1. Child Legislation Before Independence
During British rule, the Courts used to try offences as per personal laws of the parties.
To bring up uniformity in criminal laws the than British Govt. Constituted a committee headed by ‘Lord Macaulay’ that was the 1st law commission in the year 1833.
Accordingly ‘Indian Penal Code’ had finally come into force on 6th Oct., Provisions are also made for protection of children’s interest.

2. As section 82 IPC says that any act of child under sever years of age is not an offence.
This is based on English common law rule that child of tender years is doli incapax (Incapable of mental depravity). The minimum age of Criminal responsibility is 10 years.
As per section 83 IPC: - Any act of a child above seven and under twelve years of age of immature understanding is not an offence.
In England the age limit is years. As per the above limitations, every person is guilty if he does any act amounting to an offence.

3. Social legislation for protection of children.
The first All India enactment to deal with socially deprived children was passed in 1850 i.e.
the Apprentices Act 1850 for children aged years under this Act both boys and girls were bound as apprentices if they were found to be destitute, or if they were found to be guilty of petty offences.
This Act was replaced by the Reformatory schools Act 1876 which was later amended as Reformatory schools Act 1897.

4. Child Welfare Legislation.
The Indian Jail committee’s recommendations ( ) laid down the foundation of the Ist child welfare law based on English Children Act 1908, i.e.
The Madras Children Act 1920.
The Bengal Children Act 1922 and
The Bombay Children Act 1924

5. . After Independence. In Indian Constitution, Article 39(7)- It is the duty on the state to provide all opportunities and facilities for the healthy development of the youth and to provide effective protection against any kind of exploitation. Accordingly the Central Children Act 1960 was enacted by the Parliament on 26th Dec

6. Later, in conformity with the United Nations Standard Minimum Rules for administration of Juvenile Justice, the Juvenile Justice Act 1986 has been enacted by repealing the earlier Children Act 1960.
In the said Act is has been defined ‘Juvenile’ as who is under the age of 16 in case of boy, and 18 in case of girl.

7. On 20th November, 1989 the General Assembly of United Nations adopted the convention on the Rights of the child, wherein a set of standards to be adhered to by all state parties in securing the best interests of the child has been prescribed
since India had ratified it, the Juvenile Justice (care and protection of children) Act 2000 has been enacted by repealing the earlier Act i.e. J.J. Act 1986.

8. Children Act 1960
Separate trail for children who is accused of any offence by children Court.
Child who commits any offence termed as delinquent child.
Age of child for boy _16
Age of child for girl _ 18
Crime against Children
1. Begging
2. Cruelty
3.Intoxication
4. Exploitation.

9. Juvenile Justice Act, 1986 Only adjudication by Juvenile Court.
Juvenile who commits offence termed as Juvenile delinquent.
Age of child for boy_16
Age of child for girl _18.
1. Begging
2. Cruelty
3.Intoxication
4. Exploitation.

10. Juvenile Justice (Care & Protection) Act, 2000.
Adopted a child friendly approach in adjudication and disposition of matters through J.J. Board.
→ Constitution of Juvenile Police unit.
→ Inquiry be completed within 4 months.
Not branded as delinquent instead call him juvenile in conflict with law.
Age of Juvenile / Child age are 18 for both.

11. → Crime against Children
Begging
Cruelty
Intoxication
Exploitation
→The above offences made cognizable.
→Shelter homes has been established (drop in center).
→Rehabilitation
Restoration of child to penalty etc.
Adoption
Forster care center.

12. Juvenile Justice (Care and Protection of Children) Act 2000 & Rule In this act total sections are 70, divided into 5 chapters. Came into force from 1st April It extends to the whole of India except the state of J & K.

13. OBJECT OF THE ACT
An act to consolidate and amend the law relating to juvenile in conflict with law and children in need of care and protection.
By providing for proper care, protection and treatment by creating to their development needs, and
By adopting a child friendly approach in the adjudication and disposition of matters in the best interest of the children and for their ultimate rehabilitation.

14. Juvenile Justice (Care and Protection of Children) Act 2000 & Rule 2007
Juvenile or Child
(Mandatory age below 18 yrs)
Juvenile in conflict with law
Child in need of care and protection
Where & by Juvenile or child will be produced?
Before the J. J. B.
sec. 4: JJB
sec. 5: Procedure in relation to board
sec. 6: Power of JJB
Before the C.W.C.
sec. 29 CWC
30 Procedure in relation to care
31 Power of CWC
By - Designated Juvenile/Child welfare officer Or
Police officer who apprehended the juvenile
Sec. 10 (i) & rule 11(ii)
By Anyone
(see sec. 32)
Any police officer or SJPO or designated police officer, any public servant, any NGO, any citizen, or child himself

15. If it is proved he/she has committed an offence
During the pendency of the inquiry
Observation home
(sec. 8)
Rule 16
Children home (sec. 34)
If it is proved he/she has committed an offence
Shelter home
(sec. 37)
Special home
(sec 9)

16. Apprehension of juvenile in conflict
with law-
Sec. 10
also see rule 11 (2) (3) (7), 75, 76, 11 (13) & (11)
Under what circumstances a case can be registered against a juvenile in conflict with law
Period of investigation
Information to parent, guardian or probation officer
Sec. 13
Bail of juvenile
Sec. 12

17. Presumption and determination of age Sec. 49
Procedure to be followed when claim of juvenility is raised before any court
Sec. 7A
Presumption and determination of age
Sec. 49
Procedure to be followed in determination of Age
Rule 12
Determination of age

18. Inquiry Appeals & revision (sec 52, 53) By the CWC By the JJB
Order that may be passed regarding juvenile
(sec. 15)
Order that may not be passed
against juvenile
(sec 16)
Appeals & revision
(sec 52, 53)

19. Definitions (Sec. 2)
"Juvenile in conflict with law" means a juvenile who is alleged to have committed an offence and has not completed eighteenth year of age as on the date of commission of such offence.

20. "Child in need of Care and Protection" means a child who is :-
Homeless/street child/or a working child or who is found bagging.
Having incapacitated parent
Abandoned, missing or runaway
Victim of natural and man-made calamity
Victim of abuse and exploitation
Mentally or physically challenged
Mentally or physically ill
Suffering from terminal illnesses or incurable diseases
Trafficked –for labour and or sexual purpose

21. “Competent Authority” means in relation to juvenile in conflict with law a board (JJB), in relation to child in need of care and protection a committee (CWC).
“Fit Institution” means a governmental or a registered non-governmental organization or a voluntary organization prepared to own the responsibility of a child and such organization is found fit by the state government on the recommendation of the competent authority.

22. “Fit Person” means a person as a social worker or any other person who is prepared to own the responsibility of a child and it found fit by the competent authority to receive and take care of the child.
“Probation Officer” means an officer appointed by the state government as probation officer under the probation of offender act 1958.

23. “Special Juvenile Police Unit” means a unit of the police force of a state designated for handling of juvenile or children under sec 63, also see rule 84.
“Offence” means an offence punishable under any law time being in force.
All words and expressions used but not defined in this act and defined in the CrPC 1973, shall have the same meaning.

24. Sec. 4 J. J. B. – A Board shall consist of a M. M. are J. M. F. C
Sec. 4 J.J.B. – A Board shall consist of a M.M. are J.M.F.C., as the case may be and two social workers of whom at least one shall be a women, (Oriented with in child psychology / education / welfare.
forming a bench and the Magistrate on the board shall be designated as the Principal Magistrate.
They will work as a bench.
Sec. 29 C.W.C.-The committee shall consists of a chairperson four other members as the state Govt. may think to appoint, of whom at least one shall be a women and another, in expert on matters concerning children.
They will work as a bench.

25. Sec. 5 Procedure etc. in relation to board-
A child in conflict with law may be produced before an individual member of the Board, when the Board is not sitting.
There shall be at least two members including the principal Magistrate present at the time of final disposal of the case.
The opinion of the majority shall prevail, but where there is no such majority, the opinion of the principal Magistrate shall prevail.
Sec. 6 Procedure etc. in relation to committee- A child in conflict with law may be produced before an individual member of the committee, when the committee is not sitting.
The opinion of the majority shall prevail, but where there is no such majority, the opinion of the Chairperson shall prevail.

26. Sec. 6. Powers of J.J.B. -Board shall have power to deal exclusively with all proceedings under this Act in relation to Juvenile in conflict with law
Sec. 31. Powers of C.W.C.- The committee shall have the final authority to dispose of cases for the care, protection, treatment, development and rehabilitation of the children as well as to provide for their basic needs and protection of human rights.

27. During the pendency of the inquiry-
Observation home (for Juvenile in conflict with law) Sec. 8, rule 16.
Children home (for child in need of care and protection) Sec. 34.
If guilty is proved/care and protection required
Special Home Sec. 9- (for Juvenile in conflict with law)
Shelter Home Sec. 37- (for child in need of care and protection)

28. Section 10: - Apprehension of juvenile in conflict with law-
As soon as a juvenile in conflict with law is apprehended by police, he shall be placed under the charge of the special juvenile police unit or the designated police officer who shall produce the Juvenile before the Board within 24 hours.
Provided that in no case, juvenile in conflict with law shall be placed in a police lockup or lodged in a jail.

29. Rule 11: (2) Soon after apprehension, the juvenile shall be placed under the charge of the Juvenile or Child Welfare Officer from the nearest police station, who shall produce the juvenile before the Board within twenty-four hours and where such Juvenile or Child Welfare Officer has not been designated or is not available for some official reasons, the police officer who has apprehended the juvenile shall produce him before the Board.

30. 11 (3) The police apprehending a juvenile in conflict in law shall in no case send the juvenile in lock- up or the delay his charge being transferred to the Juvenile or Child Welfare Officer from the nearest police station, if such an officer has been designated.
11 (7) The police or the Juvenile or the Child Welfare Officer form the nearest police station, shall exercise the power of apprehending the juvenile only in cases of his alleged involvement in serious offences (entailing a punishment of more than 7 years imprisonment for adults).

31. Rule 75: Police Officer to be in plain clothes:-
While dealing with a juvenile or a child under the provisions of the Act and the rules made there under, except at the time of apprehension, the Police Officer shall wear plain clothes and not the police uniform.
Rule 76: Prohibition on the use of handcuffs and fetters:-
No child or the juvenile in conflict with law dealt with under the provisions of the Act and the rules made there under shall be handcuffed or fettered.

32. Rule 11 (11) In dealing with cases of juveniles in conflict with law the Police or the Juvenile or the Child Welfare Officer form the nearest police station, shall not be required to register an FIR or file a charge sheet, except where the offence alleged to have been committed by the juvenile is of a serious nature such as rape, murder (entailing a punishment of more than 7 years imprisonment for an adult) or when such offence is alleged to have been committed jointly with adults;

33. The Police or the Juvenile Welfare Officer shall record information regarding the offence alleged to have been committed by the juvenile in the general daily diary followed by a report containing social background of the juvenile and circumstances of apprehension and the alleged offence and forward it to the Board before the first hearing.

34. Period of investigation:
If offence punishable not more than 7 years investigation shall be completed within a period of 3 months otherwise case must be treated as closed. If charge sheet filed within 3 months the case must be tried and closed within 6 month – Sheela Vs Union of India and others (1986) 3 SCC 632.

35. As per S.O. number 68/2012:
Where a complaint/ FIR is filed against a child below the age of 18 years for an offence punishable with imprisonment of 7 years & more, the social/investigation report shall be completed within a period of three months from the date of filling of the complaint/FIR.
If the investigation is not completed within this time, conduct further investigation and file supplementary report with the permission of the board.
Provision of sec 167 Cr.P.C. shall also apply if the juvenile is in observation home.

36. Section 13: - Information to parent, guardian or probation officer-
This provision is supplement to judicial pronouncement of the Apex Court in the case D.K. Basu v/s State of West Bengal in relation to the arrest of persons.

37. Section 12: - Bail of juvenile.-
When any person accused of a bailable or non-bailable offence, and apparently a juvenile, is apprehended or detained or appears or is brought before a Board, such person shall be released on bail with or without surety or placed under the supervision of a probation officer or under the care of any fit institution or fit person.
But he shall not be so released if there appear reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice.

38. Determination of age. (Sections. 7-A, 49 and rule 12)
Sec. 7 A : Procedure to be followed when claim of juvenility is raised before any court.
A claim of juvenility may be raised before any court and it shall be recognized at any stage even after final disposal of the case and even if the juvenile has ceased to be so on.
If the court finds a person to be a juvenile on the date of the commission of the offence it shall forwarded the juvenile to the board or passing appropriate order and the sentenced if any passed by the court shall be deemed to have no effect.

39. Section 49: - Presumption and determination of age.
where it appears to competent authority that person before under this act is a Juvenile or child shall making inquiry, record finding whether the person is Juvenile or child or not.
No order of a competent authority shall be deemed to have become invalid merely by any subsequent proof that the person in respect of whom the order has been made is not a juvenile of the child, and the age recorded by the competent authority to be the age pr person so brought before it, shall for the purpose of this Act, be deemed to be the true age of that person.

40. Rule 12: Procedure to be followed in determination of Age.
In every case concerning a child or a juvenile in conflict with law, the court or the Board or as the case may be the Committee shall determine the age of such juvenile or child within a period of 30 days form the date of making of the application for that purpose.
In every case concerning a child or juvenile in conflict with law, the age determination inquiry shall be conducted by the Court or the Board or, the committee by seeking evidence by obtaining –
(a) (i) the matriculation or equivalent certificates, if available; and in the absence whereof;
(ii) the date of birth certificate form the school (other than a play school) first attended; and in the absence whereof;
(iii) the birth certificate given by a corporation or a municipal authority or a panchayat.
(b) and only in the absence of above, the medical opinion of a Medical Board. In case exact assessment of the age cannot be done, the Court or the Board or, as the case may, the Committee, for the reasons to be recorded by them. May, if considered necessary, give benefit to the child or juvenile by considering his/ her age on lower side within the margin of one year.

41. Order that may be passed regarding juvenile
Inquiry
By the CWC
(sec 33)
By the JJB
(sec 14)
Inquiry shall be completed within a period of 4 months from the date of its commencement
Order that may be passed regarding juvenile
(sec. 15)
Advice or admonition, to participate in group counseling, perform community service, to pay fine, to release on probation of good conduct, juvenile to be sent to a special home for a period of 3 years

42. Order that may not be passed
against juvenile
(sec 16)
No juvenile in conflict with law shall be sentenced to death or imprisonment for life or default of payment of fine or in default of furnishing surety.
Appeals & revision
(sec 52, 53)
Within 30 days from the date of order to the court of session, no appeal shall lie from – any order of acquittal made by the JJB, no second appeal shall lie from any order of the court of session passed in appeal

43. Other important provisions of the act
No Proceeding shall be instituted and no order shall be passed against juvenile under Chapter VIII of the Code of Criminal Procedure. (Sec. 17)
No juvenile shall be charged with or tried for any offence together with a person who is not juvenile. (Sec. 18)
A juvenile who has committed an offence and has been dealt with under the provisions of this act shall not suffer disqualification. (Sec. 19)

44. Prohibition of publication of name, etc
Prohibition of publication of name, etc., of juvenile involved in any proceeding under the Act.:- unless it is in the interest of the juvenile or child e.g. for a missing child the photograph of the child can be telecast on the Electronic Media, printed in the Newspapers. (Sec. 21)
Provision in respect of escaped juvenile: - No proceeding shall be instituted in respect of juvenile by reason of escape from custody.( Sec. 22)
Punishment for cruelty to juvenile or child- 6 months imprisonment or fine or both.( Sec. 23)

45. Employment of juvenile or child for begging:- 3 years imprisonment and shall also be liable to fine. (Sec. 24)
Penalty for giving intoxicating liquor or narcotic drug or psychotropic substance to juvenile or child- 3 years imprisonment and shall also be liable to fine. (Sec. 25)
Exploitation of juvenile or child employee. - three years imprisonment and shall also be liable to fine. (Sec 26)

46. Special offences- The offences punishable under sections 23, 24, 25 and 26 shall be cognizable. (Sec. 27) Sec. 23 bailable but 24,25,26 are non-bailable as per first scheduled of Cr.P.C.
SJPO (See sec. 63 & rule 84)
Protection of action taken in good faith (sec. 67)

47. What is Special Juvenile Police Unit (SJPU) and what is its role.
A Special Juvenile Police Unit is a unit to be created under the Juvenile Justice (Care & Protection of Children) Act 2000 and rules 2007 in every district to coordinate and upgrade police treatment of the Juvenile and the children in need of care and protection it will be headed by the DCP of the district/unit and shall consists of one Inspector, designated as Juvenile Welfare Officer and Social Workers/Volunteers provided by NGOs working in the field of child welfare.
As per the S.O. No. 68/2008 in Delhi every police station shall designate at least two upper subordinates as juvenile welfare officer. The Distt. Crime Against Women Cell shall act as the Distt. Special Juvenile Police Unit and crime against women cell Nanak Pura will function as the State Special Juvenile Police Unit
The police officers so designated will have necessary aptitude, appropriate training and orientation as Juvenile/Child Welfare Officer.

48. ROLE:- The Special Juvenile Police Unit shall ensure that all guidelines laid down in the Act and Rules with respect to the juvenile in conflict with law and children in need of care and protection are strictly followed by the Police Stations, Juvenile Welfare Officer and also to ensure that the cases of juvenile/child are handled only by the designated officers.
This unit shall seek assistance of RWA’s, Volunteer agencies, Panchayat, Gram Sabha etc. in identifying the juveniles in conflict with law and also reporting the cases of violence against children and child abuse etc.

49. What are the functions and responsibilities of a Juvenile Police Officer?
The Juvenile Police Officer has the following functions and responsibilities:
Lodge a FIR if the offence is punishable with an imprisonment more than seven years.
File a charge sheet before the J.J. Board within 90 days.
In all those cases, where punishment is less than seven years make an entry in Daily Diary. No FIR.
Send a report in Kalandara containing information about nature of crime and social background of the Juvenile.
The impression should not go in the mind of juvenile that he is criminal like a thief.
The officers should not lose temper while dealing juvenile.
Display of sympathy and understanding so as to give the impression that the police officer is mainly interested in the welfare or good of the juvenile.
Physical needs of the juvenile, like hunger or thirst or the need to go to toilet should be properly attended to.
Police officers should strictly follow the provisions of Juvenile Justice (Care and Protection of Children) Act, 2000, Amendment Act 2006 and Rules 2007.

50. What are the functions and responsibilities of a Child Welfare Officer?
The Child Welfare Officer has the following functions and responsibilities:
Lodge a detailed entry in the Daily Diary.
All efforts shall be made to locate the address of the child.
Child’s parent/guardian and Probation Officer shall be informed
Missing Persons Squad shall be informed along with description of child & photograph, Hue and Cry notice shall be issued.
The particulars of the child found shall be telecast on television.
If his/her address is not found and parents/guardians are not located, then child shall be produced before the child welfare committee within 24 hours.
During the period of custody child welfare officer will be responsible for providing food, care, medicine and basic amenities to the child.
Child Welfare Officer dealing with child should strictly follow the provisions of Juvenile Justice (Care and Protection of Children) Act, 2000 and Rules 2007.

51. Thanks