The Juvenile Justice (Care and Protection of Children) Act, 2015 (Act No. 2 of 2016) consolidates and amends the law relating to children alleged and found to be in conflict with law and children in need of care and protection. It provides for their basic needs through proper care, protection, development, treatment and social re-integration, adopting a child-friendly approach in the adjudication of matters in the best interest of children, and establishes the Juvenile Justice Board, Child Welfare Committee, and Central Adoption Resource Authority. It repealed the earlier Juvenile Justice (Care and Protection of Children) Act, 2000, and has been amended substantially by the Juvenile Justice (Care and Protection of Children) Amendment Act, 2021.
CHAPTER I — PRELIMINARY
CHAPTER II — GENERAL PRINCIPLES OF CARE AND PROTECTION OF CHILDREN
CHAPTER III — JUVENILE JUSTICE BOARD
- Section 4 — Juvenile Justice Board
- Section 5 — Placement of person, who cease to be a child during process of inquiry
- Section 6 — Placement of persons, who committed an offence, when person was below the age of eighteen years
- Section 7 — Procedure in relation to Board
- Section 8 — Powers, functions and responsibilities of the Board
- Section 9 — Procedure to be followed by a Magistrate who has not been empowered under this Act
CHAPTER IV — PROCEDURE IN RELATION TO CHILDREN IN CONFLICT WITH LAW
- Section 10 — Apprehension of child alleged to be in conflict with law
- Section 11 — Role of person in whose charge child in conflict with law is placed
- Section 12 — Bail to a person who is apparently a child alleged to be in conflict with law
- Section 13 — Information to parents, guardian or probation officer
- Section 14 — Inquiry by Board regarding child in conflict with law
- Section 15 — Preliminary assessment into heinous offences by Board
- Section 16 — Review of pendency of inquiry
- Section 17 — Orders regarding a child not found to be in conflict with law
- Section 18 — Orders regarding child found to be in conflict with law
- Section 19 — Powers of Children’s Court
- Section 20 — Child attained age of twenty-one years and yet to complete prescribed term of stay in place of safety
- Section 21 — Order that may not be passed against a child in conflict with law
- Section 22 — Proceeding under Chapter VIII of the Code of Criminal Procedure not to apply against child
- Section 23 — No joint proceedings of child in conflict with law and person not a child
- Section 24 — Removal of disqualification on the findings of an offence
- Section 25 — Special provision in respect of pending cases
- Section 26 — Provision with respect of run away child in conflict with law
CHAPTER V — CHILD WELFARE COMMITTEE
- Section 27 — Child Welfare Committee
- Section 28 — Procedure in relation to Committee
- Section 29 — Powers of Committee
- Section 30 — Functions and responsibilities of Committee
CHAPTER VI — PROCEDURE IN RELATION TO CHILDREN IN NEED OF CARE AND PROTECTION
- Section 31 — Production before Committee
- Section 32 — Mandatory reporting regarding a child found separated from guardian
- Section 33 — Offence of non-reporting
- Section 34 — Penalty for non-reporting
- Section 35 — Surrender of children
- Section 36 — Inquiry
- Section 37 — Orders passed regarding a child in need of care and protection
- Section 38 — Procedure for declaring a child legally free for adoption
CHAPTER VII — REHABILITATION AND SOCIAL RE-INTEGRATION
- Section 39 — Process of rehabilitation and social re-integration
- Section 40 — Restoration of child in need of care and protection
- Section 41 — Registration of child care institutions
- Section 42 — Penalty for non-registration of child care institutions
- Section 43 — Open shelter
- Section 44 — Foster care
- Section 45 — Sponsorship
- Section 46 — After care of children leaving child care institution
- Section 47 — Observation homes
- Section 48 — Special homes
- Section 49 — Place of safety
- Section 50 — Children’s Home
- Section 51 — Fit facility
- Section 52 — Fit person
- Section 53 — Rehabilitation and re-integration services in institutions registered under this Act and management thereof
- Section 54 — Inspection of institutions registered under this Act
- Section 55 — Evaluation of functioning of structures
CHAPTER VIII — ADOPTION
- Section 56 — Adoption
- Section 57 — Eligibility of prospective adoptive parents
- Section 58 — Procedure for adoption by Indian prospective adoptive parents living in India
- Section 59 — Procedure for inter-country adoption of an orphan or abandoned or surrendered child
- Section 60 — Procedure for inter-country relative adoption
- Section 61 — Procedure for disposal of adoption proceedings
- Section 62 — Additional procedural requirements and documentation
- Section 63 — Effect of adoption
- Section 64 — Reporting of adoption
- Section 65 — Specialised Adoption Agencies
- Section 66 — Adoption of children residing in institutions not registered as adoption agencies
- Section 67 — State Adoption Resource Agency
- Section 68 — Central Adoption Resource Authority
- Section 69 — Steering Committee of Authority
- Section 70 — Powers of Authority
- Section 71 — Annual Report of Authority
- Section 72 — Grants by Central Government
- Section 73 — Accounts and audit of Authority
CHAPTER IX — OTHER OFFENCES AGAINST CHILDREN
- Section 74 — Prohibition on disclosure of identity of children
- Section 75 — Punishment for cruelty to child
- Section 76 — Employment of child for begging
- Section 77 — Penalty for giving intoxicating liquor or narcotic drug or psychotropic substance to a child
- Section 78 — Using a child for vending, peddling, carrying, supplying or smuggling any intoxicating liquor, narcotic drug or psychotropic substance
- Section 79 — Exploitation of a child employee
- Section 80 — Punitive measures for adoption without following prescribed procedures
- Section 81 — Sale and procurement of children for any purpose
- Section 82 — Corporal punishment
- Section 83 — Use of child by militant groups or other adults
- Section 84 — Kidnapping and abduction of child
- Section 85 — Offences committed on disabled children
- Section 86 — Classification of offences and designated court
- Section 87 — Abetment
- Section 88 — Alternative punishment
- Section 89 — Offence committed by child under this Chapter
CHAPTER X — MISCELLANEOUS
- Section 90 — Attendance of parent or guardian of child
- Section 91 — Dispensing with attendance of child
- Section 92 — Placement of a child suffering from disease requiring prolonged medical treatment in an approved place
- Section 93 — Transfer of a child who is mentally ill or addicted to alcohol or other drugs
- Section 94 — Presumption and determination of age
- Section 95 — Transfer of a child to place of residence
- Section 96 — Transfer of child between Children’s Homes, or special homes or fit facility or fit person in different parts of India
- Section 97 — Release of a child from an institution
- Section 98 — Leave of absence to a child placed in an institution
- Section 99 — Reports to be treated as confidential
- Section 100 — Protection of action taken in good faith
- Section 101 — Appeals
- Section 102 — Revision
- Section 103 — Procedure in inquiries, appeals and revision proceedings
- Section 104 — Power of the Committee or the Board to amend its own orders
- Section 105 — Juvenile justice fund
- Section 106 — State Child Protection Society and District Child Protection Unit
- Section 107 — Child Welfare Police Officer and Special Juvenile Police Unit
- Section 108 — Public awareness on provisions of Act
- Section 109 — Monitoring of implementation of Act
- Section 110 — Power to make rules
- Section 111 — Repeal and savings
- Section 112 — Power to remove difficulties
Note: The Juvenile Justice (Care and Protection of Children) Act, 2015 (Act No. 2 of 2016) received assent on 31 December 2015 and came into force on 15 January 2016. It has been substantially amended by the Juvenile Justice (Care and Protection of Children) Amendment Act, 2021, which transferred adoption-order functions from courts to District Magistrates, revised several definitions, and strengthened the child care institution registration and oversight framework. It repealed the earlier Juvenile Justice (Care and Protection of Children) Act, 2000.
