Juvenile Justice
Act, 2015
Twenty-one chapter notes covering the law of children in conflict with law and children in need of care and protection — the Juvenile Justice Board, the Child Welfare Committee, the preliminary assessment for sixteen-to-eighteen-year-olds in heinous offences, the post-Nirbhaya amendments, adoption procedure under CARA, and the institutional and non-institutional care framework. Section first, child category second, leading case third.
Two streams of children, one statutory framework.
The Juvenile Justice (Care and Protection of Children) Act 2015, replacing the 2000 Act, governs two distinct streams of children. Children in conflict with law are processed through the Juvenile Justice Board with child-specific procedure aimed at reformation. Children in need of care and protection are processed through the Child Welfare Committee with the goal of restoration to family or institutional care. The Act balances child-protective procedure with society’s legitimate interest in deterring serious offences — the post-Nirbhaya 2015 Act allowing preliminary assessment of sixteen-to-eighteen-year-olds in heinous offences for trial as adults.
These notes anchor every chapter to its statutory section. The most-tested provisions are Section 2(12) (definition of child), Section 2(33) (heinous offence), Section 4 (Juvenile Justice Board), Section 14 (procedure of JJB), Section 15 (preliminary assessment), Section 18 (orders by JJB), Section 27 (Child Welfare Committee), and Sections 56 to 73 (adoption).
Each chapter is designed to be read in twelve to fifteen minutes and to leave the reader with the statutory section, the stream of child (in conflict with law or in need of care), the institutional forum (JJB or CWC), the order or relief available, and the leading authority.
How to read these notes
Start with the section.
Every chapter opens with the precise Section of the JJ Act 2015. Read it. The most-tested provisions — Section 2(12), Section 2(33), Section 14, Section 15, Section 18, Section 27 — must be cited section-and-clause.
Identify the stream and the forum.
Every JJ Act question first identifies whether the child is in conflict with law (CCL) or in need of care and protection (CNCP). CCL goes to the JJB; CNCP goes to the CWC. The procedure, the orders available, and the standard of review differ. A CCL question on bail under Section 12 cannot be answered with CWC reasoning.
Test on the leading case.
If you can restate the holding of Salil Bali v. Union of India, Pratap Singh v. State of Jharkhand, or Re Exploitation of Children in Orphanages in two sentences, you understand the chapter. If not, return to the statutory section and rebuild from there.
All 21 chapters, in 5 groups
Sequenced through the natural structure of the subject — every chapter sits in a doctrinal cluster.Foundations — Definitions & Institutions
Sections 1–10 — the framework
The Act’s scope and applicability, the definitions including child, child in conflict with law, child in need of care and protection, heinous offence, serious offence, petty offence. The principles guiding the Act under Section 3. The establishment of the Juvenile Justice Board under Section 4 and its composition. The Child Welfare Committee under Section 27 and its composition.
Children in Conflict with Law — Procedure
Sections 10–26 — from apprehension to order
The procedure on apprehension of a CCL under Section 10 with prohibition on lodging in police lock-up. The Section 12 bail framework with the rebuttable presumption in favour of bail. The procedure of the JJB under Section 14 with the four-month time limit. The Section 15 preliminary assessment for sixteen-to-eighteen-year-olds in heinous offences. The Section 18 orders — admonition, fine, community service, observation home, special home.
Procedure in Relation to Children in Conflict with Law (Sections 10–25)
JJ · 06Heinous Offences and Children Aged 16–18 — Section 15 Preliminary Assessment
JJ · 07Trial of Children as Adults — Section 18(3) and Section 19
JJ · 08Bail of a Child in Conflict with Law (Section 12)
JJ · 09Orders That May Be Passed Regarding the Child (Section 18)
JJ · 10Removal of Disqualification on Findings of an Offence (Section 24)
Heinous Offences & Trial as Adult
Sections 15, 18(3), 19 — the Children’s Court route
The post-Nirbhaya 2015 carve-out allowing the JJB to conduct preliminary assessment under Section 15 of a sixteen-to-eighteen-year-old in a heinous offence. The transfer to the Children’s Court under Section 18(3) on the JJB’s satisfaction. The trial procedure before the Children’s Court under Section 19. The constitutional validity upheld in Salil Bali. The data on transfers since 2016.
Children in Need of Care & Protection
Sections 27–55 — CWC procedure and orders
The fourteen categories of CNCP under Section 2(14). The procedure of the Child Welfare Committee under Section 29 onwards. The production before the CWC under Section 31, the social investigation report under Section 36, the orders under Section 37 — restoration to parents, foster care, sponsorship, adoption, institutional care. The role of the District Child Protection Unit.
Adoption & Wrap-Up
Sections 56–110 + reference
The adoption procedure under Sections 56 to 73 administered through the Central Adoption Resource Authority (CARA). The eligibility of prospective adoptive parents, the procedure for in-country and inter-country adoption, the home-study report, and the court approval. The offences against children under Sections 75 to 88 including cruelty, employment of child for begging, sale or procurement, and use for vending of any narcotic drug or psychotropic substance. The landmark Supreme Court decisions on juvenile justice.