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Frequently Asked Questions under JJ Act, 2015

Key Definitions: –

  1. Who is a child under Juvenile Justice (Care and Protection of Children) Act, 2015?

A child is defined under Section 2(12) of the Act as a person who has not completed eighteen years of age.

  1. When does a child come under purview of the Act?

The Act recognises two kinds of Children, one who has committed some offence (Child in Conflict with Law) and one who is a victim of crime or circumstances (Child in Need of Care and Protection).

  • A Child in Conflict with Law (CCL) is defined under section 2(13) of the Act as a child who is alleged or found to have committed an offence and who has not completed eighteen years of age on the date of commission of offence.
  • A Child in Need of Care and Protection(CNCP) is defined under section 2(14) of the Act as a child who is:
  • Without any home or settled place of abode or ostensible means of subsistence
  • Found working in contravention of labour Laws or begging or living on street
  • Residing with a person who has injured, exploited or abused or threatened to do so or killed, abused, neglected or exploited some other child
  • Mentally ill or physically challenged having no one to support him.
  • Parent or guardian unfit or incapacitated
  • Orphan or abandoned child or surrendered child
  • Missing or run-away child or whose parents cannot be found
  • Child who is likely to be abused, tortured or exploited for the purpose of sexual abuse or illegal acts
  • Child who is found vulnerable or likely to be inducted into drug abuse or trafficking
  • Child who is likely to be abused for unconscionable gains
  • Victim of armed Conflict, civil unrest or natural calamity
  • Child who is at imminent risk of marriage

The Act and JJ Model Rules, 2016 recognise that a CCL can also be a CNCP in the following provisions:

• Section 8(3)(g): The JJB can transfer to CWC, matters concerning CCL,stated to be in Need of Care and Protection “at any stage”, there by recognising that CCL can also be CNCP simultaneously, and there is Need for CWC and JJB to be both involved.

• Section 17(2): If child is not found to have committed any offence and is in Need of Care and Protection, the JJB can refer the child to the CWC with appropriate directions.

• Rule 9(3), JJ Model Rules, 2016: A child who has been used by militant groups or other adults for illegal activities may be transferred to CWC after due inquiry, as a child in Need of Care and Protection.

• Rule 57(2), JJ Model Rules, 2016: A child alleged to have committed an offence under Section 78 (using a child for vending, peddling, carrying,supplying or smuggling any intoxicating liquor, narcotic drug orpsychotropic substance) can be transferred to the CWC by the JJB, if the child is Need of Care and Protection.

  1. What is the classification of offences under the Act?

The Act recognises three types of offences:

Petty offences– Section 2(45)- offences for which the maximum punishment under the Indian Penal Code (45 of 1860) or any other Law for the time being in force is imprisonment upto three years

Serious offences-Section 2(54) – offences for which the maximum punishment under the Indian Penal Code (45 of 1860) or any other Law for the time being in force is imprisonment between three to seven years

Heinous offences-Section 2(33) – offences for which the minimum punishment under the Indian Penal Code (45 of 1860) or any other Law for the time being in force is imprisonment for seven years or more.

Authorities/Functionaries responsible and relevant for CCL: –

  1. What is Juvenile Justice Board (JJB)?

This is a judicial body before which Child in Conflict with Law (CCL) is brought. This acts as a separate court for CCLs since they are not to be taken to a regular criminal court. The Board comprises of a Principal Magistrate and two Social Workers, one of whom at least should be a woman. 

  1. What is the tenure of JJB Members?

Not more than 3 years from the date of appointment. However, they are eligible for re-appointment for a maximum of two terms which should not be continuous.

  1. What does JJB do?
  • Conducts proceedings related to CCLs.
  • decide bail
  • Conducts preliminary assessment
  • Inquiry into the CCL’s involvement into commission of offence.
  • Take decisions regarding rehabilitation and social-reintegration of CCLs.
  • Pass orders for re-admission of CCL in school when his/her name is struck off because of the inquiry pending before JJB.
  • Pass orders for continuation of his studies, if disallowed because of the inquiry pending before JJB or because of his stay in Observation Home.
  • Conducts monthly inspections of Observation Home
  • Orders police to register FIR for commission of offences against CCLs or on a written complaint received from Child Welfare Committee.
  1. What is Children’s Court?

Children’s Court is a Court established under the Commission for Protection of Child Rights Act, 2005 or a Special Court under the Protection of Children from Sexual Offences Act, 2012, wherever existing and where such courts have not been designated, the Court of Sessions having jurisdiction to try offences under the Act.

  1. Can a Child in Conflict with Law be transferred to Children’s Court?

As per the mandate of section 15 of the Act, the JJB conducts preliminary assessment where a CCL, between 16 years to 18 years of age, is alleged to have committed a heinous offence and it may transfer him to Children’s Court for trial as an adult.

  1. What do we mean by SJPU or CWPO?
  • To deal with CCL or CNCP, the Act creates a Special Unit of Police which is known as Special Juvenile Police Unit (SJPU).
  • SJPU is headed by a police officer not below the rank of a Deputy Superintendent of Police or above and includes Child Welfare Police Officer (CWPO i.e. an officer not below the rank of Assistant Sub-Inspector, [Section 2(18)], two social workers having experience of working in the field of Child Welfare, of whom one shall be a woman and Railway Police dealing with Children [Section 2(55) r/w Section 107)].
  1. What is the role and duties of SJPU?
  • The police officer shall be in plain clothes and not in uniform and for dealing with girl child, woman police personnel shall be engaged; they have to be polite and soft; they have to maintain dignity and self-esteem of the child.
  • Where questions that may lead to discomfort of the child are to be asked, such questions shall be asked in tactful manner.
  • No accused or suspected accused shall be brought in contact with the child and where the victim and the person in Conflict with Law are both Children, they shall not be brought in contact with each other.
  • SJPU or CWPO shall prepare Social Background Report in FORM -1 and forward to Board on First hearing.
  • They have to ensure that no child is to be kept in police lock-up.
  • Every SJPU shall have list of the Board and Child Welfare Committee in its due jurisdiction, their place of sitting, hours of sitting, names and contact details of Principal Magistrate and Members of the Board, names and contact details of Chairperson and Members of the Committee and the procedures to be followed before the Board and the Committee
  • The names and contact details of the SJPU or CWPO shall be placed at a conspicuous part at the police stations, Child Care Institutions, Committees, Boards and the Children’s Courts.
  • SJPU shall work in close co-ordination with the District Child Protection Unit, the Board and the Committee in the matters concerning the welfare of Children within its jurisdiction.
  • The Special Juvenile Police Unit may coordinate with the District Legal Services Authority to provide legal aid to Children.
  1. What is Social Background Report and who prepares it?

It is a report prepared by SJPU or CWPO at the time of apprehension of a child reflecting social economic condition of the child.

  1. What is Social Investigation Report and who prepares it?
  • It is a report which includes information regarding the antecedents; family background and other material circumstances in which the offence was committed
  • It is of assistance to JJBs to take decision in best interest of the CCL.
  • It is generally prepared by Probation Officer and if he is not available, then by Child Welfare Officer/ Social Worker.
  • It has to be prepared within 15 days from the date of first production of the CCL before JJB.

Apprehension of CCL and Procedure: –

  1. When can a CCL be apprehended by Police?
  • A CCL can be apprehended only in respect of heinous offences.
  • A child alleged to have committed a petty or serious offence should not be apprehended, unless it is in the child’s best interest.
  • The Police can also apprehend Children who have run away from an institution where they were placed under the JJ Act (Section 26 of JJ Act 2015), such as an Observation Home (Section 47 of JJ Act 2015), Special Home or Place of Safety (Section 49 of JJ Act 2015).
  1. What are the rights of a CCL who is being apprehended?
  • As soon as a CCL is apprehended by the police, he shall be placed under the charge of SJPU or CWPO.
  • He shall be produced within twenty-four hours before the JJB excluding the time necessary for the journey.
  • Under no circumstance, he can be placed in a police lockup or lodged in jail.
  • On apprehension, police shall inform his parent or guardian and the Probation Officer and if no Probation Officer is available, then CWPO for preparation and submission of Social Investigation Report within two weeks to the Board.
  • He should also not be handcuffed, chained, or otherwise fettered and no coercion or force should be used on him.
  1. Will the person be sent to jail if at the time of apprehension, he is above 18 years of age but he/she was below 18 years at the time of commission of offence?

No. Such a person will also be treated like a CCL and he will be kept in Place of Safety, if he is not released on bail.

  1. Is the CCL entitled to legal aid?
  • Yes. SJPU are duty bound to inform the DLSA, so that free legal aid can be provided to the CCL immediately.
  • Also, in every JJB, there are empanelled Legal Aid Counsels available for aid and assistance of CCLs and their contact numbers are also available in the Board.
  1. Can a CCL get the copy of FIR or DD entry registered against him?

Yes. It is the duty of SJPU to inform the CCL promptly and directly of the charges against him, through the parent or guardian and provides a copy of the FIR, ifregistered, or a copy of the police report.

  1. Can the police interrogate a CCL?
  • CCL can be interviewed only by the SJPU or at a child-friendly premise or child friendly corner in the police station, which does not “give the feel of a police station or of being under custodial interrogation.”
  • The parent or guardian of the CCL can be present during the interview of the child.
  • CCL cannot be compelled to confess guilt.
  1. Can a CCL be detained in jail or police lock up prior to production before a JJB?

No. A child should be kept in the Observation Home or a fit facility till the child is produced before the JJB.

  1. What can be done if a CCL is subjected to ill-treatment by police or any other person, including an advocate or Probation Officer?

JJB can be informed about the same and it can take necessary action.

  1. Where shall a CCL be produced if the JJB is not sitting?

If JJB does not have its sitting on account of a holiday or after working hours, the CCL can be produced at the residence of a member of the JJB. One JJB member should always be accessible in case of emergency to provide instructions to the SJPU or local police.

  1. Is FIR registered against CCLs in all the cases?

No. FIR is registered only in heinous offences or in cases, where offence has been allegedly committed by a child jointly with adults. In all other cases, information is recorded in General daily diary and forwarded to the Board.

Bail

  1. When can a child be released on bail?

Bail is a matter of right of CCL irrespective of whether the offence alleged is bailable or not. Section 12(1) of the Act entitles the child to be released on bail “with or without surety”.

  1. When can a CCL be denied bail?

Bail can be denied only if there are reasonable grounds to believe that: – (a) the release will bring the persons into association with any known criminal or (b) expose the person to moral, physical, or psychological danger or (c) CCLs release would defeat the ends.

Interaction with CCL & his parents/guardian; Social Background Report prepared by SJPU, Social Investigation Report prepared by the Probation Officer are vital for the JJB to decide the bail of the CCL as it helps in taking decision regarding rehabilitation; social re-integration, and best interest of the CCL.

  1. Can the bail be denied to CCL merely on the basis of gravity of offence?

No.

  1. Can the bail conditions imposed by JJB be modified?

Yes, as per section 12(4) of the Act.

  1. Can the CCL be released on furnishing of his own personal bonds?

Yes, as per Rule 11 (7) of JJ Model Rules, 2016 (Form 9).

  1. Is Form 45 of Cr. P.C to be furnished by the Parents/Guardian or Surety?

No. Bond/Undertaking (Form 8) provided in Act is required to be furnished.

  1. Where are the CCLs kept when the bail is denied or while they are under the protective custody of JJB?
  • The Act provides for different residential facilities for Children in Conflict with Law or Children in Need of Care and Protection.
  • The Act provides for Observation Homes (Section 47), special home (Section 48) and place of safety (Section 49) for Children in Conflict with Law.
  • For Children in Need of Care and Protection, there are Children’s Homes (Section 50) and Specialized Adoption Agency (Section 65). There are also provisions for declaring any institution as fit facility (Section 51) or a person as fit person (Section 52) for keeping the child in protective custody. The Act also provides for foster Care (Section 44) and open Shelters (Section 43).
  1. Where are the Observation Homes, Special Home and Place of Safety in Delhi where CCLs are kept in protective custody?
  • Observation Home for Boys – I, Delhi Gate where CCLs from up to 16 years of age are kept.
  • Observation Home for Boys – II, Sewa Kutir, Kingsway Camp where CCLs between age of 16-18 years are kept.
  • Place of Safety, Majnu ka Tilla where CCLs between age of 16-18 years and are facing inquiry of having committed heinous offence as well as CCL between 18-21 years of age are kept.
  • Special Home, Majnu ka Tilla where CCLs who have been found involved for committing offence are kept.
  • SPYM, Sewa Kutir, Kingsway Camp where CCLs who are drug addicts are kept for de-addiction treatment.
  • Observation Home for Girls, Nirmal Chayya, Complex, Jail Road where a girl CCL is kept.

Fundamental Principles under the Act: –

  1. What are the Principles guiding the Act?

The principles which form the basis of entire juvenile justice system are mentioned in Section 3 of the Act as:

(i) Principle of presumption of innocence

(ii) Principle of dignity and worth

(iii) Principle of participation

(iv) Principle of best interest

(v) Principle of family responsibility

(vi) Principle of safety

(vii) Positive measures

(viii) Principle of non-stigmatizing semantics

(ix) Principle of non-waiver of rights

(x) Principle of equality and non-discrimination

(xi) Principle of right to privacy and confidentiality

(xii) Principle of institutionalization as a measure of last resort

(xiii) Principle of repatriation and restoration

(xiv) Principle of fresh start

(xv) Principle of diversion

(xvi) Principles of natural justice

  1. Can a CCL be disqualified for anything merely on the ground that he was convicted or found involved by the JJB for commission of offence?

No. Section 24 of the Act states that irrespective of anything contained in any other Law for the time being in force, a child who has committed an offence and has been dealt with under the provisions of the JJ Act shall not suffer disqualification, if any, attached to a conviction of an offence under such Law – has been provided for in pursuance to this principle.

  1. Is there any requirement of destruction of police and judicial records of conviction of a child?

Yes. The JJB should direct the police and the Children’s Court should direct its registry to destroy records of conviction after the expiry of the appeal or after seven years. However, the records of a child found to be in Conflict with the Law by the Children’s Court after a trial as an adult should be retained. The records of only those Children who are not tried as an adult by the Children’s Court should be destroyed.

  1. Can a Child in Conflict with Law sentenced to death or life imprisonment?

No. No child in Conflict with Law shall be sentenced to death or for life imprisonment without the possibility of release, for any such offence, either under the provisions of this Act or under the provisions of the Indian Penal Code or any other Law for the time being in force.

Age Enquiry under the Act:

  1. How is the age enquiry of child conducted?
  • The age enquiry is conducted as per Section 94 of the Act.
  • Primarily the age can be determined on the basis of appearance of child.
  • In case the age cannot be so determined, the Act provides that the age is to be determined, firstly on the basis of date of birth as mentioned in school certificates/ matriculation certificates/ equivalent certificates from concerned examination Board.
  • If such certificates are not available, then on the basis of birth certificate given by Corporation or Municipal Authority or Panchayat.
  • If the Municipal record is also not available, then the age is determined by ossification test or any other latest medical age determination test conducted by orders of the Committee or the Board. Such medical test has to be concluded within fifteen days of the order.
  1. Can a person waive of his right to claim juvenility?

No. Section 3 (ix) of the Act provides that no waiver of rights of the child or Juvenile in Conflict with Law, whether by himself or the competent authority or anyone acting or claiming to act on behalf of the juvenile or child, is either permissible or valid.

  1. Can a person claim juvenility after he has been convicted or sentenced by a criminal court?

Yes, a claim of juvenility can be raised at any stage and even after the final disposal of the case as per section 9 (2) of the Act.

Time Duration for Conducting Inquiry before JJB

  1. What is the maximum time limit for conducting inquiry by Juvenile Justice Board?

The inquiry shall be completed within a period of four months from the date of first production of the child before the Board, unless the period is extended, for a maximum period of two more months by the Board, having regard to the circumstances of the case and after recording the reasons in writing for such extension.

  1. What happens is the inquiry is not concluded within the said time period?

If inquiry for petty offences remains inconclusive even after the extended period, the proceedings shall stand terminated: Provided that for serious or heinous offences, in case the Board requires further extension of time for completion of inquiry, the same shall be granted by the Chief Metropolitan Magistrate, for reasons to be recorded in writing.

  1. What is the procedure followed by JJB while conducting inquiry in petty, serious and heinous offences?
  • The Act provides that Petty offences shall be disposed of by the Board through summary proceedings, as per the procedure prescribed under the Code of Criminal Procedure, 1973.
  • Serious offences and heinous offences, where child was below the age of 16 years on the date of offence, shall be disposed of by the Board, by following the procedure, for trial in summons cases under the Code of Criminal Procedure, 1973
  • Inquiry of heinous offences for child above the age of sixteen years as on the date of commission of an offence shall be dealt with in the manner prescribed under Section 15.

Preliminary Assessment

  1. What is Preliminary Assessment?
  • Preliminary assessment is conducted by JJB to decide whether the child should be transferred to the Children’s Court for trial of the child as an adult or not.
  • It is provided in Section 15 of the Act which states that in case of a heinous offence alleged to have been committed by a child, who has completed or is above the age of sixteen years, the Board shall conduct a preliminary assessment with regard to his mental and physical capacity to commit such offence, ability to understand the consequences of the offence and the circumstances in which he allegedly committed the offence, and may pass an order in accordance with the provisions of subsection (3) of section 18.
  1. Does the CCL have the right of presumption of innocence when the Board conducts his preliminary assessment?

Yes. The presumption of innocence in favour of CCL as provided in Rule 10A (3) of JJ Model Rules, 2016.

  1. What is the maximum time limit for conducting preliminary assessment by Juvenile Justice Board?

A preliminary assessment in case of heinous offences under section 15 shall be disposed of by the Board within a period of three months from the date of first production of the child before the Board

  1. Where shall appeal lie against the order of JJB after the completion of preliminary assessment?

Before Sessions Court and not before Children’s Court as per section 101(2) of the Act.

  1. Is there any difference between Children’s Court or Sessions Court?

While Children’s Court may be designated Sessions Court but all Sessions Courts are not Children’s Courts.

Order passed when the CCL is not found involved for the commission of offence

  1. What happens when a child is not found to be in Conflict with Law after completion of enquiry?

If a child is not found to be in Conflict with Law, he is released from the case and his custody is handed over to his parents or guardians. In case the child has no parent or guardian, he can be declared to be a child in Need of Care and Protection and matter may be referred to the concerned Child Welfare Committee.

Orders passed when the CCL is found involved for commission of offence:

  1. What kind of orders can be passed by the JJB when a CCL is found involved for the commission of offence?

Following orders can be passed as per Section 18(1) of the Act :

  • Advice or Admonition: allow the child to go home after advice or admonitionby following appropriate inquiry and counselling to such child and to his parents or the guardian
  • Counseling: direct the child to participate in group counselling and similar activities
  • Community service: order the child to perform community service under the supervision of an organization or institution, or a specified person, persons or group of persons identified by the Board (The child should be more than 14 years for community service)
  • Fine: order the child or parents or the guardian of the child to pay fine. In case, the child is working, it may be ensured that the provisions of any labour Law for the time being in force are not violated.
  • Probation: direct the child to be released on probation of good conduct for a period not exceeding three years.
  • Special Home: direct the child to be sent to a Special Home, for such period, not exceeding three years, as it thinks fit, for providing reformative services including education, skill development, counseling, behavior modification therapy, and psychiatric support during the period of stay in the special home.

If the conduct and behavior of the child has been such that, it would not be in the child’s interest, or in the interest of other Children housed in a special home, the Board may send such child to the place of safety.

  • Additionally, the Board may pass orders to require the CCL to – (i) attend school; or (ii) attend a vocational training centre; or (iii) attend a therapeutic centre; or (iv) prohibit the child from visiting, frequenting or appearing at a specified place; or (v) undergo a de-addiction programme.
  1. Can the JJB pass final order in the absence of any member?

Interim orders can be passed if a Member is absent but for final disposal of case or when the decision to transfer a child to the Children’s Court for trial as an adult is made at least one Member Social Worker and the Principal Magistrate should be present.

  1. What happens when there is a difference of opinion in the JJB?

The majority opinion will prevail when there is a difference of opinion. Where there is no majority opinion, then the opinion of the Principal Magistrate will prevail.

  1. Whose contact information should be displayed in every police station?

CWPOs, CWOs, PO, District Legal Services Authorities, details of Principal Magistrate and social worker members of the Board, members of SJPU and Childline Services should be prominently displayed in every police station.

  1. What if a Child turns major during the pendency of enquiry?
    As per section 5 of the Act, the inquiry can be continued by the Board and orders may be passed in respect of such person as if such person had continued to be a child. If such person is not released on bail, he shall be placed in a Place of Safety during the process of inquiry.
  1. What is the time limit for filing Police Investigation Report before JJB?

As per Rule 10 (6) of JJ Model Rules, 2016, in cases of petty or serious offences, the final report shall be filed before the Board at the earliest and in any case not beyond the periodof two months from the date of information to the police, except in those cases where it was not reasonably known that the person involved in the offence was a child, in which case extension of time may be granted by the Board for filing the final report.

  1. What happens when a CCL stops appearing before the Board?

When the child alleged to be in Conflict with Law, after being admitted to bail, fails to appear before the Board, on the date fixed for hearing the Board shall, issue to the Child Welfare Police Officer and the Person-in-charge of the Police Station directions for the production of the child. (OPJ)

If CWPO fails to produce the Child before the Board then proceed as per Section 26 of the Act.

  1. Can a CCL be declared proclaimed offender or absconder? Can the process under section 82 of Cr. P.C be issued against him?

No.Proceedings under Section 82 Cr. P.C or Section 174 or 174 A IPC cannot be initiated against him.

  1. Under what circumstances can a child be granted leave of absence from the Home?

On account of special occasions like exams, marriage of relatives, death of kith or kin or accident or serious illness of parent or any emergency of like naturefor a period generally not exceeding seven days in one instance. (Section 98).

  1. Whether the contents of reports of child can be disclosed to any person?

All reports related to the child and considered by the Committee or the Board shall be treated as confidential. However, the Committee or the Board, as the case may be, may, if it so thinks fit, communicate the substance there of to another Committee or Board or to the child or to the child’s parent or guardian, and may give such Committee or the Board or the child or parent or guardian, an opportunity of producing evidence as may be relevant to the matter stated in the report.

  1. Can the victim be denied access to case records of CCL?

The victim cannot be denied access to the case record, orders and relevant papers.

  1. Can the identity of child be disclosed?

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, involved in such matter, under any other Law for the time being in force

No picture of Child is to be published except when disclosure is in the best interest of the child.

The Police shall not disclose any record of the child for the purpose of character certificate or otherwise in cases where the case has been closed or disposed of.

If disclosed by any person, he shall be liable to imprisonment for a term which may extend to six months or fine which may extend to two lakh rupees or both.

  1. What are the provisions of appeal under the Act?
  • Section 101 of the Act.
  • All appeals against JJB’s orders, except appeal against order after preliminary assessment, are filed in Children’s Court.
  • All appeals against CWC’s orders, except those related to foster Care, sponsorship and after Care, are also filed in Children’s Court.
  • Appeals against the orders of the CWC on foster Care, sponsorship and after Care are filed before District Magistrate.
  • Time period for filing appeal is 30 days and if sufficient cause for delay is shown, such appeal shall be decided within a period of thirty days.
  • No appeal shall lie from any order of acquittal except in heinous offence by a child who has completed or is above the age of sixteen years.
  1. Who reviews the work/pendency of JJBs?

Chief Metropolitan Magistrate and District Judge on quarterly basis and by a High-Level Committee on a half yearly basis.

  1. How does JJB maintain child friendly atmosphere in the Board?
  • Face to face interaction with the child.
  • Members do not sit of a raised platform.
  • There is no barrier like a witness box or bars between the JJB and the child.
  • Simple procedure is followed while conducting proceedings and focus is on interaction with the child and his parents.
  1. When can a Revision be filed under JJ Act?

Section 102 of the Act states that the High Court may, at any time, either on its own motion or on an application received in this behalf, call for the record of any proceeding in which any Committee or Board or Children’s Court, or Court has passed an order, for the purpose of satisfying itself as to the legality or propriety of any such order and may pass such order in relation thereto as it thinks fit: Provided that the High Court shall not pass an order under this section pre judicial to any person without giving him a reasonable opportunity of being heard.

  1. Whether the orders of Committee or Board can be amended?

The Board may, on an application received in this behalf, amend any order passed by itself, as to the institution to which a child is to be sent or as to the person under who’s Care or supervision a child is to be placed under this Act

Clerical mistakes in orders passed by the Committee or the Board or errors arising therein from any accidental slip or mission may, at any time, be corrected by the Committee or the Board, as the case may be, either on its own motion or on an application received in this behalf.

  1. Can a CCL be tried jointly with an adult co-offender in the same case by JJB or Children’s court?

No, as per section 23 (1) of the Act.

  1. Is the child entitled to travel Reimbursement for attending the proceedings of the JJB?

Yes, as per section 91(1) and the payment can be made by JJB or DCPU concerned.

  1. What is District Child Protection Unit?

It is a body appointed by State Government under Section 106 of the Act and it is the focal point to ensure the implementation of this Act and other child Protection measures in the district.

  1. What is the procedure when a CNCP is identified?

As soon as CNCP is found, taken charge of, handed over or appears before any person, information is to be given to Child line services or nearest police station or to CWC or to DCPU or be handed over to child Care institute. If the child seems to be missing, information is to be uploaded on portal as specified by Central Government (trackthemissingchild.gov.in). If any person fails to report about the child in Need of Care and Protection, the same is an offence punishable with imprisonment up to six months or fine of ten thousand rupees or both (Section. 33 and 34)

  1. What is Child Welfare Committee?

The State Governments set up these Committees in districts in accordance with the provisions of the Act. The Committees have the power to dispose of cases for the care, protection, treatment, development and rehabilitation of the Children in Need of Care and Protection, as well as to provide for their basic Needs and Protection. The Committee consists of One Chairperson and four members and functions as a Bench with powers of Metropolitan Magistrate.

  1. What are the proceedings before Child Welfare Committee?

On production of a child or receipt of a report Committee may pass an order to send the child to the Children’s home or a fit facility or fit person, and for speedy social investigation by a social worker or Child Welfare Officer or Child Welfare Police Officer

Provided that all Children below six years of age, who are orphan, surrendered or appear to be abandoned shall be placed in a Specialized Adoption Agency, where available

Social investigation shall be completed within fifteen days and final order to be passed by Committee within four months of first production of the child: Provided that for orphan, abandoned or surrendered Children, the time for completion of inquiry shall be as specified in section 38.