty for giving intoxicating substances to a juvenile.
4) Punishment for exploitation of juvenile or child employee.
5) All the above offences are cognizable offences.
6) Alternative punishment.- Where an act or omission constitute an offence punishable under
this Act and also under any other Central or State Act, then, notwithstanding anything contained
in any law for the time being in force, the offender found guilty of such offences shall be liable to
punishment only under such Act as provides for punishment which is greater in degree.
Following are the features of the JJ Act for those who are interested and for those who are not interested but would have to read it anyway to get that 40 % to get your degrees :
1) The juvenile justice care and protection of children act replaced the erstwhile juvenile justice act 1986.
2) The JJA 1986 defined a boy who is 16 y.o.a and below as a juvenile and girl who is 18 y.o.a and below as a juvenile, The 2000 act repealed this and made a uniform 18 years of age for being a juvenile.
3) Certain definitions were replaced, such as a Juvenile delinquent was made into a juvenile in conflict with law.
4) Neglected juveniles are to be called as juvenile in need of care and protection.
5) The juvenile welfare boards and juvenile courts were made into child welfare committee and juvenile justice boards.
6) The 2000 act introduced the concept of adoption which was missing in the 1986 act.
For those who are wondering who a neglected juvenile/child in need of care and protection is, no its not a juvenile who didnt get access to an android phone, A neglected juvenile is :
1) One who is found begging.
2) Who is a destitute.
3) Parent or guardian is unfit or incapacitated to exercise control over the juvenile.
4) Lives in a brothel or with a prostitute or frequently goes to any place used for purpose of prostitution or is found to lead a life associated with a prostitute or a depraved life or with a drunkard.
Juvenile justice board :
Every district shall have a juvenile justice board for exercising powers relating to juvenile in conflict with law.
The board shall consist of a Metropolitan Magistrate, or a Judicial Magistrate of the first class, as the case may be.
No Magistrate can be appointed unless he has expert knowledge in child psychology.
No social worker shall be admitted to the board unless they have experience for atleast 7 years in health, education or welfare activities pertaining to children.
Powers conferred on the Board can be exercised by the high court or by the court of sessions in appeal, revision or otherwise.
When a magistrate who is not empowered to exercise the functions of the board is of the opinion that the person brought before him is a juvenile, he shall without any delay forward the person to the appropriate authority having jurisdiction over the proceedings.
Even if its discovered at a later stage of the case, or after disposal of the case that the person was a juvenile at the time of commission of the offence then the sentence passed shall have no effect and the person shall be forwarded to the board.
Orders which can be passed regarding the juvenile :
1) Allow juvenile to go home after advice and counseling .
2) Direct the juvenile to participate in group counseling or other activities.
3) Order Juvenile to perform community service.
4) Direct juvenile to be released for good conduct.
5) No case can a sentence exceeding 3 years can be passed.
6) Direct the juvenile to be sent to a special home for a period not exceeding 3 years.
A social investigation report shall be filed on the juvenile which is done on the findings of a probation officer or any other authorized person.
The juvenile shall be sent to an observation home while there is an inquiry pending against him
Such observation home shall be set up in every district by the government or by a voluntary organisation in collaboration with the government.
A special home shall be set up where the juvenile is sent once he/she is found guilty and is sentenced. In no case can a Juvenile be held in a special home exceeding 3 years.
The objective of the home is rehabilitate the juvenile in conflict with law or juvenile in need of care and protection.
Following are the various punishment given out regarding juveniles:
1) Punishment for cruelty to juvenile.
2) Punishment for employing child or juvenile for begging.
3) Penalty for giving intoxicating substances to a juvenile.
4) Punishment for exploitation of juvenile or child employee.
5) All the above offences are cognizable offences.
6) Alternative punishment.- Where an act or omission constitute an offence punishable under
this Act and also under any other Central or State Act, then, notwithstanding anything contained
in any law for the time being in force, the offender found guilty of such offences shall be liable to
punishment only under such Act as provides for punishment which is greater in degree.
Rehabilitation and social integration:
The objective of the special homes are to rehabilitate and socially integrate the juvenile delinquents. Alternatively the following can be used to rehabilitate and socially integrate juveniles.
1) Adoption:
Orphaned, surrendered and abandoned children can be given up for adoption by following the requisite provisions.
No child can be given up for adoption:
unless two members of the committee declare that the child is legally free to be adopted. This is done in case of abandoned children.
2 months have to elapse since the parents agreed to surrender their children.
a child who is capable of understanding things, that child's consent too must be taken.
The court can give a child for adoption irrespective of marital status, irrespective of the sex of the person adopting, and also children can be given up for adoption to childless couples.
Foster care:
Foster care is a temporary set up. Which is done for temporary placement of children who are to be given up later for adoption.
The state government can make rules for foster care and adoption .
A child placed in foster care can be visited by the original parents of the child. Depending on the situation the child can go back to his own home.
Sponsorship:
A sponsorship scheme can be given to the adopted children and the families so that educational, medical and nutritional requirements of the child can be met. A individual sponsorship,group sponsorship or a community sponsorship can be arranged.
The state government makes the rules regarding the sponsorship.
After care organisation:
A child who leaves the special home can be sent to the after care organisation. Such organisation helps the Juvenile in achieving an industrious life and shall help him in not committing offences again.
No juvenile shall be made to stay in an after care organisation for more than three years.
A juvenile who is more than 17 but less than 18 can stay till he is 20.
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