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Report No. 135

5.5. Sections 21 and 22, Juvenile justice Act, 1986.-

Section 6, Probation of Offenders Act, summarised above1 must now be read with the provisions of the Juvenile Justice Act, 1986. Under section 21 of that Act, the juvenile court is authorised: (i) "to allow the juvenile to go home after advice or probation, or (ii) to direct that the juvenile be sent to a special home for a specified period, Imprisonment in the traditional sense is out of question for a juvenile offender who is tried being the juvenile court under the Juvenile Justice Act, 1986. Section 22 of the Act makes a specific provision in this regard, in sub-section (1) quoted below:

"(1) Notwithstanding anything to the contrary contained in any other law for the time, being in force, no delinquent juvenile shall be sentenced to death or imprisonment, or committed to prison in default of payment of fine or in default of furnishing security:

Provided that where a juvenile who has attained the age of fourteen years has committed an offence and the juvenile Court is satisfied that the offence committed is of so serious a nature or that his conduct, and behaviour have been such that it would not be in his interest or in the interest of other juveniles in a special home to send him to such home and that none of the other measures provided under this Act is suitable or sufficient, the Juvenile Court may order the delinquent juvenile to be kept in safe custody in such place and manner as it thinks fit and shall report the case for the orders of the State Government."

1. Para. 5.4, supra.

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