Juvenile Justice Board

What is the Juvenile Justice Board?

The Juvenile Justice Board is a unique judicial body that deals with cases involving children in conflict with the law, which is a legal term for minors accused of crimes. There should be at least one juvenile justice board in each district of India. The Juvenile Justice Board is guided by general principles of care and protection of children like the principle of presumption of innocence under which every child is to be presumed to be innocent of any criminal intent up to the age of eighteen years; the Principle of dignity and worth; the Principle of participation; the principle of natural justice; the Principle of participation; principle of best interest; Principle of family responsibility; Principle of safety; Positive measures; Principle of non-stigmatising semantics; Principle of non-waiver of rights; principle of equality and non-discrimination and principle of right to privacy and confidentiality.

Official Definition of Juvenile Justice Board

Juvenile Justice Boards as defined in legislation

Section 2(10) of Juvenile Justice (Care and Protection of Children) Act, 2015 defines "Board" which means a Juvenile Justice Board constituted under Section 4 of Juvenile Justice (Care and Protection of Children) Act, 2015. As per section 4, the Juvenile Justice Board (JJB) consist of a principal magistrate and two social workers of whom at least one shall be a woman, forming a Bench and every such Bench with Magisterial powers conferred by the Code of Criminal Procedure, 1973 to discharging its functions relating to children in conflict with law. The act mandates the Juvenile Justice Board to ensure the informed participation of the child and the parent or guardian, in every step of the process; so that the child’s rights are protected throughout the process of apprehending the child, inquiry, aftercare and rehabilitation.

The Juvenile Justice (Care and Protection of Children) Model Rules, 2016 also, prescribe some additional functions to the Juvenile Justice Board relating to supervising the District Child Protection Unit, monitoring of rehabilitative measures undertaken for children in conflict with law (CCL), monthly inspection of Child Care Institutions, ensuring free legal services to a child, etc.

The Chief Judicial Magistrate or the Chief Metropolitan Magistrate reviews the pendency of cases of the Board once every three months. Based on the review, they may direct the Board to increase the frequency of its sittings or may recommend the constitution of additional Boards. The pendency of cases is also reviewed every six months by a high-level committee The JJB is required to furnish information on the pendency of cases to the Chief Judicial Magistrate or the Chief Metropolitan Magistrate and the District Magistrate on a quarterly basis. The Board is also required to maintain Case Monitoring Sheet of every case and every child and in case there is more than one child in one case, a separate sheet shall be used for each child. The sheet facilitates tracking and monitoring of timelines of cases before the Board.

Composition of the Juvenile Justice Board

The Juvenile Justice Board consist of a principal magistrate and two social workers of whom at least one shall be a woman. This unique setup first prescribed under the Juvenile Justice Act, of 2000 and now in the Act of 2015 with increased powers and functions is a major improvement over the concept of “Juvenile Court” prescribed under the Juvenile Justice Act of 1986. The 1986 setup of Juvenile Court used to be a Magistrate who used to be assisted by two social workers but now it is a bench where social workers have more active engagement and more control over decision-making. If there is a disagreement among the Board members about the interim or final disposition, the majority opinion shall govern; however, if there is no such majority, the Principal Magistrate’s opinion shall govern.

To ensure JJB members are sensitised about the principles of care and protection of children, the state government is responsible for offering training to all Juvenile Justice Board members. The act mandates that all members must receive induction training within sixty days of their appointments.

Further, the members of the Juvenile Justice Board will stand disqualified if they have any record of violation of human rights or child rights, Or have been convicted of an offence involving moral turpitude, and such conviction has not been reversed or has not been granted full pardon in respect of such offence, Or have been removed or dismissed from service of the Central Government or a State Government or an undertaking or corporation owned or controlled by the Central Government or a State Government, Or have ever indulged in child abuse or employment of child labour or any other violation of human rights or immoral act. The State of Tamil Nadu additionally prescribes being a member of a political party and insolvency as a ground for disqualification of social worker members.

Principal Magistrate

As per Juvenile Justice Act, 2015, the Principal Magistrate is a Judicial Magistrate of First Class or Metropolitan Magistrate with at least three years of experience. In the earlier law, it was found that the Chief Metropolitan Magistrate (CMM) or Chief Judicial Magistrate (CJM) were holding the charge of Principal Magistrate in many states. As they are already burdened with cases, the cases before the JJB remained unattended leading to huge pendency of cases. To address this issue, Section 4(1) of the 2015 Act, clearly states that the CMM or CJM cannot be the Principal Magistrate of the Board. The act also requires that only those Magistrates who have special knowledge or training in child psychology or child welfare can be appointed as member of Juvenile Justice Boards.

Social Worker

According to Juvenile Justice (Care and Protection of Children) Model Rules, 2016, the social worker members shall be appointed by the State Government on the recommendations of the Selection Committee.

• Qualification - The Social worker member should have experience and be actively involved in the field of health, education, or welfare activities pertaining to children for at least seven years or a practising professional with a degree in child psychology, psychiatry, sociology or law. As far as possible, the two social worker members so selected for a Board shall be from different fields.
• Age-Limit- The social worker members shall not be less than thirty-five years of age. The Model Rules do not prescribe a maximum age limit but the state of Tamil Nadu and Bihar prescribe a maximum age lit of sixty-five years, while the state of Jharkhand prescribes sixty years as the maximum age limit for a social worker to be a member of the Juvenile Justice Board (JJB).
• Term of Office - A social worker member of the Board serves a term of up to three years. They can be reappointed for a maximum of two non-consecutive terms. However, the courts have relaxed this condition and have allowed the members to continue for consecutive terms if fresh appointments are delayed. Under Tamil Nadu rules, the member may continue to hold office after their term ends for up to three months, till their successor assumes charge.
• Allowance - The social worker members of the Board are paid not less than Rs 1500/- per sitting, which includes sitting allowance, travel allowance and any other allowance. In some states like Tamil Nadu, the allowance is the same as that provided under the Integrated Child Development Scheme (ICDS).
• Termination - The act provides for the termination of a social worker member, upon inquiry by the State Government if they've been found guilty of misuse of power or if they fail to attend the proceedings of the Board consecutively for three months without any valid reason; or fails to attend a minimum of three-fourths of the sittings in a year; or became ineligible during their term as a member.

Sitting of Juvenile Justice Board

The Juvenile Justice Board use child-friendly techniques to communicate with the child and hold its sitting in child-friendly premises. The Juvenile Justice (Care and Protection of Children) Model Rules, 2016 prescribes that the Juvenile Justice Board should not operate within court or jail premises and shall hold its sitting inside the premises of or in the proximity of an observation home, it can also hold its sitting at a suitable premise in any childcare institution meant for children in conflict with the law; and in no circumstances shall the Board operate from within any court or jail premises. It shall not sit on a raised platform and there shall be no barriers, such as witness boxes or bars between the Board and the child. The Board also ensures that persons unconnected with the case are not present during the sitting and only those person(s), in the presence of whom the child feels comfortable, are allowed to remain present during the sitting.

The Board shall hold its sittings on all working days for a minimum of six hours. One member of the Board shall always be available or accessible to take cognizance of any matter of emergency. The Principal Magistrate shall draw up a monthly duty roster of the members who shall be so available and accessible every day, including on Sundays and holidays. However, in the event of the Board not sitting the child may also be produced either before any individual member of the Board, even at his/her residence.

General Principles Of Care And Protection Of Children

All authorities under the Act (e.g. Boards, Committees, Central or State Governments, etc.) should follow the following principles while dealing with children:

• Presumption of innocence: All children shall be presumed innocent of any criminal intent.
• Dignity and worth: All persons shall be treated with equal dignity and rights.
• Participation: All children shall have a right to be heard and to participate in all processes and decisions affecting their interests.
• Principle of best interest: All decisions regarding the child shall be based on best interest of the child. This means that any decision taken regarding the child should be based on what is best for the child.
• Equality and non-discrimination: All children should be given equal opportunities and treated equally. No child should face discrimination on grounds such as sex, caste, ethnicity, place of birth, disability, or any other ground.

It does not matter at what age the child is caught, or how old the child is when the inquiry is finally over. The relevant age is how old the child was when the offence occurred. A child may have committed an offence at the age of 17 years, but is caught only when he is 22 years old. Or it could happen that by the time the inquiry is over, the child may have crossed 18 years of age. Either way, the process of the JJ Act must be followed.

Procedure relating to Child in Conflict with Law (CCL)

The Juvenile Justice (Care and Protection of Children) Act (for short, the JJ Act) defines a child as a person who is below the age of 18 years.

The JJ Act takes care of two categories of children:

• Children in conflict with the law.

• Children in need of care and protection.

Children in conflict with the law are dealt with by Juvenile Justice Boards. Children in need of care and protection are dealt with by Child Welfare Committees.

Since age is the key factor, it is important that no mistakes are made regarding the age of a child - a person above 18 years should not be treated as a child; and a person below the age of 18 years must be given the benefit of this Act.

The procedures regarding determining the age of a child are:[1]

• Where by the very appearance it is clear that the person is below 18 years, the Juvenile Justice Board (the Board, for short) or the Child Welfare Committee (the Committee, for short) can proceed with dealing the person as a child without waiting for further proof of age.

•    If the Board or the Committee have any doubt regarding the age, they should:

•    Refer to the date of birth on the school certificate, or the matriculation or equivalent certificate from the concerned examination Board.

•    In the absence of school or matriculation certificates, refer to the birth certificate given by a corporation, or a municipal authority, or a panchayat.

•    If none of the above are available, the age shall be determined by an ossification test, or any other latest medical age determination test, conducted on the orders of the Committee or the Board.

Dealing With Children In Conflict With Law [2]

Children in conflict with law are dealt by Juvenile Justice Boards. Each district should have Juvenile Justice Board (for short, the Board). Each Board should have a Judicial Magistrate and 2 social workers. At least one of the social workers should be a woman.

Any child caught by the police on suspicion of having committed a crime should immediately be placed under the charge of the special juvenile police unit (SJPU) or the designated child welfare police officer.

The SJPU or the child welfare police officer should then produce the child before the Board. This should be done as soon possible, and within 24 hours of the time that the child is caught by the police (excluding travel time).

Preliminary Assessment

Preliminary assessment by the Board is to assess the capacity of child to commit the offence and if the child understands the consequences of the alleged offence. To do so, the Board may take the assistance of experienced psychologists or psychosocial workers or other experts. the preliminary assessment should be completed within a period of three months in case of heinous offences.

• If heinous offence is committed by a child below the age of 16 years, then the child is to be tried by the Juvenile Justice Board (JJB) as per the procedures under Sections 14 and 18 of the Act. This implies that a child will not be given detention of more than three years.

• If heinous offence is committed by a child between the age of 16-18 years, then the child is first produced before the Juvenile Justice Board. The Board is to conduct a preliminary assessment. The assessment is basically to assess the capacity of the child to commit the offence and whether the child understands the consequences of the alleged offence. Based on the preliminary assessment, two situations may arise. The Juvenile Justice Board may either decide that the matter should be disposed off by the Board itself, the Board follows the procedures as per Sections 14 and 18 of the Act, or the Board decides that the child needs to be tried as an adult and thus make an order to transfer the trial of the case to the Children’s Court as per Section 18(3) of the Act.

Production

The child should be produced before the Board within twenty-four hours of being apprehended, along with a report explaining the reasons for the child being apprehended by the police. In case the Board is not sitting, the child alleged to be in conflict with the law shall be produced before a single member of the Board under section 7(2) of the Act. When a child is produced before an individual member of the Board, and an order is obtained, such order shall be ratified by the Board in its next meeting.

The Juvenile Justice Board is under an obligation to provide an interpreter/translator with sufficient experience and qualifications and call for a social investigation report of the probationary officer within fifteen days of the production of the child.

Post-Production Process

The Juvenile Justice Board shall review the report containing the social background of the child, circumstances of apprehending the child and offence alleged to have been committed by the child as provided by the officers, individuals, and agencies producing the child and may then pass the following orders as deemed necessary

• Dispose of the case, if on the consideration of the documents and record submitted at the time of his first appearance, his being in conflict with law appears to be unfounded or where the child is alleged to be involved in petty offences;
• Refer the child to the Committee where it appears to the Board that the child is in need of care and protection; The Act and JJ Model Rules, 2016 recognize that a Child in conflict with the law (CCL) can also be a Child in need of care and Protection (CNCP) and provides that the JJB can transfer to CWC, matters concerning CCL, stated to be in Need of Care and Protection “at any stage”, thereby recognizing that CCL can also be CNCP simultaneously, and there is a need for CWC and JJB to be both involved.
  • If a child is not found to have committed any offence and needs Care and Protection, the JJB can refer the child to the CWC with appropriate directions.
  • A child who has been used by militant groups or other adults for illegal activities may be transferred to CWC after due inquiry, as a child in Need of Care and Protection.
  • A child alleged to have committed an offence under Section 78 (using a child for vending, peddling, carrying, supplying or smuggling any intoxicating liquor, narcotic drug or psychotropic substance) can be transferred to the Child Welfare Committee by the Juvenile Justice Board if the child is Need of Care and Protection.

• Release the child in the supervision or custody of fit persons or fit institutions or Probation Officers as the case may be, with a direction to appear or present a child for an inquiry on the next date;
  • Bail - The JJB can also grant bail with or without surety, with or without conditions or direct further home enquiry/social enquiry by the probation officer or any other functionaries as deemed fit. The CCL can also be released on furnishing of his own personal bonds.
    • If bail has been granted but a child in conflict with the law is unable to fulfil the conditions of bail order within seven days of the bail order, such child shall be produced before the Board for modification of the conditions of bail.
    • Interaction with CCL & his parents/guardian; Social Background Report prepared by SJPU, Social Investigation Report prepared by the Probation Officer are vital for the JJB to decide the bail of the CCL as it helps in making decisions regarding rehabilitation, social re-integration, and best interest of the CCL. Bail can also be denied under certain exceptions as per the provisions of the JJ Act.
    • Bail can be denied if there are reasonable grounds to believe that:
      • the release will bring the person into association with any known criminal or
      • expose the person to moral, physical, or psychological danger or
      • CCLs release would defeat the ends.
    • When the child alleged to conflict with the law, after being admitted to bail, fails to appear before the Board, on the date fixed for hearing, and no application is moved for exemption on his behalf or there is not sufficient reason for granting him exemption, the Board shall, issue to the Child Welfare Police Officer and the Person-in-charge of the Police Station directions for the production of the child. If the Child Welfare Police Officer fails to produce the child before the Board even after the issuance of the directions for production of the child, the Board shall instead of issuing process under section 82 of the Code of Criminal Procedure, 1973 pass orders as appropriate under section 26 of the Act.

• Direct the child to be kept in the Child Care Institution, as appropriate, if necessary, pending inquiry. The Juvenile Justice Board may direct the Probation Officer or any social worker identified by JJB to conduct the social investigation and prepare the Social Investigation Report (S.I.R) within fifteen days from the date of first production.

Inquiry

The Juvenile Justice Act, 2015 provides that all Inquiries shall be strictly conducted in a child-friendly manner i.e. it should be in the nature of fact-finding and should not conducted in the spirit of strict adversarial proceedings. The board shall use the powers conferred by section 165 of the Indian Evidence Act, 1872 (Section 168 of Bharatiya Sakshya Adhiniyam , 2023) to interrogate the child and proceed with the presumptions in favour of the child. At the time of initiation of inquiry, the board should satisfy itself that the child in conflict with law has not been subjected to any ill-treatment by the police

The inquiry should be completed within 4 months unless extended for a further period of two months for specific reasons. In case the inquiry remains inconclusive even after the extended period then the proceedings stand terminated in case of petty offences as per Section 14(4) of the Act. In case of a serious or heinous offence, the Board may take permission from the Chief Judicial Magistrate or Chief Metropolitan Magistrate after recording reasons in writing for more time.

The Model Rules have laid down timelines for the investigation and submission of the final report

• In case of petty or serious offences, the final report by police is to be submitted within two months of receiving information.
• In case of a heinous offence alleged to have been committed by a child above 16 years of age, police have to submit statements of witnesses and other documents during investigation within one Month from the date of the first production of the child before the Board, a copy of which also needs to be supplied to the child or the parent/guardian of the child.

In cases of petty offences, the Board shall dispose it as summary proceedings, in case of serious offences, the Board shall dispose the case by following the procedure, for trial in summons cases under the Cr.P.C, and in case of heinous offences for a child below the age of sixteen years as on the date of commission of an offence shall be disposed of by the Board by following the trial of summons case.

Decision That Can Be Taken By The Board After Inquiry

If the Board finds after inquiry that the child has not committed any offence, then the child will be let off completely.

If the Board finds after inquiry that the child has indeed committed an offence, then it can do the following:

1. Allow the child to go home after giving advice or admonition, with counseling to the child and parents/guardian.
2. Direct the child to take part in group counseling.
3. Order the child to do community service.
4. Order the parents/guardian of the child to pay a fine.
5. The child may also be made to pay a fine, if the child is earning an income that is permissible under the child labour laws.
6. Direct the child to be released on probation of good conduct for a maximum period of three years.
7. During this time the child will be placed under the care of any parent, guardian or other person the Board considers fit to shoulder such responsibility.
8. Direct the child to be sent to a special home for a maximum period of three years. The special home will focus on the reform of the child by providing education, skill development, counseling, behavior modification therapy, and psychiatric support.
9. In the interest of the child, or in the interest of other children in the shelter, the child may also be shifted to some other place of safety.[3]

In addition to the above orders, the Board may also direct the child to:

• Attend school
• Attend a vocational training Centre
• Attend a therapeutic Centre
• NOT visit a specified place
• Undergo a de-addiction Programme.

No child in conflict with law can be sentence to death or or life imprisonment without the possibility of release. This is regardless of how serious the offence, or the age or maturity of the child. Life imprisonment without the possibility of release means life imprisonment for the remainder of one's life. No such sentence can be imposed on a child.

Order

The orders that can be given by Board in respect of a child found to be conflict with law are listed in detail under Section 18 of the Act. These are summarized below: (i) Allow the child to home after advise and admonition (ii) Direct the child to participate in counseling (iii) Order the child to perform community service (iv) Release child on probation of good conduct and place with parent/guardian/fit person/fit facility (v) Send child to special home for not more than three years (vi) Order child to attend school/vocational training centre/therapeutic Centre/ undergo de-addiction Programme (vii) Prohibit child from visiting a specified place (viii)Order for re-admission or continuation of the child in school where the child has been disallowed from continuing his education on account of pendency of inquiry or because the child has stayed in a child care institution for any length of time (ix) Issue rehabilitation card to monitor progress made by the child.

The records of conviction in respect of a child in conflict with law are to be kept in safe custody till the expiry of the period of appeal or for a period of seven years, and no longer. Thereafter, the records are to be destroyed by the Board.

Appeal

Any person aggrieved by the order of the Board can file an appeal in Children’s Court within 30 days from the date of order. Any person aggrieved by an order of Children’s court may file an appeal before the High Court. An appeal against an order of the Board after making preliminary assistance can be filed before a Court of Session.

Placement of Persons

Two categories have been established for the placement of persons under Sections 5 and 6 of the Juvenile Justice Act:

• If anybody turns out to be a child while the investigation is underway: If an investigation is opened for a crime committed by a child under this act and the kid turns 18 during the investigation, the investigation may continue and decisions may be made based on the assumption that the individual is still a minor.
• When an offence was committed by a person who was under the age of 18: If a person who has reached the age of eighteen is arrested for committing a crime while under the age of eighteen, that person should be treated as a juvenile while being questioned. The board must give the person a safe location to stay during the inquiry process if bail is not granted, and they must be handled according to the legal procedures.
• No matter the type of offence committed, juvenile legislation must have precedence in instances involving minors, according to the Supreme Court’s ruling in the case of Ram Singh v. State of Haryana, (2000) 6 SCC 759. In addition, the Juvenile Justice (Care and Protection of Children) Act of 2015 section 1(4) states that regardless of any other laws currently in effect, the provisions of this Act shall apply to all situations involving the detention, prosecution, punishment, or sentence of imprisonment of juveniles in conflict with the law under such other laws.

The juvenile justice system involves several different parties, including the police, probation officers, juvenile justice boards, NGOs, lawyers, the legal services authority, state and federal governments, and others. Their purpose and contribution to the juvenile justice delivery system are crucial.

Jurisdiction

Regardless of any other currently in effect laws, the Juvenile Justice Board has sole jurisdiction to handle juveniles in dispute with the law. When handling appeals or revisions, the High Court or the Court of Sessions may wield the same authority as the Juvenile Justice Board may.

Procedures about the Board

• The Board must convene at the times and adhere to the rules of procedure that may be established for the conduct of business at its meetings.
• When the Board is not in session, a child in legal trouble may be brought before a specific board member.
• A Board may act even if a member is not present, and no order made by the Board shall be invalidated only because a member was not present during any stage of proceedings;
• Even though there are three members of the Juvenile Justice Board, the juvenile may be brought before any one of them when the Board is not in session. That member has the authority to issue all relevant orders, except for ultimate disposition. Any such order must be approved by the Board at its following meeting. But just two members, including the principal magistrate, can make the final decision.
• The majority opinion shall be followed whenever there is a disagreement among Board members about the interim or final disposition. In the absence of such a majority, the Principal Magistrate’s judgment shall be final.

Powers and Duties of the Board

The duties of the Board with regard to its dealings with a child in conflict with law include:[4]

• Conducting the entire process concerning a child in conflict with law e.g. finding out whether the child actually did commit the crime, whether a child accused of a crime should be tried as an adult, etc.
• Ensuring the informed participation of the child, and the child's parents or guardians, in every step of the process.
• Ensuring that the child's rights are protected throughout the process.
• Ensuring availability of free legal aid for the child through the legal services institutions.
• Providing an interpreter/translator for any child having difficulty in understanding the language used by the Board in the proceedings.
• Ensuring the necessary support required in cases where a child in conflict with law is also in need of care and protection.
• Conducting at least one inspection visit every month to residential facilities for children in conflict with law, and making necessary recommendations.
• Conducting regular inspection of jails meant for adults, to check for any children in such jails. Where a child is found, the Board should transfer of such a child to an observation home.
• Order for social investigation to be conducted by the Probation Officer (or Child Welfare Officer or Social Worker). This social investigation report should be submitted within 15 days.

The statute gives the Juvenile Justice Board the authority to hear cases in its area of jurisdiction and those involving minors who are involved in legal disputes. In instances of appeal or revision under Section 19, the High Courts or Children’s Courts may also use the same authorities. It was made clear in the case of Hasham Abbas Syyed v. Usman Abbas Sayyad that a magistrate’s order that extends outside the bounds of his jurisdiction will be deemed illegal.

When the suspected child violates the law, the board must use its authority to hold an inquiry following the act’s provisions. Under Sections 17 and 18 of the JJ Act from 2015, it may also pass orders. The board exercises its power to examine the matters of heinous crimes specified in Section 15. Within three months of the child’s first appearance before the board and the date of production, this initial assessment must be finished.  According to the ruling in Puneet S. v. State of Karnataka, the Juvenile Justice Board has the exclusive authority to determine whether the committed offense qualifies as heinous or not.

Raising Claim Of Juvenility

If a child is alleged to have committed an offence, the child should be tried under the JJ Act by a Board or a Children's Court. Ideally, a child in conflict with the law is brought immediately before a Board. But it may so happen that a person accused of a crime is brought before a court of law instead of a Board. This may happen because of ignorance of this provision of law, or uncertainly about the age of the accused. It is for this reason that, no matter why the person is brought before a court instead of a Board, the person can claim his/her right to be tried as a juvenile under the JJ Act. The court itself may think that an accused person before it is actually a juvenile.[5]

In either case, the court should make an inquiry to determine the age of the accused and record its finding. The process for determining age has been dealt with earlier: with greatest emphasis made on school and Board examination records, followed by certificate from municipal and similar local authorities, and finally an ossification test. An ossification test is only a last resort as it is not exact, and is pointless if carried out after a person is 25 years of age.

After the inquiry, the court should record its finding on the age of the accused. If it is found that the accused was below the age of 18 years on the date of the offence, then the person will be tried as per the JJ Act regardless of the current age of the accused. Significantly, there is no time limit on raising this claim of juvenility. The plea to be tried under the JJ Act can be raised at any stage and at any court, and even after the case has been finally disposed.

Where 'Child' Is Found To Be An Adult

If during the inquiry, the Board or the Children's Court find out that the 'child in conflict with law' before them is actually an adult, i.e. was above 18 years of age at the time of offence, the person will no longer be tried as a child. The person will now be tried under the usual court system.[6]

No Joint Trials Of Children And Adults

There shall be no joint proceedings of a child alleged to be in conflict with law, with a person who is an adult. If a child has allegedly committed a crime along with an adult, the two will be tried separately - the child under the JJ Act, and the adult under the usual criminal court system.

If two children in conflict with the law are tried together for allegedly committing an offence together, and it is later found that one of them is actually an adult, the two will from now on be tried separately.[7]

No Permanent Blot For Juvenile Offences

The JJ Act focuses on reform. Any child found to have committed an offence is given a chance to reform, and is understood to have the capacity and likelihood of reforming. This is why when the child becomes an adult, every opportunity is given for the child to have a fresh start in life. For this reason, there will be no disqualification on account of the person's tryst with the law as a child. In fact the records of the case shall also be destroyed in due course of time.[8]

HOWEVER, this is not so in the case of a child above the age of 16 who is found to have committed an offence by the Children's Court. In such a case, the person will suffer disqualification on account of their having been in conflict with the law as a child. Here, even ifthe person has reformed, his or her criminal past as a child will not be erased. It will reflect in their criminal record. The records of the case will not be destroyed. Rather, they will be retained in the Children's Court.

Relevant Case Laws

Mukesh & Anr v. State for NCT of Delhi & Ors (2017) 6 SCC 1 (Nirbhaya case)

This case showed the flaws of the Juvenile Justice Act of 2000 which led to the passing of the Juvenile Justice Act, 2015 which had many amendments and additions including the inclusion of the Juvenile Justice Board.

Hari Ram v. State of Rajasthan (2009) 13 SCC 211

Following the commencement of the trial, the Additional Sessions Judge found that the accused was under 16 years old on the day of the offense, as required by the 1986 Act. As a result, the case was submitted to the Juvenile Justice Board located in Ajmer, Rajasthan. The accused was older than 16 when the offense was committed, hence the accused was not considered a juvenile by the High Court, which based its decision on the accused's father's evidence and medical records. The 2000 Act, however, raised the age at which a child would be deemed a juvenile under the Act from 16 to 18.

Dr. Subramanian Swamy v. Raju, Thr. Member Juvenile justice board

This case was brought after the same Nirbhaya case, in which five individuals viciously raped a woman and caused her death through physical and sexual abuse. One of those five individuals was underage. The Juvenile Justice Board was given the case, but the petitioners contended that he should be treated like an adult and that his trial should go forward. In interpreting the Act in this instance, the Supreme Court noted that the statute's language is clear and unequivocal, indicating the legislature's desire to rehabilitate and restore young offenders. Because of this, it has designated those under the age of 18 as juveniles, whose cases are investigated and handled differently than those involving adult offenders. Furthermore, this kind of classification—which is predicated on comprehensible distinctions that make sense in relation to the desired outcome—is not prohibited by the Constitution. As a result, the Apex Court maintained the Act's decision to classify individuals under the age of 18 as distinct.

Parag Bhati (Juvenile) through legal guardian v. State of Uttar Pradesh

Regarding the question of determining juvenility, the Supreme Court ruled that the Act's juvenile principle would only apply in situations where the accused is presumed to be a minor. The accused in this case is not innocent; rather, it shows that he is a mature adult who committed a well-planned, significant offense. In this instance, the plea of juvenility was seen to be an attempt to circumvent the applicable law.

State of Himachal Pradesh v. Happy

In the State of Himachal Pradesh v. Happy, the order was made by a single magistrate without adhering to the requirements for the Juvenile Justice Board’s operation. The High Court ruled that the decision made by one board member was invalid from the start.

Here, a Judgment Passed By Single Member of The Juvenile Justice Board was held Void Ab Initio by the Himachal Pradesh High Court because it did not follow the guidelines passed by the Juvenile Justice (Care and Protection of Children) Act, 2000, and 2015. According to the court, it is obvious that, in accordance with the Acts, cases involving "juveniles in conflict with law" and "children in conflict with law," as the case may be, can only be finally resolved by a minimum of two members, including the Principal Magistrate who is present at the time of the case's disposition. The case cannot be ultimately resolved by one Member, including the Principal Magistrate, or by two Members without the Principal Magistrate.

Official Database

Juvenile Justice Information System (JJIS)

The state of Maharashtra has established a Juvenile Justice Information System (JJIS) in which the Child Welfare Police Officer updates information relating to the case on a comprehensive management and information system.

Case Summary under JJIS. retrieved from JJIS Maharashta user manual https://jjb.maharashtra.gov.in/Documents/pdf/JJIS_UserManual_V7.pdf

The Case Summary page of JJIS. Retrieved from - https://jjb.maharashtra.gov.in/Documents/pdf/JJIS_UserManual_V7.pdf

Research that engages with Juvenile Justice Boards

Juvenile Justice: Law & Practice

This is a compilation of select orders of Juvenile Justice Board-1, Kingsway Camp, Delhi during 2009-2012 compiled by Anant Kumar Asthana and published by HAQ. It covers various aspects such as investigation, filing charges, using fetters and handcuffs, grounds for bail and cruelty towards the children.

Working of the Juvenile Justice System in Odisha

This report conducted by the Centre for Child Rights, National Law University Odisha and published by UNICEF, explores the structural and operational aspect of JJBs in Odisha through a fie;d survey in 2015. The findings relate to the Infrastructure facilities of JJBs, average number of sittings, availability and training of members, sitting of JJBs, case pendency and case outcomes, etc.

Study on Pendency of Cases before the Juvenile Justice Boards in Assam

The State Child Protection Society (SCPS) of Assam, supported by the Hon’ble Gauhati High Court and UNICEF Assam, commissioned a study conducted by the Jayaprakash Institute of Social Change, Kolkata. The study aimed to find out why there are delays in case disposal by the Juvenile Justice Boards (JJBs) in Assam. It looked at the problems with infrastructure and staffing, and documented the process for cases pending as of March 31, 2015. The study followed the Juvenile Justice Act, Assam State Rules, and directions from the Gauhati High Court.