Juvenile Justice Board under the Juvenile Justice Act, 2015

Introduction

The Juvenile Justice Board (JJB) is a legal body established under the Juvenile Justice (Care and Protection of Children) Act, 2015, to deal with children who are alleged or found to have committed an offence. It follows a child-friendly approach and focuses on the child's care, rehabilitation and return to society rather than punishment alone.

Meaning and Definition

A Juvenile Justice Board (JJB) is a body constituted under Section 4 of the Juvenile Justice Act, 2015, to handle matters involving a child in conflict with law.

Under Section 2(13), a child in conflict with law means a child who is alleged or found to have committed an offence and who had not completed 18 years of age on the date the offence was committed.

The State Government establishes one or more Juvenile Justice Boards for each district. The Board conducts inquiries and decides what measures are appropriate for the child, taking into account the child's circumstances, needs and welfare.

Constitution and Composition of the Juvenile Justice Board

Section 4 of the Juvenile Justice Act, 2015, deals with the establishment and composition of the Board.

Composition of the Board

The Board consists of the following members:

• Principal Magistrate: A Metropolitan Magistrate or Judicial Magistrate First Class, who is not a Chief Metropolitan Magistrate or Chief Judicial Magistrate.
• Two social worker members: At least one of these members must be a woman.

The Magistrate and the two social workers together form the Board.

Qualifications of Members

Principal Magistrate

The Magistrate must have at least three years of experience.

Social worker members

A social worker member must satisfy either of the following conditions:

• Have been actively involved in health, education or welfare activities relating to children for at least seven years; or
• Be a practising professional with a degree in child psychology, psychiatry, sociology or law.

These qualifications help ensure that the Board has both legal knowledge and an understanding of children's needs.

Eligibility Criteria for Members

Section 4(4) of the Act specifies circumstances in which a person cannot be selected as a member of the Juvenile Justice Board.

A person is not eligible if they:

• Have a past record of violating human rights or child rights.
• Have been convicted of an offence involving moral wrongdoing, and the conviction has not been reversed or the person has not received a pardon.
• Have been removed or dismissed from service by the Central Government, a State Government, or an undertaking or corporation owned or controlled by either government.
• Have been involved in child abuse, child labour, any other violation of human rights, or an immoral act.

These restrictions help ensure that Board members are suitable to deal with children and protect their rights and welfare.

Powers of the Juvenile Justice Board

The Juvenile Justice Board has powers to conduct inquiries and pass appropriate orders in matters involving children in conflict with law.

Under Section 8 of the Juvenile Justice Act, 2015, the Board exercises the powers and performs the functions assigned to it by the Act. The Magistrate who is part of the Board also has the relevant judicial authority provided by law.

The Board must follow the child-friendly procedures and safeguards prescribed by the Act. Its decisions should consider the child's circumstances, needs, welfare and prospects of rehabilitation.

Functions of the Juvenile Justice Board

The main function of the Board is to deal with children alleged or found to be in conflict with law. It considers the nature of the offence, the child's need for supervision or support, the circumstances described in the social investigation report, and the child's past conduct.

Depending on the case, the Board may pass the following orders.

Advice or Admonition

The Board may allow the child to go home after giving advice or a warning. It may also arrange counselling for the child and the child's parents or guardian.

This approach is suitable where guidance and support may help the child understand the consequences of the conduct and avoid repeating it.

Group Counselling

The Board may direct the child to take part in group counselling or similar activities.

These activities can help the child understand the effect of their actions, develop better behaviour and learn to make responsible decisions.

Community Service

The Board may order the child to perform community service under the supervision of an organisation, institution or person identified by the Board.

Community service allows the child to contribute positively to society while learning responsibility.

Payment of Fine

The Board may order the child or the child's parents or guardian to pay a fine, as permitted by law.

If the child is working, the Board must ensure that the applicable labour laws are not violated.

Release on Probation under the Care of a Parent, Guardian or Fit Person

The Board may release the child on probation for good behaviour and place the child under the care of a parent, guardian or fit person.

The parent, guardian or fit person may be required to sign a bond, with or without surety (a promise supported by a person or security, where required), to ensure the child's good behaviour and well-being.

The period of probation under this order may not exceed three years.

Release on Probation under the Supervision of a Fit Facility

The Board may release the child on probation and place the child under the care and supervision of a fit facility.

A fit facility is an approved facility considered suitable to provide the required care and supervision. The purpose is to support the child's good behaviour and well-being.

The period under this order may not exceed three years.

Placement in a Special Home

The Board may direct the child to be placed in a special home for a period it considers appropriate, subject to the maximum period permitted by law.

The period of placement under this order may not exceed three years. During the child's stay, the special home may provide reformative services such as:

• Education
• Skill development
• Counselling
• Behaviour modification therapy
• Psychiatric support

The aim is to help the child develop skills, address behavioural difficulties and prepare for a better return to society.

Factors Considered by the Board

Before deciding what order to pass, the Board considers relevant information about the child and the case, including:

• The nature and seriousness of the alleged offence.
• The child's need for supervision, care or intervention.
• The circumstances described in the social investigation report.
• The child's past conduct.
• The child's welfare and rehabilitation needs.

The Board should choose an appropriate measure in accordance with the Act, rather than treating every child in the same way.

Difference Between the Juvenile Justice Board and the Child Welfare Committee

Practical Example

A 16-year-old child is alleged to have stolen goods from a shop. The child is produced before the Juvenile Justice Board.

The Board examines the circumstances of the case, considers the child's background and needs, and reviews the relevant social investigation report. Depending on the facts and the applicable law, it may direct counselling, community service, release on probation or another suitable measure.

The purpose is to respond appropriately to the conduct while supporting the child's rehabilitation and helping prevent further offending.

Summary

• The Juvenile Justice Board is established under Section 4 of the Juvenile Justice Act, 2015.
• It deals with children in conflict with law who were below 18 years of age when the alleged offence was committed.
• The Board consists of a Principal Magistrate and two social worker members, at least one of whom must be a woman.
• Section 4(4) sets out conditions that make a person ineligible for appointment as a member.
• The Board considers the nature of the offence, the child's circumstances, the social investigation report and the child's needs.
• Its orders may include advice, counselling, community service, a fine, probation or placement in a special home, as permitted by law.
• The main aim is to promote the child's welfare, rehabilitation and reintegration into society.