Juvenile Justice (Care and Protection of Children) Act, 2015
3General principles to be followed in administration of ActJJA-2015
The Central Government, the State Governments, the Board, and other agencies, as the case may be, while implementing the provisions of this Act shall be guided by the following fundamental principles, namely:––
- Any child shall be presumed to be an innocent of any mala fide or criminal intent up to the age of eighteen years.
- All human beings shall be treated with equal dignity and rights.
- Every child shall have a right to be heard and to participate in all processes and decisions affecting his interest and the child’s views shall be taken into consideration with due regard to the age and maturity of the child.
- All decisions regarding the child shall be based on the primary consideration that they are in the best interest of the child and to help the child to develop full potential.
- The primary responsibility of care, nurture and protection of the child shall be that of the biological family or adoptive or foster parents, as the case may be.
- All measures shall be taken to ensure that the child is safe and is not subjected to any harm, abuse or maltreatment while in contact with the care and protection system, and thereafter.
- All resources are to be mobilised including those of family and community, for promoting the well-being, facilitating development of identity and providing an inclusive and enabling environment, to reduce vulnerabilities of children and the need for intervention under this Act.
- Adversarial or accusatory words are not to be used in the processes pertaining to a child.
- No waiver of any of the right of the child is permissible or valid, whether sought by the child or person acting on behalf of the child, or a Board or a Committee and any non-exercise of a fundamental right shall not amount to waiver.
- There shall be no discrimination against a child on any grounds including sex, caste, ethnicity, place of birth, disability and equality of access, opportunity and treatment shall be provided to every child.
- Every child shall have a right to protection of his privacy and confidentiality, by all means and throughout the judicial process.
- A child shall be placed in institutional care as a step of last resort after making a reasonable inquiry.
- Every child in the juvenile justice system shall have the right to be re-united with his family at the earliest and to be restored to the same socio-economic and cultural status that he was in, before coming under the purview of this Act, unless such restoration and repatriation is not in his best interest.
- All past records of any child under the Juvenile Justice system should be erased except in special circumstances.
- Measures for dealing with children in conflict with law without resorting to judicial proceedings shall be promoted unless it is in the best interest of the child or the society as a whole.
- Basic procedural standards of fairness shall be adhered to, including the right to a fair hearing, rule against bias and the right to review, by all persons or bodies, acting in a judicial capacity under this Act.
Principle of presumption of innocence:
Principle of dignity and worth:
Principle of participation:
Principle of best interest:
Principle of family responsibility:
Principle of safety:
Principle of non-stigmatising semantics:
Principle of non-waiver of rights:
Principle of equality and non-discrimination:
Principle of right to privacy and confidentiality:
Principle of institutionalisation as a measure of last resort:
Principle of repatriation and restoration:
Principle of fresh start:
Principle of diversion:
Principles of natural justice:
1 Short title, extent, commencement and application
3 General principles to be followed in administration of Act
4 Juvenile Justice Board
5 Placement of person, who cease to be a child during process of inquiry
6 Placement of persons, who committed an offence, when person was below the age of eighteen years
7 Procedure in relation to Board
8 Powers, functions and responsibilities of the Board
9 Procedure to be followed by a Magistrate who has not been empowered under this Act
10 Apprehension of child alleged to be in conflict with law
11 Role of person in whose charge child in conflict with law is placed
12 Bail to a person who is apparently a child alleged to be in conflict with law
13 Information to parents, guardian or probation officer
14 Inquiry by Board regarding child in conflict with law
15 Preliminary assessment into heinous offences by Board
16 Review of pendency of inquiry
17 Orders regarding a child not found to be in conflict with law
18 Orders regarding child found to be in conflict with law
19 Powers of Children's Court
20 Child attained age of twenty-one years and yet to complete prescribed term of stay in place of safety
21 Order that may not be passed against a child in conflict with law
22 Proceeding under Chapter VIII of the Code of Criminal Procedure not to apply against child
23 No joint proceedings of child in conflict with law and person not a child
24 Removal of disqualification on the findings of an offence
25 Special provision in respect of pending cases
26 Provision with respect of run away child in conflict with law
27 Child Welfare Committee
28 Procedure in relation to Committee
29 Powers of Committee
30 Functions and responsibilities of Committee
31 Production before Committee
32 Mandatory reporting regarding a child found separated from guardian
33 Offence of nonreporting
34 Penalty for nonreporting
35 Surrender of children
37 Orders passed regarding a child in need of care and protection
38 Procedure for declaring a child legally free for adoption
39 Process of rehabilitation and social reintegration
40 Restoration of child in need of care and protection
41 Registration of child care institutions
42 Penalty for nonregistration of child care institutions
43 Open shelter
44 Foster care
46 After care of children leaving child care institution
47 Observation homes
48 Special homes
49 Place of safety
50 Children’s Home
51 Fit facility
52 Fit person
53 Rehabilitation and reintegration services in institutions registered under this Act and management thereof
54 Inspection of institutions registered under this Act
55 Evaluation of functioning of structures
57 Eligibility of prospective adoptive parents
58 Procedure for adoption by Indian prospective adoptive parents living in India
59 Procedure for inter-country adoption of an orphan or abandoned or surrendered child
60 Procedure for inter-country relative adoption
61 Court procedure and penalty against payment in consideration of adoption
62 Additional procedural requirements and documentation
63 Effect of adoption
64 Reporting of adoption
65 Specialised Adoption Agencies
66 Adoption of children residing in institutions not registered as adoption agencies
67 State Adoption Resource Agency
68 Central Adoption Resource Authority
69 Steering Committee of Authority
70 Powers of Authority
71 Annual Report of Authority
72 Grants by Central Government
73 Accounts and audit of Authority