The Juvenile Justice (Care and Protection of Children) Act, 2015 – Section Summary
| Section | Rule | Key Concept | Case Law |
|---|---|---|---|
| 1 | Short title, extent, commencement and application: Names the Act and explains where and to what matters it applies. | The Act covers children in conflict with law and children who need care and protection. It aims to protect their rights and support rehabilitation. | — |
| 2 | Definitions: Defines important terms, including “child”, “child in conflict with law”, “child in need of care and protection”, “heinous offence”, “Juvenile Justice Board” and “Child Welfare Committee”. | This section explains the main words used in the Act. A child is a person who has not completed 18 years of age. | — |
| 3 | General principles: Sets out principles such as the best interests of the child, dignity, participation, safety, privacy, family responsibility, equality and protection from harm. | Every decision must consider what is best for the child. The child must be treated with dignity and protected from unfair treatment and harm. | Sampurna Behura v. Union of India (2018) |
| 4 | Juvenile Justice Board: Requires the State Government to establish one or more Boards in each district. Each Board consists of a Principal Magistrate and two social worker members, at least one of whom must be a woman. | The Board deals with children alleged or found to have committed offences. It combines legal knowledge with an understanding of children's needs. | Sampurna Behura v. Union of India (2018) |
| 5 | Placement of a person who ceases to be a child during an inquiry: Provides for the placement of a person who turns 18 while an inquiry is still pending. | Turning 18 during the inquiry does not automatically end the special process that began when the person was a child. The authority must follow the procedure in the Act. | — |
| 6 | Placement of a person who committed an offence while below 18: Deals with a person who is apprehended after turning 18 for an offence allegedly committed when they were a child. | The person's age on the date of the alleged offence is important. The Act provides a special procedure for such cases. | Pratap Singh v. State of Jharkhand (2005) |
| 7 | Procedure in relation to the Board: Sets out how the Board conducts its work and proceedings. | The Board must follow the child-friendly procedure laid down by the Act. Its decisions must respect the rights and welfare of the child. | — |
| 8 | Powers, functions and responsibilities of the Board: Gives the Board authority to conduct inquiries, make orders and ensure appropriate care and rehabilitation. | The Board must consider the child's circumstances and needs when deciding a case. Its approach should support reform and return to society. | Sampurna Behura v. Union of India (2018) |
| 9 | Procedure to be followed by a Magistrate not empowered under the Act: Requires a Magistrate who is not authorised to exercise the Board's powers to follow the procedure set out in this section when a child is brought before them. | A child must be referred to the proper authority and receive the protections provided by juvenile justice law. | — |
| 10 | Apprehension of a child alleged to be in conflict with law: Requires the child to be placed under the care of the Special Juvenile Police Unit or designated Child Welfare Police Officer and produced before the Board within 24 hours, excluding travel time. The child must not be placed in a police lock-up or jail. | A child must not be treated like an adult who has been arrested. The law requires prompt production before the Board and protection from ordinary police detention. | Sheela Barse v. Union of India (1986) |
| 11 | Role of the person in whose charge a child is placed: Requires the person responsible for the child to provide care and follow the Board's directions. | A person entrusted with a child must protect the child's safety and welfare and follow the legal instructions given. | — |
| 12 | Bail to a child alleged to be in conflict with law: Provides for release on bail, with or without surety, or placement under the supervision of a suitable person or institution. Bail may be refused only on the grounds specified in the section. | Bail is generally favoured for a child, subject to the legal exceptions. The Board must consider the risks listed in the Act before refusing release. | Pratap Singh v. State of Jharkhand (2005) |
| 13 | Information to parents, guardian or probation officer: Requires the parents or guardian and the probation officer, where applicable, to be informed about the child's apprehension and the relevant proceedings. | Informing the family and probation officer helps the child receive support and ensures that important information is available to the Board. | — |
| 14 | Inquiry by the Board: Sets out the procedure and time limits for the Board's inquiry into a child in conflict with law. | The Board examines the case and the child's circumstances before deciding what action is suitable. The inquiry must follow the safeguards in the Act. | — |
| 15 | Preliminary assessment in heinous offences: For a child aged 16 years or above alleged to have committed a heinous offence, the Board assesses the child's mental and physical capacity, ability to understand the consequences and the circumstances of the alleged offence. | This assessment is not a trial and does not decide guilt. It helps determine whether the case should remain before the Board or be transferred to the Children's Court as the Act allows. | Shilpa Mittal v. State (NCT of Delhi) (2020) |
| 16 | Review of pending inquiries: Requires review of pending cases of the Board at regular intervals to reduce delay. | This provision aims to prevent cases involving children from remaining unresolved for too long. Timely decisions are important for the child's welfare. | Sampurna Behura v. Union of India (2018) |
| 17 | Orders when a child is not found to be in conflict with law: Provides for an appropriate order where the inquiry does not establish that the child committed the offence. | A child must not be treated as having committed an offence when the inquiry does not support that conclusion. The Board must pass an order according to law. | — |
| 18 | Orders regarding a child found to be in conflict with law: Allows orders such as advice, counselling, community service, fine where legally permitted, probation or placement in a special home, subject to the Act. | The Board chooses a suitable response based on the case and the child's needs. The purpose is to support reform and rehabilitation. | Sampurna Behura v. Union of India (2018) |
| 19 | Powers of the Children's Court: Allows the Children's Court to decide whether a child transferred to it should be dealt with as an adult under the Act or through a child-focused process, and to pass the appropriate order. | Transfer to the Children's Court does not automatically mean the child will be tried as an adult. The court must follow the legal safeguards and consider the child's circumstances. | Shilpa Mittal v. State (NCT of Delhi) (2020) |
| 20 | Person who reaches 21 while staying in a place of safety: Provides for review and further action when a person reaches 21 before completing the ordered period of stay. | The authority considers the person's progress and circumstances and decides the next step under the Act. | — |
| 21 | Prohibition on publication of identity of children: Restricts publication of information that may reveal a child's identity, except where the law permits it. | A child's name, address, school and other identifying details must be protected. This helps prevent shame, harassment and harm to the child's future. | Sampurna Behura v. Union of India (2018) |
| 22 | No joint proceedings of child and adult: Prohibits joint proceedings against a child and an adult accused in the same matter. | A child must be dealt with separately under the juvenile justice system. This helps protect the child from the risks of ordinary proceedings involving adults. | — |
| 23 | No disqualification attached to conviction: Prevents certain legal disadvantages from arising from a conviction dealt with under the Act, subject to its exceptions. | A child should not automatically lose future opportunities because of a case dealt with under juvenile justice law. The section supports rehabilitation and a fresh start. | — |
| 24 | Removal of disqualification on the basis of the record of conviction: Provides for removal or destruction of records after the period and in the manner stated in the Act, subject to exceptions. | The law aims to prevent a child's past from unnecessarily affecting their future. Certain records may be retained where the Act requires it. | — |
| 25 | Special provision for pending cases: Provides transitional rules for cases pending when the Act came into force. | This section explains how older cases are handled under the new law. The applicable procedure depends on the circumstances and the Act's transitional provisions. | — |
| 26 | Provision for a child who runs away: Provides for action when a child leaves a special home or place of safety without permission. | The authorities must take steps to locate and safely return the child, following the Act and considering the child's welfare. | — |
| 27 | Child Welfare Committee: Requires the State Government to establish one or more Committees in every district. Each Committee has a Chairperson and four other members, with at least one woman and one member who is an expert on children's matters. | The Committee deals with children who need care and protection. Members must meet the legal conditions for appointment. | Sampurna Behura v. Union of India (2018) |
| 28 | Procedure in relation to the Committee: Sets out how the Committee meets and makes decisions. | The Committee must follow the procedure prescribed by the Act and applicable rules. This helps ensure that cases are properly considered. | — |
| 29 | Powers of the Committee: Gives the Committee authority to decide matters concerning children in need of care and protection. | The Committee is the main authority for deciding what care and protection a child needs. It must act according to the Act. | Sampurna Behura v. Union of India (2018) |
| 30 | Functions and responsibilities of the Committee: Includes receiving children, conducting inquiries, arranging care, rehabilitation and restoration, and taking steps towards adoption where legally permitted. | The Committee examines each child's situation and decides what support is suitable. Its main aim is to protect the child and support their development. | Sampurna Behura v. Union of India (2018) |
| 31 | Production before the Committee: Requires a child in need of care and protection to be brought before the Committee by the persons or authorities specified in the Act. The child must be produced without delay and within 24 hours, excluding travel time. | A child who may be unsafe, abandoned or neglected must receive prompt attention from the proper authority. | — |
| 32 | Mandatory reporting about a child found separated from a guardian: Requires a person or organisation finding a child who appears lost, abandoned or separated from family to report the matter within the prescribed time or follow the lawful process for handing over the child. | A person must not simply keep a lost or abandoned child without informing the proper authority. Reporting helps protect the child and may help trace the family. | — |
| 33 | Offence of non-reporting: Makes failure to provide the information required under Section 32 within the prescribed time an offence. | A person who fails to report a child as required by law may face legal action. | — |
| 34 | Penalty for non-reporting: Provides punishment for failure to report as required by the preceding provisions. | This section supports the legal duty to report children who may need care and protection. | — |
| 35 | Surrender of children: Allows a parent or guardian who cannot care for a child because of circumstances beyond their control to surrender the child through the legal process. | Surrender is a formal legal process, not simply leaving a child at an institution. Counselling and the period to reconsider help protect the child's interests. | — |
| 36 | Inquiry: Requires the Committee to examine the child's circumstances and decide what care and protection are needed. | The inquiry helps the Committee understand the child's family situation, safety and needs before making an order. | — |
| 37 | Orders concerning a child in need of care and protection: Allows orders for restoration, placement in a children's home or fit facility, foster care, sponsorship, rehabilitation or other measures permitted by law. | The Committee selects a suitable arrangement based on the child's needs and safety. It must consider the child's best interests. | Sampurna Behura v. Union of India (2018) |
| 38 | Procedure for declaring a child legally free for adoption: Sets out the inquiry and legal steps the Committee must follow before declaring an orphaned, abandoned or surrendered child legally free for adoption. | A child cannot be placed for adoption simply because they have been found alone or brought to an institution. The required legal process must be completed first. | Shabnam Hashmi v. Union of India (2014) |
| 39 | Rehabilitation and social reintegration: Requires rehabilitation measures suited to the child's needs, including care, education, health support and other services. | Rehabilitation means helping a child recover from difficult circumstances and build a safe future. Support should match the child's situation. | Sampurna Behura v. Union of India (2018) |
| 40 | Restoration of a child in need of care and protection: Provides for returning a child to parents, guardians or family when this is safe and appropriate. | Family restoration is considered where suitable, but the child's safety and best interests must come first. | Sampurna Behura v. Union of India (2018) |
| 41 | Registration of child care institutions: Requires child care institutions covered by the Act to be registered in accordance with the law. | Registration helps authorities monitor institutions that care for children and check whether they meet legal requirements. | Sampurna Behura v. Union of India (2018) |
| 42 | Penalty for non-registration of a child care institution: Provides punishment for operating an institution covered by the Act without the required registration. | Institutions cannot avoid legal oversight by operating without registration. The rule helps protect children living in such institutions. | — |
| 43 | Open shelters: Provides for open shelters to support children who need temporary assistance, care or protection. | Open shelters can offer short-term support to children who need a safe place or help accessing services. | — |
| 44 | Foster care: Allows a child to be placed with a suitable family other than the biological family, subject to the Act and applicable rules. | Foster care provides a family setting when living with the child's own family is not possible or suitable. The child's safety and welfare must be monitored. | — |
| 45 | Sponsorship: Provides financial or other support for children and families in need, as permitted by law. | Sponsorship can help a child remain with their family or receive necessary support without entering residential care. | — |
| 46 | After-care: Provides support for eligible young people leaving child care institutions after reaching the prescribed age. | After-care helps young people move towards independent living through support such as education, skills training, accommodation or employment assistance. | — |
| 47 | Observation homes: Provides for observation homes for the temporary reception, care and rehabilitation of children alleged to be in conflict with law while an inquiry is pending. | An observation home provides temporary care during the legal process. It is not meant to function like an ordinary jail. | — |
| 48 | Special homes: Provides for special homes for the care and rehabilitation of children found to be in conflict with law and ordered to stay there by the Board. | Special homes provide services such as education, counselling and skill development to help children improve their lives and return to society. | — |
| 49 | Place of safety: Provides for a place of safety for children or persons who must be kept separately from other children under the conditions set out in the Act. | A place of safety provides care and supervision in a suitable setting. The law specifies who may be placed there and under what conditions. | — |
| 50 | Children's homes: Provides for children's homes for children in need of care and protection. | Children's homes provide residential care, protection, education and support to children who cannot safely remain with their families. | Sampurna Behura v. Union of India (2018) |
| 51 | Fit facility: Allows an institution or organisation to be recognised as suitable to take responsibility for a child for a specified purpose. | A fit facility must be considered suitable for the child's care or supervision. The child's safety and needs must guide the placement. | — |
| 52 | Fit person: Allows a suitable person to be entrusted with the care of a child after the required assessment. | A fit person is someone considered capable of providing appropriate care and protection. The person must meet the legal requirements. | — |
| 53 | Rehabilitation and reintegration services in institutions: Provides for services such as education, health care, counselling, vocational training and other support for children in institutions. | Children in residential care must receive services that support their growth and prepare them for life outside the institution. | — |
| 54 | Inspection of institutions: Provides for inspection of child care institutions to check their functioning and the care provided to children. | Inspection helps identify unsafe conditions, poor treatment or failure to provide required services. It supports accountability. | Sampurna Behura v. Union of India (2018) |
| 55 | Evaluation of institutions: Provides for evaluation of institutions and the services they provide, in accordance with the Act and applicable rules. | Evaluation helps authorities assess whether institutions are meeting children's needs and following legal requirements. | — |
| 56 | Adoption: Recognises adoption as a means of securing the right to a family for eligible children, subject to the Act and prescribed procedures. | Adoption creates a legal parent-child relationship. It must follow the required legal process and protect the child's best interests. | Shabnam Hashmi v. Union of India (2014) Laxmi Kant Pandey v. Union of India (1984) |
| 57 | Eligibility of prospective adoptive parents: Sets out conditions that prospective adoptive parents must satisfy before adopting a child. | People who wish to adopt must meet the legal conditions and be assessed as suitable to care for a child. The child's welfare is the main concern. | Laxmi Kant Pandey v. Union of India (1984) |
| 58 | Adoption of an orphan, abandoned or surrendered child by Indian prospective adoptive parents: Sets out the procedure for adoption by eligible Indian prospective adoptive parents. | The adoption process includes the required assessment, matching and legal steps. These checks help ensure that the child is placed in a suitable family. | Shabnam Hashmi v. Union of India (2014) |
| 59 | Inter-country adoption of an orphan, abandoned or surrendered child: Provides the procedure for adoption by eligible prospective adoptive parents living outside India. | Inter-country adoption must follow the legal safeguards and prescribed process. The purpose is to protect the child and prevent unlawful placement. | Laxmi Kant Pandey v. Union of India (1984) |
| 60 | Inter-country relative adoption: Provides for adoption of a child by a relative living in another country, subject to the required legal process. | Adoption by a relative abroad must still meet the legal requirements. The family relationship does not remove the need to protect the child's interests. | — |
| 61 | Adoption orders: Sets out the legal authority and procedure for issuing adoption orders. Under the 2021 amendments, the District Magistrate, including the Additional District Magistrate where authorised, performs the relevant role. | An adoption becomes legally effective through the required order. The law changed the authority responsible for issuing adoption orders. | Shabnam Hashmi v. Union of India (2014) |
| 62 | Additional procedural requirements for adoption: Provides for further requirements and checks to be followed in the adoption process. | These requirements help ensure that adoption is properly recorded and that the child's rights and welfare are protected. | — |
| 63 | Effect of adoption: Sets out the legal effect of adoption, including the child's status in the adoptive family and the rights and responsibilities created by adoption. | Once adoption takes legal effect, the child becomes the child of the adoptive parents under the law. | Shabnam Hashmi v. Union of India (2014) |
| 64 | Reporting of adoption: Requires adoption-related information and records to be reported or maintained as prescribed. | Proper records help authorities monitor the adoption process and protect the child's legal rights. | — |
| 65 | Specialised Adoption Agencies: Provides for recognition and functioning of specialised adoption agencies to carry out adoption-related duties under the Act. | These agencies help prepare eligible children for adoption and carry out the required procedures. They must follow the law and protect children. | Laxmi Kant Pandey v. Union of India (1984) |
| 66 | Adoption by persons other than specialised adoption agencies: Provides for the role of child care institutions and other authorised bodies in adoption, as permitted by law. | Adoption-related work must be carried out only through the channels and procedures allowed by the Act. This helps prevent illegal placements. | — |
| 67 | State Adoption Resource Agency: Provides for a State-level agency to coordinate, monitor and support adoption-related work. | The agency helps organise adoption services within the State and supports compliance with the legal process. | — |
| 68 | Central Adoption Resource Authority: Provides for the Central Adoption Resource Authority (CARA), which carries out adoption-related functions assigned by the Act. | CARA plays a central role in regulating and monitoring adoption, including inter-country adoption, under the law. | Laxmi Kant Pandey v. Union of India (1984) |
| 69 | Steering Committee: Provides for a committee to support coordination and oversight of adoption-related matters as specified by law. | This helps coordinate the work of authorities involved in adoption. | — |
| 70 | Powers and functions of the Authority: Sets out the powers and duties of the Central Adoption Resource Authority. | CARA performs the functions assigned by the Act to help ensure that adoption follows the legal process and protects children. | Laxmi Kant Pandey v. Union of India (1984) |
| 71 | Annual report: Requires the relevant authority to prepare an annual report as prescribed. | Annual reporting helps show the work carried out and supports official oversight. | — |
| 72 | Accounts and audit: Provides for the maintenance and audit of accounts of the relevant authority. | Audit checks whether money has been properly recorded and used. It supports financial accountability. | — |
| 73 | Other adoption-related provisions: Contains further provisions relating to adoption under the Act. | Adoption must follow the Act and the rules made under it. The applicable procedure depends on the type of adoption and the people involved. | — |
| 74 | Prohibition on disclosure of identity of children: Prohibits the disclosure of a child's name, address, school or other identifying details in reports or media, except where the law permits it. | A child's identity must be protected to reduce the risk of shame, harassment or harm. Disclosure is allowed only in situations permitted by law. | Sampurna Behura v. Union of India (2018) |
| 75 | Punishment for cruelty to a child: Punishes a person responsible for a child who assaults, abandons, abuses, exposes or wilfully neglects the child in a way that causes or is likely to cause unnecessary mental or physical suffering. | People responsible for a child must not harm or neglect them. This section provides punishment for cruelty that falls within its terms. | In Re: Exploitation of Children in Orphanages in the State of Tamil Nadu (2017) |
| 76 | Employment of a child for begging: Punishes a person who employs or uses a child for begging and provides stronger consequences where the offence involves maiming the child for that purpose. | Children must not be exploited to obtain money through begging. The law provides punishment for those who use children in this way. | — |
| 77 | Giving a child intoxicating liquor or harmful drugs: Punishes a person who gives or causes a child to be given the substances covered by the section, except as permitted for medical purposes. | Children must be protected from harmful substances. The section targets people who supply them unlawfully to children. | — |
| 78 | Using a child to supply or move harmful drugs: Punishes the use of a child for vending, carrying, supplying or smuggling intoxicating liquor, narcotic drugs or psychotropic substances. | Adults must not involve children in the illegal supply or movement of harmful substances. | — |
| 79 | Exploitation of a child employee: Punishes a person who keeps a child in bondage for employment, withholds the child's earnings or uses the earnings for their own purposes. | A child must not be forced into work or deprived of their earnings. This provision protects children from exploitation at work. | — |
| 80 | Adoption without following prescribed procedures: Punishes adoption carried out without following the procedure required by the Act. | A person cannot bypass the legal adoption process. The rules help prevent unlawful placements and child trafficking. | Laxmi Kant Pandey v. Union of India (1984) |
| 81 | Sale and procurement of children: Punishes the sale or purchase of children for any purpose, subject to the terms of the section. | Children cannot be treated as goods to be bought or sold. The section aims to prevent the sale and unlawful transfer of children. | Bachpan Bachao Andolan v. Union of India (2011) |
| 82 | Corporal punishment: Prohibits and punishes physical punishment of children by staff of child care institutions and provides for stronger action in repeated cases. | Staff must not use physical punishment to control children in institutions. The law protects children from violence and harmful treatment. | Sampurna Behura v. Union of India (2018) |
| 83 | Use of a child by a militant group or other adults: Punishes the use or recruitment of a child by militant groups or adults for illegal activities covered by the section. | Adults and groups must not exploit children to carry out unlawful acts. The provision aims to protect children from such use. | — |
| 84 | Kidnapping and abduction of a child: Applies the relevant legal provisions on kidnapping and abduction to the circumstances covered by the section. | A child must not be unlawfully taken away or moved from the lawful care of another person. | — |
| 85 | Offences against disabled children: Provides stronger punishment for specified offences against children with disabilities. | Children with disabilities may need additional protection. The law provides stronger consequences for the offences covered by this section. | — |
| 86 | Classification of offences: Classifies offences under the Act according to their seriousness and provides rules on whether they are cognizable or non-cognizable and bailable or non-bailable, as well as the court that tries them. | This section helps determine how an offence is handled and which court has authority to try it. | — |
| 87 | Abetment: Provides punishment for a person who helps or encourages an offence under the Act when the offence is committed as a result. | A person may face punishment not only for committing an offence but also for knowingly helping or encouraging it. | — |
| 88 | Alternative punishment: Provides for punishment under the Act or another applicable law where the same act is an offence under both, subject to the section's conditions. | This provision helps determine which punishment applies when the same conduct falls under more than one law. | — |
| 89 | Offence committed by a child under this Chapter: Provides for dealing with offences committed by a child in accordance with the Act's juvenile justice procedures. | A child alleged to have committed an offence must be dealt with under the applicable child-specific legal process. | — |
| 94 | Presumption and determination of age: Sets out how the age of a person who appears to be a child is to be determined, including the documents and medical assessment that may be considered. | Age can decide whether juvenile justice law applies. The authority must use the evidence and procedure prescribed by the Act. | Pratap Singh v. State of Jharkhand (2005) Jarnail Singh v. State of Haryana (2013) |
| 101 | Appeals: Provides a right to appeal certain orders made under the Act to the authority specified in the section, subject to exceptions and time limits. | An appeal allows a higher authority to review a decision. Only orders covered by the law can be appealed under this section. | — |
| 102 | Revision: Allows the High Court to examine the legality or correctness of certain orders or proceedings under the Act. | Revision allows the High Court to check whether the lower authority acted according to law. It is different from an ordinary appeal. | — |
| 103 | Procedure in inquiries, appeals and revision proceedings: Provides the procedure to be followed in proceedings under the Act where specific rules are not otherwise provided. | Authorities must follow the required legal procedure when examining cases and reviewing decisions. | — |
| 104 | Power to amend orders: Allows the Committee or the Board to amend its own orders in the circumstances permitted by the Act. | This power allows correction or change of an order where the law permits it. It must be used within the limits set by the Act. | — |
| 105 | Juvenile Justice Fund: Provides for a fund to support the purposes specified under the Act. | The fund helps support activities related to child care, protection and rehabilitation as permitted by law. | — |
| 106 | State Child Protection Society and District Child Protection Unit: Provides for child protection bodies to support implementation of the Act. | These bodies help coordinate child protection services and support the authorities responsible for children. | Sampurna Behura v. Union of India (2018) |
| 107 | Child Welfare Police Officer and Special Juvenile Police Unit: Provides for designated police officers and special units to handle matters involving children under the Act. | Police dealing with children must follow child-friendly procedures and safeguards. Specialised officers help ensure that children are treated appropriately. | Sheela Barse v. Union of India (1986) |
| 108 | Public awareness: Requires measures to spread awareness about the Act and its provisions. | Public awareness helps people understand children's rights, protection services and the legal steps to take when a child needs help. | — |
| 109 | Monitoring of implementation: Provides for monitoring the implementation of the Act by the authorities specified in the law. | Monitoring helps identify gaps in the system and supports better implementation of child protection and juvenile justice measures. | Sampurna Behura v. Union of India (2018) |
| 110 | Power to make rules: Allows the appropriate government to make rules for carrying out the purposes of the Act. | Rules provide practical details on how the Act must be implemented. They must remain consistent with the Act. | — |
| 111 | Repeal and savings: Repeals the earlier Juvenile Justice Act, 2000, while preserving matters covered by the savings provisions. | This section replaces the earlier law with the 2015 Act while explaining how certain existing matters are treated. | — |
| 112 | Power to remove difficulties: Allows the Central Government to make orders to remove difficulties in implementing the Act, subject to the limits and time period stated in the section. | This provision helps address difficulties that arise when putting the Act into practice. It cannot be used to disregard the Act's legal limits. | — |