Children's Court

What are Children’s Courts?

A Children's Court is a judicial body established under the Commission for Protection of Child Rights Act, 2005, or as a Special Court under the Protection of Children from Sexual Offences (POCSO) Act, 2012. These courts are specifically designated to handle cases involving children's rights and offences against children, ensuring a child-friendly legal process. In regions where such specialized courts have not been set up, the responsibilities of a Children's Court are assumed by the Court of Sessions, which has the jurisdiction to try offences under these acts. This arrangement ensures that cases involving children receive appropriate attention and are handled with the sensitivity and care required, regardless of the presence of a designated Children's Court.

Official Definition of Children’s Court

Children's Courts as defined in Legislations

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

Section 2 (20) of ‘The Juvenile Justice (Care and Protection of Children) Act, 2015’ defines children’s courts as follows:

““Children’s Court” means a court established under the Commissions for Protection of Child Rights Act, 2005 (4 of 2006) or a Special Court under the Protection of Children from Sexual Offences Act, 2012 (32 of 2012), wherever existing and where such courts have not been designated, the Court of Sessions having jurisdiction to try offences under the Act”

The Commission for Protection of Child Rights Act, 2005

Section 25 of ‘The Commission for Protection of Child Rights Act, 2005’ defines children’s courts as follows:

“Children's Courts.—For the purpose of providing speedy trial of offences against children or of violation of child rights, the State Government may, with the concurrence of the Chief Justice of the High Court, by notification, specify at least a court in the State or specify, for each district, a Court of Session to be a Children's Court to try the said offences:

Provided that nothing in this section shall apply if—

(a) a Court of Session is already specified as a special court; or

(b) a special court is already constituted, for such offences under any other law for the time being in force.”

The Protection of Children from Sexual Offences Act, 2012

Section 28(1) of ‘The Protection of Children from Sexual Offences Act, 2012’ deals with the designation of special courts for trials in cases pertaining to children.

“For the purposes of providing a speedy trial, the State Government shall in consultation with the Chief Justice of the High Court, by notification in the Official Gazette, designate for each district, a Court of Session to be a Special Court to try the offences under the Act:

Provided that if a Court of Session is notified as a children's court under the Commissions for Protection of Child Rights Act, 2005 (4 of 2006) or a Special Court designated for similar purposes under any other law for the time being in force, then, such court shall be deemed to be a Special Court under this section.”

Major Provisions Related to Children’s Court in JJ Act

Powers under Section 19:

Decide whether there is a need to try the child as an adult under the Code of Criminal Procedure, 1973 (Cr.P.C) or conduct an inquiry as a Board and pass orders under Section 18.

Ensure the final order includes an individual care plan for the child's rehabilitation and follow-up.

Ensure the child found in conflict with law is sent to a place of safety till age 21, and then transferred to jail, with reformative services provided during stay.

Ensure periodic follow-up reports on the child's progress and well-being in the place of safety.[1]

Appeal under Section 101(5):

Any person aggrieved by an order of the Children's Court may file an appeal before the High Court in accordance with the Cr.P.C.

Revision under Section 102:

The High Court may, on its own motion or on an application, call for the record of any proceeding in which the Children's Court has passed an order, to satisfy itself about the legality or propriety of such order, and may pass appropriate orders.

Jurisdiction

According to clause 4 of Section 26 of ‘The Juvenile Justice (Care and Protection of Children) Amendment Act, 2021’ which substituted Section 86 of ‘The Juvenile Justice (Care and Protection of Children) Act, 2015’, the jurisdiction of Children’s Court is as follows:

“Notwithstanding anything contained in the Code of Criminal Procedure, 1973 or the Commission for Protection of Child Rights Act, 2005 or the Protection of Children from Sexual Offences Act, 2012, offences under this Act shall be triable by the Children’s Court.”

Role of Children's Courts in Handling Cases Involving Children Above 16 Accused of Heinous Offences

If a child over 16 is accused of committing a heinous offence, the Juvenile Justice Board, as required by the Juvenile Justice (Care and Protection of Children) Act, 2015, must first conduct a preliminary assessment. This assessment evaluates the child's mental and physical capacity to commit the offence and their understanding of its consequences, but it is not a trial.

Following this assessment, if the Board believes the child should be tried as an adult, the case is transferred to the Children’s Court. The Children’s Court will then decide whether to proceed with the child being tried as an adult. If it determines that the child should be treated as an adult, it will conduct the trial, ensuring that the process considers the child’s special needs, adheres to the principles of a fair trial, and maintains a child-friendly environment. The maximum sentence that can be given by the court is 3 years for heinous offences.

Functions of a Children’s Court after conviction of a Child in Heinous Offences

• To guarantee the child's safety until they reach 21, they are placed in a secure facility. Only after turning 21, when considered an adult, can they be moved to a jail.

• To ensure rehabilitative services, including education, skill development, counselling, behavior modification therapy, and psychiatric support, are provided in this safe environment.

• The Children’s Court ensures that the final order with respect to a child in conflict with law includes an individual care plan for the rehabilitation of the child along with follow-up by the probation officer, the District Child Protection Unit, or a social worker.

• Facilitate a periodic follow-up report every year by the Probation Officer/District Child Protection Unit/Social Worker to check the progress of the child in the place of safety and to make sure that the child is not ill treated in any way.
• If the duration of stay mandated by the Children’s Court extends beyond the child's 21st birthday, then the Children’s Court is responsible for determining where the child (now an adult) should serve the remaining period.

Fast Track Special Courts

Fast Track Special Courts are specialized courts that mainly deal with speeding up the trial process for sexual offences, primarily rape and other violations under Protection of Children from Sexual Offences, 2012. The Criminal Law Amendment Act, 2018 introduced stricter punishments for rape offenders and FTSC’s were established for the speedy delivery of justice. FTSC’s are a part of a centrally sponsored scheme, in accordance with Supreme Court directions.

The main differences between Fast Track Courts (FTCs) and Children's Courts in India are the types of cases they handle and their procedures:

Case types- FTCs handle a specific category of cases, such as heinous crimes, civil cases related to children, and property cases. Children's Courts handle cases involving children, such as those under the Juvenile Justice Act.[2]

Procedures- FTCs are given a target number of cases to dispose of within a specific time frame. They are expected to examine all witnesses in a single trial. Children's Courts use child-friendly procedures, such as taking frequent breaks, checking in with the child, and avoiding aggressive questioning. [3]

Jurisdiction- State governments set up FTCs in consultation with the respective High Courts. Children's Courts may be existing Sessions Courts or special courts set up for child-specific laws. [4]

Recent Case Law

In the case of Child In Conflict With Law through His Mother versus the State Of Karnataka and another Citation: 2024 (SC) 353, a First Information Report (FIR) was filed against a Child in Conflict with Law (CCL) for several offenses. The CCL was apprehended in November 2021 and was brought before the Juvenile Justice Board in Bangalore. The Principal Magistrate ordered the CCL to be tried as an adult by the Children's Court, but a Board member disagreed. Two Board members ordered the CCL to be tried as a juvenile. The complainant filed an application under Section 19 of the JJ Act, 2015, seeking termination of the Board's proceedings and transfer to the Children's Court. The High Court of Karnataka allowed the complainant's revision petition, setting it aside and directing the case to the Children's Court for trial. The CCL appealed to the Supreme Court.[5]

The court explained that the words 'Children's Court' and 'Court of Sessions' in the JJ Act, 2015 and the 2016 Rules were to be read interchangeably. Primarily, jurisdiction vested in the Children's Court. However, without the constitution of such Children's Court in the district, the power to be exercised under the JJ Act was vested with the Court of Sessions.[6]

International Experience

United Kingdom

A youth court is a specialized type of magistrates’ court for children aged 10 to 17 years, aligning with the age of criminal responsibility (10 years) and the legal transition to adulthood (18 years). For children in this age group who encounter legal issues, Youth Justice Services (YJSs) prepare pre-sentence and bail proposal reports to assist the youth court.

Youth courts handle less serious offences, such as theft or drug possession. However, more serious crimes, including murder or rape, start in the youth court but are transferred to the Crown Court for a jury trial. If a child has an adult co-defendant whose case is moved to the Crown Court, the child's case will also be transferred.

United States of America

In the USA, the equivalent of a children's court is commonly known as the juvenile court. These courts are specialised divisions within the state court system designed to handle cases involving minors, typically those under the age of 18. The primary focus of juvenile courts is on rehabilitation rather than punishment, reflecting the belief that young offenders have the capacity for change and development.

Australia

Children's Courts are specialized judicial bodies that handle matters involving minors, focusing on both criminal offences and care and protection issues. Each state and territory in Australia has its own Children's Court, with specific procedures and structures tailored to meet the needs of young people.

Challenges

One of the biggest challenges that the children’s court faces is the lack of adequate infrastructure and resources. Limited availability of rehabilitation and support services, such as counselling, education, and vocational training, makes it difficult for the courts to implement rehabilitative measures for children in conflict with the law.

Despite progressive laws like the Juvenile Justice (Care and Protection of Children) Act, 2015, and the Protection of Children from Sexual Offences (POCSO) Act, 2012, there are gaps in their effective implementation at ground level. Financial and resource constraints limit the capacity of Children's Courts to function effectively. This includes a lack of funding for proper infrastructure, training programs, and the provision of necessary services for children.

High caseloads and backlog of cases in the judicial system mean that many children's cases do not receive the timely attention they require, exacerbating the trauma and uncertainty faced by the children involved. The number of POCSO cases alone pending at the end of the year are invariably increasing.