GENERAL PRINCIPLES OF JUVENILE JUSTICE ACT 2015

Submitted by
Utkarsh Dwivedi
9th Semester (Self Finance)
Roll No. - 57
B.A.LL.B (H)
Of
Faculty of Law
Jamia Millia Islamia
In
November, 2021

Under the guidance of

Dr. Mohammad Asad Malik
Associate Professor
Faculty of Law
Jamia Millia Islamia (Central University)
New Delhi – 110025
 Acknowledgment

I would like to express my heartfelt gratitude and thank my Professor Asad Malik
Sir for instilling confidence in me and entrusting the task to carry this project. It
was a very difficult task to carry out research work during the pandemic of
COVID-19, but the supportive materials provided by Sir were very useful during
my assignment. I am indeed privileged having been groomed in a prestigious
institution like Jamia Millia Islamia, New Delhi. I would also like to express my
gratitude to my friends and family for their support and help during this research
work.
 Table of Contents

1)Historical evolution JJ Act 2015

2)Scope of JJ Act 2015
3)General Principles Of Juvenile Justice Act 2015
4)Objectives Of Juvenile Justice Act 2015
5)Landmark Case Laws
6)Recent Amendments
7)Conclusion
1)The Historical Evolution of Juvenile Justice Act 2015 :

The Juvenile Justice (Care and Protection of Children) Act, 2015 was passed by the
Indian Parliament amid heated debates, lengthy discussions, and street protests by
child rights organizations and even certain members of Parliament.1

It replaced the Juvenile Justice (Care and Protection of Children) Act, 2000, in India,
and allows juveniles in conflict with the law between the ages of 16 and 18 who are
involved in heinous crimes to be tried as adults. The Act also intended to create a
universally accessible adoption law for India, overtaking but not replacing the Hindu
Adoptions and Maintenance Act, 1956 (applicable to Hindus, Buddhists, Jains, and
Sikhs) and the Guardians and Wards Act, 1890 (applicable to Muslims). The Act went
into effect on January 15, 2016. The Lok Sabha passed it on May 7, 2015, despite
strong opposition from some Members of Parliament and the Rajya Sabha passed it on
December 22, 2015.

The Juvenile Justice Act is indeed a significant piece of legislation. There was no
universal statute dealing with the subject of the care and protection of adolescents or
children before the enactment of this legislation. Every state had its own set of laws
governing children, and these laws varied greatly. The intended target groups of these
laws were also diverse, as definitions diversify substantially and there was no national
uniformity. The definition of a child differed from one state to the next.

The Supreme Court emphasized the importance of having similar rules for children
across India’s territory in a landmark case, Sheela Barse v. Union of India.2.The
Supreme Court went on to say, “The Act so enacted by Parliament should include not
only have provisions for investigating and prosecuting offenses against children under
the age of 16, but should also have mandatory provisions for ensuring social, economic,
and psychological rehabilitation of children who are either accused of offenses or
abandoned, destitute, or lost.” Furthermore, the Court emphasized the importance of
children, adding, “the best recompense the State may get for expenditure on children is

1
https://prsindia.org/billtrack/the-juvenile-justice-care-and-protection-of-children-amendment-bill-2018
2
1986 SCALE (2)230
the development of powerful human resources ready to assume its position in the
nation’s upward march.”

As one can see, the significance of this specific piece of legislation is multifaceted
because it deals with children, who are, after all, the nation’s future. It also brought with
its consistency in dealing with difficulties and with children. It should also be noted that
this piece of law aided India in honoring its obligations and upholding the numerous
international treaties or sanctions agreed, including those of the United Nations.

The increase in the number of crimes (including rapes) committed by juveniles (aged 16
to 18) was the main reason to introduce the new legislation. More retributive than
reforming, the new law raised several questions. The new law is considered retributive
because it contains provisions for teenagers who commit a heinous crime (punishable
by 7 years or more) must be tried as adults but in the juvenile court. The child found
guilty of the heinous crime is sent to a safe place until the age of 21, after which he is
transferred to prison. The children’s court ensures it. This means that the benefit of a
child is not granted to the minor when found guilty of committing a heinous crime.

Many protesters criticized the new law on minors for being unconstitutional. The Court
noted that in Rule 4 of the United Nations Standard Minimum Rules for the
Administration of Juvenile Justice, in the case of Pratap Singh v. the State of
Jharkhand3, one had to give all its importance to the moral and psychological elements
even when responsible for a crime.

2)Scope of JJ Act 2015 :

● Children in conflict with the Law

The new law reinforces the approach of the juvenile justice system to children in conflict
with the law as well as children in need of care and protection. The Act 4 redefined the
“minor” in conflict with the law into a “child” in conflict with the law. Offences were
classified as small/serious/ obnoxious. In the case of heinous crimes, children between
the ages of 16 and 18 can be tried as adults after a preliminary assessment by the
juvenile justice commission.

3
https://hrln.org/litigation/pratap-singh-vs-state-of-jharkhand-and-anr
4
Juvenile Justice (Care and Protection of Children) Act, 2015
During the investigation, a child in conflict with the law will be temporarily sent to an
observation house. Depending on age, sex, physical and mental state and the nature of
the offence, the child will be isolated. A child will be placed in a special home if
convicted of an offence by the Juvenile Justice Commission.

For children over the age of 18 or children aged 16 to 18 charged or convicted of

committing a heinous crime, a security site will be established. for the children in the
process of trial and the children who are convicted; the place of safety will have a
separate layout and facilities. The juvenile justice commission will carry out a regular
inspection of adult prisons to check whether a child is accommodated there and take
immediate measures to transfer the child to the home of observation [Section 8(3)].

Within three months, the Juvenile Justice Council will make a preliminary assessment
before referring the case to the juvenile court. The law stipulates that the final order
must include an individual plan for the rehabilitation of the child, including a follow-up by
the probation officer, the District Child Protection Unit or a worker. when the child is
considered an adult by the juvenile court.The juvenile court ensures that the child is
kept in a safe place until the age of twenty-one.

The juvenile court must determine whether it should be transferred to prison or whether
it has undergone reform changes and that it could be saved by incarceration once it
reaches the age of death and the sentence is still pending. The law provides for a
complete embargo on capital punishment or life imprisonment without the possibility of
release for child offenders who are treated as adults by juvenile justice. The juvenile
court decides whether the child should be released or sent to prison after reaching the
age of 21.

● Children in need of care and protection

Within 24 hours, a child in need of care and protection must be brought before the Child
Protection Committee. The law provides for the compulsory declaration of a child
separated from his guardian. Non-reporting was treated as a punishable offence. The
child in need of care and protection is sent to the appropriate child protection institution
and directed by the child protection committee under the direction of a social worker.
Within 15 days, the social worker or child protection officer must conduct the social
inquiry. At least 20 days a month. The child protection committees meet and the district
magistrate conducts a quarterly review of the functioning of the child protection
committee.

For care, treatment, education, training, development and rehabilitation, a child in need
of care and protection will be placed in a children’s home. Shelters open for children
who need community support in the short term to protect them from abuse or keep them
away from street life under the law. The Child Protection Committee could recognize an
institution that is able to temporarily assume a child’s responsibility. The rehabilitation of
orphans, abandoned or delivered children is taken care of by the Agency specialized in
adoption.

3)General Principles of Care and Protection of Children

Section 3 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act,
2015) prescribes that the Central Government, the State Governments, the Board and
other agencies, as the case may be, while implementing the provisions of JJ Act, 2015,
shall be guided by the following fundamental principles, namely:

● Principle of Presumption of Innocence

Any child shall be presumed to be innocent of any malafide or criminal intent up to the
age of eighteen years. This principle presumes that anything done by the child or the
child in conflict with law has been done without mens rea or malafide intention. This
principle operates right from the initiation of the proceedings and ends at the aftercare
programme. It simply states that whatever be the act committed and whatever be the
circumstances and whether it is done by himself or under the control of the adults or
with the influence of peer group should always be considered that the said Act has been
committed without mens rea i.s. the Principle of presumption of innocence should be
applied for all those activities which has been covered or explicitly stated in the Rule.

● Principle of Dignity and Worth :

All human beings shall be treated with equal dignity and rights. This principle mandates
the agencies involved in the JJ Act are to treat the child with dignity and worth and not
to label, stigmatize or discriminate against the child. It also mandates the authorities to
respect the personal identity and such other things relating to the child right from initial
apprehension till the aftercare is over.

● Principle of Participation :

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. Children‘s right to be heard shall
include creation of developmentally appropriate tools and processes of interacting with
the child, promoting children‘s active involvement in decisions regarding their own lives
and providing opportunities for discussion and debate.

● Principle of Best Interest :

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.
Children differ from adults in their physical and psychological development and their
emotional and educational needs. Such differences constitute the basis for the lesser
culpability of children in conflict with the law. These and other differences are the
reasons for a separate juvenile justice system and require a different treatment for
children. The protection of the best interests of the child means, for instance, that the
traditional objectives of criminal justice, such as repression/retribution, must give way to
rehabilitation and restorative justice objectives in dealing with child offenders.

● Principle of Family Responsibility :

In a family, a child is introduced to emotions like love and security. The social values
and cultural aspects of the community are inculcated in the child within the family
background i.e. 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.
Though many functions of family like education, health, recreation etc. are being taken
up by other social institutions, the family retains its importance as a constituent entity
and building block of all societies and communities. Thus, the principle of family
responsibility plays a vital role in the administration of juvenile justice as an informal
care and all authorities functioning under the JJA should take all the necessary
decisions of the child with the active involvement of the family of the children, who are in
conflict with law.
 ● Principle of Safety :

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. It also mandates that the state shall not use restrictive measures in the name
of safety of the child.

● Positive Measures :

All resources are to be mobilized 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. The term positive measures include the - avenues for health, education,
relationships, livelihoods, leisure, creativity and play. The Principle wants to achieve the
objective of facilitation in establishing the personal identity of the child and to enable the
child to equip himself to achieve the developments in all the processes relating to the
individual growth.

● Principle of Non-stigmatizing Semantics :

Adversarial or accusatory words are not to be used in the processes pertaining to a

child. For example, it mandates to avoid the following wordings in the process of
administration of Justice relating to children, who are in conflict with law. It includes the
following - arrest, remand, accused, charge sheet, trial, prosecution, warrant, summons,
conviction, inmate, delinquent, neglected, custody or jail.

● Principle of Non-waiver of Rights :

No waiver of any of the rights 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.
 ● Principle of equality and non-discrimination :

There shall be no discrimination against a child on any grounds including sex, caste,
ethnicity, place of birth, disability, health, status, race, religion, cultural practices, work,
activity or behaviour of the child in conflict with law or that of his parents or guardians, or
the civil and political status of the child. This principle also includes that equality of
access, opportunity and treatment shall be provided to every child.

● Principle of Right to Privacy and Confidentiality :

Every child shall have a right to protection of his privacy and confidentiality, by all
means and throughout the judicial process. In other words, no report in any newspaper,
magazine, news - sheet or audio - visual media or other forms of communication
regarding any inquiry or investigation or judicial procedure, shall disclose the name,
address or school or any other particular, which may lead to the identification of a child
in conflict with law or a child in need of care and protection or a child victim or witness of
a crime. No staff/stakeholder should divulge/ disclose any details to any one regarding
any case of CNCP ( Child in Need of Care and Protection) or CCL (Children in Conflict
with Law ) or identification of the same .

● Principle of institutionalization as a measure of last resort :

Deprivation of liberty has negative consequences for the child‘s harmonious

development and seriously hampers his/her reintegration in society. Deprivation of
liberty, including arrest, detention and imprisonment, should be used only as a measure
of last resort and for the shortest appropriate period of time, so that the child‘s right to
development is fully respected and ensured. A child shall be placed in institutional care
as a step of last resort after making a reasonable inquiry. The principal objective of
institutionalization and detention in the juvenile justice system should be to ensure that
the offender is free of criminal behaviour as soon as possible.

● Principle of Repatriation and Restoration :

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. (This principle should be read alongside the
principle of family responsibility) .

● Principle of Fresh Start :

While children who have offended must be held accountable for their action, every child
has the capacity to change for the better and must have a second chance - a right to a
fresh start. The principle of fresh start signifies a new beginning in the life of the child in
conflict with law. All past records of any child under the Juvenile Justice system should
be erased except in special circumstances.

● Principle of Diversion :

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.Diversion presents a few preferences when contrasted with the conventional
criminal justice framework which can be excessively unbending, awkward, slow and
inert to the necessities of children who are often first-time or non-genuine offenders.
Police are the first point of contact between the juvenile and the juvenile justice Board or
the court and as such the police think that it is not essential to proceed for the juvenile
to the judicial bodies on the consideration that the rights of the child, protection of the
society and the rights of the victims, they may divert the juvenile from the formal court
processes based on the acts and rules.

● Principles of Natural Justice :

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.
4)Objective Of Juvenile Justice Act 2015

The Juvenile Justice Act of 2015 replaced the Juvenile Justice (Care and Protection of
Children) Act of 2000, allowing juveniles in conflict with the law who commit heinous
offenses to be tried as adults.

The Juvenile Justice (Care and Protection of Children) Act, 2015 has the following
objectives:5

● The Act provides the basic principles for delivering justice to a juvenile or child.
● To make the juvenile justice system, which is intended for children, more
sensitive to developmental requirements in comparison to the criminal justice
system, which is intended for adults.
● To bring juvenile legislation into line with the United Nations Convention on the
Rights of the Child.
● To set a uniform age of eighteen for both males and females.
● To guarantee that cases involving juveniles or children are dealt with as quickly
as possible by the authorities envisioned by this Act, within a time restriction of
four months, as established in Article 21 of the Indian Constitution.
● To define the State’s functions as a facilitator rather than a doer by involving
voluntary organizations and local governments in the execution of proposed
legislation.
● Through sensitization and training of police employees, specific juvenile police
units with a humanitarian attitude will be established.

5
https://www.ebc-india.com/lawyer/articles/2005_6_1.htm
 ● To make juveniles and children more accessible by establishing Juvenile Justice
Boards, Child Welfare Committees, and Homes in each area or set of districts.
● To reduce stigma and to accommodate the developmental needs of the juvenile
or child, the Act should be divided into two sections, one for juveniles in violation
of the law and the other for the juvenile or child in need of care and protection.
● To provide adequate measures and numerous choices for rehabilitation and
social reintegration of abandoned, poor, neglected, and delinquent juvenile and
child offenders, such as adoption, foster care, sponsorship, and aftercare.
● To allow juveniles between the ages of 16 and 18 to be tried as adults for
heinous crimes.

5)Landmark Case laws

● Shilpa Mittal v. State of NCT of Delhi and Anr 6

The Court stated that it was not the Court’s responsibility to fill in the gaps and fix them.
The Court stated that it could add or delete words from the legislation if the legislature’s
meaning was apparent. In circumstances where the aim of the legislature is unclear,
however, the Court cannot add or eliminate words to offer meaning that the Court
believes would fit into the scheme of things. The Court was interpreting a statute, which
had to be construed by its wording and intent. The goal of the Act of 2015 is to ensure
that children who violate the law are dealt with separately, rather than as adults. We
cannot wish away the word “minimum” when the language of the clause stipulates a
minimum of 7 years imprisonment when dealing with severe crime.

The Court dismissed the appeal by resolving the issue and ruling that an offense that
does not carry a minimum penalty of seven years cannot be considered heinous.
However, the Act does not address the fourth category of offenses, namely, offenses
where the maximum sentence is more than seven years in prison but no minimum
sentence or a minimum sentence of fewer than seven years is provided, which shall be
treated as serious offenses within the meaning of the Act and dealt with accordingly
until Parliament decides on the matter.

6
Shilpa Mittal vs State Of Nct Of Delhi on 9 January, 2020
 ● VikramDeo Singh Tomar v. State of Bihar7

The Supreme Court has taken notice of the poor conditions in the State of Bihar’s care
homes for women and children and has ordered the State to improve affairs in these
facilities and provide at least the minimum living standards necessary to ensure human
dignity.

● Gaurav Jain v. Union of India8

The Supreme Court ruled that the children of prostitutes have the right to equal
opportunity, dignity, care, protection, and rehabilitation to be included in the mainstream
of social life without stigma. The Court ordered the formation of a committee to devise a
plan for the rehabilitation of such children and child prostitutes, as well as its
implementation and submission of the registry’s quarterly report.
● Master Bholu vs State of Haryana9

The determination of the age of the child, whether the child is in conflict with the
law is still left after 3 years of the offence. In this case, even the bail is denied to
the juvenile by stating that right now the decision is left to be made about
whether the treatment of the child in conflict with the law should be done as an
adult under the JJ Act 2015.

● Laxmikant Pandey v. Union of India10

In this landmark case, the Supreme Court of India established a couple of doctrines
controlling the requirements for inter-country adoption. The lawsuit was initiated based
on a letter filed to the court by a lawyer, Laxmikant Pandey, saying that social
organizations and volunteer organizations engaged in the activity of selling Indian
children to foreign parents are indulging in malpractices.

● Jayendra v. State of UP11

7
1988 AIR 1782, 1988 SCR Supl. (1) 755
8
(1997) 8 SCC 114
9
Master Bholu Though His Father vs Central Bureau Of Investigation on 6 June, 2018
10
1984 AIR 469
11
AIR 1982 SC 685
 where the order of the High Court sending a child to imprisonment for committing
an offence was challenged before the Supreme Court. The Supreme Court called
for the report by the medical in charge of the jail to determine the age of the child
and it was found that the age of the child at the time of committing an offence
was 16 years and 4 months and the sentence for imprisonment was quashed
and the convict was released immediately.

● Arnit Das v. State of Bihar12

In this case, R.C Lahoti, J. reminds that it is pertinent to note that neither the
definition of juvenile, nor any other provision contained in the Act specifically
provides the date by reference to which the age of a boy or a girl has to be
determined so as to find out whether he or she is a juvenile or not[49]. Here the
Supreme Court held that the age of the boy or girl has to be determined at the
time when they are brought before the competent authority. The rationale behind
this judgment is that the apex court has identified the problem that many children
have been lodged in adult jails because they have no evidence to prove their
age.
6)Recent amendments in the Juvenile Justice Act Bill 2015

These are 14 notable changes mentioned below:13

● Depending upon the severity of crime like a crime committed atrociously and
brutally, the juveniles between the ages of 16 to 18 years have the trial and the
legal proceedings in adult courts.
● Any child that is convicted of any crime will currently be sent for a preliminary
evaluation for a time of a quarter of a year (3 months), earlier it is one month now
extended to three months.
● Another clause on fair trial is included, under which the evaluation or assessment
period will investigate the special needs of the child, under the child-friendly
atmosphere.
● The child will not go through any form of disqualification or elimination in
education or jobs due to being guilty of any crime under the Act.
● The guilty records shall be ruined after the completion period of appeal, except in
the case of atrocious crimes.

12
AIR 2001 SC 3575, 2001 (49) BLJR 2101
13
https://pib.gov.in/PressReleasePage.aspx?PRID=1740011
 ● The time period to rethink the decision of adoption is changed from one to three
months.
● The aftercare of a child shall be unrestricted to one month in institutional care.
● Receive financial aid more than one time after evacuating institutional care.
● Priority for disabled children in interstate adoption.
● Increase in the time period for left alone children kept under observation in child
care facilities from 30 days to 60 days.
● In the case of an inevitable situation, it will not be considered purposely or
willfully giving up the child by biological parents.
● Consultation and advice from experienced psychologists and medical specialists
if an order passed against the child.
● Training of special juvenile units in the police force.
● NCPCR and SCPCR will be the nodal specialists to be liable for observing
implementation, the exposure of the amended act, and to investigate cases that
emerge out of the act.

7)Conclusion :

While most approaches to juvenile justice focus on the punishment or treatment of

juvenile delinquents, the restorative justice process seeks to repair wrongs by involving
the entire community in offender rehabilitation and holding them accountable for their
behaviour. It is absolutely imperative to rehabilitate and reintegrate the child into society
and to make him understand the grievance and serious responsibility for the offence he
has committed. This is envisaged and dealt with in the Juvenile Justice Act of 2005 and
includes the applicable provisions of the 1985 Beijing Rules. Young minds being the
future of society, their age, the physical constitution must be taken into account. and
mental. The restorative justice system also maintains this objective as its overarching
goal

It is possible to conclude that a separate legal system for juveniles is required for better
treatment of juvenile delinquent concerns. The reforming component of juvenile criminal
legislation must take precedence over the deterrence component. It can be observed
that, despite its inadequacies, the 2015 Act strikes a balance between the penal and the
protective, such that the juvenile is effectively rehabilitated while also discouraged from
committing the crime.14

For more than a century, states have firmly believed in the concept of using the juvenile
justice system as a weapon to protect the public by establishing a system that responds
to criminal acts committed by children as they mature into adulthood. The rising rates of
juvenile delinquency and crime committed by juveniles are pressing issues that must be
addressed. Even though the government has enacted legislation to address this issue,
these laws have done nothing to reform juveniles or stop them from committing crimes.

States acknowledge that children who commit crimes differ from adults in two ways:
they are less culpable as a group and have a greater possibility for reform. To address
the disparities, states have built a Court system for juveniles as well as a separate
youth-based service delivery system that is available to adults. The reforming aspect of
juvenile criminal law must take precedence over the deterrent aspect. It can be seen
that the 2015 Act, despite its flaws, finds a balance between the penal and the
protective, so that the minor is appropriately rehabilitated while also being dissuaded
from committing a crime.

The increasing rates of juvenile crime in India is a very concerning issue and needs to
be focused upon. Although the government has laid various legislation and rules to stop
the incidents of juvenile crimes, the present laws on juveniles are not creating a
deterrent effect on the juveniles and thus the results are not fruitful and legislative intent
is not accomplished.

14
http://shodhganga.inflibnet.ac.in/bitstream/10603/37610/9/09_chapter%203.pdf
 BIBLIOGRAPHY

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R V Kelkar," The Code of Criminal Procedure ", EBC
Ratanlal & Dhirajlal, “The Code of Criminal Procedure”, LexisNexis
S N Misra, "The Code of Criminal Procedure 1973",Central Law Publications.
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www.scconline.com
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