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


18. Orders regarding child found to be in conflict with law.

1.     Where a Board is satisfied on inquiry that a child irrespective of age has committed a petty offence, or a serious offence, or a child below the age of sixteen years has committed a heinous offence, then, notwithstanding anything contrary contained in any other law for the time being in force, and based on the nature of offence, specific need for supervision or intervention, circumstances as brought out in the social investigation report and past conduct of the child, the Board may, if it so thinks fit,—

a.     allow the child to go home after advice or admonition by following appropriate inquiry and counselling to such child and to his parents or the guardian;

b.    direct the child to participate in group counselling and similar activities;

c.     order the child to perform community service under the supervision of an organisation or institution, or a specified person, persons or group of persons identified by the Board;

d.    order the child or parents or the guardian of the child to pay fine:

Provided that, in case the child is working, it may be ensured that the provisions of any labour law for the time being in force are not violated;

e.     direct the child to be released on probation of good conduct and placed under the care of any parent, guardian or fit person, on such parent, guardian or fit person executing a bond, with or without surety, as the Board may require, for the good behaviour and child’s well-being for any period not exceeding three years;

f.     direct the child to be released on probation of good conduct and placed under the care and supervision of any fit facility for ensuring the good behaviour and child’s well-being for any period not exceeding three years;

g.    direct the child to be sent to a special home, for such period, not exceeding three years, as it thinks fit, for providing reformative services including education, skill development, counselling, behaviour modification therapy, and psychiatric support during the period of stay in the special home:

Provided that if the conduct and behaviour of the child has been such that, it would not be in the child’s interest, or in the interest of other children housed in a special home, the Board may send such child to the place of safety.

2.     If an order is passed under clauses (a) to (g) of sub-section (1), the Board may, in addition pass orders to—

              i.        attend school; or

             ii.        attend a vocational training centre; or

            iii.        attend a therapeutic centre; or

            iv.        prohibit the child from visiting, frequenting or appearing at a specified place; or

             v.        undergo a de-addiction programme.

3.     Where the Board after preliminary assessment under section 15 pass an order that there is a need for trial of the said child as an adult, then the Board may order transfer of the trial of the case to the Children’s Court having jurisdiction to try such offences.



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




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