The Juvenile Justice (Care and Protection of Children) Act, 2015

THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN)
ACT, 2015
INTRODUCTION
The Juvenile Justice (Care and Protection of Children) Act, 2015, is a landmark
legislation in India that seeks to provide for the care, protection, treatment,
development, and rehabilitation of children in conflict with the law or children in
need of care and protection.
The Act replaces its predecessor, the Juvenile Justice (Care and Protection of
Children) Act, 2000, aiming to address the loopholes and shortcomings of the
earlier law, thereby providing a more robust, child-friendly legal framework.
The drafting and eventual enactment of the Juvenile Justice (Care and Protection of
Children) Act, 2015, in India were significantly influenced by public and judicial
discourse surrounding several landmark cases.
The Delhi Gang Rape Case (2012) widely known as the Nirbhaya case
questioned the adequacy of the Juvenile Justice (Care and Protection of Children)
Act, 2000, particularly concerning the treatment of juveniles involved in grave
offenses. This case significantly impacted public sentiment and was a catalyst for
the 2015 amendment, particularly the provision allowing for juveniles aged 16 to
18 years to be tried as adults in certain cases.
Subramanian Swamy vs. Raju Thr. Member Juvenile Justice Board & Anr
(2014) case revolved around whether the principle of 'actus non facit reum nisi
mens sit rea' (the act does not constitute guilt unless done with a guilty intention)
should be considered while adjudicating cases under the Juvenile Justice Act. The
petitioner argued for changes in the juvenile justice system, especially for those
juveniles involved in heinous crimes.
Gaurav Kumar vs. State of Haryana (2013) case highlighted issues regarding the
juvenile justice system's ability to deal effectively and appropriately with juveniles
in conflict with the law, contributing to discussions around the need for
amendments to ensure justice and rehabilitation.
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Enacted in response to rising concerns over the treatment of children in the judicial
system and the need for a more nuanced approach towards juveniles, especially
those who commit heinous crimes, the 2015 Act introduced several significant
changes.
It emphasizes the principle of the best interest of the child, restorative justice, and
the need to differentiate between children in conflict with the law and children in
need of care and protection.
Key features of the Act include the establishment of Juvenile Justice Boards (JJB)
and Child Welfare Committees (CWC) in every district.
The Juvenile Justice Boards are entrusted with assessing and adjudicating cases
involving juveniles in conflict with the law, ensuring that justice is dispensed in a
manner that serves the rehabilitation and reintegration of the juvenile.
On the other hand, Child Welfare Committees focus on children in need of care and
protection, ensuring their safety and welfare through various measures, including
placement in shelter homes or adoption.
The Act also introduced provisions for the trial of juveniles aged between 16 and
18 years as adults for committing heinous crimes, under certain circumstances.
This provision was among the most debated aspects of the law, stemming from a
need to balance societal protection with the rehabilitation of juveniles.
By providing a comprehensive framework for the care and protection of children,

The Juvenile Justice (Care and Protection of Children) Act, 2015, represents a
significant step forward in the realization of child rights in India, aligning with
international conventions like the United Nations Convention on the Rights of the
Child (UNCRC), to which India is a signatory.
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CHAPTER I
PRELIMINARY
1. Short title, extent, commencement and application. -

(1) This Act may be called the Juvenile Justice (Care and Protection of Children)
Act, 2015.
(2) It extends to the whole of India [***].
(3) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.
(4) Notwithstanding anything contained in any other law for the time being in
force, the provisions of this Act shall apply to all matters concerning children in
need of care and protection and children in conflict with law, including -
(i) apprehension, detention, prosecution, penalty or imprisonment,
rehabilitation and social re-integration of children in conflict with law;
(ii) procedures and decisions or orders relating to rehabilitation, adoption,
re-integration, and restoration of children in need of care and protection.
2. Definitions.—In this Act, unless the context otherwise requires,—

(1) “abandoned child” means a child deserted by his biological or adoptive
parents or guardians, who has been declared as abandoned by the Committee after
due inquiry;
(2) “adoption” means the process through which the adopted child is permanently
separated from his biological parents and becomes the lawful child of his adoptive
parents with all the rights,
privileges and responsibilities that are attached to a biological child;
(3) “adoption regulations” means the regulations framed by the Authority and
notified by the Central Government in respect of adoption;
(5) “aftercare” means making provision of support, financial or otherwise, to
persons, who have completed the age of eighteen years but have not completed the
age of twenty-one years, and have left any institutional care to join the mainstream
of the society;
(6) “authorised foreign adoption agency” means a foreign social or child welfare
agency that is authorised by the Central Adoption Resource Authority on the
recommendation of their Central Authority or Government department of that

country for sponsoring the application of non-resident Indian or overseas citizen of
India or persons of Indian origin or foreign prospective adoptive parents for
adoption of a child from India;
(7) “Authority” means the Central Adoption Resource Authority constituted under
section 68;
(8) “begging” means—
(i) soliciting or receiving alms in a public place or entering into any private
premises for the purpose of soliciting or receiving alms, under any pretence;
(ii) exposing or exhibiting with the object of obtaining or extorting alms, any
sore, wound, injury, deformity or disease, whether of himself or of any other
person or of an animal;
(9) “best interest of child” means the basis for any decision taken regarding the
child, to ensure fulfilment of his basic rights and needs, identity, social well-being
and physical, emotional and intellectual development;
(10) “Board” means a Juvenile Justice Board constituted under section 4;
(11) “Central Authority” means the Government department recognised as such
under the Hague Convention on Protection of Children and Cooperation in
Inter-country Adoption (1993);
(12) “child” means a person who has not completed eighteen years of age;
(13) “child in conflict with law” means 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 such offence;
(14) “child in need of care and protection” means a child—
(i) who is found without any home or settled place of abode and without any
ostensible means of subsistence; or
(ii) who is found working in contravention of [the provisions of this Act or]
labour laws for the time being in force or is found begging, or living on the
street; or
(iii) who resides with a person (whether a guardian of the child or not) and
such person—
(a) has injured, exploited, abused or neglected the child or has
violated any other law for the time being in force meant for the
protection of child; or
(b) has threatened to kill, injure, exploit or abuse the child and there is
a reasonable likelihood of the threat being carried out; or

(c) has killed, abused, neglected or exploited some other child or
children and there is a reasonable likelihood of the child in question
being killed, abused, exploited or neglected by that person; or
(iv) who is mentally ill or mentally or physically challenged or suffering

from terminal or incurable disease, having no one to support or look after or
having parents or guardians unfit to take care, if found so by the Board or
the Committee; or
(v) who has a parent or guardian and such parent or guardian is found to be
unfit or incapacitated, by the Committee or the Board, to care for and
protect the safety and well-being of the child; or
(vi) who does not have parents and no one is willing to take care of and
protect or who is abandoned or surrendered;
(vii) who is missing or run away child, or whose parents cannot be found
after making reasonable inquiry in such manner as may be prescribed; or
(viii) who has been or is being or is likely to be abused, tortured or exploited
for the purpose of sexual abuse or illegal acts; or
(ix) who is found vulnerable and has been or is being or is likely to be
inducted into drug abuse or trafficking; or
(x) who is being or is likely to be abused for unconscionable gains; or
(xi) who is victim of or affected by any armed conflict, civil unrest or natural
calamity; or
(xii) who is at imminent risk of marriage before attaining the age of
marriage and whose parents, family members, guardian and any other
persons are likely to be responsible for solemnisation of such marriage;
(15) “child friendly” means any behaviour, conduct, practice, process, attitude,
environment or treatment that is humane, considerate and in the best interest of the
child;
(16) “child legally free for adoption” means a child declared as such by the
Committee after making due inquiry under section 38;
(17) “Child Welfare Officer” means an officer attached to a child care institution,
for carrying out the directions given by the Committee or, as the case may be, the
Board with such responsibility as may be prescribed;
(18) “Child Welfare Police Officer” means an officer designated as such under
sub-section (1) of section 107;

(19) “Children’s Home” means a Children’s Home, established or maintained, in
every district or group of districts, by the State Government, either by itself, or
through a voluntary or non-governmental organisation, and is registered as such
for the purposes specified in section 50;
(20) “Children’s Court” means a court established under the Commissions for
Protection of Child Rights Act, 2005 (4 of 2006) or a Special Court under the
Protection of Children from Sexual Offences Act, 2012 (32 of 2012), wherever
existing and where such courts have not been designated,
the Court of Sessions having jurisdiction to try offences under the Act;
(21) “child care institution” means Children Home, open shelter, observation
home, special home, place of safety, Specialised Adoption Agency and a fit facility
recognised under this Act for providing care and protection to children, who are in
need of such services;
(22) “Committee” means Child Welfare Committee constituted under section 27;
(23) “court” means a civil court, which has jurisdiction in matters of adoption and
guardianship and may include the District Court, Family Court and City Civil
Courts;
(24) “corporal punishment” means the subjecting of a child by any person to
physical punishment that involves the deliberate infliction of pain as retribution for
an offence, or for the purpose of disciplining or reforming the child;
(25) “childline services” means a twenty-four hours emergency outreach service
for children in crisis which links them to emergency or long-term care and
rehabilitation service;
(26) “District Child Protection Unit” means a Child Protection Unit for a District,
established by the State Government under section 106, which shall function under
the supervision of the District Magistrate to ensure the implementation of this Act
and other child protection measures in the district;
(26-A) “District Magistrate” includes Additional District Magistrate of the
District;
(27) “fit facility” means a facility being run by a governmental organisation or a
registered voluntary or non-governmental organisation, prepared to temporarily
own the responsibility of a particular child for a specific purpose, and such facility
is recognised as fit for the said purpose, by the Committee, as the case may be, or
the Board, under sub-section (1) of section 51;

(28) “fit person” means any person, prepared to own the responsibility of a child,
for a specific purpose, and such person is identified after inquiry made in this
behalf and recognised as fit for the said purpose, by the Committee or, as the case
may be, the Board, to receive and take care of the child;
(29) “foster care” means placement of a child, by the Committee for the purpose
of alternate care in the domestic environment of a family, other than the child’s
biological family, that has been selected, qualified, approved and supervised for
providing such care;
(30) “foster family” means a family found suitable by the District Child Protection
Unit to keep children in foster care under section 44;
(31) “guardian” in relation to a child, means his natural guardian or any other
person having, in the opinion of the Committee or, as the case may be, the Board,
the actual charge of the child, and recognised by the Committee or, as the case may
be, the Board as a guardian in the course of proceedings;
(32) “group foster care” means a family like care facility for children in need of
care and protection who are without parental care, aiming on providing
personalised care and fostering a sense of belonging and identity, through family
like and community based solutions;
(33) “heinous offences” includes the 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;
(34) “inter-country adoption” means adoption of a child from India by
non-resident Indian or by a person of Indian origin or by a foreigner;
(35) “juvenile” means a child below the age of eighteen years;
(36) “narcotic drug” and “psychotropic substance” shall have the meanings,
respectively, assigned to them in the Narcotic Drugs and Psychotropic Substances
Act, 1985 (61 of 1985);
(37) “no objection certificate” for inter-country adoption means a certificate
issued by the Central Adoption Resource Authority for the said purpose;
(38) “non-resident Indian” means a person who holds an Indian passport and is
presently residing abroad for more than one year;
(39) “notification” means the notification published in the Official Gazette of
India, or as the case may be, in the Gazette of a State, and the expression “notify”
shall be construed accordingly;

(40) “observation home” means an observation home established and maintained
in every district or group of districts by a State Government, either by itself, or
through a voluntary or non-governmental organisation, and is registered as such,
for the purposes specified in sub-section (1) of section 47;
(41) “open shelter” means a facility for children, established and maintained by
the State
Government, either by itself, or through a voluntary or non-governmental
organisation under sub-section (1) of section 43, and registered as such, for the
purposes specified in that section;
(42) “orphan” means a child—
(i) who is without biological or adoptive parents or legal guardian; or
(ii) whose legal guardian is not willing to take, or capable of taking care of
the child;
(43) “overseas citizen of India” means a person registered as such under the
Citizenship Act, 1955 (57 of 1955);
(44) “person of Indian origin” means a person, any of whose lineal ancestors is
or was an Indian national, and who is presently holding a Person of Indian Origin
Card issued by the Central Government;
(45) “petty offences” includes the 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 up to three years;
(46) “place of safety” means any place or institution, not being a police lockup or
jail, established separately or attached to an observation home or a special home,
as the case may be, to receive and take care of the children alleged or found to be
in conflict with law, by an order of the Board or the Children’s Court, both during
inquiry and ongoing rehabilitation after having been found guilty for a period and
purpose as specified in the order;
(47) “prescribed” means prescribed by rules made under this Act;
(48) “probation officer” means an officer appointed by the State Government as a
probation officer under the Probation of Offenders Act, 1958 (20 of 1958) or the
Legal-cum-Probation Officer appointed by the State Government under District
Child Protection Unit;
(49) “prospective adoptive parents” means a person or persons eligible to adopt a
child as per the provisions of section 57;

(50) “public place” shall have the same meaning assigned to it in the Immoral
Traffic (Prevention) Act, 1956 (104 of 1956);
(51) “registered”, with reference to child care institutions or agencies or facilities
managed by the State Government, or a voluntary or non-governmental
organisation, means observation homes, special homes, place of safety, children’s
homes, open shelters or Specialised Adoption Agency or fit facility or any other
institution that may come up in response to a particular need or agencies or
facilities authorised and registered under section 41, for providing residential care
to children, on a
short-term or long-term basis;
(52) “relative”, in relation to a child for the purpose of adoption under this Act,
means a paternal uncle or aunt, or a maternal uncle or aunt, or paternal
grandparent or maternal grandparent;
(53) “State Agency” means the State Adoption Resource Agency set up by the
State Government for dealing with adoption and related matters under section 67;
(54) “serious offences” includes the offences for which the punishment under the
Indian Penal Code (45 of 1860) or any other law for the time being in force, is,—
(a) minimum imprisonment for a term more than three years and not
exceeding seven years; or
(b) maximum imprisonment for a term more than seven years but no
minimum imprisonment or minimum imprisonment of less than seven years
is provided.
(55) “special juvenile police unit” means a unit of the police force of a district or
city or, as the case may be, any other police unit like railway police, dealing with
children and designated as such for handling children under section 107;
(56) “special home” means an institution established by a State Government or by
a voluntary or non-governmental organisation, registered under section 48, for
housing and providing rehabilitative services to children in conflict with law, who
are found, through inquiry, to have committed an offence and are sent to such
institution by an order of the Board;
(57) “Specialised Adoption Agency” means an institution established by the State
Government or by a voluntary or non-governmental organisation and recognised
under section 65, for housing orphans, abandoned and surrendered children,
placed there by order of the Committee, for the purpose of adoption;

(58) “sponsorship” means provision of supplementary support, financial or
otherwise, to the families to meet the medical, educational and developmental
needs of the child;
(59) “State Government”, in relation to a Union territory, means the
Administrator of that Union territory appointed by the President under article 239
of the Constitution;
(60) “surrendered child” means a child, who is relinquished by the parent or
guardian to the Committee, on account of physical, emotional and social factors
beyond their control, and declared as such by the Committee;
(61) all words and expressions used but not defined in this Act and defined in other
Acts shall have the meanings respectively assigned to them in those Acts.
Term Definition
1. Abandoned Child Child deserted by his biological or adoptive parents or
guardians, who has been declared as abandoned by
the Committee after due inquiry.
2. Adoption The process by which the adopted child is
permanently separated from biological parents and
becomes the lawful child of adoptive parents.
3. Adoption Regulations framed by the Authority and notified by
Regulations the Central Government regarding adoption.
5. Aftercare Provision of support, financial or otherwise, to
individuals aged 18-21 who have left institutional care
to join mainstream society.
6. Authorized A foreign social or child welfare agency authorized
Foreign Adoption by the Central Adoption Resource Authority for
Agency sponsoring adoption applications from India.
7. Authority The Central Adoption Resource Authority established
under section 68.
8. Begging Soliciting or receiving alms publicly, exposing
injuries for alms, or exploiting others for alms.
9. Best Interest of Basis for decisions concerning the child, ensuring

Child fulfillment of rights, identity, social well-being, and
development.
10. Board A Juvenile Justice Board constituted under section 4.
11. Central Authority Government department recognized under the Hague
Convention on Protection of Children for
inter-country adoption.
12. Child A person under eighteen years of age.
13. Child in Conflict A child alleged or found to have committed an
with Law offense and is under eighteen years of age at the time
of the offense.
14. Child in Need of It means :
Care and 1. Child found without any home or settled place
Protection of abode and lacking any ostensible means of
subsistence.
2. Child found working in contravention of the
provisions of this Act or labor laws, begging, or
living on the street.
3. Child residing with a person (guardian or not)
under the following conditions:
a. The person has injured, exploited, abused,
or neglected the child, or violated any law
meant for child protection.
b. The person has threatened to harm,
exploit, or abuse the child, with a reasonable
likelihood of the threat being carried out.
c. The person has harmed other children,
with a reasonable likelihood of the child in
question facing similar harm.
4. Child who is mentally ill, mentally or
physically challenged, or suffering from
terminal/incurable disease, lacking support or
having unfit guardians.
5. Child with a parent or guardian found unfit or
incapacitated by the Committee or Board to
care for and protect the child's safety and
well-being.

6. Child without parents, no one willing to care
for them, abandoned, or surrendered.
7. Missing or runaway child, or parents cannot be
found after a reasonable inquiry.
8. Child subjected to abuse, torture, or
exploitation for sexual abuse or illegal acts.
9. Child found vulnerable to or involved in drug
abuse or trafficking.
10.Child at risk or subjected to abuse for
unconscionable gains.
11.Child affected by armed conflict, civil unrest,
or natural calamities.
12.Child at imminent risk of underage marriage
due to familial influence.
15 Child Friendly Refers to behavior, conduct, or treatment that is

humane and considers the best interests of the child.
16. Child Legally Free A child declared as such by the Committee after due
for Adoption inquiry under section 38.
17. Child Welfare Officer at a child care institution responsible for
Officer carrying out directions from the Committee or Board
as prescribed.
18. Child Welfare Officer designated under section 107(1) responsible
Police Officer for child welfare matters.
19. Children’s Home Established by the State Government or NGOs to

provide specified care and registered under section
50.
20. Children’s Court Established under relevant Acts for protection of child
rights or sexual offenses, or designated Court of
Sessions in absence.
21. Child Care Includes various facilities recognized under the Act
Institution for providing care and protection to children in need,

such as Homes, Shelters, etc.
22. Committee Child Welfare Committee constituted under section
27.
23. Court Civil court having jurisdiction over adoption and
guardianship matters, may include District, Family, or
City Civil Courts.
24. Corporal Subjecting a child to physical punishment involving
Punishment deliberate infliction of pain, often as retribution or for
disciplinary purposes.
25. Childline Services Twenty-four-hour emergency outreach service linking
children in crisis to necessary care and rehabilitation
services.
25. District Child A unit established by the State Government under
Protection Unit section 106 to ensure the implementation of this Act
and other child protection measures in the district.
26- District Magistrate Includes the Additional District Magistrate of the
A District.
27. Fit Facility A facility run by governmental or registered

voluntary/non-governmental organizations,
recognized by the Committee or Board under section
51 for a specific purpose.
28. Fit Person Any person identified as suitable by the Committee or
Board, after inquiry, to receive and care for a child for
a specific purpose.
29. Foster Care Placement of a child by the Committee in a family
environment other than the biological family,
approved and supervised by the District Child
Protection Unit.
30. Foster Family A family deemed suitable by the District Child
Protection Unit to provide foster care to children
under section 44.

31. Guardian The natural guardian of a child or any person having
actual charge of the child, recognized as a guardian by
the Committee or Board during proceedings.
32. Group Foster Care A family-like care facility for children in need of care
and protection without parental care, promoting
personalized care and a sense of belonging.
33. Heinous Offences Offences with a minimum punishment of
imprisonment for seven years or more under the
Indian Penal Code or other prevailing laws.
34. Inter-country Adoption of a child from India by a non-resident
Adoption Indian, a person of Indian origin, or a foreigner.
35. Juvenile A child below the age of eighteen years.
36. Narcotic Drug and Defined as per the meanings assigned in the Narcotic
Psychotropic Drugs and Psychotropic Substances Act, 1985.
Substances
37. No Objection Certificate issued by the Central Adoption Resource
Certificate Authority for inter-country adoption.
38. Non-resident An Indian passport holder residing abroad for over
Indian one year.
39. Notification Publication in the Official Gazette of India or a State
Gazette, with "notify" construed accordingly.
40. Observation Home A facility established and maintained by the State
Government or NGOs for children in conflict with
law, registered under section 47.
41. Open Shelter A facility for children established by the State
Government or NGOs under section 43, registered for
specified purposes.
42. Orphan A child without biological or adoptive parents or a
legal guardian, or whose legal guardian is unwilling
or unable to care for the child.
43. Overseas Citizen A person registered as such under the Citizenship Act,

of India 1955.
44. Person of Indian A person with a lineal ancestor who was an Indian
Origin national and holds a Person of Indian Origin Card
issued by the Central Government.
45. Petty Offences Offences with a maximum punishment of
imprisonment up to three years under the Indian Penal
Code or other prevailing laws.
46. Place of Safety A place or institution established for children in
conflict with law, separate from police lockups or
jails, as ordered by the Board or Children’s Court
during inquiry or rehabilitation.
47. Prescribed As prescribed by rules made under this Act.
48. Probation Officer An officer appointed by the State Government under
the Probation of Offenders Act, 1958, or as a
Legal-cum-Probation Officer under the District Child
Protection Unit.
49. Prospective A person or persons eligible to adopt a child as per the
Adoptive Parents provisions of section 57.
50. Public Place Holds the same meaning as assigned in the Immoral
Traffic (Prevention) Act, 1956 (104 of 1956).
51. Registered Refers to child care institutions or agencies/facilities
managed by the State Government, voluntary, or
non-governmental organizations, including
observation homes, special homes, places of safety,
children’s homes, open shelters, Specialized Adoption
Agencies, fit facilities, or any other institution
meeting specific needs, authorized and registered
under section 41.
52. Relative In relation to a child for adoption under this Act,
refers to a paternal or maternal uncle or aunt, or
paternal or maternal grandparent.

53. State Agency The State Adoption Resource Agency established by
the State Government for handling adoption and
related matters under section 67.
54. Serious Offences Includes offences punishable under the Indian Penal
Code (45 of 1860) or any other prevailing law with
imprisonment for more than three years but not
exceeding seven years, or with imprisonment
exceeding seven years without specifying a minimum
term.
55. Special Juvenile A unit within the police force designated to handle
Police Unit children under section 107, operating at the district,
city, or other relevant levels.
56. Special Home An institution established by the State Government or
voluntary/non-governmental organizations, registered
under section 48, to provide housing and
rehabilitative services to children in conflict with the
law, who are ordered to such institutions by the
Board.
57. Specialized An institution established by the State Government or
Adoption Agency voluntary/non-governmental organizations and
recognized under section 65, for housing orphans,
abandoned, and surrendered children, placed there by
the Committee for adoption purposes.
58. Sponsorship Provision of supplementary support, whether financial
or otherwise, to families to meet the medical,
educational, and developmental needs of a child.
59. State Government In relation to a Union territory, refers to the
Administrator appointed by the President under article
239 of the Constitution.
60. Surrendered Child A child relinquished by the parent or guardian to the
Committee due to factors beyond their control,
declared as such by the Committee.
61. Undefined Words All words and expressions used but not defined in this

in Other Acts Act, and defined in other Acts, shall have the
meanings respectively assigned to them in those Acts.
CHAPTER II
GENERAL PRINCIPLES OF CARE AND PROTECTION OF CHILDREN
Section 3 General principles to be followed in administration of Act. - The

Central Government, the State Governments, [the Board, the Committee, or] other
agencies, as the case may be, while implementing the provisions of this Act shall be
guided by the following fundamental principles, namely :-
(i) Principle of presumption of innocence. - Any child shall be presumed to be an
innocent of any mala fide or criminal intent up to the age of eighteen years.
(ii) Principle of dignity and worth. - All human beings shall be treated with equal
dignity and rights.
(iii) Principle of participation. - Every child shall have a right to be heard and to
participate in all processes and decisions affecting his interest and the child's
views shall be taken into consideration with due regard to the age and maturity of
the child.
(iv) Principle of best interest. - All decisions regarding the child shall be based on
the primary consideration that they are in the best interest of the child and to help
the child to develop full potential.
(v) Principle of family responsibility. - The primary responsibility of care, nurture

and protection of the child shall be that of the biological family or adoptive or
foster parents, as the case may be.
(vi) Principle of safety. - All measures shall be taken to ensure that the child is safe
and is not subjected to any harm, abuse or maltreatment while in contact with the
care and protection system, and thereafter.

(vii) Positive measures. - All resources are to be mobilised including those of
family and community, for promoting the well-being, facilitating development of
identity and providing an inclusive and enabling environment, to reduce
vulnerabilities of children and the need for intervention under this Act.
(viii) Principle of non-stigmatising semantics. - Adversarial or accusatory words

are not to be used in the processes pertaining to a child.
(ix) Principle of non-waiver of rights. - No waiver of any of the right of the child is
permissible or valid, whether sought by the child or person acting on behalf of the
child, or a Board or a Committee and any non-exercise of a fundamental right
shall not amount to waiver.
(x) Principle of equality and non-discrimination. - There shall be no

discrimination against a child on any grounds including sex, caste, ethnicity, place
of birth, disability and equality of access, opportunity and treatment shall be
provided to every child.
(xi) Principle of right to privacy and confidentiality. - Every child shall have a
right to protection of his privacy and confidentiality, by all means and throughout
the judicial process.
(xii) Principle of institutionalisation as a measure of last resort. - A child shall be

placed in institutional care as a step of last resort after making a reasonable
inquiry.
(xiii) Principle of repatriation and restoration. - Every child in the juvenile justice
system shall have the right to be re-united with his family at the earliest and to be
restored to the same socio-economic and cultural status that he was in, before
coming under the purview of this Act, unless such restoration and repatriation is
not in his best interest.
(xiv) Principle of fresh start. - All past records of any child under the Juvenile
Justice system should be erased except in special circumstances.

(xv) Principle of diversion. - Measures for dealing with children in conflict with
law without resorting to judicial proceedings shall be promoted unless it is in the
best interest of the child or the society as a whole.
(xvi) Principles of natural justice. - Basic procedural standards of fairness shall

be adhered to, including the right to a fair hearing, rule against bias and the right
to review, by all persons or bodies, acting in a judicial capacity under this Act.
Section 4. Juvenile Justice Board. -

(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973,
the State Government shall, constitute for every district, one or more Juvenile
Justice Boards for exercising the powers and discharging its functions relating to
children in conflict with law under this Act.
(2) A Board shall consist of a Metropolitan Magistrate or a Judicial Magistrate of

First Class not being Chief Metropolitan Magistrate or Chief Judicial Magistrate
(hereinafter referred to as Principal Magistrate) with at least three years
experience and two social workers selected in such manner as may be prescribed,
of whom at least one shall be a woman, forming a Bench and every such Bench
shall have the powers conferred by the Code of Criminal Procedure, 1973 on a
Metropolitan Magistrate or, as the case may be, a Judicial Magistrate of First
Class.
(3) No social worker shall be appointed as a member of the Board unless such
person has been actively involved in health, education, or welfare activities
pertaining to children for atleast seven years or a practicing professional with a
degree in child psychology, psychiatry, sociology or law.
(4) No person shall be eligible for selection as a member of the Board, if he -
(i) has any past record of violation of human rights or child rights;
(ii) has been convicted of an offence involving moral turpitude, and such
conviction has not been reversed or has not been granted full pardon in
respect of such offence;

(iii) has been removed or dismissed from service of the Central Government
or a State Government or an undertaking or corporation owned or
controlled by the Central Government or a State Government;
(iv) has ever indulged in child abuse or employment of child labour or any
other violation of human rights or immoral act.
(5) The State Government shall ensure that induction training and sensitisation of
all members including Principal Magistrate of the Board on care, protection,
rehabilitation, legal provisions and justice for children, as may be prescribed, is
provided within a period of sixty days from the date of appointment.
(6) The term of office of the members of the Board and the manner in which such
member may resign shall be such, as may be prescribed.
(7) The appointment of any member of the Board, except the Principal Magistrate,
may be terminated after holding an inquiry by the State Government, if he -
(i) has been found guilty of misuse of power vested under this Act; or
(ii) fails to attend the proceedings of the Board consecutively for three
months without any valid reason; or
(iii) fails to attend [minimum] three-fourths of the sittings in a year; or
(iv) becomes ineligible under sub-section (4) during his term as a member.
Section 4 - Formation of Juvenile Justice Boards:

● State Governments are mandated to establish Juvenile Justice Boards for
each district.
● - These boards handle matters related to children in conflict with the
law under the Juvenile Justice Act.
Composition of the Board:

● Each Board consists of a Principal Magistrate (Metropolitan or Judicial
Magistrate of First Class) with at least three years of experience.

● Additionally, two social workers are included in the Board, one of whom
must be a woman.
Qualifications for Social Workers:

● Social workers must have a minimum of seven years of active involvement
in health, education, or welfare activities related to children.
● Alternatively(or), they can be practicing professionals with degrees in
child psychology, psychiatry, sociology, or law.
Ineligibility Criteria for Board Members:

Candidates are ineligible if they have a history of violating human rights or
child rights, a conviction for a morally reprehensible offence, removal or
dismissal from government service, or involvement in child abuse or labor.
Training Requirement:
● The State Government must ensure that all Board members, including the
Principal Magistrate, undergo induction training within sixty days of their
appointment.
● This training covers aspects such as care, protection, rehabilitation, legal
provisions, and justice for children.
Term of Office and Resignation:

● The term of office for Board members, as well as the resignation process, is
determined by prescribed regulations.
Grounds for Termination:

● The State Government can terminate the appointment of any Board
member (except the Principal Magistrate) after an inquiry if the member
is found guilty of misusing power under the Act, fails to attend
consecutive proceedings for three months without a valid reason, attends
less than three-fourths of the sittings in a year, or becomes ineligible
during their term.

Section 5:- Placement of person, who cease to be a child during process of
inquiry.-
Where an inquiry has been initiated in respect of any child under this Act, and
during the course of such inquiry, the child completes the age of eighteen years,
then, notwithstanding anything contained in this Act or in any other law for the
time being in force, the inquiry may 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.
Section 5 - Continuation of Inquiry Beyond Eighteen Years:

● If an inquiry is initiated under the Juvenile Justice Act for a child and the
child turns eighteen during the investigation.
● The Juvenile Justice Board has the authority to continue the inquiry.
● Despite reaching adulthood, the Board can issue orders for the individual
as if they were still considered a child under the Act.
● This provision overrides any conflicting provisions in this Act or other
prevailing laws.
Section 6 Placement of persons, who committed an offence, when person was

below the age of eighteen years. -
(1) Any person, who has completed eighteen years of age, and is apprehended for
committing an offence when he was below the age of eighteen years, then, such
person shall, subject to the provisions of this section, be treated as a child during
the process of inquiry.
(2) The person referred to in sub-section (1), if not released on bail by the Board
shall be placed in a place of safety during the process of inquiry.
(3) The person referred to in sub-section (1) shall be treated as per the procedure
specified under the provisions of this Act.
Section 7:- Procedure in relation to Board. -

(1) The Board shall meet at such times and shall observe such rules in regard to
the transaction of business at its meetings, as may be prescribed and shall ensure

that all procedures are child friendly and that the venue is not intimidating to the
child and does not resemble as regular courts.
(2) A child in conflict with law may be produced before an individual member of
the Board, when the Board is not in sitting.
(3) A Board may act notwithstanding the absence of any member of the Board, and
no order passed by the Board shall be invalid by the reason only of the absence of
any member during any stage of proceedings:
Provided that there shall be atleast two members including the Principal
Magistrate present at the time of final disposal of the case or in making an
order under sub-section (3) of section 18.
(4) In the event of any difference of opinion among the members of the Board in the
interim or final disposal, the opinion of the majority shall prevail, but where there
is no such majority, the opinion of the Principal Magistrate, shall prevail.
Section 7 - Board Meetings and Procedures:
● The Board holds meetings at prescribed times and follows specified

rules for conducting business.
● All procedures are child-friendly, ensuring that the venue is not
intimidating and does not resemble regular courts.
Individual Member Appearance:
● A child in conflict with the law may be presented before an
individual member of the Board when the Board is not in session.
Validity of Board Actions:
● The Board can function even in the absence of any member, and
orders passed by the Board are not invalidated solely due to a
member's absence during any stage of proceedings.
● However, for the final disposal of a case or making an order under
subsection (3) of section 18, there must be at least two members
present, including the Principal Magistrate.

Note: The procedures aim to create a child-friendly and non-intimidating
environment, allowing flexibility in appearances before individual members while
ensuring a minimum presence of members for critical stages of case disposal.
Section 8.:- Powers, functions and responsibilities of the Board. -

(1) Notwithstanding anything contained in any other law for the time being in force
but save as otherwise expressly provided in this Act, the Board constituted for any
district shall have the power to deal exclusively with all the proceedings under this
Act, relating to children in conflict with law, in the area of jurisdiction of such
Board.
(2) The powers conferred on the Board by or under this Act may also be exercised
by the High Court and the Children's Court, when the proceedings come before
them under section 19 or in appeal, revision or otherwise.
(3) The functions and responsibilities of the Board shall include -

(a) ensuring the informed participation of the child and the parent or
guardian, in every step of the process;
(b) ensuring that the child's rights are protected throughout the process of
apprehending the child, inquiry, aftercare and rehabilitation;
(c) ensuring availability of legal aid for the child through the legal services
institutions;
(d) wherever necessary the Board shall provide an interpreter or translator,

having such qualifications, experience, and on payment of such fees as may
be prescribed, to the child if he fails to understand the language used in the
proceedings;
(e) directing the Probation Officer, or in case a Probation Officer is not

available to the Child Welfare Officer or a social worker, to undertake a
social investigation into the case and submit a social investigation report

within a period of fifteen days from the date of first production before the
Board to ascertain the circumstances in which the alleged offence was
committed;
(f) adjudicate and dispose of cases of children in conflict with law in

accordance with the process of inquiry specified in section 14;
(g) transferring to the Committee, matters concerning the child alleged to be

in conflict with law, stated to be in need of care and protection at any stage,
thereby recognising that a child in conflict with law can also be a child in
need of care simultaneously and there is a need for the Committee and the
Board to be both involved;
(h) disposing of the matter and passing a final order that includes an
individual care plan for the child's rehabilitation, including follow up by the
Probation Officer or the District Child Protection Unit or a member of a
non-governmental organisation, as may be required;
(i) conducting inquiry for declaring fit persons regarding care of children in
conflict with law;
(j) conducting at least one inspection visit every month of residential

facilities for children in conflict with law and recommend action for
improvement in quality of services to the District Child Protection Unit and
the State Government;
(k) order the police for registration of first information report for offences
committed against any child in conflict with law, under this Act or any other
law for the time being in force, on a complaint made in this regard;
(l) order the police for registration of first information report for offences
committed against any child in need of care and protection, under this Act or
any other law for the time being in force, on a written complaint by a
Committee in this regard;

(m) conducting regular inspection of jails meant for adults to check if any
child is lodged in such jails and take immediate measures for transfer [that
child to an observation home or place of safety, as the case may be,]; and
(n) any other function as may be prescribed.
Section 8 - Exclusive Jurisdiction of the Board:

The Board established for a district has exclusive authority over all
proceedings under this Act related to children in conflict with the law within its
jurisdiction.
Extension of Powers to High Court and Children's Court:

The powers granted to the Board by this Act can also be exercised by the
High Court and the Children's Court when the proceedings are before them under
specified circumstances like section 19, appeal, revision, or others.
Functions and Responsibilities of the Board:

● Ensuring informed participation of the child and the parent or guardian in
every step of the process.
● Safeguarding the child's rights throughout apprehension, inquiry, aftercare,
and rehabilitation.
● Facilitating legal aid for the child through legal services institutions.
● Providing an interpreter or translator, if necessary, for a child who doesn't
understand the language used in proceedings.
● Directing social investigations into the circumstances of the alleged offence
and obtaining a report within fifteen days.
● Adjudicating and disposing of cases of children in conflict with the law
following the specified inquiry process.
● Transferring matters concerning a child in conflict with the law to the
Committee if the child is also deemed in need of care.
● Issuing final orders with an individual care plan for the child's rehabilitation.
● Conducting inquiries to declare fit persons for the care of children in conflict
with the law.

● Regularly inspecting residential facilities for such children and
recommending improvements.
● Ordering the police to register First Information Reports (FIRs) for offences
against children in conflict with the law.
● Ordering the police to register FIRs for offences against children in need of
care and protection based on Committee complaints.
● Inspecting adult jails to identify and transfer any child lodged there to an
observation home.
● Performing any other function as prescribed.
Section 9 Procedure to be followed by a Magistrate who has not been empowered

under this Act. -
(1) When a Magistrate, not empowered to exercise the powers of the Board under
this Act is of the opinion that the person alleged to have committed the offence and
brought before him is a child, he shall, without any delay, record such opinion and
forward the child immediately along with the record of such proceedings to the
Board having jurisdiction.
(2) In case a person alleged to have committed an offence claims before a court
other than a Board, that the person is a child or was a child on the date of
commission of the offence, or if the court itself is of the opinion that the person was
a child on the date of commission of the offence, the said court shall make an
inquiry, take such evidence as may be necessary (but not an affidavit) to determine
the age of such person, and shall record a finding on the matter, stating the age of
the person as nearly as may be:
Provided that such a claim may be raised before any court and it shall be
recognised at any stage, even after final disposal of the case, and such a
claim shall be determined in accordance with the provisions contained in
this Act and the rules made thereunder even if the person has ceased to be a
child on or before the date of commencement of this Act.
(3) If the court finds that a person has committed an offence and was a child on the
date of commission of such offence, it shall forward the child to the Board for

passing appropriate orders and the sentence, if any, passed by the court shall be
deemed to have no effect.
(4) In case a person under this section is required to be kept in protective custody,
while the person's claim of being a child is being inquired into, such person may be
placed, in the intervening period in a place of safety.
Section 9
● Magistrate's Opinion on the Status of the Person:
○ If a Magistrate who is not empowered to exercise the powers of the
Board under the relevant Act believes that the person brought before
them is a child, they must promptly record this opinion.
● Forwarding the Case to the Board:
○ The Magistrate, upon forming the opinion that the person is a child,
must immediately forward the child along with the record of the
proceedings to the Board that has jurisdiction.
● Claim of Being a Child Before a Court:
○ If a person alleged to have committed an offence claims in a court
(other than a Board) that they are a child or were a child at the time of
the offence, or if the court itself believes the person was a child at that
time, the court must conduct an inquiry.
○ The court should gather necessary evidence (other than an
affidavit) to determine the age of the person and record a finding
stating the age as closely as possible.
● Recognition of Claim at Any Stage:
● The claim of being a child may be raised before any court, even
after the final disposal of the case.
● The claim should be recognized and determined in accordance with
the provisions of the Act and the rules, even if the person has ceased
to be a child by the time of the claim.
Forwarding to the Board if Found to be a Child:

● If the court finds that the person committed an offence and was a
child at the time of the offence, the court must forward the child to
the Board for appropriate orders.
● Any sentence passed by the court is deemed to have no effect in
such cases.
Protective Custody During Inquiry:
● If a person is required to be kept in protective custody during the
inquiry into their claim of being a child, they may be placed in a place
of safety during that intervening period.

Section 10 Apprehension of child alleged to be in conflict with law. -
(1) As soon as a child alleged to be in conflict with law is apprehended by the

police, such child shall be placed under the charge of the special juvenile police
unit or the designated child welfare police officer, who shall produce the child
before the Board without any loss of time but within a period of twenty-four hours
of apprehending the child excluding the time necessary for the journey, from the
place where such child was apprehended:
Provided that in no case, a child alleged to be in conflict with law shall be placed
in a police lockup or lodged in a jail.
(2) The State Government shall make rules consistent with this Act,-
(i) to provide for persons through whom (including registered voluntary or

nongovernmental organisations) any child alleged to be in conflict with law
may be produced before the Board;
(ii) to provide for the manner in which the child alleged to be in conflict with
law may be sent to an observation home or place of safety, as the case may
be.
Section 10

● Immediate Placement Under Special Juvenile Police Unit or Designated
Child Welfare Police Officer:
○ Upon apprehension by the police, a child alleged to be in conflict with
the law should be placed under the charge of the special juvenile
police unit or the designated child welfare police officer.
● Timely Production Before the Board:
○ The special juvenile police unit or designated child welfare police
officer is responsible for producing the child before the Board
without any delay.
○ This should be done within a period of twenty-four hours of
apprehending the child, excluding the time necessary for the
journey from the place of apprehension.
● Prohibition on Placement in Police Lockup or Jail:
○ Under no circumstances should a child alleged to be in conflict with
the law be placed in a police lockup or lodged in a jail.
● Role of State Government in Rulemaking:
○ The State Government is tasked with making rules consistent with
the provisions of the Act.
○ These rules are expected to cover the following aspects:
■ Providing for persons (including registered voluntary or
non-governmental organizations) through whom any child
alleged to be in conflict with the law may be produced before
the Board.
■ Defining the manner in which the child alleged to be in conflict
with the law may be sent to an observation home or a place of
safety, depending on the circumstances of the case.
Section 11:- Role of person in whose charge child in conflict with law is placed. -
Any person in whose charge a child in conflict with law is placed, shall while the
order is in force, have responsibility of the said child, as if the said person was the
child's parent and responsible for the child's maintenance:
Provided that the child shall continue in such person's charge for the period stated
by the Board, notwithstanding that the said child is claimed by the parents or any

other person except when the Board is of the opinion that the parent or any other
person are fit to exercise charge over such child.
Section 11
Responsibility of the Person in Charge:
● Any person in whose charge a child in conflict with the law is placed
shall bear the responsibility for the child as if they were the child's
parent.
● This responsibility extends to the maintenance of the child.
Duration of Responsibility:
● The person in charge maintains responsibility for the child for the
duration specified by the Board.
Continuation of Responsibility Despite Claims by Parents or Others:
● The responsibility of the person in charge continues even if the child
is claimed by the parents or any other person.
● The child remains under the care of the person designated by the
Board for the specified period.
Exception: Board's Opinion on Fitness for Charge:
● The provision includes a proviso stating that the child shall continue
in the person's charge unless the Board forms the opinion that the
parent or any other person is fit to exercise charge over the child.
● In other words, the Board has the authority to determine whether
the parents or any other person is suitable and capable of taking
responsibility for the child, and if so, the child may be entrusted to
their care.
This passage underscores the authority of the Board in determining the

suitable guardianship for a child in conflict with the law, even if there are claims
by parents or others. The primary concern is the well-being and appropriate care of
the child, and the Board plays a crucial role in assessing the fitness of potential
guardians.

Section 12.:- Bail to a person who is apparently a child alleged to be in conflict
with law. -
(1) When any person, who is apparently a child and is alleged to have committed a
bailable or non-bailable offence, is apprehended or detained by the police or
appears or brought before a Board, such person shall, notwithstanding anything
contained in the Code of Criminal Procedure, 1973 or in any other law for the time
being in force, be released on bail with or without surety or placed under the
supervision of a probation officer or under the care of any fit person:
Provided that such person shall not be so released if there appears

reasonable grounds for believing that the release is likely to bring that
person into association with any known criminal or expose the said person
to moral, physical or psychological danger or the person's release would
defeat the ends of justice, and the Board shall record the reasons for denying
the bail and circumstances that led to such a decision.
(2) When such person having been apprehended is not released on bail under
sub-section (1) by the officer-in-charge of the police station, such officer shall
cause the person to be kept only in an observation home [or a place of safety, as
the case may be,] in such manner as may be prescribed until the person can be
brought before a Board.
(3) When such person is not released on bail under sub-section (1) by the Board, it
shall make an order sending him to an observation home or a place of safety, as
the case may be, for such period during the pendency of the inquiry regarding the
person, as may be specified in the order.
(4) When a child in conflict with law is unable to fulfil the conditions of bail order
within seven days of the bail order, such child shall be produced before the Board
for modification of the conditions of bail.
Section 12:
1. Release on Bail:

● If a person, apparently a child, is accused of a bailable or non-bailable
offence, they must be released on bail by the police or brought before a
Board.
● Release may include bail with or without surety, supervision by a probation
officer, or placement under the care of a suitable person.
2. Exceptions to Bail:
● Bail may be denied if there are reasonable grounds to believe that release
could associate the child with known criminals, expose them to danger, or
defeat the ends of justice.
● The Board must record reasons for denying bail and the circumstances
leading to the decision.
3. Observation Home:
If not released on bail by the police, the child must be kept in an observation
home until brought before a Board.
4. Board Decision:
If the Board denies bail, it can order placement in an observation home or a
place of safety during the inquiry period.
5. Modification of Bail Conditions:

If the child is unable to fulfill bail conditions within seven days, they must
be brought before the Board for modification of conditions.
Note: The overall aim is to ensure the welfare and safety of the child while
balancing the requirements of justice during legal proceedings.
Section 13.:- Information to parents, guardian or probation officer. -

(1) Where a child alleged to be in conflict with law is apprehended, the officer
designated as Child Welfare Police Officer of the police station, or the special
juvenile police unit to which such child is brought, shall, as soon as possible after
apprehending the child, inform -
(i) the parent or guardian of such child, if they can be found, and direct them
to be present at the Board before which the child is produced; and

(ii) the probation officer, or if no probation officer is available, a Child
Welfare Officer, for preparation and submission within two weeks to the
Board, a social investigation report containing information regarding the
antecedents and family background of the child and other material
circumstances likely to be of assistance to the Board for making the inquiry.
(2) Where a child is released on bail, the probation officer or the Child Welfare
Officer shall be informed by the Board.
Informing Responsibilities:
● When a child alleged to be in conflict with the law is apprehended, the

designated Child Welfare Police Officer or special juvenile police unit
must:
● Inform the parent or guardian of the child (if they can be found)
to be present at the Board hearing.
● Direct the parent or guardian to be present at the Board
hearing.
● Inform the probation officer or, if unavailable, a Child Welfare
Officer.
Social Investigation Report:
● The probation officer or Child Welfare Officer must prepare and

submit a social investigation report to the Board within two weeks.
● The report should include information about the child's antecedents,
family background, and other relevant circumstances to assist the
Board in the inquiry.
Release on Bail Notification:
● If the child is released on bail, the Board must inform the probation
officer or Child Welfare Officer

Section 14. Inquiry by Board regarding child in conflict with law. -
(1) Where a child alleged to be in conflict with law is produced before Board, the
Board shall hold an inquiry in accordance with the provisions of this Act and may
pass such orders in relation to such child as it deems fit under sections 17 and 18
of this Act.
(2) The inquiry under this section 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.
(3) 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.
(4) If inquiry by the Board under sub-section (2) 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 Judicial Magistrate or, as the case may be, the Chief
Metropolitan Magistrate, for reasons to be recorded in writing.
(5) The Board shall take the following steps to ensure fair and speedy inquiry,
namely:-
(a) at the time of initiating the inquiry, the Board shall satisfy itself that the
child in conflict with law has not been subjected to any ill-treatment by the
police or by any other person, including a lawyer or probation officer and
take corrective steps in case of such ill-treatment;
(b) in all cases under the Act, the proceedings shall be conducted in simple
manner as possible and care shall be taken to ensure that the child, against
whom the proceedings have been instituted, is given child-friendly
atmosphere during the proceedings;

(c) every child brought before the Board shall be given the opportunity of
being heard and participate in the inquiry;
(d) cases of petty offences, shall be disposed of by the Board through

summary proceedings, as per the procedure prescribed under the Code of
Criminal Procedure, 1973;
(e) inquiry of serious offences shall be disposed of by the Board, by

following the procedure, for trial in summons cases under the Code of
Criminal Procedure, 1973;
(f) inquiry of heinous offences,-
(i) for child below the age of sixteen years as on the date of
commission of an offence shall be disposed of by the Board under
clause (e);
(ii) 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.
Board Inquiry:
● When a child alleged to be in conflict with the law is brought before

the Board, an inquiry is conducted under the provisions of the Act.
● The Board has the authority to pass orders related to the child in
accordance with sections 17 and 18 of the Act.
Timeframe for Inquiry:
● The inquiry must be completed within four months from the date
of the child's first production before the Board.
● The Board can extend this period by a maximum of two months if
necessary, recording reasons in writing.

● Preliminary assessment for heinous offences under section 15
should be disposed of within three months.
Termination of Proceedings:
● If the inquiry for petty offences remains inconclusive even after the
extended period, the proceedings are terminated.
● For serious or heinous offences, the Board can seek further extension
with reasons recorded by the Chief Judicial Magistrate or Chief
Metropolitan Magistrate.
Steps for Fair and Speedy Inquiry:
● Ensure the child has not been subjected to ill-treatment and take
corrective steps if needed.
● Conduct proceedings in a simple manner, providing a child-friendly
atmosphere.
● Allow every child brought before the Board the opportunity to be
heard and participate in the inquiry.
● Dispose of cases of petty offences through summary proceedings.
● Dispose of inquiry for serious offences by following the procedure for
trial in summons cases under the Code of Criminal Procedure, 1973.
● Handle inquiry of heinous offences based on the age of the child at the
time of the offence.
Section 15. Preliminary assessment into heinous offences by Board. -

(1) 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 sub-section (3) of section 18:
Provided that for such an assessment, the Board may take the assistance of
experienced psychologists or psycho-social workers or other experts.

Explanation. - For the purposes of this section, it is clarified that preliminary
assessment is not a trial, but is to assess the capacity of such child to commit and
understand the consequences of the alleged offence.
(2) Where the Board is satisfied on preliminary assessment that the matter should
be disposed of by the Board, then the Board shall follow the procedure, as far as
may be, for trial in summons case under the Code of Criminal Procedure, 1973:
Provided that the order of the Board to dispose of the matter shall be
appealable under sub-section (2) of section 101:
Provided further that the assessment under this section shall be completed
within the period specified in section 14.
Preliminary Assessment for Heinous Offence (Age 16 and Above):
● In cases of heinous offences allegedly committed by a child aged 16

or above, the Board conducts a preliminary assessment.
● The assessment includes evaluating the child's mental and physical
capacity, understanding of the consequences of the offence, and the
circumstances surrounding the alleged offence.
● The Board may seek assistance from psychologists, psycho-social
workers, or other experts for the assessment.
● The purpose of the preliminary assessment is not a trial but to
evaluate the child's capacity to comprehend and commit the alleged
offence.
Procedure Following Preliminary Assessment:
● If, after the preliminary assessment, the Board is satisfied that the
matter should be disposed of by the Board, it follows the procedure
for a trial in summons cases under the Code of Criminal Procedure,
1973.
● The order of the Board to dispose of the matter is appealable under
subsection (2) of section 101.
● The assessment under this section must be completed within the
period specified in section 14.

Section 16. Review of pendency of inquiry. -
(1) The Chief Judicial Magistrate or the Chief Metropolitan Magistrate shall
review the pendency of cases of the Board once in every three months, and shall
direct the Board to increase the frequency of its sittings or may recommend the
constitution of additional Boards.
(2) The number of cases pending before the Board, duration of such pendency,
nature of pendency and reasons thereof shall be reviewed in every six months by a
high level committee consisting of the Executive Chairperson of the State Legal
Services Authority, who shall be the Chairperson, the Home Secretary, the
Secretary responsible for the implementation of this Act in the State and a
representative from a voluntary or nongovernmental organisation to be nominated
by the Chairperson.
(3) The information of such pendency shall also be furnished by the Board to the
Chief Judicial Magistrate or the Chief Metropolitan Magistrate and the District
Magistrate on quarterly basis in such form as may be prescribed by the State
Government.
[(4) The District Magistrate may, as and when required, in the best interest of a
child, call for any information from all the stakeholders including the Board and
the Committee.]
Chief Judicial Magistrate or Chief Metropolitan Magistrate's Review:
● The Chief Judicial Magistrate or Chief Metropolitan Magistrate is

responsible for reviewing the pendency of cases before the Board every
three months.
● They can direct the Board to increase its sittings or recommend the
establishment of additional Boards based on the review.

High-Level Committee Review:
● A high-level committee, chaired by the Executive Chairperson of the

State Legal Services Authority, reviews the pending cases before the Board
every six months.
● The committee includes the Home Secretary, the Secretary responsible for
implementing the Act in the State, and a representative from a voluntary or
non-governmental organization nominated by the Chairperson.
● The review considers the number of pending cases, the duration of the
pendency, the nature of pendency, and the reasons for delay.
Information Sharing:
● The Board is required to provide information on case pendency to the Chief

Judicial Magistrate or Chief Metropolitan Magistrate and the District
Magistrate on a quarterly basis.
● The information must be submitted in a prescribed form determined by the
State Government.
Note: These review mechanisms aim to ensure the efficient handling of

cases before the Board, with periodic assessments and recommendations for
improvements as needed.
Section 17. Orders regarding a child not found to be in conflict with law. - (1)
Where a Board is satisfied on inquiry that the child brought before it has not
committed any offence, then notwithstanding anything contrary contained in any
other law for the time being in force, the Board shall pass order to that effect.
(2) In case it appears to the Board that the child referred to in sub-section (1) is in
need of care and protection, it may refer the child to the Committee with
appropriate directions.
Finding of Innocence:
● If, after inquiry, the Board is satisfied that the child brought before
it has not committed any offence, it shall pass an order to that effect.
● This order takes precedence over any conflicting provisions in other
laws currently in force.

Referral for Care and Protection:
● If the Board determines that the child, though not involved in an
offence, is in need of care and protection, it may refer the child to the
Committee with appropriate directions.
● This ensures that even if no criminal offence is found, the child's
welfare is considered, and necessary actions are taken to provide care
and protection.
Note: The procedures aim to protect children by addressing their needs and
providing appropriate interventions, even in cases where no criminal offence is
established.
Section 18. Orders regarding child found to be in conflict with law. -

(1) Where a Board is satisfied on inquiry that a child irrespective of age has
committed a petty offence, or a serious offence, or a child below the age of sixteen
years has committed a heinous offence, [or a child above the age of sixteen years
has committed a heinous offence and the Board has, after preliminary assessment
under section 15, disposed of the matter] then, notwithstanding anything contrary
contained in any other law for the time being in force, and based on the nature of
offence, specific need for supervision or intervention, circumstances as brought out
in the social investigation report and past conduct of the child, the Board may, if it
so thinks fit,-
(a) allow the child to go home after advice or admonition by following
appropriate inquiry and counselling to such child and to his parents or the
guardian;
(b) direct the child to participate in group counselling and similar activities;
(c) order the child to perform community service under the supervision of an
organisation or institution, or a specified person, persons or group of
persons identified by the Board;
(d) order the child or parents or the guardian of the child to pay fine:

Provided that, 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;
(e) direct the child to be released on probation of good conduct and placed
under the care of any parent, guardian or fit person, on such parent,
guardian or fit person executing a bond, with or without surety, as the Board
may require, for the good behaviour and child's well-being for any period
not exceeding three years;
(f) direct the child to be released on probation of good conduct and placed
under the care and supervision of any fit facility for ensuring the good
behaviour and child's well-being for any period not exceeding three years;
(g) 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, counselling, behaviour modification
therapy, and psychiatric support during the period of stay in the special
home:
Provided that if the conduct and behaviour 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.
(2) If an order is passed under clauses (a) to (g) of sub-section (1), the Board may,
in addition pass orders 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.

(3) Where the Board after preliminary assessment under section 15 pass an order
that there is a need for trial of the said child as an adult, then the Board may order
transfer of the trial of the case to the Children's Court having jurisdiction to try
such offences.
1. Disposition Options for Child Found in Conflict with Law:

● If the Board, after an inquiry, determines that a child has committed a petty
offence, serious offence, or a heinous offence (if the child is below the
age of sixteen years), it may choose from various dispositions based on the
nature of the offence, the child's needs, social investigation report, and past
conduct.
● Options include:
○ Allowing the child to go home after advice or admonition with
appropriate counseling.
○ Directing the child to participate in group counseling and similar
activities.
○ Ordering community service under supervision.
○ Imposing a fine on the child or the parents/guardian.
○ Releasing the child on probation of good conduct under the care of a
parent, guardian, or fit person.
○ Releasing the child on probation of good conduct under the care and
supervision of a suitable facility.
○ Sending the child to a special home for reformative services,
education, skill development, counseling, and psychiatric support.
○ In case of unsuitable behavior, sending the child to a place of safety.
2. Additional Orders:
The Board, along with the above dispositions, may pass additional orders such as
requiring the child to attend school, vocational training center, therapeutic center,
prohibiting the child from specific places, or undergoing a de-addiction program.
3. Trial as an Adult:
If, after a preliminary assessment under section 15, the Board determines a need
for the trial of the child as an adult, it may order the transfer of the case to the
Children’s Court with jurisdiction to try such offences.

Note: The options provided aim to address the needs of the child while considering
the seriousness of the offence committed. The Board has discretion in determining
the most suitable disposition for rehabilitation and reform.
Section 19 Powers of Children's Court. -

(1) After the receipt of preliminary assessment from the Board under section 15,
the Children's Court may decide that-
(i) there is a need for trial of the child as an adult as per the provisions of
the Code of Criminal Procedure, 1973 and pass appropriate orders after
trial subject to the provisions of this section and section 21, considering the
special needs of the child, the tenets of fair trial and maintaining a child
friendly atmosphere;
(ii) there is no need for trial of the child as an adult and may conduct an
inquiry as a Board and pass appropriate orders in accordance with the
provisions of section 18.
(2) The Children's Court shall ensure that the final order, with regard to a child in
conflict with law, shall include an individual care plan for the rehabilitation of
child, including follow up by the probation officer or the District Child Protection
Unit or a social worker.
(3) The Children's Court shall ensure that the child who is found to be in conflict
with law is sent to a place of safety till he attains the age of twenty-one years and
thereafter, the person shall be transferred to a jail:
Provided that the reformative services including educational services, skill
development, alternative therapy such as counselling, behaviour
modification therapy, and psychiatric support shall be provided to the child
during the period of his stay in the place of safety.
(4) The Children's Court shall ensure that there is a periodic follow up report every
year by the probation officer or the District Child Protection Unit or a social
worker, as required, to evaluate the progress of the child in the place of safety and
to ensure that there is no ill-treatment to the child in any form.

(5) The reports under sub-section (4) shall be forwarded to the Children's Court
for record and follow up, as may be required.
Powers of Children’s Court:

● Upon receiving the preliminary assessment from the Board under section 15,
the Children’s Court may decide:
● Whether there is a need for the trial of the child as an adult, following the
provisions of the Code of Criminal Procedure, 1973, and pass appropriate
orders after trial, considering the special needs of the child, ensuring fair
trial, and maintaining a child-friendly atmosphere.
● If there is no need for the trial of the child as an adult, the Children’s Court
may conduct an inquiry similar to a Board and pass appropriate orders in
accordance with the provisions of section 18.
Individual Care Plan:

The Children’s Court is mandated to include an individual care plan for the
rehabilitation of the child in the final order. This plan involves follow-up by the
probation officer, District Child Protection Unit, or a social worker.
Place of Safety and Transition to Jail:

● The Children’s Court ensures that a child found in conflict with the law is
sent to a place of safety until the age of twenty-one, after which the person is
transferred to jail.
● Reformative services, including educational services, skill development,
counseling, behavior modification therapy, and psychiatric support, are
provided during the stay in the place of safety.
Periodic Follow-up Reports:

● The Children’s Court requires periodic follow-up reports every year from the
probation officer, District Child Protection Unit, or a social worker to
evaluate the child's progress in the place of safety.
● These reports are forwarded to the Children's Court for record and follow-up
as needed.

Note: The procedures outlined in this section focus on the rehabilitation and
well-being of the child in conflict with the law, ensuring a supportive and
monitored transition towards adulthood.
20. Child attained age of twenty-one years and yet to complete prescribed term of
stay in place of safety. -
(1) When the child in conflict with the law attains the age of twenty-one years and
is yet to complete the term of stay, the Children's Court shall provide for a follow
up by the probation officer or the District Child Protection Unit or a social worker
or by itself, as required, to evaluate if such child has undergone reformative
changes and if the child can be a contributing member of the society and for this
purpose the progress records of the child under sub-section (4) of section 19, along
with evaluation of relevant experts are to be taken into consideration.
(2) After the completion of the procedure specified under sub-section (1), the
Children's Court may-
(i) decide to release the child on such conditions as it deems fit which
includes appointment of a monitoring authority for the remainder of the
prescribed term of stay;
(ii) decide that the child shall complete the remainder of his term in a jail:
Provided that each State Government shall maintain a list of monitoring

authorities and monitoring procedures as may be prescribed.
Post-Age 21 Evaluation:
● When a child in conflict with the law reaches the age of twenty-one before
completing the term of stay, the Children's Court mandates a follow-up by
the probation officer, District Child Protection Unit, social worker, or the
court itself.
● The evaluation assesses whether the child has undergone reformative
changes and can contribute positively to society.
● Progress records from sub-section (4) of section 19 and input from relevant
experts are considered in this evaluation.
Post-Evaluation Decisions:

After completing the evaluation specified in sub-section (1), the Children’s
Court has two options:
● Decide to release the child on conditions it deems appropriate, including the
appointment of a monitoring authority for the remaining term of stay.
● Decide that the child should complete the remainder of the term in jail.
Each State Government is required to maintain a list of monitoring authorities and

procedures as prescribed.
Note: This process ensures a thorough evaluation of the child's progress and
behavior after reaching the age of twenty-one, with the Children's Court making
decisions based on rehabilitation and societal contribution considerations.
Section 21. Order that may not be passed against a child in conflict with law. -
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.
● The law explicitly prohibits the imposition of the death penalty or life
imprisonment without the possibility of release on any child in conflict
with the law.
● This prohibition applies to offences under the provisions of the Juvenile
Justice Act, the Indian Penal Code, or any other prevailing laws.
● The legal stance emphasizes the protection of children and ensures that
severe sentences like death or life imprisonment without the possibility of
release are not imposed on them, regardless of the nature of the offence.
Section 22. Proceeding under Chapter VIII of the Code of Criminal Procedure
not to apply against child. - Notwithstanding anything to the contrary contained in
the Code of Criminal Procedure, 1973, or any preventive detention law for the time
being in force, no proceeding shall be instituted and no order shall be passed
against any child under Chapter VIII of the said Code.

● Regardless of the provisions in the Code of Criminal Procedure, 1973, or
any existing preventive detention law, Chapter VIII of the said Code
prohibits the institution of proceedings and the passing of orders against
any child.
● This provision underscores the special consideration and protection afforded
to children, ensuring that legal proceedings and orders are not initiated
against them under the specified chapter of the Code of Criminal Procedure.
Section 23. No joint proceedings of child in conflict with law and person not a
child. - (1) Notwithstanding anything contained in section 223 of the Code of
Criminal Procedure, 1973 or in any other law for the time being in force, there
shall be no joint proceedings of a child alleged to be in conflict with law, with a
person who is not a child.
(2) If during the inquiry by the Board or by the Children's Court, the person
alleged to be in conflict with law is found that he is not a child, such person shall
not be tried along with a child.
Separation of Proceedings:
Regardless of the provisions in section 223 of the Code of Criminal
Procedure, 1973, or any other existing law, there are no joint proceedings
allowed for a child alleged to be in conflict with the law with a person who
is not a child.
Individual Trial for Non-Child:

If, during the inquiry by the Board or the Children’s Court, it is determined
that a person alleged to be in conflict with the law is not a child, that person
shall not be tried alongside a child.
Note: This emphasizes the need for separate legal proceedings for children and
adults in conflict with the law, ensuring that the legal system recognizes and
respects the special status and rights of children.
Section 24. Removal of disqualification on the findings of an offence. -

force, a child who has committed an offence and has been dealt with under the

provisions of this Act shall not suffer disqualification, if any, attached to a
conviction of an offence under such law:
Provided that in case of a child who has completed or is above the age of
sixteen years and is found to be in conflict with law by the Children's Court
under clause (i) of sub-section (1) of section 19, the provisions of
sub-section (1) shall not apply.
(2) The Board shall make an order directing the Police, or by the Children's court
to its own registry that the relevant records of such conviction shall be destroyed
after the expiry of the period of appeal or, as the case may be, a reasonable period
as may be prescribed:
Provided that in case of a heinous offence where the child is found to be in
conflict with law under clause (i) of sub-section (1) of section 19, the
relevant records of conviction of such child shall be retained by the
Children's Court.
Disqualification Protection:
● A child who has committed an offence and has been dealt with under the
provisions of this Act will not suffer any disqualification attached to a
conviction under any other law.
● This protection does not apply to a child who has completed or is above the
age of sixteen years and is found to be in conflict with the law by the
Children’s Court under clause (i) of sub-section (1) of section 19.
Record Destruction or Retention:

● The Board has the authority to issue an order directing the Police or the
Children’s Court to destroy relevant records of conviction after the expiry of
the period of appeal or a reasonably prescribed period.
● For heinous offences where the child is found to be in conflict with the law
under clause (i) of sub-section (1) of section 19, the Children’s Court retains
the relevant records of conviction.
Note: This provision safeguards the future prospects of children who have
committed offences by preventing the imposition of disqualifications associated

with convictions under other laws. Additionally, it outlines the process for the
destruction or retention of relevant records based on the nature of the offence.
Section 25. Special provision in respect of pending cases. - Notwithstanding

anything contained in this Act, all proceedings in respect of a child alleged or
found to be in conflict with law pending before any Board or court on the date of
commencement of this Act, shall be continued in that Board or court as if this Act
had not been enacted.
● Despite the provisions in this Act, all proceedings related to a child alleged
or found to be in conflict with the law that are ongoing before any Board or
court on the date of the commencement of this Act will continue in that
Board or court.
● This ensures that the implementation of the new Act does not disrupt or
invalidate existing proceedings concerning children in conflict with the law.
Section 26. Provision with respect of run away child in conflict with law. -
(1) Notwithstanding anything to the contrary contained in any other law for the
time being in force, any police officer may take charge of a child in conflict with
law who has run away from a special home or an observation home or a place of
safety or from the care of a person or institution under whom the child was placed
under this Act.
(2) The child referred to in sub-section (1) shall be produced, within twenty-four
hours, preferably before the Board which passed the original order in respect of
that child, if possible, or to the nearest Board where the child is found.
(3) The Board shall ascertain the reasons for the child having run away and pass
appropriate orders for the child to be sent back either to the institution or person
from whose custody the child had run away or any other similar place or person,
as the Board may deem fit:
Provided that the Board may also give additional directions regarding any special
steps that may be deemed necessary, for the best interest of the child.
(4) No additional proceeding shall be instituted in respect of such child.
● Police Intervention for Runaway Child:

Any police officer, regardless of other prevailing laws, is authorized to take
charge of a child in conflict with the law who has run away from a special
home, observation home, place of safety, or the care of a person or
institution under whom the child was placed according to this Act.
● Production and Board Appearance:

The child, as mentioned in sub-section (1), must be produced within
twenty-four hours, preferably before the Board that passed the original order
for that child. If not possible, the child should be presented to the nearest
Board where found.
● Board Inquiry and Orders:

○ The Board, upon receiving the child, investigates the reasons for the
runaway and issues appropriate orders for the child to be sent back to
the institution, person, or any other suitable place deemed fit by the
Board.
○ The Board is empowered to give additional directions concerning any
special steps necessary for the best interest of the child.
No Additional Proceedings:
No further legal proceedings shall be initiated in respect of the child who has
run away.
Note: This provision outlines the process for handling a child in conflict with the
law who has run away, emphasizing the role of the police, the Board, and the focus
on the best interests of the child.
Section 27. Child Welfare Committee. -

(1) The State Government shall by notification in the Official Gazette constitute for
every district, one or more Child Welfare Committees for exercising the powers and
to discharge the duties conferred on such Committees in relation to children in
need of care and protection under this Act and ensure that induction training and

sensitisation of all members of the committee is provided within two months from
the date of notification.
(2) The Committee shall consist of a Chairperson, and four other members as the
State Government may think fit to appoint, of whom atleast one shall be a woman
and another, an expert on the matters concerning children.
(3) The District Child Protection Unit shall provide a Secretary and other staff that
may be required for secretarial support to the Committee for its effective
functioning.
[(4) No person shall be appointed as a member of the Committee unless he has a

degree in child psychology or psychiatry or law or social work or sociology or
human health or education or human development or special education for
differently abled children and has been actively involved in health, education or
welfare activities pertaining to children for seven years or is a practicing
professional with a degree in child psychology or psychiatry or law or social work
or sociology or human health or education or human development or special
education for differently abled children.
(4A) No person shall be eligible for selection as a member of the Committee, if he -

(i) has any past record of violation of human rights or child rights,
(ii) has been convicted of an offence involving moral turpitude, and such
conviction has not been reversed or has not been granted full pardon in
respect of such offence,
(iii) has been removed or dismissed from service of the Government of India
or State Government or an undertaking or corporation owned or controlled
by the Government of India or State Government,
(iv) has ever indulged in child abuse or employment of child labour or

immoral act or any other violation of human rights or immoral acts, or (v) is
part of management of a child care institution in a District.]

(5) No person shall be appointed as a member unless he possesses such other
qualifications as may be prescribed.
(6) No person shall be appointed for a period of more than three years as a
member of the Committee.
(7) The appointment of any member of the Committee shall be terminated by the
State Government after making an inquiry, if -
(i) he has been found guilty of misuse of power vested on him under this Act;
(ii) he has been convicted of an offence involving moral turpitude and such
conviction has not been reversed or he has not been granted full pardon in
respect of such offence;
(iii) he fails to attend the proceedings of the Committee consecutively for

three months without any valid reason or he fails to attend [minimum]
three-fourths of the sittings in a year.
[(8) The Committee shall submit a report to the District Magistrate in such form as
may be prescribed and the District Magistrate shall conduct a quarterly review of
the functioning of the Committee.]
(9) The Committee shall function as a Bench and shall have the powers conferred
by the Code of Criminal Procedure, 1973 on a Metropolitan Magistrate or, as the
case may be, a Judicial Magistrate of First Class.
[(10) The District Magistrate shall be the grievance redressal authority to

entertain any grievance arising out of the functioning of the Committee and the
affected child or anyone connected with the child, as the case may be, may file a
complaint before the District Magistrate who shall take cognizance of the action of
the Committee and, after giving the parties an opportunity of being heard, pass
appropriate order.]

Constitution of Child Welfare Committees:
● The State Government, through an official notification, is mandated to
establish one or more Child Welfare Committees for every district.
● The Committees are responsible for exercising powers and fulfilling duties
related to children in need of care and protection under this Act.
● Members of the committee must undergo induction training and sensitization
within two months from the date of notification.
Composition of the Committee:

● The Committee comprises a Chairperson and four other members appointed
by the State Government.
● At least one member must be a woman, and another must be an expert on
matters concerning children.
Secretarial Support:
The District Child Protection Unit is tasked with providing a Secretary and
necessary staff to support the Committee's secretarial functions.
Qualifications for Committee Members:

● Committee members must have at least seven years of active involvement in
health, education, or welfare activities related to children.
● Alternatively, a member can be a practicing professional with a degree in
child psychology, psychiatry, law, social work, sociology, or human
development.
● Additional qualifications may be prescribed for appointment.
Term Limit for Committee Members:

No person can be appointed as a Committee member for more than three years.
Note: This section outlines the establishment, composition, and qualifications of

Child Welfare Committees, emphasizing the importance of expertise and
experience in child-related fields.

28. Procedure in relation to Committee. -
(1) The Committee shall meet at least twenty days in a month and shall observe
such rules and procedures with regard to the transaction of business at its
meetings, as may be prescribed.
(2) A visit to an existing child care institution by the Committee, to check its
functioning and well being of children shall be considered as a sitting of the
Committee.
(3) A child in need of care and protection may be produced before an individual
member of the Committee for being placed in a Children's Home or fit person
when the Committee is not in session.
(4) In the event of any difference of opinion among the members of the Committee
at the time of taking any decision, the opinion of the majority shall prevail but
where there is no such majority, the opinion of the Chairperson shall prevail.
(5) Subject to the provisions of sub-section (1), the Committee may act,
notwithstanding the absence of any member of the Committee, and no order made
by the Committee shall be invalid by reason only of the absence of any member
during any stage of the proceeding:
Provided that there shall be at least three members present at the time of final
disposal of the case.
Meeting Frequency and Rules:
● The Committee is required to convene at least twenty days in a month

and must adhere to prescribed rules and procedures during its
meetings.
Inspection of Child Care Institutions:
● A visit by the Committee to an existing child care institution for the

purpose of checking its functioning and the well-being of children is
considered a sitting of the Committee.
Individual Placement of Children:

● A child in need of care and protection can be presented before an
individual member of the Committee for placement in a Children’s
Home or with a fit person when the Committee is not in session.
Decision-Making in Committee:
● In case of any difference of opinion among Committee members

during decision-making, the majority opinion prevails. If there is no
majority, the opinion of the Chairperson prevails.
Functioning in Absence of Members:
● The Committee is allowed to function even in the absence of some

members, and no order made by the Committee is deemed invalid
solely due to the absence of any member during any stage of the
proceeding.
● However, there must be at least three members present at the time of
the final disposal of the case.
Note: This section outlines the operational aspects of the Child Welfare
Committee, including meeting frequency, decision-making procedures, and the
flexibility to operate in the absence of some members.
Section 29. Powers of Committee. -
(1) The Committee shall have the authority to dispose of cases for the care,
protection, treatment, development and rehabilitation of children in need of care
and protection, as well as to provide for their basic needs and protection.
(2) Where a Committee has been constituted for any area, such Committee shall,
notwithstanding anything contained in any other law for the time being in force,
but save as otherwise expressly provided in this Act, have the power to deal
exclusively with all proceedings under this Act relating to children in need of care
and protection.

Authority of the Committee:
● The Committee is vested with the authority to dispose of cases

concerning the care, protection, treatment, development, and
rehabilitation of children in need of care and protection.
● The Committee is also responsible for providing for the basic needs
and protection of these children.
Exclusive Power of the Committee:
● A Committee constituted for a specific area has exclusive power to

deal with all proceedings under this Act related to children in need of
care and protection.
● This exclusive authority prevails over any other law currently in force,
except as otherwise expressly provided in this Act.
Note: This section delineates the broad authority and jurisdiction of the Child
Welfare Committee in addressing matters concerning the welfare and protection of
children in need.
Section 30. Functions and responsibilities of Committee. - The functions and

responsibilities of the Committee shall include-
(i) taking cognizance of and receiving the children produced before it;
(ii) conducting inquiry on all issues relating to and affecting the safety and
well-being of the children under this Act;
(iii) directing the Child Welfare Officers or probation officers or District Child
Protection Unit or non-governmental organisations to conduct social investigation
and submit a report before the Committee;
(iv) conducting inquiry for declaring fit persons for care of children in need of care
and protection;
(v) directing placement of a child in foster care;

(vi) ensuring care, protection, appropriate rehabilitation or restoration of children
in need of care and protection, based on the child's individual care plan and
passing necessary directions to parents or guardians or fit persons or children's
homes or fit facility in this regard;
(vii) selecting registered institution for placement of each child requiring

institutional support, based on the child's age, gender, disability and needs and
keeping in mind the available capacity of the institution;
(viii) conducting at least two inspection visits per month of residential facilities for
children in need of care and protection and recommending action for improvement
in quality of services to the District Child Protection Unit and the State
Government;
(ix) certifying the execution of the surrender deed by the parents and ensuring that
they are given time to reconsider their decision as well as making all efforts to keep
the family together;
(x) ensuring that all efforts are made for restoration of abandoned or lost children
to their families following due process, as may be prescribed;
(xi) declaration of orphan, abandoned and surrendered child as legally free for
adoption after due inquiry;
(xii) taking suo motu cognizance of cases and reaching out to children in need of
care and protection, who are not produced before the Committee, provided that
such decision is taken by at least three members;
(xiii) taking action for rehabilitation of sexually abused children who are reported
as children in need of care and protection to the Committee by Special Juvenile
Police Unit or local police, as the case may be, under the Protection of Children
from Sexual Offences Act, 2012;
(xiv) dealing with cases referred by the Board under sub-section (2) of section 17;

(xv) co-ordinate with the police, labour department and other agencies involved in
the care and protection of children with support of the District Child Protection
Unit or the State Government;
(xvi) in case of a complaint of abuse of a child in any child care institution, the
Committee shall conduct an inquiry and give directions to the police or the District
Child Protection Unit or labour department or childline services, as the case may
be;
(xvii) accessing appropriate legal services for children;
(xviii) such other functions and responsibilities, as may be prescribed.
Functions and Responsibilities of the Committee:
Receiving and Inquiry:
● Take cognizance of and receive children presented before it.

● Conduct inquiries on all issues related to the safety and well-being of
children under the Act.
Social Investigation:
● Direct Child Welfare Officers, probation officers, District Child Protection

Unit, or NGOs to conduct social investigations and submit reports.
Declaration of Fit Persons:
● Conduct inquiries for declaring fit persons for the care of children in need of
care and protection.
Foster Care and Placement:
● Direct placement of a child in foster care.

● Ensure care, protection, rehabilitation, or restoration of children based on
individual care plans.

Selection of Institutions:
● Select registered institutions for placement based on age, gender, disability,

and needs of the child.
Inspection and Recommendations:
● Conduct at least two inspection visits per month to residential facilities.

● Recommend actions for improving the quality of services to the District
Child Protection Unit and the State Government.
Certification and Family Reconsideration:
● Certify the execution of surrender deeds by parents.

● Ensure parents are given time to reconsider their decision and make efforts
to keep the family together.
Restoration and Adoption:
● Make efforts for the restoration of abandoned or lost children to their

families.
● Declare orphan, abandoned, and surrendered children legally free for
adoption after due inquiry.
Proactive Intervention:
● Take suo motu cognizance of cases involving children in need of care and
protection who are not produced before the Committee (requires agreement
by at least three members).
Sexual Abuse Cases:
● Take action for the rehabilitation of sexually abused children reported as

children in need of care and protection under the Protection of Children from
Sexual Offences Act, 2012.

Board Referrals and Coordination:
● Deal with cases referred by the Board under sub-section (2) of section 17.
● Coordinate with the police, labor department, and other agencies involved in
the care and protection of children.
Inquiry into Complaints:
● Conduct an inquiry and give directions in case of complaints of abuse of a

child in any child care institution.
Accessing Legal Services: - Access appropriate legal services for children.
Prescribed Functions: - Perform any other functions and responsibilities as may

be prescribed.
Note: This section outlines the extensive functions and responsibilities of the Child
Welfare Committee, covering a wide range of activities related to the care,
protection, and rehabilitation of children in need.
Section 31. Production before Committee. -
(1) Any child in need of care and protection may be produced before the Committee
by any of the following persons, namely:-
(i) any police officer or special juvenile police unit or a designated Child
Welfare Police Officer or any officer of District Child Protection Unit or
inspector appointed under any labour law for the time being in force;
(ii) any public servant;
(iii) Childline Services or any voluntary or non-governmental organisation

or any agency as may be recognised by the State Government;
(iv) Child Welfare Officer or probation officer;

(v) any social worker or a public spirited citizen;
(vi) by the child himself; or
(vii) any nurse, doctor or management of a nursing home, hospital or

maternity home:
Provided that the child shall be produced before the Committee without any
loss of time but within a period of twenty-four hours excluding the time
necessary for the journey.
(2) The State Government may make rules consistent with this Act, to provide for
the manner of submitting the report to the Committee and the manner of sending
and entrusting the child to children's home or fit facility or fit person, as the case
may be, during the period of the inquiry.
Persons Authorized to Present Child before the committee are:
● Any police officer, special juvenile police unit, designated Child Welfare
Police Officer, officer of District Child Protection Unit, or inspector under
labor law.
● Any public servant.
● Childline Services, recognized voluntary/non-governmental organizations,
or agencies approved by the State Government.
● Child Welfare Officer, probation officer.
● Social worker or public-spirited citizen.
● The child themselves.
● Nurse, doctor, or management of a nursing home, hospital, or maternity
home.
Timeframe for Production:
● The child must be presented before the Committee promptly.

● A maximum period of twenty-four hours is allowed, excluding journey
time.
● Proviso: - The child should be brought before the Committee without delay.

● The State Government can create rules for submitting reports to the
Committee.
● Rules regarding sending and entrusting the child to a children’s home,
suitable facility, or suitable person during the inquiry period.
Section 32. Mandatory reporting regarding a child found separated from

guardian. -
(1) Any individual or a police officer or any functionary of any organisation or a
nursing home or hospital or maternity home, who or which finds and takes charge,
or is handed over a child who appears or claims to be abandoned or lost, or a
child who appears or claims to be an orphan without family support, shall within
twenty-four hours (excluding the time necessary for the journey), give information
to the Childline Services or the nearest police station or to a Child Welfare
Committee or to the District Child Protection Unit, or hand over the child to a
child care institution registered under this Act, as the case may be.
[(2) The information regarding a child referred to in sub-section (1) shall be
uploaded by the Committee or the District Child Protection Unit or the child care
institution, as the case may be, on a portal as may be specified by the Central
Government in this behalf.]
Reporting Responsibility:
● Any individual, police officer, organizational functionary, nursing home,
hospital, or maternity home encountering an abandoned, lost, or orphaned
child must take charge.
Timeline for Reporting:
● Within twenty-four hours (excluding journey time), the responsible party
must provide information.
Recipients of Information:
● Information should be given to Childline Services, the nearest police station,
Child Welfare Committee, or District Child Protection Unit.
Alternative Action:
● Alternatively, the child can be handed over to a child care institution
registered under the Act.

Mandatory Information Upload:
● Information about the child must be mandatorily uploaded on a specified
portal.
Authorities for Portal Specification:
● The Central Government Committee,
● District Child Protection Unit, or
● the child care institution may specify the portal.
Section 33. Offence of non-reporting. - If information regarding a child as

required under section 32 is not given within the period specified in the said
section, then, such act shall be regarded as an offence.
If information regarding a child as required under section 32 is not given within the
period specified in the said section, then, such act shall be regarded as an offence
Section 34. Penalty for non-reporting. - Any person who has committed an offence
under section 33 shall be liable to imprisonment up to six months or fine of ten
thousand rupees or both.
Any person who has committed an offence under section 33 shall be liable to
imprisonment up to six months or fine of ten thousand rupees or both..
Section 35. Surrender of children. -

(1) A parent or guardian, who for physical, emotional and social factors beyond
their control, wishes to surrender a child, shall produce the child before the
Committee.
(2) If, after prescribed process of inquiry and counselling, the Committee is
satisfied, a surrender deed shall be executed by the parent or guardian, as the case
may be, before the Committee.
(3) The parents or guardian who surrendered the child, shall be given two months
time to reconsider their decision and in the intervening period the Committee shall
either allow, after due inquiry, the child to be with the parents or guardian under

supervision, or place the child in a Specialised Adoption Agency, if he or she is
below six years of age, or a children's home if he is above six years.
Surrender of children.
● A parent or guardian, who for physical, emotional and social factors beyond
their control, wishes to surrender a child, shall produce the child before the
Committee.
● If, after prescribed process of inquiry and counselling, the Committee is
satisfied, a surrender deed shall be executed by the parent or guardian, as the
case may be, before the Committee.
● The parents or guardian who surrendered the child, shall be given two
months time to reconsider their decision and in the intervening period the
Committee shall either allow, after due inquiry, the child to be with the
parents or guardian under supervision, or place the child in a Specialised
Adoption Agency, if he or she is below six years of age, or a children’s home
if he is above six years.
Circumstances for Surrender: A parent or guardian can opt to surrender a child

due to uncontrollable physical, emotional, and social factors.
The Procedure
● Initial Step: The child must be presented to the Committee by the parent or
guardian who wishes to surrender them.
● Inquiry and Counseling: The Committee will undertake a process of
inquiry and counseling to assess the situation.
● Execution of Surrender Deed: If the Committee is convinced of the
necessity, surrender deed will be signed by the parent or guardian.
Post-Surrender Considerations
Reconsideration Period: Parents or guardians have a two-month period
to reconsider their decision to surrender the child.
During the Reconsideration Period:

● The Committee may allow the child to stay with the parents or guardian
under supervision.

● Alternatively, the child may be placed in a Specialised Adoption Agency if
they are below six years of age, or a children’s home if they are older than
six.
Notes:-
● This process ensures a structured and empathetic approach towards the
difficult decision of surrendering a child.
● It provides a safety net for parents/guardians to reconsider their decision.
Section 36:- Inquiry

(1) On production of a child or receipt of a report under section 31, the Committee
shall hold an inquiry in such manner as may be prescribed and the Committee, on
its own or on the report from any person or agency as specified in sub-section (2)
of section 31, 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 Specialised
Adoption Agency, where available.
(2) The social investigation shall be completed within fifteen days so as to enable
the Committee to pass final order 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.
(3) After the completion of the inquiry, if Committee is of the opinion that the said
child has no family or ostensible support or is in continued need of care and
protection, it may send the child to a Specialised Adoption Agency if the child is
below six years of age, children’s home or to a fit facility or person or foster family,
till suitable means of rehabilitation are found for the child, as may be prescribed,
or till the child attains the age of eighteen years: Provided that the situation of the
child placed in a children’s home or with a fit facility or person or a foster family,
shall be reviewed by the Committee, as may be prescribed.

(4) The Committee shall submit a quarterly report on the nature of disposal of
cases and pendency of cases to the District Magistrate in the manner as may be
prescribed, for review of pendency of cases.
(5) After review under sub-section (4), the District Magistrate shall direct the
Committee to take necessary remedial measures to address the pendency, if
necessary and send a report of such reviews to the State Government, who may
cause the constitution of additional Committees, if required: Provided that if the
pendency of cases continues to be unaddressed by the Committee even after three
months of receiving such directions, the State Government shall terminate the said
Committee and shall constitute a new Committee.
(6) In anticipation of termination of the Committee and in order that no time is lost
in constituting a new Committee, the State Government shall maintain a standing
panel of eligible persons to be appointed as members of the Committee.
(7) In case of any delay in the constitution of a new Committee under sub-section
(5), the Child Welfare Committee of a nearby district shall assume responsibility in
the intervening period.
Inquiry and Placement Procedure for Children:

● Initial Steps: Upon receiving a child or report under section 31, the
Committee must conduct an inquiry as prescribed. This can result from the
Committee's own motion or reports from specified individuals or agencies.
● Placement Orders: After the inquiry, the Committee may decide to place
the child in a children's home or with a suitable facility or person.
Additionally, there’s a focus on conducting a speedy social investigation by
an appointed social worker or Child Welfare Officer/Police Officer.
● Special Note: Children under six years old who are orphaned, surrendered,
or seem abandoned should be placed in Specialised Adoption Agencies
where available.
● Social Investigation: The investigation must be completed within 15 days,
enabling the Committee to pass the final order within four months of the
child's initial presentation.

● Post-Inquiry Actions: If a child is deemed to have no family or continuous
care need, placement options include a Specialised Adoption Agency (for
those below six years), a children's home, a suitable facility/person, or a
foster family. This arrangement continues until appropriate rehabilitation
methods are found, or the child reaches eighteen.
The Committee must regularly review the placements.

● Reporting and Remedial Action: The Committee submits quarterly reports
on case disposals and pending cases to the District Magistrate. Following
review, necessary actions are directed to address case pendency. Further
steps include reporting to the State Government, which might form
additional Committees if required.
● Addressing Committee Inefficiency: If case pendency persists three months
after directives are given, the current Committee can be terminated by the
State Government, which will then form a new Committee.
Key Points:
● A structured inquiry and placement process for children separated from
guardians or found in need.
● Implementation of swift social investigations to facilitate child welfare
decisions.
● Mechanisms for addressing pendency of cases and inefficiencies within
Committees to ensure continuous protection for children in need.
Section 37: Orders passed regarding a child in need of care and protection.
(1) The Committee on being satisfied through the inquiry that the child before the
Committee is a child in need of care and protection, may, on consideration of
Social
Investigation Report submitted by Child Welfare Officer and taking into account
the child’s wishes in case the child is sufficiently mature to take a view, pass one or
more of the following orders, namely:—
(a) declaration that a child is in need of care and protection;
(b) restoration of the child to parents or guardian or family with or without
supervision of Child Welfare Officer or designated social worker;

(c) placement of the child in Children’s Home or fit facility or Specialised
Adoption Agency for the purpose of adoption for long term or temporary
care, keeping in mind the capacity of the institution for housing such
children, either after reaching the conclusion that the family of the child
cannot be traced or even if traced, restoration of the child to the family is
not in the best interest of the child;
(d) placement of the child with fit person for long term or temporary care;
(e) foster care orders under section 44;
(f) sponsorship orders under section 45;
(g) directions to persons or institutions or facilities in whose care the child is
placed, regarding care, protection and rehabilitation of the child, including
directions relating to immediate shelter and services such as medical
attention, psychiatric and psychological support including need-based
counselling, occupational therapy or behaviour modification therapy, skill
training, legal aid, educational services, and other developmental activities,
as required, as well as follow-up and coordination with the District Child
Protection Unit or State Government and other agencies;
(h) declaration that the child is legally free for adoption under section 38.
(2) The Committee may also pass orders for —
(i) declaration of fit persons for foster care;
(ii) getting after care support under section 46 of the Act; or
(iii) any other order related to any other function as may be
prescribed
Committee Orders for Child in Need:

● Child Need Declaration: Declare a child as in need of care and protection.
● Restoration: Return the child to their family, with potential supervision by a
Child Welfare Officer or social worker.
● Institutional Care: Place the child in a Children's Home, fit facility, or
Specialized Adoption Agency (for adoption or temporary care).
Consideration is given to the facility's capacity and whether returning to the
family is in the child's best interest.
● Fit Person Placement: Place the child with a designated fit person for care
(long term or temporary).
● Foster Care: Issue foster care orders as per section 44.

● Sponsorship: Execute sponsorship orders following section 45.
● Care Directions:
○ Provide orders on the child's care, protection, and rehabilitation to
caregivers.
○ Include directives on shelter, medical, psychiatric, educational, and
developmental support.
○ Ensure coordination with relevant child protection entities for
follow-up services.
● Adoption: Declare the child legally free for adoption under section 38.
● Additional Orders:
● Fit Person Declaration: Identify fit individuals for foster care.
● Aftercare Support: Provide support as per section 46 of the Act.
● Miscellaneous Orders: Issue orders related to any prescribed functions
of the Committee.
Key Points:
● The Committee's priority is to ensure the child's safety and well-being.
● Orders can range from restoration to family, institutional care, foster care,
and legal preparations for adoption.
● There's an emphasis on tailored support, including rehabilitation and
developmental services, always taking into account the child's wishes if
mature enough.
Section:38
(1) In case of orphan and abandoned child, the Committee shall make all efforts
for
tracing the parents or guardians of the child and on completion of such inquiry, if
it is
established that the child is either an orphan having no one to take care, or
abandoned, the Committee shall declare the child legally free for adoption:
Provided that such declaration shall be made within a period of two months from
the
date of production of the child, for children who are up to two years of age and
within four months for children above two years of age:

Provided further that notwithstanding anything contained in this regard in any
other law for the time being in force, no first information report shall be registered
against any
biological parent in the process of inquiry relating to an abandoned or surrendered
child under this Act.
(2) In case of surrendered child, the institution where the child has been placed by
the
Committee on an application for surrender, shall bring the case before the
Committee
immediately on completion of the period specified in section 35, for declaring the
child
legally free for adoption.
force,
a child of a mentally retarded parents or a unwanted child of victim of sexual
assault, such child may be declared free for adoption by the Committee, by
following the procedure under this Act.
(4) The decision to declare an orphan, abandoned or surrendered child as legally
free for adoption shall be taken by at least three members of the Committee.
(5) The Committee shall inform the State Agency and the Authority regarding the
number of children declared as legally free for adoption and number of cases
pending for decision in the manner as may be prescribed, every month.
Declaration of Children Legally Free for Adoption:

Efforts to Trace Parents:
For orphaned and abandoned children, the Committee must try to locate
their parents or guardians.
Legal Declaration for Adoption:

● If a child is confirmed orphaned or abandoned, they are declared legally free
for adoption.
● Declarations are within two months for children up to two years old, and
within four months for those above two years.

Protection for Biological Parents:
No FIRs are to be filed against biological parents during inquiries about
abandoned or surrendered children.
Surrendered Children:
Institutions holding surrendered children must present cases to the
Committee post the period specified in section 35, to declare them legally
free for adoption.
Special Circumstances:
Children of mentally incapacitated parents or victims of sexual assault can
be declared free for adoption, adhering to the Act’s procedure.
Committee Decision Making:
A minimum of three Committee members must agree to declare a child
legally free for adoption.
Monthly Reporting:
The Committee must report to the State Agency and Authority about the
numbers of children declared free for adoption and pending cases each
month.
Key Points:
● The Committee ensures diligent efforts are made to trace a child’s family
before declaring them eligible for adoption.
● A legal framework protects parents from being wrongfully charged during
the process.
● Decisions on a child’s adoption eligibility involve a collective agreement
among Committee members.
● Regular reporting mechanisms maintain transparency and efficiency in the
adoption process.
CHAPTER VII
REHABILITATION AND SOCIAL RE-INTEGRATION
Section 39: Process of rehabilitation and social re-integration.
(1) The process of rehabilitation and social integration of children under this Act
shall be undertaken, based on the individual care plan of the child, preferably
through family based care such as by restoration to family or guardian with or
without supervision or sponsorship, or adoption or foster care:

Provided that all efforts shall be made to keep siblings placed in institutional or
noninstitutional care, together, unless it is in their best interest not to be kept
together.
(2) For children in conflict with law the process of rehabilitation and social
integration shall be undertaken in the observation homes, if the child is not
released on bail or in special homes or place of safety or fit facility or with a fit
person, if placed there by the order of the Board.
(3) The children in need of care and protection who are not placed in families for
any reason may be placed in an institution registered for such children under this
Act or with a fit person or a fit facility, on a temporary or long-term basis, and the
process of rehabilitation and social integration shall be undertaken wherever the
child is so placed.
(4) The Children in need of care and protection who are leaving institutional care
or children in conflict with law leaving special homes or place of safety on
attaining eighteen years of age, may be provided financial support as specified in
section 46, to help them to re-integrate into the mainstream of the society.
Rehabilitation and Social Integration Processes:

Family-Based Care Priority:
Emphasize restoration to families, guardians, sponsorship, adoption, or
foster care based on the child's individual care plan. Siblings are to be kept
together in care unless separate placement is in their best interest.
Children in Conflict with Law:

Rehabilitation for these children occurs in observation homes if not bailed
out, or in special homes, places of safety, fit facilities, or with fit persons as
ordered by the Board.
Alternative Placements:
Children not placed in families may be housed temporarily or long-term in
registered institutions, with fit persons, or in fit facilities, with ongoing
rehabilitation efforts.

Support for Leaving Care:
Financial assistance per section 46 is offered to children needing care and
protection, and to those in conflict with law aged 18, facilitating mainstream
society reintegration.
Highlights:
● Family-centered rehabilitation is favored.
● Provisions ensure sibling co-placement in care settings.
● Specific rehabilitation paths designated for children in conflict with law.
● Comprehensive support and alternative care options for children unable to
be family-placed.
● Financial aid aids transition for those exiting care at adulthood.
Section 40 Restoration of child in need of care and protection

(1) The restoration and protection of a child shall be the prime objective of any
Children’s Home, Specialised Adoption Agency or open shelter.
(2) The Children’s Home, Specialised Adoption Agency or an open shelter, as the
case may be, shall take such steps as are considered necessary for the restoration
and protection of a child deprived of his family environment temporarily or
permanently where such child is under their care and protection.
(3) The Committee shall have the powers to restore any child in need of care and
protection to his parents, guardian or fit person, as the case may be, after
determining the suitability of the parents or guardian or fit person to take care of
the child, and give them suitable directions.
Explanation.—For the purposes of this section, “restoration and protection of a
child” means restoration to—
(a) parents;
(b) adoptive parents;
(c) foster parents;
(d) guardian; or
(e) fit person.

Child Restoration and Protection:
Primary Objective: Restoration and protection of the child is the main goal of
Children’s Homes, Specialised Adoption Agencies, and open shelters.
Care Actions: Necessary steps are taken by these facilities for the temporary or
permanent restoration and protection of children deprived of their family
environment.
Committee's Role: The Committee has the authority to restore children in need of
care and protection to their parents, guardians, or a fit person, ensuring they are
suitable caregivers.
Meaning of Restoration and Protection: It includes returning the child to their
parents, adoptive parents, foster parents, guardian, or a fit person, as appropriate.
Key Points:
● The central aim is the child's well-being, focusing on their return to a stable
family environment.
● Facilities involved in child care must prioritize actions for a child's
protection and restoration.
● Suitability assessments by the Committee are crucial before restoring a child
to caregivers.
● Restoration encompasses various forms of familial or guardian care settings.
Section 41: Registration of child care institutions.

force, all institutions, whether run by a State Government or by voluntary or
non-governmental organisations, which are meant, either wholly or partially, for
housing children in need of care and protection or children in conflict with law,
shall, be registered under this Act in such manner as may be prescribed, within a
period of six months from the date of commencement of this Act, regardless of
whether they are receiving grants from the Central Government or, as the case may
be, the State Government or not:
Provided that the institutions having valid registration under the Juvenile
Justice (Care and Protection of Children) Act, 2000 on the date of

commencement of this Act shall be deemed to have been registered under
this Act.
(2) At the time of registration under this section, the State Government shall
determine and record the capacity and purpose of the institution and shall register
the institution as a Children’s Home or open shelter or Specialised Adoption
Agency or observation home or special home or place of safety, as the case may
be.
(3) On receipt of application for registration under sub-section (1), from an

existing or new institution housing children in need of care and protection of
children in conflict with law, the State Government may grant provisional
registration, within one month from the date of receipt of application, for a
maximum period of six months, in order to bring such institution under the purview
of this Act, and shall determine the capacity of the Home which shall be mentioned
in the registration certificate:
Provided that if the said institution does not fulfill the prescribed criteria for
registration, within the period specified in sub-section (1), the provisional
registration shall stand cancelled and the provisions of sub-section (5) shall
apply.
(4) If the State Government does not issue a provisional registration certificate
within one month from the date of application, the proof of receipt of application
for registration shall be treated as provisional registration to run an institution for
a maximum period of six months.
(5) If the application for registration is not disposed of within six months by any
officer or officers of any State Government, it shall be regarded as dereliction of
duty on their part by their higher controlling authority and appropriate
departmental proceedings shall be initiated.
(6) The period of registration of an institution shall be five years, and it shall be
subject to renewal in every five years.
(7) The State Government may, after following the procedure as may be prescribed,
cancel or withhold registration, as the case may be, of such institutions which fail

to provide rehabilitation and reintegration services as specified in section 53 and
till such time that the registration of an institution is renewed or granted, the State
Government shall manage the institution.
(8) Any child care institution registered under this section shall be duty bound to
admit children, subject to the capacity of the institution, as directed by the
Committee, whether they are receiving grants from the Central Government or, as
the case may be, the State Government or not.
force, the inspection committee appointed under section 54, shall have the powers
to inspect any institution housing children, even if not registered under this Act to
determine whether such institution is housing children in need of care and
protection.
Regulation of Child Care Institutions

Compulsory Registration:
All child care institutions must register under this Act within six months,
regardless of government or NGO administration or funding received.
Pre-existing Registrations:
Institutions registered under the Juvenile Justice Act, 2000, are automatically
recognized under this new Act.
Registration Criteria:
Upon applying for registration, an institution's capacity and purpose
(Children’s Home, Open Shelter, etc.) are defined by the State Government.
Provisional Registration Process:
Existing or new institutions can obtain provisional registration for six
months while they align with the Act’s requirements.
Automatic Provisional Registration:
If not processed within one month, the application receipt serves as
temporary provisional registration for six months.
Responsibility for Timely Processing:
Failure to process registration within six months is considered neglect of
duty, leading to possible departmental actions.

Renewal and Duration:
Registrations last for five years and require renewal every five years.
Cancellation for Non-compliance:
Registration can be canceled if an institution fails to provide necessary
rehabilitation and reintegration services, with the State managing the
institution until renewal or a new registration is issued.
Mandatory Admission:
Registered institutions must admit children as directed by the Committee,
within their capacity, regardless of the source of their funding.
Inspection Rights:
An appointed inspection committee has the authority to inspect any
institution, even those not registered, to ensure they serve children in need
properly.
Key Points:
● Mandatory registration and clear criteria for all child care institutions ensure
standardized care.
● Provisional registration facilitates compliance.
● Accountability measures are in place for timely processing and quality of
care.
● Regular renewal and inspection promote ongoing adherence to standards.
Section 42. Penalty for non-registration of child care institutions. - Any person,
or persons, in-charge of an institution housing children in need of care and
protection and children in conflict with law, who fails to comply with the provisions
of sub-section (1) of section 41, shall be punished with imprisonment which may
extend to one year or a fine of not less than one lakh rupees or both:
Provided that every thirty days delay in applying for registration shall be
considered as a separate offence.
Section 43. Open shelter. -

(1) The State Government may establish and maintain, by itself or through
voluntary or non-governmental organisations, as many open shelters as may be
required, and such open shelters shall be registered as such, in the manner as may
be prescribed.

(2) The open shelters referred to in sub-section (1) shall function as a community
based facility for children in need of residential support, on short term basis, with
the objective of protecting them from abuse or weaning them, or keeping them,
away from a life on the streets.
(3) The open shelters shall send every month information, in the manner as may be
prescribed, regarding children availing the services of the shelter, to the District
Child Protection Unit and the Committee.
Establishment: The State Government is authorized to establish and maintain

open shelters directly or through partnerships with voluntary or non-governmental
organizations.
Registration: These shelters must be officially registered in a prescribed manner.
Purpose: Open shelters aim to serve as a community-based facility for children in

need, offering short-term residential support.
Objectives: The goals include protecting children from abuse, deterring them from
street life, and providing a temporary safe haven.
Reporting Requirements: Open shelters are mandated to report monthly to the

District Child Protection Unit and the relevant Committee about the children they
support, following a prescribed format.
Section 44. Foster care. -

(1) The children in need of care and protection may be placed in foster care,
including group foster care for their care and protection through orders of the
Committee, after following the procedure as may be prescribed in this regard, in a
family which does not include the child's biological or adoptive parents or in an
unrelated family recognised as suitable for the purpose by the State Government,
for a short or extended period of time.
(2) The selection of the foster family shall be based on family's ability, intent,
capacity and prior experience of taking care of children.

(3) All efforts shall be made to keep siblings together in foster families, unless it is
in their best interest not to be kept together.
(4) The State Government, after taking into account the number of children, shall
provide monthly funding for such foster care through District Child Protection Unit
after following the procedure, as may be prescribed, for inspection to ensure well
being of the children.
(5) In cases where children have been placed in foster care for the reason that their
parents have been found to be unfit or incapacitated by the Committee, the child's
parents may visit the child in the foster family at regular intervals, unless the
Committee feels that such visits are not in the best interest of the child, for reasons
to be recorded therefor; and eventually, the child may return to the parent's homes
once the parents are determined by the Committee to be fit to take care of the child.
(6) The foster family shall be responsible for providing education, health and
nutrition to the child and shall ensure the overall well being of the child in such
manner, as may be prescribed.
(7) The State Government may make rules for the purpose of defining the
procedure, criteria and the manner in which foster care services shall be provided
for children.
(8) The inspection of foster families shall be conducted every month by the
Committee in the form as may be prescribed to check the well-being of the child
and whenever a foster family is found lacking in taking care of the child, the child
shall be removed from that foster family and shifted to another foster family as the
Committee may deem fit.
(9) No child regarded as adoptable by the Committee shall be given for long-term
foster care.

Placement Procedure: Children in need of care and protection may be placed in
individual or group foster care via Committee orders, following a prescribed
procedure, in families other than their biological or adoptive ones.
Foster Family Selection: Criteria based on the family's ability, intention, capacity,
and experience in child care.
Sibling Placement: Efforts will be made to place siblings together unless separate
placements serve their best interests.
Funding: The State Government will provide monthly funding for foster care
through the District Child Protection Unit, contingent on prescribed inspections for
child welfare.
Parental Visitation and Reunification: Unfit or incapacitated parents, as

determined by the Committee, can visit their children in foster care at regular
intervals, barring concerns for the child's well-being. The possibility of returning to
parental care is open once fitness is established.
Foster Care Responsibilities: Foster families must ensure the child's education,
health, nutrition, and overall well-being as prescribed.
Regulatory Framework: The State Government is authorized to define

procedures, criteria, and the manner of foster care service provision.
Inspections and Interventions: Monthly inspections by the Committee to assess

child well-being; inadequate care results in the child's relocation to another foster
family.
Adoption vs. Long-term Foster Care: Children considered adoptable shall not be
placed in long-term foster care.

Section 45. Sponsorship. -
(1) The State Government shall make rules for the purpose of undertaking various
programmes of sponsorship of children, such as individual to individual
sponsorship, group sponsorship or community sponsorship.
(2) The criteria for sponsorship shall include,-
(i) where mother is a widow or divorced or abandoned by family;
(ii) where children are orphan and are living with the extended family;
(iii) where parents are victims of life threatening disease;
(iv) where parents are incapacitated due to accident and unable to take care
of children both financially and physically.
(3) The duration of sponsorship shall be such as may be prescribed.
(4) The sponsorship programme may provide supplementary support to families, to

Children's Homes and to special homes to meet medical, nutritional, educational
and other needs of the children, with a view to improving their quality of life.
Section 46. After care of children leaving child care institution. - Any child
leaving a child care institution on completion of eighteen years of age may be
provided with financial support in order to facilitate child's re-integration into the
mainstream of the society in the manner as may be prescribed.
Section 47. Observation homes. -

(1) The State Government shall establish and maintain in every district or a group
of districts, either by itself, or through voluntary or non-governmental
organisations, observation homes, which shall be registered under section 41 of
this Act, for temporary reception, care and rehabilitation of any child alleged to be
in conflict with law, during the pendency of any inquiry under this Act.
(2) Where the State Government is of the opinion that any registered institution
other than a home established or maintained under sub-section (1), is fit for the
temporary reception of such child alleged to be in conflict with law during the

pendency of any inquiry under this Act, it may register such institution as an
observation home for the purposes of this Act.
(3) The State Government may, by rules made under this Act, provide for the
management and monitoring of observation homes, including the standards and
various types of services to be provided by them for rehabilitation and social
integration of a child alleged to be in conflict with law and the circumstances
under which, and the manner in which, the registration of an observation home
may be granted or withdrawn.
(4) Every child alleged to be in conflict with law who is not placed under the
charge of parent or guardian and is sent to an observation home shall be
segregated according to the child's age and gender, after giving due consideration
to physical and mental status of the child and degree of the offence committed.
Establishment and Maintenance: The State Government is responsible for

establishing and maintaining observation homes in every district or group of
districts, either directly or through voluntary or non-governmental organizations.
These homes must be registered under section 41 of the Act.
Alternative Registration: If the State Government identifies any registered

institution, besides those established under sub-section (1), as suitable for the
temporary reception of children in conflict with the law during inquiry, it may
register such an institution as an observation home for the purposes of this Act.
Management and Monitoring Rules: The State Government is tasked with

developing rules for the management and monitoring of observation homes. This
includes setting standards for rehabilitation and social integration services offered,
and detailing the procedures for granting or withdrawing registration.
Segregation within Observation Homes: Children in conflict with the law who
are sent to observation homes and not placed under the care of a parent or guardian
must be segregated by age and gender. This segregation also takes into account the
physical and mental status of the child, as well as the severity of the offense
committed.

Section 48. Special homes. -
(1) The State Government may establish and maintain either by itself or through
voluntary or non-governmental organisations, special homes, which shall be
registered as such, in the manner as may be prescribed, in every district or a group
of districts, as may be required for rehabilitation of those children in conflict with
law who are found to have committed an offence and who are placed there by an
order of the Juvenile Justice Board made under section 18.
(2) The State Government may, by rules, provide for the management and
monitoring of special homes, including the standards and various types of services
to be provided by them which are necessary for social re-integration of a child, and
the circumstances under which, and the manner in which, the registration of a
special home may be granted or withdrawn.
(3) The rules made under sub-section (2) may also provide for the segregation and
separation of children found to be in conflict with law on the basis of age, gender,
the nature of offence committed by them and the child's mental and physical status.
Section 49. Place of safety.

(1) The State Government shall set up at least one place of safety in a State
registered under section 41, so as to place a person above the age of eighteen
years or child in conflict with law, who is between the age of sixteen to eighteen
years and is accused of or convicted for committing a heinous offence.
(2) Every place of safety shall have separate arrangement and facilities for stay of
such children or persons during the process of inquiry and children or persons
convicted of committing an offence.
(3) The State Government may, by rules, prescribe the types of places that can be
designated as place of safety under sub-section (1) and the facilities and services
that may be provided therein.

Comment
The Place of Safety is an institutional mechanism in the Juvenile Justice System

that provides a safe place of stay for children in conflict with law who have
committed a certain category of offence and are in a particular age group or for
children whom it is perceived that any other existing residential arrangement will
not be suitable for them or in their best interest.
The State Government must set up at least one place of safety in a State registered
under section 41 to place a person or child accused of or convicted of committing a
heinous offence. Each place of safety must have separate arrangements and
facilities for the stay of such children or persons during the process of inquiry and
those convicted of committing an offence. The State Government may prescribe
the types of places that can be designated as place of safety.
Section 50: Children’s Home.
(1) The State Government may establish and maintain, in every district or group of
districts, either by itself or through voluntary or non-governmental organisations,
Children’s Homes, which shall be registered as such, for the placement of children
in need of care and protection for their care, treatment, education, training,
development and rehabilitation.
(2) The State Government shall designate any Children’s Home as a home fit for
children with special needs delivering specialised services, depending on
requirement.
(3) The State Government may, by rules, provide for the monitoring and
management of Children’s Homes including the standards and the nature of
services to be provided by them, based on individual care plans for each child.
Comment
● The State Government is responsible for establishing and maintaining
Children's Homes in every district, either on its own or through
organizations, for the care, education, and rehabilitation of children in need.

● Some homes may be designated for children with special needs, offering
specialized services.
● The government can also set rules for monitoring and managing these
homes, ensuring they meet specific standards and provide individual care
plans for each child.
Section 51: Fit facility.

(1) The Board or the Committee shall recognise a facility being run by a
Governmental organisation or a voluntary or non-governmental organisation
registered under any law for the time being in force to be fit to temporarily take the
responsibility of a child for a specific purpose after due inquiry regarding the
suitability of the facility and the organisation to take care of the child in such
manner as may be prescribed.
(2) The Board or the Committee may withdraw the recognition under sub-section
(1) for reasons to be recorded in writing.
Comment:
● The Board or Committee can approve a facility operated by a government or
registered organization to temporarily care for a child.
● They must ensure the facility is suitable and can provide proper care for the
child.
● Recognition can be withdrawn if there are valid reasons, which must be
documented.
Section 52: Fit person.

(1) The Board or the Committee shall, after due verification of credentials,
recognise any person fit to temporarily receive a child for care, protection and
treatment of such child for a specified period and in the manner as may be
prescribed.
(2) The Board or Committee, as the case may be, may withdraw the recognition
granted under sub-section (1) for reasons to be recorded in writing.

Comment:-
● Section 52 states that the Board or Committee can recognize a fit person to
temporarily care for a child for a specified period.
● The recognition can be withdrawn for specific reasons.
Section 53: Rehabilitation and reintegration services in institutions registered

under this Act and management thereof.
(1) The services that shall be provided, by the institutions registered under this Act
in the process of rehabilitation and re-integration of children, shall be in such
manner as may be prescribed, which may include—
(i) basic requirements such as food, shelter, clothing and medical attention
as per the prescribed standards;
(ii) equipment such as wheel-chairs, prosthetic devices, hearing aids, braille
kits, or any other suitable aids and appliances as required, for children with
special needs;
(iii) appropriate education, including supplementary education, special
education, and appropriate education for children with special needs:
Provided that for children between the age of six to fourteen years, the
provisions of the Right of Children to Free and Compulsory Education Act,
2009 shall apply;
(iv) skill development;

(v) occupational therapy and life skill education;
(vi) mental health interventions, including counselling specific to the need of
the child;
(vii) recreational activities including sports and cultural activities;
(viii) legal aid where required; (ix) referral services for education,
vocational training, de-addiction, treatment of diseases where required;
(x) case management including preparation and follow up of individual care
plan;
(xi) birth registration;
(xii) assistance for obtaining the proof of identity, where required; and

(xiii) any other service that may reasonably be provided in order to ensure
the well-being of the child, either directly by the State Government,
registered or fit individuals or institutions or through referral services.
(2) Every institution shall have a Management Committee, to be set up in a manner

as may be prescribed, to manage the institution and monitor the progress of every
child.
(3) The officer in-charge of every institution, housing children above six years of
age, shall facilitate setting up of children’s committees for participating in such
activities as may be prescribed, for the safety and well-being of children in the
institution.
Comment: -
Services for Rehabilitation and Reintegration (Subsection 1):
● This subsection outlines various services that institutions registered under

the act must provide for the rehabilitation and reintegration of children.
● These services include basic necessities such as food, shelter, clothing, and
medical attention.
● Special equipment and aids should be provided to children with specific
needs, such as wheelchairs, prosthetic devices, hearing aids, and braille kits.
● Educational services should be provided, including supplementary
education, special education, and appropriate education for children with
special needs. For children aged 6-14, the provisions of the Right of
Children to Free and Compulsory Education Act, 2009 apply.
● Other services include skill development, occupational therapy, life skill
education, mental health interventions, recreational activities, legal aid,
referral services for education and vocational training, case management,
birth registration, assistance for obtaining proof of identity, and any other
services necessary for the child's well-being.

Management Committee (Subsection 2):
● Every institution must have a Management Committee established in a

manner as prescribed by the act.
● The purpose of the Management Committee is to manage the institution and
monitor the progress of every child within it.
Children's Committees (Subsection 3):
● The officer in charge of every institution housing children above six years of
age must facilitate the setup of children's committees.
● These committees are intended to allow children to participate in activities
prescribed for the safety and well-being of children in the institution.
Section 54: Inspection of institutions registered under this Act.
(1) The State Government shall appoint inspection committees for the State and
district, as the case may be, for all institutions registered or recognised to be fit
under this Act for such period and for such purposes, as may be prescribed.
(2) Such inspection committees shall mandatorily conduct visits to all facilities
housing children in the area allocated, at least once in three months in a team of
not less than three members, of whom at least one shall be a woman and one shall
be a medical officer, and submit reports of the findings of such visits within a week
of their visit, to the District Child Protection Units or State Government, as the
case may be, for further action.
(3) On the submission of the report by the inspection committee within a week of
the inspection, appropriate action shall be taken within a month by the District
Child Protection Unit or the State Government and a compliance report shall be
submitted to the State Government.

Comment:
Section 54 of the legislation outlines the procedures for the inspection of
institutions registered under the Act concerning the welfare and protection of
children.
1. Appointment of Inspection Committees: The State Government is

mandated to appoint inspection committees at both the state and district
levels. These committees are responsible for inspecting institutions that are
registered or recognized under the Act. The appointments are made for a
specified period and for specific purposes, as determined by the relevant
regulations.
2. Frequency and Composition of Visits: The inspection committees are
required to conduct visits to all facilities housing children in their designated
area at least once every three months. Each inspection team must consist of
at least three members, with at least one member being a woman and one
member being a medical officer. This composition ensures diverse
perspectives and expertise in evaluating the conditions and welfare of the
children.
3. Reporting of Findings: Following each visit, the inspection committee must
promptly submit a report detailing their findings to the District Child
Protection Units or the State Government, depending on the jurisdiction.
This report must be submitted within a week of the inspection.
4. Action and Compliance: Upon receiving the inspection report, the District
Child Protection Unit or the State Government is obligated to take
appropriate action within a month. This action could include addressing any
deficiencies or issues identified during the inspection. After taking action,
the responsible authority must submit a compliance report to the State
Government.
Section 55: Evaluation of functioning of structures.
(1) The Central Government or State Government may independently evaluate the
functioning of the Board, Committee, special juvenile police units, registered
institutions, or recognised fit facilities and persons, at such period and through
such persons or institutions as may be prescribed by that Government.

(2) In case such independent evaluation is conducted by both the Governments, the
evaluation made by the Central Government shall prevail.
Comment:
1. Authority for Evaluation: Both the Central Government and State
Government have the authority to independently evaluate the functioning of
certain entities mentioned in the document. These entities include boards,
committees, special juvenile police units, registered institutions, recognized
fit facilities, and persons involved in relevant activities.
2. Frequency and Methods of Evaluation: The evaluation may be conducted

periodically, as determined by the respective government. The specific
period and methods for evaluation may be prescribed by the government.
3. Determining Authority: If both the Central and State Governments conduct

independent evaluations, the evaluation carried out by the Central
Government will be considered as prevailing or taking precedence over the
evaluation conducted by the State Government.
CHAPTER VIII
ADOPTION
Section 56: Adoption.

(1) Adoption shall be resorted to for ensuring right to family for the orphan,
abandoned and surrendered children, as per the provisions of this Act, the rules
made thereunder and the adoption regulations framed by the Authority.
(2) Adoption of a child from a relative by another relative, irrespective of their

religion, can be made as per the provisions of this Act and the adoption regulations
framed by the Authority.
(3) Nothing in this Act shall apply to the adoption of children made under the
provisions of the Hindu Adoption and Maintenance Act, 1956.

(4) All inter-country adoptions shall be done only as per the provisions of this Act
and the adoption regulations framed by the Authority. (5) Any person, who takes or
sends a child to a foreign country or takes part in any arrangement for transferring
the care and custody of a child to another person in a foreign country without a
valid order from the Court, shall be punishable as per the provisions of section 80.
Comment:
● Purpose of Adoption: Adoption is intended to provide a family for
orphaned, abandoned, or surrendered children. This is to be done in
accordance with the provisions of the Act, its associated rules, and adoption
regulations set by the Authority.
● Adoption Among Relatives: Adoption of a child by a relative from another

relative is permitted, regardless of their religion. This is subject to the
conditions and regulations outlined in the Act and by the Authority.
● Exclusion of Hindu Adoption and Maintenance Act: The Act does not
apply to adoptions conducted under the Hindu Adoption and Maintenance
Act, 1956. This suggests that adoptions following Hindu customs and laws
are governed separately.
● Inter-Country Adoptions: Any adoptions occurring across international

borders must adhere strictly to the provisions of the Act and regulations set
by the Authority. This ensures that such adoptions are conducted legally and
ethically.
● Penalties for Unauthorized Actions: Taking or sending a child to a foreign

country, or arranging for their care and custody to be transferred to someone
in a foreign country without proper authorization from the court, is
punishable. The specific punishment is determined by the provisions
outlined in section 80 of the Act.

Section 57: Eligibility of prospective adoptive parents.
(1) The prospective adoptive parents shall be physically fit, financially sound,
mentally alert and highly motivated to adopt a child for providing a good
upbringing to him.
(2) In case of a couple, the consent of both the spouses for the adoption shall be
required.
(3) A single or divorced person can also adopt, subject to fulfilment of the criteria
and in accordance with the provisions of adoption regulations framed by the
Authority.
(4) A single male is not eligible to adopt a girl child.
(5) Any other criteria that may be specified in the adoption regulations framed by
the Authority.
Comment:
This section outlines the eligibility criteria for prospective adoptive parents:
● Physical Fitness, Financial Stability, Mental Alertness, and Motivation:
Prospective adoptive parents must be physically fit, financially stable,
mentally alert, and highly motivated to provide a good upbringing for the
child they intend to adopt.
● Consent of Both Spouses: If the prospective adoptive parents are a married
couple, the consent of both spouses is required for the adoption process.
● Single or Divorced Individuals: Single or divorced individuals are allowed
to adopt a child, provided they meet the criteria specified and comply with
the adoption regulations established by the Authority.
● Restriction on Single Males Adopting Girl Child: However, single males
are not eligible to adopt a girl child. This indicates a gender-specific
restriction in the adoption process, where single males are prohibited from
adopting female children.
● Additional Criteria: The adoption regulations framed by the Authority may
specify any other criteria deemed necessary for the adoption process.

Section 58. Procedure for adoption by Indian prospective adoptive parents living
in India.
(1) Indian prospective adoptive parents living in India, irrespective of their

religion, if interested to adopt an orphan or abandoned or surrendered child,
may apply for the same to a Specialised Adoption Agency, in the manner as
provided in the adoption regulations framed by the Authority.
(2) The Specialised Adoption Agency shall prepare the home study report of the
prospective adoptive parents and upon finding them eligible, will refer a
child declared legally free for adoption to them along with the child study
report and medical report of the child, in the manner as provided in the
adoption regulations framed by the Authority.
(3) On the receipt of the acceptance of the child from the prospective adoptive
parents along with the child study report and medical report of the child
signed by such parents, the Specialised Adoption Agency shall give the child
in pre-adoption foster care and file an application in the court for obtaining
the adoption order, in the manner as provided in the adoption regulations
framed by the Authority.
(4) On the receipt of a certified copy of the court order, the Specialised Adoption
Agency shall send immediately the same to the prospective adoptive parents.
(5) The progress and wellbeing of the child in the adoptive family shall be
followed up and ascertained in the manner as provided in the adoption
regulations framed by the Authority.
Comments:
According to this Section:
● Indian prospective adoptive parents living in India, regardless of religion,
can apply to a Specialized Adoption Agency to adopt an orphan, abandoned,
or surrendered child.
● The agency will conduct a home study report on the parents and, if found
eligible, refer a legally free child along with their medical and study report.

● The parents must accept the child, provide reports, and the agency will then
place the child in pre-adoption foster care and file for the adoption order.
● Once the court approves, the agency will provide the parents with a copy of
the court order.
● The child's progress and well-being in the adoptive family will be monitored
according to adoption regulations.
Section 59: Procedure for inter-country adoption of an orphan or abandoned or

surrendered child
(1) If an orphan or abandoned or surrendered child could not be placed with an
Indian or non-resident Indian prospective adoptive parent despite the joint effort of
the Specialised Adoption Agency and State Agency within sixty days from the date
the child has been declared legally free for adoption, such child shall be free for
inter-country adoption: Provided that children with physical and mental disability,
siblings and children above five years of age may be given preference over other
children for such inter-country adoption, in accordance with the adoption
regulations, as may be framed by the Authority.
(2) An eligible non-resident Indian or overseas citizen of India or persons of Indian

origin shall be given priority in inter-country adoption of Indian children.
(3) A non-resident Indian or overseas citizen of India, or person of Indian origin or

a foreigner, who are prospective adoptive parents living abroad, irrespective of
their religion, if interested to adopt an orphan or abandoned or surrendered child
from India, may apply for the same to an authorised foreign adoption agency, or
Central Authority or a concerned Government department in their country of
habitual residence, as the case may be, in the manner as provided in the adoption
regulations framed by the Authority.
(4) The authorised foreign adoption agency, or Central Authority, or a concerned

Government department, as the case may be, shall prepare the home study report
of such prospective adoptive parents and upon finding them eligible, will sponsor
their application to Authority for adoption of a child from India, in the manner as
provided in the adoption regulations framed by the Authority.

(5) On the receipt of the application of such prospective adoptive parents, the
Authority shall examine and if it finds the applicants suitable, then, it will refer the
application to one of the Specialised Adoption Agencies, where children legally
free for adoption are available.
(6) The Specialised Adoption Agency will match a child with such prospective
adoptive parents and send the child study report and medical report of the child to
such parents, who in turn may accept the child and return the child study and
medical report duly signed by them to the said agency.
(7) On receipt of the acceptance of the child from the prospective adoptive parents,
the Specialised Adoption Agency shall file an application in the court for obtaining
the adoption order, in the manner as provided in the adoption regulations framed
by the Authority.
(8) On the receipt of a certified copy of the court order, the specialised adoption
agency shall send immediately the same to Authority, State Agency and to the
prospective adoptive parents, and obtain a passport for the child.
(9) The Authority shall intimate about the adoption to the immigration authorities
of India and the receiving country of the child.
(10) The prospective adoptive parents shall receive the child in person from the
specialised adoption agency as soon as the passport and visa are issued to the
child.
(11) The authorised foreign adoption agency, or Central Authority, or the

concerned Government department, as the case may be, shall ensure the
submission of progress reports about the child in the adoptive family and will be
responsible for making alternative arrangement in the case of any disruption, in
consultation with Authority and concerned Indian diplomatic mission, in the
manner as provided in the adoption regulations framed by the Authority.
(12) A foreigner or a person of Indian origin or an overseas citizen of India, who

has habitual residence in India, if interested to adopt a child from India, may apply

to Authority for the same along with a no objection certificate from the diplomatic
mission of his country in India, for further necessary actions as provided in the
adoption regulations framed by the Authority.
Comment:
● Inter-Country Adoption After 60 Days: If efforts to place an orphan or
abandoned child with Indian or non-resident Indian prospective adoptive
parents fail within 60 days, the child becomes available for inter-country
adoption. Preference may be given to children with disabilities, siblings, and
those above five years old.
● Priority for Non-Resident Indians: Non-resident Indians, overseas citizens
of India, or persons of Indian origin are given priority in inter-country
adoption of Indian children.
● Application Process for Prospective Adoptive Parents Abroad:
Prospective adoptive parents living abroad can apply for adoption through
authorized foreign adoption agencies, Central Authority, or relevant
government departments in their country of residence.
● Home Study Report: The foreign adoption agency or relevant authority
assesses the eligibility of prospective adoptive parents and sponsors their
application to the Authority.
● Referral to Specialized Adoption Agencies: The Authority refers suitable
applicants to Specialized Adoption Agencies where adoptable children are
available.
● Matching Process: The Specialized Adoption Agency matches a child with
prospective adoptive parents and provides them with the child's study and
medical reports for review.
● Court Application for Adoption: Upon acceptance of the child by
prospective adoptive parents, the Specialized Adoption Agency applies to
the court for an adoption order.
● Issuance of Adoption Order and Passport: Upon receiving a certified copy of
the court order, the specialized adoption agency obtains a passport for the
child and informs the Authority and State Agency.
● Immigration Notification: The Authority notifies Indian and receiving
country immigration authorities about the adoption.

● Child Reception: Prospective adoptive parents receive the child in person
once the passport and visa are issued.
● Progress Reports and Disruption: The foreign adoption agency is
responsible for submitting progress reports about the child and making
alternative arrangements in case of disruptions, in consultation with the
Authority and Indian diplomatic missions.
● Adoption by Individuals Residing in India: Foreigners, persons of Indian
origin, or overseas citizens of India residing in India can apply for adoption
through the Authority, along with a no objection certificate from their
country's diplomatic mission in India.
Section 60: Procedure for inter-country relative adoption

(1) A relative living abroad, who intends to adopt a child from his relative in India
shall obtain an order from the court and apply for no objection certificate from
Authority, in the manner as provided in the adoption regulations framed by the
Authority.
(2) The Authority shall on receipt of the order under sub-section (1) and the
application from either the biological parents or from the adoptive parents, issue
no objection certificate under intimation to the immigration authority of India and
of the receiving country of the child.
(3) The adoptive parents shall, after receiving no objection certificate under
sub-section (2), receive the child from the biological parents and shall facilitate the
contact of the adopted child with his siblings and biological parents from time to
time.
Comment:
Section 60 outlines the procedure for inter-country relative adoption in India.
Obtaining Court Order and No Objection Certificate (NOC):

● A relative living abroad who wishes to adopt a child from their relative in
India must first obtain an order from the court.
● They must then apply for a No Objection Certificate (NOC) from the
Authority, following the adoption regulations set forth by the Authority.

Issuance of NOC by the Authority:
● Upon receiving the court order and the application from either the biological
parents or the adoptive parents, the Authority will issue the NOC.
● The Authority will inform both the immigration authority of India and the
receiving country of the child about the issuance of the NOC.
Responsibilities of Adoptive Parents:
● Once they receive the NOC, the adoptive parents are responsible for
receiving the child from the biological parents.
● Additionally, they are required to facilitate contact between the adopted
child and their siblings and biological parents periodically.
Section 61: Court procedure and penalty against payment in consideration of

adoption.
(1) Before issuing an adoption order, the court shall satisfy itself that –
(a) the adoption is for the welfare of the child;
(b) due consideration is given to the wishes of the child having regard to the
age and understanding of the child; and
(c) that neither the prospective adoptive parents has given or agreed to give
nor the specialised adoption agency or the parent or guardian of the child in
case of relative adoption has received or agreed to receive any payment or
reward in consideration of the adoption, except as permitted under the
adoption regulations framed by the Authority towards the adoption fees or
service charge or child care corpus.
(2) The adoption proceedings shall be held in camera and the case shall be
disposed of by the court within a period of two months from the date of filing.
Comment:
This section outlines the court procedure and penalties concerning adoption,
specifically focusing on ensuring the welfare of the child, respecting the child's
wishes, and prohibiting any form of payment or reward except as permitted by
regulations.
● Welfare of the Child: The court must ensure that the adoption is in the best
interest of the child.

● Consideration of Child's Wishes: The court must take into account the
wishes of the child, considering their age and understanding.
● Prohibition of Payment or Reward: Neither the prospective adoptive
parents nor any involved party can give or receive any payment or reward in
consideration of the adoption, except as allowed under adoption regulations.
Permissible payments may include adoption fees, service charges, or
contributions to child care.
● In Camera Proceedings: Adoption proceedings must be conducted in
camera, meaning they are closed to the public to protect the privacy of those
involved.
● Timely Disposition: The court must resolve adoption cases within a period
of two months from the date of filing, ensuring efficient handling of
adoption matters.
Section 62: Additional procedural requirements and documentation

(1) The documentation and other procedural requirements, not expressly provided
in this Act with regard to the adoption of an orphan, abandoned and surrendered
child by Indian prospective adoptive parents living in India, or by non-resident
Indian or overseas citizen of India or person of Indian origin or foreigner
prospective adoptive parents, shall be as per the adoption regulations framed by
the Authority.
(2) The specialised adoption agency shall ensure that the adoption case of
prospective adoptive parents is disposed of within four months from the date of
receipt of application and the authorised foreign adoption agency, Authority and
State Agency shall track the progress of the adoption case and intervene wherever
necessary, so as to ensure that the time line is adhered to.
Comment:
This section outlines additional procedural requirements and documentation for the
adoption process, particularly focusing on the adoption of orphaned, abandoned, or
surrendered children by various categories of prospective adoptive parents in India.
● Documentation and Procedural Requirements: It specifies that the

documentation and procedural requirements for the adoption of orphaned,

abandoned, or surrendered children by Indian prospective adoptive parents
residing in India, as well as non-resident Indians, overseas citizens of India,
persons of Indian origin, or foreign prospective adoptive parents, shall be in
accordance with the adoption regulations formulated by the Authority.
● Timeline for Adoption Process: It mandates that the specialized adoption

agency must ensure that the adoption case of prospective adoptive parents is
concluded within four months from the date of receipt of the application.
Additionally, it requires authorized foreign adoption agencies, the Authority,
and State Agencies to monitor the progress of adoption cases and intervene
as necessary to ensure adherence to the specified timeline.
Section 63: Effect of adoption.

A child in respect of whom an adoption order is issued by the court, shall become
the child of the adoptive parents, and the adoptive parents shall become the parents
of the child as if the child had been born to the adoptive parents, for all purposes,
including intestacy, with effect from the date on which the adoption order takes
effect, and on and from such date all the ties of the child in the family of his or her
birth shall stand severed and replaced by those created by the adoption order in
the adoptive family:
Provided that any property which has vested in the adopted child immediately
before the date on which the adoption order takes effect shall continue to vest in
the adopted child subject to the obligations, if any, attached to the ownership of
such property including the obligations, if any, to maintain the relatives in the
biological family.
Comment:
This section outlines the legal implications of adoption on the child and the
adoptive parents.
● Parental Relationship: Once an adoption order is issued by the court, the
child becomes the legal child of the adoptive parents. The adoptive parents
are recognized as the child's parents in all respects, as if the child had been
born to them biologically.

● Inheritance and Intestacy: The child's status as the legal child of the
adoptive parents extends to matters of inheritance and intestacy. This means
that the child has the same rights of inheritance as if they were the biological
child of the adoptive parents.
● Severing Ties with Birth Family: The legal process of adoption severs all
ties between the child and their birth family. Any legal or familial
connections the child had with their birth family are replaced by the legal
ties created by the adoption order with the adoptive family.
● Property Rights: Any property that the adopted child owned before the
adoption order takes effect continues to belong to the child after adoption.
However, this property may be subject to any existing obligations associated
with it, such as maintenance obligations to relatives in the biological family.
Section 64: Reporting of adoption.

Notwithstanding anything contained in any other law for the time being in force,
information regarding all adoption orders issued by the concerned courts, shall be
forwarded to Authority on monthly basis in the manner as provided in the adoption
regulations framed by the Authority, so as to enable Authority to maintain the data
on adoption.
Comment:
This section outlines the reporting requirements for adoption orders issued by
courts. Despite any conflicting provisions in existing laws, all information
regarding adoption orders must be sent to the relevant authority on a monthly basis.
The process for forwarding this information is specified in the adoption regulations
established by the authority. This ensures that the authority can maintain accurate
data on adoptions.
Section 65: Specialised Adoption Agencies.

(1) The State Government shall recognise one or more institutions or organisations
in each district as a Specialised Adoption Agency, in such manner as may be
provided in the adoption regulations framed by the Authority, for the rehabilitation
of orphan, abandoned or surrendered children, through adoption and
non-institutional care.

(2) The State Agency shall furnish the name, address and contact details of the
Specialised Adoption Agencies along with copies of certificate or letter of
recognition or renewal to Authority, as soon as the recognition or renewal is
granted to such agencies.
(3) The State Government shall get every Specialised Adoption Agency inspected at
least once in a year and take necessary remedial measures, if required.
(4) In case any Specialised Adoption Agency is in default in taking necessary steps
on its part as provided in this Act or in the adoption regulations framed by the
Authority, for getting an orphan or abandoned or surrendered child legally free for
adoption from the Committee or in completing the home study report of the
prospective adoptive parents or in obtaining adoption order from the court within
the stipulated time, such Specialised Adoption Agency shall be punishable with a
fine which may extend up to fifty thousand rupees and in case of repeated default,
the recognition of the Specialised Adoption Agency shall be withdrawn by the State
Government.
Comment:
This section outlines the establishment and operation of Specialised Adoption
Agencies (SAAs) within each district. Here's a breakdown of the key points:
● Recognition of SAAs: Each district must have one or more institutions or
organizations recognized as Specialised Adoption Agencies. These agencies
are responsible for the rehabilitation of orphaned, abandoned, or surrendered
children through both adoption and non-institutional care. The specifics of
this recognition process are determined by adoption regulations set forth by
the Authority.
● Reporting to the Authority: The State Agency is required to provide the
details of the SAAs, including their names, addresses, and contact
information, along with copies of their recognition or renewal certificates to
the Authority as soon as the recognition or renewal is granted.
● Inspection and Remedial Measures: The State Government must conduct
inspections of every SAA at least once a year. If necessary, the government
must take remedial measures to address any deficiencies found during the
inspection.

● Penalties for Non-Compliance: If an SAA fails to fulfill its responsibilities
as outlined in the Act or adoption regulations, such as not completing
necessary paperwork or obtaining court orders within specified timeframes,
it may be subject to fines. The fine can be up to fifty thousand rupees, and
repeated offenses can lead to the withdrawal of the SAA's recognition by the
State Government.
These provisions are aimed at ensuring the proper functioning of SAAs and the
protection of children within the adoption system. They establish accountability
measures for SAAs and provide consequences for non-compliance.
Section 66: Adoption of children residing in institutions not registered as

adoption agencies.
(1) All the institutions registered under this Act, which may not have been
recognised as Specialised Adoption Agencies, shall also ensure that all orphan or
abandoned or surrendered children under their care are reported, produced and
declared legally free for adoption, by the Committee as per the provisions of
section 38.
(2) All institutions referred to in sub-section (1) shall develop formal linkages with
nearby Specialised Adoption Agency and shall furnish details of the children
declared legally free for adoption to that Specialised Adoption Agency along with
all relevant records in the manner as may be prescribed, for the placement of such
children in adoption.
(3) If any such institution contravenes the provisions of sub-section (1) or
sub-section (2), it shall be liable to fine of fifty thousand rupees for each instance
to be imposed by the registering authority and it may also attract de-recognition in
the event of persistent flouting of such provisions.
Comment:
This section of the Adoption Regulations outlines the responsibilities of institutions
that are not recognized as Specialized Adoption Agencies under the Act.
1. Reporting and Declaration: Institutions registered under the Adoption Act,
even if they are not Specialized Adoption Agencies, must ensure that all
orphaned, abandoned, or surrendered children under their care are reported,
produced, and legally declared available for adoption. This declaration

should be made by the Committee as per the provisions of section 38 of the
Act.
2. Formal Linkages: These institutions must establish formal connections
with nearby Specialized Adoption Agencies. They are required to provide
details of children declared legally available for adoption to these agencies,
along with all relevant records, as prescribed. This facilitates the placement
of these children for adoption.
3. Penalties for Non-Compliance: If any institution fails to comply with the
provisions mentioned in subsections (1) or (2), it can be liable to a fine of
fifty thousand rupees for each instance. The registering authority has the
authority to impose this fine. Additionally, persistent non-compliance may
lead to the de-recognition of the institution.
These regulations aim to ensure that all orphaned, abandoned, or surrendered
children are properly processed for adoption and that institutions adhere to the
necessary procedures and standards to facilitate this process.
Section 67: State Adoption Resource Agency.

(1) The State Government shall set up a State Adoption Resource Agency for
dealing with adoptions and related matters in the State under the guidance of
Authority.
(2) The State Agency, wherever already exists, shall be deemed to be set up under
this Act.
Comment:
The State Government will establish a State Adoption Resource Agency to handle
adoptions and related matters under the Authority's guidance, with existing
agencies being included.
Section 68: Central Adoption Resource Authority.

The Central Adoption Resource Agency existing before the commencement of this
Act, shall be deemed to have been constituted as the Central Adoption Resource
Authority under this Act to perform the following functions, namely:—
(a) to promote in-country adoptions and to facilitate inter-State adoptions in

co-ordination with State Agency;

(b) to regulate inter-country adoptions;
(c) to frame regulations on adoption and related matters from time to time as
may be necessary;
(d) to carry out the functions of the Central Authority under the Hague
Convention on Protection of Children and Cooperation in respect of
Inter-country Adoption;
(e) any other function as may be prescribed.
Section 69: Steering Committee of Authority.

(1) The Authority shall have a Steering Committee with following members :
(a) Secretary, Ministry of Women and Child Development, Government of

India, who shall be the Chairperson—ex officio;
(b) Joint Secretary, Ministry of Women and Child Development, Government
of India, dealing with Authority—ex officio;
(c) Joint Secretary, Ministry of Women and Child Development, Government
of India, dealing with Finance—ex officio;
(d) one State Adoption Resource Agency and two Specialised Adoption
Agencies;
(e) one adoptive parent and one adoptee;
(f) one advocate or a professor having at least ten years of experience in
family law;
(g) Member-Secretary, who shall also be Chief Executive Officer of the
organisation.
(2) Criteria for the selection or nomination of the Members mentioned at (d) to (f),
their tenure as well as the terms and conditions of their appointment shall be such
as may be prescribed.
(3) The Steering Committee shall have the following functions, namely:—
(a) to oversee the functioning of Authority and review its working from time
to time so that it operates in most effective manner;
(b) to approve the annual budget, annual accounts and audit reports as well
as the action plan and annual report of Authority;

(c) to adopt the recruitment rules, service rules, financial rules of Authority
as well as the other regulations for the exercise of the administrative and
programmatic powers within the organisation, with the prior approval of the
Central Government;
(d) any other function that may be vested with it by the Central Government
from time to time.
(4) The Steering Committee shall meet once in a month in the manner as may be
prescribed.
(5) The Authority shall function from its headquarter and through its regional
offices as may be set up as per its functional necessity.
Section 70: Powers of Authority.

(1) For the efficient performance of its functions, Authority shall have the
following powers, namely:—
(a) to issue instructions to any Specialised Adoption Agency or a Children
Home or any child care institution housing any orphan, abandoned or
surrendered child, any State Agency or any authorised foreign adoption
agency and such directions shall be complied by such agencies;
(b) recommending to the concerned Government or Authority to take

appropriate action against any official or functionary or institution under its
administrative control, in case of persistent noncompliance of the
instructions issued by it;
(c) forwarding any case of persistent non-compliance of its instructions by

any official or functionary or institution to a Magistrate having jurisdiction
to try the same and the Magistrate to whom any such case is forwarded shall
proceed to hear the same as if the case has been forwarded to him under
section 346 of the Code of Criminal Procedure, 1973 (2 of 1974);
(d) any other power that may be vested with it by the Central Government.

(2) In case of any difference of opinion in an adoption case, including the
eligibility of prospective adoptive parents or of a child to be adopted, the decision
of Authority shall prevail.
Comment:
This section outlines the powers vested in the Authority for the efficient
performance of its functions related to adoption and child care.
● Issuing Instructions: The Authority has the power to issue instructions to
various entities involved in adoption and child care, such as Specialised
Adoption Agencies, Children's Homes, child care institutions, State
Agencies, and authorized foreign adoption agencies. These instructions must
be complied with by the respective agencies.
● Recommendation for Action: If there is persistent non-compliance with the
instructions issued by the Authority, it can recommend to the concerned
government or authority to take appropriate action against the officials,
functionaries, or institutions under its administrative control.
● Forwarding Cases: The Authority can forward cases of persistent
non-compliance of its instructions by any official, functionary, or institution
to a Magistrate having jurisdiction. The Magistrate will then proceed to hear
the case as if it has been forwarded under Section 346 of the Code of
Criminal Procedure, 1973.
● Other Powers: The Authority may also have other powers vested in it by
the Central Government.
Decision-Making Authority: In cases where there is a difference of opinion in an

adoption case, including the eligibility of prospective adoptive parents or a child to
be adopted, the decision of the Authority prevails.
These powers are aimed at ensuring the smooth functioning of adoption processes
and child care institutions, as well as enforcing compliance with regulations and
standards set by the Authority.
Section 71: Annual Report of Authority.

(1) The Authority shall submit an annual report to the Central Government in such
manner as may be prescribed.

(2) The Central Government shall cause the annual report of Authority to be laid
before each House of Parliament.
Comment:
Section 71 of the legislation pertains to the submission of the annual report of the
Authority to the Central Government and its subsequent presentation before each
House of Parliament.
● Submission of Annual Report: The Authority, as specified in the
legislation, is required to prepare an annual report. This report must be
submitted to the Central Government. The manner in which this submission
is made will be determined by the regulations or rules established for this
purpose.
● Presentation to Parliament: Once the annual report is received by the
Central Government, it becomes their responsibility to ensure that the report
is presented before both Houses of Parliament. This is typically done
through formal procedures, which may include tabling the report for
discussion or consideration by members of Parliament.
This section ensures transparency and accountability by requiring the Authority to
report its activities and performance annually to the Central Government, which in
turn ensures that the report is shared with the legislative bodies for oversight and
scrutiny.
Section 72: Grants by Central Government.

(1) The Central Government shall, after due appropriation made by Parliament by
law in this behalf, pay to the Authority by way of grants such sums of money as the
Central Government may think fit for being utilised for performing the functions of
Authority under this Act.
(2) The Authority may spend such sums of money as it thinks fit for performing the
functions, as prescribed under this Act, and such sums shall be treated as
expenditure payable out of the grants referred to in sub-section (1).
Comment:
● The Central Government can provide grants to the Authority for carrying out
its functions under the Act.

● The funds allocated by Parliament can be used by the Authority as needed,
in accordance with the Act's requirements.
● The Authority is responsible for ensuring that the funds are used for their
intended purposes.
Section 73: Accounts and audit of Authority.

(1) The Authority shall maintain proper accounts and other relevant records and
prepare an annual statement of accounts in such form as may be prescribed by the
Central Government in consultation with the Comptroller and Auditor-General of
India.
(2) The accounts of the Authority shall be audited by the Comptroller and
Auditor-General at such intervals as may be specified by him and any expenditure
incurred in connection with such audit shall be payable by the Authority to the
Comptroller and Auditor-General.
(3) The Comptroller and Auditor-General and any person appointed by him in
connection with the audit of the accounts of the Authority under this Act shall, have
the same rights and privileges and the Authority in connection with the audit of
Government accounts and, in particular, shall have the right to demand the
production of books, accounts, connected vouchers and other documents and
papers and to inspect any of the offices of Authority.
(4) The accounts of the Authority as certified by the Comptroller and

Auditor-General or any other person appointed by him in this behalf, together with
the audit report thereon shall be forwarded annually to the Central Government by
the Authority.
(5) The Central Government shall cause the audit report to be laid, as soon as may
be after it is received, before each House of Parliament.
Comment:
● Section 73 of the Authority outlines the requirements for maintaining
accounts and auditing procedures.

● The Authority must keep proper accounts and records and prepare an annual
statement of accounts in the prescribed form.
● The accounts will be audited by the Comptroller and Auditor-General at
specified intervals, with any related expenses being paid by the Authority.
● The audit process will grant the Auditor-General and appointed individuals
the same rights as the Authority regarding government accounts, including
the ability to demand the production of documents and inspect Authority
offices.
● The certified accounts and audit report will be submitted annually to the
Central Government, who will present the audit report to Parliament.
Section 74: Prohibition on disclosure of identity of children.

(1) 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, nor shall the picture of any
such child be published:
Provided that for reasons to be recorded in writing, the Board or Committee,

as the case may be, holding the inquiry may permit such disclosure, if in its
opinion such disclosure is in the best interest of the child.
(2) The Police shall not disclose any record of the child for the purpose of
character certificate or otherwise 1[in the pending case or in the case which] has
been closed or disposed of.
(3) Any person contravening the provisions of sub-section (1) shall be punishable
with imprisonment for a term which may extend to six months or fine which may
extend to two lakh rupees or both.

Comment:
● Section 74 prohibits the disclosure of the identity of children involved in
inquiries, investigations, judicial procedures, or as victims or witnesses of
crimes.
● Media outlets are not allowed to publish any details that may lead to the
identification of the child, including their name, address, or school.
● The police are also restricted from disclosing any records of the child for
character certificates or other purposes.
● Violating these provisions can result in imprisonment for up to six months, a
fine of up to two lakh rupees, or both.
● However, the Board or Committee may permit disclosure if it is deemed to
be in the best interest of the child, with reasons recorded in writing.
Section 75: Punishment for cruelty to child.

Whoever, having the actual charge of, or control over, a child, assaults, abandons,
abuses, exposes or wilfully neglects the child or causes or procures the child to be
assaulted, abandoned, abused, exposed or neglected in a manner likely to cause
such child unnecessary mental or physical suffering, shall be punishable with
imprisonment for a term which may extend to three years or with fine of one lakh
rupees or with both:
Provided that in case it is found that such abandonment of the child by the
biological parents is due to circumstances beyond their control, it shall be
presumed that such abandonment is not wilful and the penal provisions of this
section shall not apply in such cases:
Provided further that if such offence is committed by any person employed by or

managing an organisation, which is entrusted with the care and protection of the
child, he shall be punished with rigorous imprisonment which may extend up to
five years, and fine which may extend up to five lakhs rupees:
Provided also that on account of the aforesaid cruelty, if the child is physically
incapacitated or develops a mental illness or is rendered mentally unfit to perform
regular tasks or has risk to life or limb, such person shall be punishable with

rigorous imprisonment, not less than three years but which may be extended up to
ten years and shall also be liable to fine of five lakhs rupees.
Comment:
This section of the law deals with the punishment for cruelty to a child.
● Actions Covered: The section lists various actions that constitute cruelty
towards a child, including assault, abandonment, abuse, exposure, or willful
neglect.
● Punishment: The punishment for such actions includes imprisonment for up

to three years, a fine of one lakh rupees, or both.
● Exception for Circumstances Beyond Control: If it's found that the

abandonment of the child by the biological parents is due to circumstances
beyond their control, it won't be considered willful abandonment, and the
penal provisions of this section won't apply in such cases.
● Increased Punishment for Offenders Associated with Organizations: If

the offense is committed by a person employed by or managing an
organization entrusted with the care and protection of the child, the
punishment is more severe. It includes rigorous imprisonment for up to five
years and a fine of up to five lakh rupees.
● Aggravated Circumstances: If the cruelty leads to severe consequences

such as physical incapacitation, mental illness, inability to perform regular
tasks, or risk to life or limb, the punishment is even more severe. In such
cases, the offender can face rigorous imprisonment for a minimum of three
years, extendable up to ten years, along with a fine of five lakh rupees.
This section emphasizes the protection of children from any form of cruelty or
neglect, ensuring that those responsible face appropriate legal consequences,
particularly if they're in positions of trust or authority over the child.

Section 76: Employment of child for begging.
(1) Whoever employs or uses any child for the purpose of begging or causes any
child to beg shall be punishable with imprisonment for a term which may extend to
five years and shall also be liable to fine of one lakh rupees:
Provided that, if for the purpose of begging, the person amputates or maims
the child, he shall be punishable with rigorous imprisonment for a term not
less than seven years which may extend up to ten years, and shall also be
liable to fine of five lakh rupees.
(2) Whoever, having the actual charge of, or control over the child, abets the
commission of an offence under sub-section (1), shall be punishable with the same
punishment as provided for in subsection (1) and such person shall be considered
to be unfit under sub-clause (v) of clause (14) of section 2:
Provided that the said child, shall not be considered a child in conflict with law
under any circumstances, and shall be removed from the charge or control of such
guardian or custodian and produced before the Committee for appropriate
rehabilitation.
Comment:
● Prohibition and Punishment for Employing Children for Begging:
○ It is illegal to employ or use any child for the purpose of begging.
○ Anyone found guilty of this offense can be punished with
imprisonment for up to five years and a fine of one lakh rupees.
○ If the person employing the child for begging also amputates or
maims the child for this purpose, the punishment is more severe. The
offender can be sentenced to rigorous imprisonment for a term of
seven to ten years and fined five lakh rupees.
● Abetting the Offense:
○ Individuals who have the actual charge or control over the child and
abet the commission of the offense described in subsection (1) are also
punishable.
○ They face the same punishment as provided for in subsection (1).

● Treatment of the Child:
○ The child involved in begging, regardless of the circumstances, is not
considered a child in conflict with the law.
○ The child must be removed from the custody or control of the
guardian or custodian responsible and brought before a Committee for
appropriate rehabilitation.
This provision aims to protect children from exploitation and abuse by prohibiting
their use for begging and imposing severe penalties on those who engage in such
practices. It also emphasizes the rehabilitation of the child rather than treating them
as a criminal in cases of exploitation.
Section 77: Penalty for giving intoxicating liquor or narcotic drug or

psychotropic substance to a child.
Whoever gives, or causes to be given, to any child any intoxicating liquor or any
narcotic drug or tobacco products or psychotropic substance, except on the order
of a duly qualified medical practitioner, shall be punishable with rigorous
imprisonment for a term which may extend to seven years and shall also be liable
to a fine which may extend up to one lakh rupees.
Comment:
Section 77 states that anyone who gives a child intoxicating liquor, narcotic drugs,
tobacco products, or psychotropic substances without a doctor's orders can face up
to seven years of rigorous imprisonment and a fine of up to one lakh rupees.
Section 78: Using a child for vending, peddling, carrying, supplying or

smuggling any intoxicating liquor, narcotic drug or psychotropic substance.
Whoever uses a child, for vending, peddling, carrying, supplying or smuggling any
intoxicating liquor, narcotic drug or psychotropic substance, shall be liable for
rigorous imprisonment for a term which may extend to seven years and shall also
be liable to a fine up to one lakh rupees.
Comment:
Section 78 states that using a child for selling or transporting drugs or alcohol is
punishable by up to seven years in prison and a fine of up to one lakh rupees.

Section 79: Exploitation of a child employee.
Notwithstanding anything contained in any law for the time being in force,
whoever ostensibly engages a child and keeps him in bondage for the purpose of
employment or withholds his earnings or uses such earning for his own purposes
shall be punishable with rigorous imprisonment for a term which may extend to
five years and shall also be liable to fine of one lakh rupees.
Explanation.--For the purposes of this section, the term "employment" shall also
include selling goods and services, and entertainment in public places for
economic gain.
Comment:
Section 79 addresses the exploitation of child employees, prohibiting anyone from
keeping a child in bondage for work or withholding their earnings. Offenders can
face up to five years of rigorous imprisonment and a fine of one lakh rupees.
Section 80. Punitive measures for adoption without following prescribed

procedures.—If any person or organisation offers or gives or receives, any
orphan, abandoned or surrendered child, for the purpose of adoption without
following the provisions or procedures as provided in this Act, such person or
organisation shall be punishable with imprisonment of either description for a term
which may extend upto three years, or with fine of one lakh rupees, or with both:
Provided in case where the offence is committed by a recognised adoption agency,
in addition to the above punishment awarded to the persons in-charge of, and
responsible for the conduct of the day-to-day affairs of the adoption agency, the
registration of such agency under section 41 and its recognition under section 65
shall also be withdrawn for a minimum period of one year.
Offense Description:
● Offering, giving, or receiving an orphan, abandoned, or surrendered child for
adoption without following prescribed procedures as per the Act.
Punitive Measures:
● Imprisonment: Up to three years of imprisonment.
● Fine: A fine of up to one lakh rupees.

● Combined Penalty: The offender may face either imprisonment or a fine, or
both, depending on the court's discretion.
Additional Penalty for Adoption Agencies:

Withdrawal of Registration and Recognition:
● If a recognized adoption agency is found guilty of the offense, the
individuals in charge and responsible for its day-to-day affairs will face the
prescribed penalties.
● Additionally, the registration of the agency under Section 41 and its
recognition under Section 65 shall be withdrawn for a minimum period of
one year.
Intent of the Provision:

● This provision aims to deter individuals and organizations from engaging in
adoption-related activities without adhering to the legally prescribed
procedures.
● It underscores the seriousness of ensuring compliance with adoption
regulations to safeguard the welfare and rights of orphaned, abandoned, or
surrendered children.
● The inclusion of penalties for both individuals and recognized adoption
agencies emphasizes the importance of accountability and proper conduct in
adoption processes.
Section 81. Sale and procurement of children for any purpose.—Any person who
sells or buys a child for any purpose shall be punishable with rigorous
imprisonment for a term which may extend to five years and shall also be liable to
fine of one lakh rupees:
Provided that where such offence is committed by a person having actual charge of
the child, including employees of a hospital or nursing home or maternity home,
the term of imprisonment shall not be less than three years and may extend up to
seven years.
Scope:
● Criminalizes the sale and purchase of children for any purpose.
● Applies to any person engaging in such transactions.

● Imposes strict penalties including imprisonment and fines.
Policy:
● Child Protection: Ensures the safety and well-being of children by
prohibiting their sale or procurement.
● Legal Deterrence: Imposes significant penalties to deter individuals from

engaging in such heinous acts.
● Protection of Vulnerable Groups: Provides enhanced punishment for those
entrusted with the care of children, such as hospital or nursing home
employees, to prevent abuse of authority and protect vulnerable children.
● Legal Accountability: Holds perpetrators accountable for their actions and
emphasizes the severity of the offense through rigorous imprisonment and
substantial fines.
Section 82. Corporal punishment.—

(1) Any person in-charge of or employed in a child care institution, who subjects a
child to corporal punishment with the aim of disciplining the child, shall be liable,
on the first conviction, to a fine of ten thousand rupees and for every subsequent
offence, shall be liable for imprisonment which may extend to three months or fine
or with both.
(2) If a person employed in an institution referred to in sub-section (1), is convicted

of an offence under that sub-section, such person shall also be liable for dismissal
from service, and shall also be debarred from working directly with children
thereafter.
(3) In case, where any corporal punishment is reported in an institution referred to

in sub-section (1) and the management of such institution does not cooperate with
any inquiry or comply with the orders of the Committee or the Board or court or
State Government, the person in-charge of the management of the institution shall
be liable for punishment with imprisonment for a term not less than three years
and shall also be liable to fine which may extend to one lakh rupees.

Sub-section Provision Penalty
(1) Subjecting a child to > First conviction: Fine of ₹10,000

corporal punishment
> Subsequent convictions: Imprisonment
up to 3 months or fine or both
(2) Conviction under Dismissal from service and barred from
sub-section (1) working directly with children
(3) Failure to cooperate Imprisonment for a minimum of 3 years
with inquiry or comply and fine up to ₹1 lakh
with orders
Intent and Implications:

● Protecting Children: Aims to safeguard children in child care institutions
from physical harm or abuse.
● Deterrence: Imposes strict penalties to deter individuals from using corporal
punishment as a means of discipline.
● Accountability: Holds both individuals and management accountable for
ensuring the safety and well-being of children under their care.
● Legal Compliance: Encourages compliance with regulations and
cooperation with authorities to address instances of corporal punishment
effectively.
Section 83.
Use of child by militant groups or other adults.—(1) Any non-State, self-styled
militant group or outfit declared as such by the Central Government, if recruits or
uses any child for any purpose, shall be liable for rigorous imprisonment for a
term which may extend to seven years and shall also be liable to fine of five lakh
rupees.
(2) Any adult or an adult group uses children for illegal activities either
individually or as a gang shall be liable for rigorous imprisonment for a term
which may extend to seven years and shall also be liable to fine of five lakh rupees.

Non-State Militant Groups Using Children:
Any non-State militant group declared by the Central Government, recruiting or
using children for any purpose, is subject to:
● Rigorous imprisonment for up to seven years.
● Fine of five lakh rupees.
Individuals or Adult Groups Using Children for Illegal Activities:

Any adult or adult group employing children for illegal activities, whether acting
alone or as a gang, faces:
● Rigorous imprisonment for up to seven years.
● Fine of five lakh rupees.
Section 84.
Kidnapping and abduction of child.—For the purposes of this Act, the provisions
of sections 359 to 369 of the Indian Penal Code (45 of 1860), shall mutatis
mutandis apply to a child or a minor who is under the age of eighteen years and all
the provisions shall be construed accordingly.
Section 84 of the Act extends the applicability of certain provisions of the Indian
Penal Code (IPC) to cases involving the kidnapping and abduction of children.
Policy Implications:
● Section 84 serves to harmonize the legal framework governing offenses
related to kidnapping and abduction with the specific context of children.
● By applying relevant provisions of the IPC to cases involving children, the
section ensures that perpetrators of such offenses are held accountable under
the law, and appropriate measures can be taken to safeguard the welfare and
rights of the child victims.
● The provision underscores the importance of addressing crimes against
children with due consideration for their age, vulnerability, and specific
circumstances.
● Overall, Section 84 reflects a legislative intent to provide effective legal
remedies and protections for children who are victims of kidnapping and
abduction, aligning with the broader objectives of the Act to ensure the
well-being and safety of children.

Section 85. Offences committed on disabled children.—Whoever commits any of
the offences referred to in this Chapter on any child who is disabled as so certified
by a medical practitioner, then, such person shall be liable to twice the penalty
provided for such offence.
Explanation.—For the purposes of this Act, the term “disability” shall have the
same meaning as assigned to it under clause (i) of section 2 of the Persons with
Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act,
1995 (1 of 1996).
Section 85 of the Act addresses offenses committed against disabled children,
enhancing the penalties for such offenses.
● Section 85 acknowledges the heightened vulnerability of disabled children to
various forms of harm and recognizes the need for stronger legal safeguards
to protect their rights and well-being.
● By imposing double penalties for offenses committed against disabled
children, the provision serves as a deterrent against perpetrators and
emphasizes the seriousness of such crimes.
● The inclusion of a clear definition of disability ensures uniformity and
clarity in identifying children eligible for the enhanced penalties, facilitating
effective enforcement of the provision.
● Overall, Section 85 reflects a commitment to ensuring the protection and
welfare of disabled children, aligning with the principles of equality, dignity,
and non-discrimination enshrined in both national and international
frameworks for the rights of persons with disabilities.
Section 86. Classification of offences and designated court.—

(1) Where an offence under this Act is punishable with imprisonment for a term of
more than seven years, then, such offence shall be cognizable and non-bailable.
(2) Where an offence under this Act is punishable with imprisonment for a term of
three years and above, but not more than seven years, then, such offence shall be
non-cognizable and non-bailable.

(3) Where an offence, under this Act is punishable with imprisonment for less than
three years or with fine only, then, such offence shall be non-cognizable and
bailable.
(4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973

(2 of 1974) or the Commission for Protection of Child Rights Act, 2005 (4 of 2006)
or the Protection of Children from Sexual Offences Act, 2012 (32 of 2012), offences
under this Act shall be triable by the Children's Court.
Section 86 of the Act outlines the classification of offenses under the Act and
designates the court responsible for their trial. Here's an explanation:
Classification of Offenses:
● Offenses under the Act are classified based on the prescribed punishment:
● Offenses punishable with imprisonment for more than seven years are
cognizable and non-bailable.
● Offenses punishable with imprisonment for three years and above, but not
more than seven years, are non-cognizable and non-bailable.
● Offenses punishable with imprisonment for less than three years or with fine
only are non-cognizable and bailable.
This classification determines the severity of the offenses and the corresponding
legal procedures applicable to them.
Designated Court:
Offenses under the Act are triable by the Children's Court, regardless of any
provisions in the Code of Criminal Procedure, 1973, the Commission for
Protection of Child Rights Act, 2005, or the Protection of Children from Sexual
Offences Act, 2012.
This provision ensures that cases related to offenses against children are heard and
adjudicated in specialized courts equipped to handle such sensitive matters.

Explanation and Policy Implications:
Section 86 establishes a clear framework for the classification of offenses under the
Act based on their severity, ensuring appropriate legal treatment for each category
of offense.
By designating the Children's Court as the competent authority for trying offenses
under the Act, the provision underscores the importance of specialized handling of
cases involving children, considering their unique vulnerabilities and needs.
The classification of offenses and the designation of the Children's Court

contribute to the effective enforcement of the Act, promoting swift justice and the
protection of children's rights.
Overall, Section 86 reflects a comprehensive approach to addressing offenses

against children, emphasizing the need for tailored legal procedures and
specialized judicial mechanisms to ensure the proper adjudication of such cases.
Section 87. Abetment.—Whoever abets any offence under this Act, if the act
abetted is committed in consequence of the abetment, shall be punished with the
punishment provided for that offence.
Explanation.—For the purposes of this section, the expression “abetment” shall

have the same meaning as assigned to it in Section 107 of the Indian Penal Code
(45 of 1860).
Abetment of any offense under this Act is punishable if the abetted act is
committed as a result of the abetment.
Explanation: - The term "abetment" in this section carries the same meaning as
defined in Section 107 of the Indian Penal Code (45 of 1860).
Punishment:
Punishment for abetment will be as per the punishment provided for the offense
abetted.

Section 88. Alternative punishment.—Where an act or omission constitutes an
offence punishable under this Act and also under any other law for the time being
in force, then, notwithstanding anything contained in any such law, the offender
found guilty of such offence shall be liable for punishment under such law which
provides for punishment which is greater in degree.
Section 89. Offence committed by child under this Chapter.—Any child who
commits any offence under this Chapter shall be considered as a child in conflict
with law under this Act.
CHAPTER X
MISCELLANEOUS
Section 90. Attendance of parent or guardian of child.—The Committee or the

Board, as the case may be, before which a child is brought under any of the
provisions of this Act, may, whenever it so thinks fit, require any parent or
guardian having the actual charge of the child to be present at any proceeding in
respect of that child.
Section 91. Dispensing with attendance of child.—

(1) If, at any stage during the course of an inquiry, the Committee or the Board is
satisfied that the attendance of the child is not essential for the purpose of inquiry,
the Committee or the Board, as the case may be, shall dispense with the attendance
of a child and limit the same for the purpose of recording the statement and
subsequently, the inquiry shall continue even in the absence of the child concerned,
unless ordered otherwise by the Committee or the Board.
(2) Where the attendance of a child is required before the Board or the Committee,
such child shall be entitled to travel reimbursement for self and one escort
accompanying the child as per actual expenditure incurred, by the Board, or the
Committee or the District Child Protection Unit, as the case may be.
The provision outlined in Section 91 of the Act allows for the dispensing with the
attendance of a child during an inquiry if the Committee or the Board determines

that the child's presence is not essential for the inquiry's purpose. Here's a brief
explanation along with the underlying policy:
Dispensing with Attendance:

● If, at any stage of an inquiry, the Committee or the Board finds that the
child's presence is unnecessary, they have the authority to excuse the child
from further attendance.
● However, the inquiry will continue, focusing on recording the child's
statement and conducting necessary investigations, even in the child's
absence.
Purpose of the Provision:

● The provision aims to streamline the inquiry process by avoiding
unnecessary delays caused by requiring the child's attendance when it is not
essential.
● It ensures that the inquiry can progress efficiently, focusing on gathering
relevant information and evidence to make informed decisions.
● Promotes Efficiency: By allowing the dispensing with the child's
attendance when not essential, the provision promotes efficiency in the
inquiry process, avoiding unnecessary disruptions.
● Protects Child's Interest: While allowing for dispensing with attendance,
the provision ensures that the child's rights and interests are safeguarded by
allowing their statement to be recorded and considered in the inquiry.
● Ensures Access: The provision also ensures access to justice by allowing
for travel reimbursement if the child's attendance is required, mitigating
financial barriers that may hinder their participation.
Section 92. Placement of a child suffering from disease requiring prolonged

medical treatment in an approved place.—When a child, who has been brought
before the Committee or the Board, is found to be suffering from a disease
requiring prolonged medical treatment or physical or mental complaint that will
respond to treatment, the Committee or the Board, as the case may be, may send

the child to any place recognised as a fit facility as prescribed for such period as it
may think necessary for the required treatment.
Scope:
● This section pertains to the placement of children who are brought before the
Committee or Board and are diagnosed with diseases necessitating
prolonged medical treatment or physical/mental conditions that can be
treated.
● It delineates the authority of the Committee or Board to decide on the
appropriate placement of such children for receiving necessary medical care.
Purpose:
● The primary objective is to ensure that children with medical needs receive
proper and timely treatment.
● It aims to safeguard the health and well-being of children under the
jurisdiction of the Committee or Board by facilitating access to suitable
medical facilities.
Section 93. Transfer of a child who is mentally ill or addicted to alcohol or other
drugs.—
(1) Where it appears to the Committee or the Board that any child kept in a special
home or an observation home or a Children’s Home or in an institution in
pursuance of the provisions of this Act, is a mentally ill person or addicted to
alcohol or other drugs which lead to behavioural changes in a person, the
Committee or the Board, may order removal of such child to a psychiatric hospital
or psychiatric nursing home in accordance with the provisions of the Mental
Health Act, 1987 (14 of 1987) or the rules made thereunder.
(2) In case the child had been removed to a psychiatric hospital or psychiatric
nursing home under sub-section (1), the Committee or the Board may, on the basis
of the advice given in the certificate of discharge of the psychiatric hospital or
psychiatric nursing home, order to remove such child to an Integrated
Rehabilitation Centre for Addicts or similar centres maintained by the State
Government for mentally ill persons (including the persons addicted to any

narcotic drug or psychotropic substance) and such removal shall be only for the
period required for the inpatient treatment of such child.
Explanation.—For the purposes of this sub-section,—
(a) “Integrated Rehabilitation Centre for Addicts” shall have the meaning
assigned to it under the scheme called “Central Sector Scheme of Assistance
for Prevention of Alcoholism and Substance (Drugs) Abuse and for Social
Defence Services” framed by the Central Government in the Ministry of
Social Justice and Empowerment or any other corresponding scheme for the
time being in force;
(b) “mentally ill person” shall have the same meaning assigned to it in
clause (l) of section 2 of the Mental Health Act, 1987 (14 of 1987);
(c) “psychiatric hospital” or “psychiatric nursing home” shall have the
same meaning assigned to it in clause (q) of section 2 of the Mental Health
Act, 1987 (14 of 1987).
Identification of Children with Mental Illness or Addiction:

If it comes to the attention of the Committee or Board overseeing child welfare
facilities that a child housed in special homes, observation homes, or similar
institutions under the relevant Child Welfare Act is mentally ill or addicted to
alcohol or drugs causing behavioral changes, they may take action.
Transfer to Psychiatric Facilities:

The Committee or Board is empowered to order the transfer of such children to
psychiatric hospitals or psychiatric nursing homes as per the provisions of the
Mental Health Act, 1987, and its associated rules.
Subsequent Transfer to Rehabilitation Centers:

● Upon receiving a certificate of discharge from the psychiatric hospital or
nursing home, the Committee or Board may further transfer the child to
Integrated Rehabilitation Centers for Addicts or similar
government-maintained centers.
● This transfer is specifically for inpatient treatment and rehabilitation of the
child.

Explanation of Terms:
● Integrated Rehabilitation Centre for Addicts: Defined as per the Central
Sector Scheme of Assistance for Prevention of Alcoholism and Substance
Abuse and for Social Defence Services, or any equivalent scheme.
● Mentally ill Person: Defined as per clause (l) of section 2 of the Mental
Health Act, 1987.
● Psychiatric Hospital or Psychiatric Nursing Home: Defined as per clause
(q) of section 2 of the Mental Health Act, 1987.
Section 94. Presumption and determination of age.—

(1) Where, it is obvious to the Committee or the Board, based on the appearance of
the person brought before it under any of the provisions of this Act (other than for
the purpose of giving evidence) that the said person is a child, the Committee or
the Board shall record such observation stating the age of the child as nearly as
may be and proceed with the inquiry under section 14 or section 36, as the case
may be, without waiting for further confirmation of the age.
(2) In case, the Committee or the Board has reasonable grounds for doubt
regarding whether the person brought before it is a child or not, the Committee or
the Board, as the case may be, shall undertake the process of age determination, by
seeking evidence by obtaining:
(i) the date of birth certificate from the school, or the matriculation or
equivalent certificate from the concerned examination Board, if available;
and in the absence thereof;
(ii) the birth certificate given by a corporation or a municipal authority or a
panchayat;
(iii) and only in the absence of (i) and (ii) above, age shall be determined by
an ossification test or any other latest medical age determination test
conducted on the orders of the Committee or the Board:
Provided such age determination test conducted on the order of the
Committee or the Board shall be completed within fifteen days from the date
of such order.
(3) The age recorded by the Committee or the Board to be the age of person so
brought before it shall, for the purpose of this Act, be deemed to be the true age of
that person.

Observation of Child's Age:
The section outlines the process for presuming and determining the age of
individuals brought before the Committee or Board under the Act:
Presumption of Age:
If it's obvious based on appearance that the individual is a child, the
Committee or Board records their observation of the child's age and
proceeds with the inquiry without further confirmation.
Doubtful Cases:
● If there are doubts about the individual's age, the Committee or Board
initiates an age determination process.
● They seek evidence such as birth certificates from school or authorities. If
unavailable, an ossification test or other medical age determination tests may
be ordered.
Timeline for Tests:

Tests ordered by the Committee or Board must be completed within fifteen days
from the date of the order.
Recorded Age Deemed True:

The age recorded by the Committee or Board is considered the true age of the
individual for the purposes of the Act.
Section 95. Transfer of a child to place of residence.—

(1) If during the inquiry it is found that a child hails from a place outside the
jurisdiction, the Board or Committee, as the case may be, shall, if satisfied after
due inquiry that it is in the best interest of the child and after due consultation with
the Committee or the Board of the child’s home district, order the transfer of the
child, as soon as possible, to the said Committee or the Board, along with relevant
documents and following such procedure as may be prescribed:
Provided that such transfer can be made in case of a child in conflict with
law, only after the inquiry has been completed and final order passed by the
Board:

Provided further that in case of inter-State transfer, the child shall be, if
convenient, handed over to the Committee or the Board, as the case may be,
of the home district of the child, or to the Committee or the Board in the
capital city of the home State.
(2) Once the decision to transfer is finalised, the Committee or Board, as the case
may be, shall give an escort order to the Special Juvenile Police Unit to escort the
child, within fifteen days of receiving such order:
Provided that a girl child shall be accompanied by a woman police officer:
Provided further that where a Special Juvenile Police Unit is not available,
the Committee or Board, as the case may be, shall direct the institution
where the child is temporarily staying or District Child Protection Unit, to
provide an escort to accompany the child during travel.
(3) The State Government shall make rules to provide for travelling allowance to
the escorting staff for the child, which shall be paid in advance.
(4) The Committee or the Board, as the case may be, receiving the transferred child
will process for restoration or rehabilitation or social re-integration, as provided
in this Act.
The section addresses the transfer of a child to their place of residence when it is
found during an inquiry that the child hails from a location outside the jurisdiction.
Here's a brief explanation and analysis of the section along with its policy
implications:
Transfer Procedure:
● If it's determined during the inquiry that the child is from a place outside the
jurisdiction, the Board or Committee conducts a due inquiry to ascertain
whether it's in the best interest of the child to be transferred.
● Consultation with the Committee or Board of the child’s home district is
mandatory to ensure informed decision-making.
● The transfer must adhere to prescribed procedures and include relevant
documents.

Provisions for Children in Conflict with Law:
● For children in conflict with the law, the transfer can only occur after the
completion of the inquiry and the finalization of the order by the Board.
● In the case of inter-State transfer, preference is given to handing over the
child to the Committee or Board of the child's home district or to the
Committee or Board in the capital city of the home State for convenience.
Escort Arrangements:
● Once the decision to transfer is finalized, the Committee or Board issues an
escort order to the Special Juvenile Police Unit within fifteen days.
● Special considerations are given for the escort of girl children, mandating
the presence of a woman police officer.
● In cases where a Special Juvenile Police Unit is unavailable, alternative
arrangements are made through the institution where the child is staying or
the District Child Protection Unit.
● The section prioritizes the best interest of the child in deciding whether to
transfer them to their place of residence.
● It ensures coordination and consultation between different authorities to
facilitate informed decisions regarding the transfer.
● Special provisions for escorting ensure the safety and comfort of the child
during travel.
● The provision for traveling allowance reflects the commitment to supporting
the escorting staff involved in the child's transfer.
● Upon receiving the transferred child, the Committee or Board is responsible
for further processing, which may include restoration, rehabilitation, or
social reintegration, aligning with the Act's objectives of child welfare and
protection.
Section 96. Transfer of child between Children’s Homes, or special homes or fit
facility or fit person in different parts of India.—
(1) The State Government may at any time, on the recommendation of a Committee
or Board, as the case may be, notwithstanding anything contained in this Act, and

keeping the best interest of the child in mind, order the child’s transfer from any
Children’s Home or special home or fit facility or fit person, to a home or facility,
within the State with prior intimation to the concerned Committee or the Board:
Provided that for transfer of a child between similar home or facility or person
within the same district, the Committee or Board, as the case may be, of the said
district shall be competent to issue such an order.
(2) If transfer is being ordered by a State Government to an institution outside the

State, this shall be done only in consultation with the concerned State Government.
(3) The total period of stay of the child in a Children’s Home or a special home
shall not be increased by such transfer.
(4) Orders passed under sub-sections (1) and (2) shall be deemed to be operative
for the Committee or the Board, as the case may be, of the area to which the child
is sent.
State Government Authority:

State Government, based on Committee or Board recommendation and in the
child's best interest, may order transfer:
● From any Children’s Home, special home, fit facility, or fit person to another
home or facility within the State.
● Between similar facilities within the same district, with competent authority
from the district Committee or Board.
Inter-State Transfer:
● If transferring a child to an institution outside the State:
● Consultation with the concerned State Government is mandatory.
Duration of Stay:
Total stay duration in Children’s Home or special home should not increase due to
transfer.
Operative Orders:
Orders issued under this section are operative for the Committee or Board of the
area where the child is transferred.

● State Government Discretion: Grants State Government authority, upon
Committee or Board recommendation, to order transfers, ensuring the child's
best interest.
● Inter-State Transfer Protocol: Requires consultation with the concerned
State Government for transfers outside the State, ensuring cooperation and
adherence to protocols.
● Stay Duration Control: Prevents undue prolongation of a child's stay in
institutional care due to transfer, safeguarding their rights and well-being.
● Operative Orders: Clarifies that orders issued for transfer are effective for
the receiving Committee or Board, ensuring smooth transition and continuity
of care for the child.
Section 97. Release of a child from an institution.—

(1) When a child is kept in a Children’s Home or special home, on a report of a
probation officer or social worker or of Government or a voluntary or
nongovernmental organisation, as the case may be, the Committee or the Board
may consider, the release of such child, either absolutely or on such conditions as
it may think fit to impose, permitting the child to live with parents or guardian or
under the supervision of any authorised person named in the order, willing to
receive and take charge, educate and train the child, for some useful trade or
calling or to look after the child for rehabilitation:
Provided that if a child who has been released conditionally under this
section, or the person under whose supervision the child has been placed,
fails to fulfil such conditions, the Board or Committee may, if necessary,
cause the child to be taken charge of and to be placed back in the concerned
home.
(2) If the child has been released on a temporary basis, the time during which the
child is not present in the concerned home in pursuance of the permission granted
under sub-section (1) shall be deemed to be part of the time for which the child is
liable to be kept in the children or special home:
Provided that in case of a child in conflict with law fails to fulfil the
conditions set by the Board as mentioned in sub-section (1), the time for
which he is still liable to be kept in the institution shall be extended by the
Board for a period equivalent to the time which lapses due to such failure.

Steps Description
Child Kept in Based on a report from a probation officer, social
Children’s Home or worker, government, or voluntary/nongovernmental
Special Home organisation
Committee or Board Considers absolute release or release with conditions as
Considers Release it deems fit to impose
Release Conditions If conditions are imposed,
child may live with parents, guardian, or an authorised
person willing to receive and care for the child
Conditional Release If conditions are not met, Board or Committee may take
Failure the child back to the institution
Temporary Release If released temporarily, time away is considered part of
the institutional stay duration
Extension for Child in If child in conflict with the law fails to meet conditions,
Conflict with Law Board may extend institutional stay period
Release Consideration:
● When a child is in a Children’s Home or special home based on a report

from a probation officer, social worker, or authorized entity:
○ Committee or Board may consider releasing the child:
■ Absolutely or with imposed conditions.
■ Permitting the child to live with parents, guardian, or under the
supervision of an authorized person.
■ Willing to care for, educate, train, or rehabilitate the child.
Conditional Release:
● If released conditionally:
○ If conditions are not fulfilled by the child or the supervising person,
the Committee or Board may:
■ Take the child back into the concerned home if necessary.

Temporary Release Consideration:
● If the child is released temporarily:
○ Time away from the home under permission is considered part of the
institutional stay duration.
○ In case of a child in conflict with the law failing to meet conditions:
■ Board may extend the institutional stay period equivalent to the
time lost due to failure.
● Customized Release Plans: Allows Committees or Boards to tailor release
plans based on the child's situation and the supervising entity's willingness
and capacity.
● Supervisory Oversight: Ensures conditions set for release are met, with
provisions for re-institutionalization if necessary, safeguarding the child's
well-being.
● Consideration of Time Away: Acknowledges time spent away from the
institution under permission as part of the institutional stay, maintaining
clarity in stay duration calculations.
● Accountability: Holds accountable those responsible for supervising the
child's release, with measures to address non-compliance effectively.
● Rehabilitation Focus: Emphasizes rehabilitation and integration efforts,
aiming to provide children with conducive environments for growth and
development outside institutional settings.
Section 98. Leave of absence to a child placed in an institution.—
(1) The Committee or the Board, as the case may be, may permit leave of absence
to any child, to allow him, on special occasions like examination, marriage of
relatives, death of kith or kin or accident or serious illness of parent or any
emergency of like nature, under supervision, for a period generally not exceeding
seven days in one instance, excluding the time taken in journey.
(2) The time during which a child is absent from an institution where he is placed,
in pursuance of such permission granted under this section, shall be deemed to be

part of the time for which he is liable to be kept in the Children’s Home or special
home.
(3) If a child refuses, or has failed to return to the Children’s Home or special
home, as the case may be, on the leave period being exhausted or permission being
revoked or forfeited, the Board or Committee may, if necessary, cause him to be
taken charge of and to be taken back to the concerned home:
Provided that when a child in conflict with law has failed to return to the
special home on the leave period being exhausted or on permission being
revoked or forfeited, the time for which he is still liable to be kept in the
institution shall be extended by the Board for a period equivalent to the time
which lapses due to such failure.
Section 98 outlines provisions regarding the leave of absence for children placed in
institutions, such as Children’s Homes or special homes.
Here's a breakdown of the section:
Granting Leave:
● The Committee or Board overseeing the institution has the authority to grant
leave of absence to a child for specific occasions, such as exams, family
events like marriages or deaths, or emergencies like accidents or serious
illnesses of parents.
● The leave period is typically limited to seven days per instance, excluding
travel time, and the child is supervised during this period.
Treatment of Absence:
The time during which a child is absent from the institution under the granted leave
is considered part of their stay at the Children’s Home or special home. This means
that the child remains under the jurisdiction of the institution during the leave
period.
Failure to Return:
● If a child fails to return to the institution after the leave period expires or if
permission is revoked or forfeited, the Committee or Board may take
necessary action to ensure the child's return.

● In the case of a child in conflict with the law, if they fail to return to the
special home after their leave period ends or if permission is revoked or
forfeited, the Board may extend their stay in the institution by a period
equivalent to the time lost due to their failure to return.

● The section recognizes the importance of maintaining family connections
and allowing children placed in institutions to participate in important family
events or emergencies.
● It balances the child's need for temporary absence with the responsibility of
the institution to ensure their safety and supervision.
● By treating the leave period as part of the child's stay at the institution, it
ensures continuity in their care and accountability for their whereabouts.
● The provision for extending the stay of children in conflict with the law who
fail to return after leave periods aims to discourage absconding and ensure
compliance with institutional rules.
● Overall, the section reflects a policy approach that values the welfare and
rights of children while also maintaining the structure and discipline
necessary for their care and rehabilitation within institutional settings.
Section 99. Reports to be treated as confidential.—

(1) All reports related to the child and considered by the Committee or the Board
shall be treated as confidential:
Provided that the Committee or the Board, as the case may be, may, if it so
thinks fit, communicate the substance thereof 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.
(2) Notwithstanding anything contained in this Act, the victim shall not be denied
access to their case record, orders and relevant papers.
Section 99 pertains to the confidentiality of reports related to the child considered

by the Committee or Board, along with provisions regarding access to case records
by the victim. Here's a breakdown of the section:

Confidentiality of Reports:
● All reports concerning the child that are considered by the Committee or
Board are to be treated as confidential. This ensures the privacy and
protection of the child's information.
● However, there's a provision allowing the Committee or Board to
communicate the substance of these reports to another Committee or Board,
the child, or the child's parent or guardian if deemed necessary. This allows
for transparency and fairness in decision-making processes.
● Moreover, the Committee or Board may provide an opportunity for relevant
parties to produce evidence related to the matter stated in the report. This
ensures that all relevant information is considered during the
decision-making process.
Access for Victims:

Despite the general confidentiality of reports, victims are entitled to access their
case record, orders, and relevant papers. This provision ensures that victims have
access to information regarding their case and can exercise their rights within the
legal framework.

● The section underscores the importance of maintaining confidentiality
regarding reports related to the child to protect their privacy and prevent any
potential harm or stigma.
● However, it also recognizes the need for transparency and fairness by
allowing limited communication of report substance to relevant parties and
providing opportunities for them to present evidence.
● By granting victims access to their case records and relevant papers, the
section ensures transparency and empowers victims to participate in the
legal process concerning their case.
● Overall, the section strikes a balance between confidentiality and
transparency, safeguarding the child's interests while ensuring accountability
and fairness in decision-making processes within the framework of the Act.

Section 100. Protection of action taken in good faith.—No suit, prosecution or
other legal proceeding shall lie against the Central Government, or the State
Government or any person acting under the directions of the Central Government
or State Government, as the case may be, in respect of anything which is done in
good faith or intended to be done in pursuance of this Act or of any rules or
regulations made thereunder.
Immunity Clause:
● The provision grants immunity from legal proceedings to:
● The Central Government,
● The State Government, and
● Any person acting under their directions.
Scope of Immunity:
The immunity covers actions taken or intended to be taken:
● In good faith, and
● Pursuant to the provisions of the Act or any rules or regulations made under
it.
Exemption from Legal Proceedings:

● No suit, prosecution, or other legal proceeding can be initiated against the
entities mentioned above for their actions taken in good faith in compliance
with the Act or related regulations.
Intent of the Clause:

● The clause aims to provide protection to governmental bodies and their
officials from legal challenges arising from their actions carried out in
accordance with the Act's provisions.
● It encourages officials to perform their duties without fear of personal
liability, ensuring the smooth implementation of the Act's provisions.
Note: This section shields the Central and State Governments, along with their
officials, from legal repercussions for actions undertaken in good faith while
executing the mandates of the Act or its associated rules and regulations.

Section 101. Appeals.—
(1) Subject to the provisions of this Act, any person aggrieved by an order made by
the Committee or the Board under this Act may, within thirty days from the date of
such order, prefer an appeal to the Children’s Court, except for decisions by the
Committee related to Foster Care and Sponsorship After Care for which the appeal
shall lie with the District Magistrate:
Provided that the Court of Sessions, or the District Magistrate, as the case
may be, may entertain the appeal after the expiry of the said period of thirty
days, if it is satisfied that the appellant was prevented by sufficient cause
from filing the appeal in time and such appeal shall be decided within a
period of thirty days.
(2) An appeal shall lie against an order of the Board passed after making the
preliminary assessment into a heinous offence under section 15 of the Act, before
the Court of Sessions and the Court may, while deciding the appeal, take the
assistance of experienced psychologists and medical specialists other than those
whose assistance has been obtained by the Board in passing the order under the
said section.
(3) No appeal shall lie from any order of acquittal made by the Board in respect of
a child alleged to have committed an offence other than the heinous offence by a
child who has completed or is above the age of sixteen years.
(4) No second appeal shall lie from any order of the Court of Session, passed in
appeal under this section.
(5) Any person aggrieved by an order of the Children’s Court may file an appeal
before the High Court in accordance with the procedure specified in the Code of
Criminal Procedure, 1973 (2 of 1974).
(6) Any person aggrieved by an adoption order passed by the District Magistrate
may, within a period of thirty days from the date of such order passed by the
District Magistrate, file an appeal before the Divisional Commissioner.

(7) Every appeal filed under sub-section (6), shall be decided as expeditiously as
possible and an endeavour shall be made to dispose it within a period of four
weeks from the date of filing of the appeal:
Provided that where there is no Divisional Commissioner, the State
Government or Union territory Administration, as the case may be, may, by
notification, empower an officer equivalent to the rank of the Divisional
Commissioner to decide the appeal.
Appellate Authority:
● Any person aggrieved by an order made by the Committee or the Board
under this Act has the right to appeal.
● The appellate authority depends on the nature of the order and the specific
provisions of the Act.
Time Limit for Filing Appeal:

● The appeal must be filed within thirty days from the date of the order.
● However, the Court of Sessions or the District Magistrate may entertain
appeals after the thirty-day period if satisfied with sufficient cause for the
delay.
Appeal Against Orders Related to Heinous Offences:

● An appeal against an order of the Board made after assessing a heinous
offence under section 15 lies before the Court of Sessions.
● The Court of Sessions may seek assistance from psychologists and medical
specialists during the appeal process.
Restriction on Appeal from Acquittal:

● No appeal lies from any order of acquittal made by the Board regarding a
child alleged to have committed an offence other than a heinous offence if
the child has completed or is above sixteen years old.
Second Appeal Prohibition:

● No second appeal is allowed from any order of the Court of Session passed
in appeal under this section.

Appeal to High Court:
● Any person aggrieved by an order of the Children’s Court may file an appeal
before the High Court following the procedure specified in the Code of
Criminal Procedure, 1973.
Appeal Against Adoption Order:

● Any person aggrieved by an adoption order passed by the District Magistrate
may file an appeal before the Divisional Commissioner within thirty days
from the date of the order.
● The appeal should be decided expeditiously, preferably within four weeks.
● If no Divisional Commissioner exists, an officer equivalent to the rank may
be empowered by the State Government or Union Territory Administration
to decide the appeal through notification.
This section outlines the appellate process for different types of orders under the
Act, providing a mechanism for review and redressal of grievances.
Section 102. Revision.—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
prejudicial to any person without giving him a reasonable opportunity of
being heard.
Definition: Revision refers to the process by which the High Court reviews the
legality or propriety of an order passed by any Committee, Board, Children's
Court, or regular court.
Authority: The High Court holds the power to initiate revision proceedings either
on its own motion or upon receiving an application.
Purpose: The main objective of revision is to ensure that the orders passed by
lower authorities are in accordance with the law and principles of propriety.

Procedure:
● The High Court calls for the record of the proceeding in question to examine
the order.
● It evaluates the legality and propriety of the order based on the available
record.
● The High Court may then pass appropriate orders concerning the matter
under review.
Scope: Revision applies to orders passed by various bodies such as Committees,
Boards, Children's Courts, and regular Courts.
Principle of Natural Justice: Before passing any order prejudicial to any person,
the High Court must provide them with a reasonable opportunity to be heard.
Conclusion: Revision by the High Court serves as a mechanism to ensure justice

and fairness in legal proceedings by reviewing the orders passed by lower
authorities.
[Note: Revision by the High Court allows for a re-examination of orders to ensure
their legality and propriety, safeguarding the principles of justice and fairness.]
Section 103. Procedure in inquiries, appeals and revision proceedings.—

(1) Save as otherwise expressly provided by this Act, a Committee or a Board while
holding any inquiry under any of the provisions of this Act, shall follow such
procedure as may be prescribed and subject thereto, shall follow, as far as may be,
the procedure laid down in the Code of Criminal Procedure, 1973 (2 of 1974) for
trial of summons cases.
(2) Save as otherwise expressly provided by or under this Act, the procedure to be
followed in hearing appeals or revision proceedings under this Act shall be, as far
as practicable, in accordance with the provisions of the Code of Criminal
Procedure, 1973 (2 of 1974).
Section 103 outlines the procedure to be followed in inquiries, appeals, and

revision proceedings under the Act. Here's an explanation of the section:

Procedure in Inquiries:
● When conducting any inquiry under the Act, a Committee or Board must
follow the procedure prescribed by the Act.
● In the absence of specific provisions in the Act, the Committee or Board
must adhere to the procedure laid down in the Code of Criminal Procedure,
1973 (CrPC), particularly for the trial of summons cases.
● This ensures that inquiries are conducted systematically and fairly, with due
regard for legal procedures and principles of natural justice.
Procedure in Appeals and Revision Proceedings:

● Similarly, the procedure to be followed in hearing appeals or revision
proceedings under the Act should, as far as practicable, align with the
provisions of the Code of Criminal Procedure, 1973 (CrPC).
● This provision ensures consistency and uniformity in the conduct of appeals
and revision proceedings, enhancing the efficiency and effectiveness of the
legal process.

● Section 103 aims to provide clarity and guidance regarding the procedural
aspects of inquiries, appeals, and revision proceedings under the Act.
● By referencing the Code of Criminal Procedure, 1973 (CrPC), the section
ensures that the legal framework established for criminal proceedings is
adapted and applied appropriately to the context of child welfare and
protection.
● Adherence to established legal procedures helps safeguard the rights of all
parties involved in inquiries, appeals, and revision proceedings, promoting
transparency, fairness, and accountability.
● The provision reflects a commitment to upholding due process and
procedural justice in the administration of child welfare laws, contributing to
the overall integrity and credibility of the legal system in matters concerning
children's rights and well-being.
Section 104. Power of the Committee or the Board to amend its own orders.—(1)
Without prejudice to the provisions for appeal and revision contained in this Act,
the Committee or the Board may, on an application received in this behalf, amend

any orders passed by itself, as to the institution to which a child is to be sent or as
to the person under whose care or supervision a child is to be placed under this
Act:
Provided that during the course of hearing for amending any such orders,
there shall be at least two members of the Board of which one shall be the
Principal Magistrate and at least three members of the Committee and all
persons concerned, or their authorised representatives, whose views shall be
heard by the Committee or the Board, as the case may be, before the said
orders are amended.
(2) Clerical mistakes in orders passed by the Committee or the Board or errors
arising therein from any accidental slip or omission 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.
Scope:
● Amendment Authority: The Committee or Board can amend its own orders
regarding the placement of children in institutions or under supervision.
● Subjects for Amendment: Orders related to the institution where a child is
to be sent or the designated caregiver/supervisor.
● Procedural Requirements:
○ At least two Board members, including one Principal Magistrate, and
at least three Committee members must be present during the hearing
for amending orders.
○ All concerned parties or their authorized representatives must have
their views heard before the orders are amended.
● Correction of Errors: Clerical mistakes or errors in orders can be corrected
by the Committee or Board either voluntarily or upon receiving an
application.
● Flexibility: Allows for necessary adjustments in orders to ensure the welfare
and best interests of the children.
● Transparency: Requires the involvement of relevant members and
concerned parties during the amendment process.

● Efficiency: Enables timely correction of errors to maintain the integrity and
effectiveness of the orders.
Section 105. Juvenile justice fund.—

(1) The State Government may create a fund in such name as it thinks fit for the
welfare and rehabilitation of the children dealt with under this Act.
(2) There shall be credited to the fund such voluntary donations, contributions or
subscriptions as may be made by any individual or organisation.
(3) The fund created under sub-section (1) shall be administered by the
Department of the State Government implementing this Act in such manner and for
such purposes as may be prescribed.
Scope of Juvenile Justice Fund:

● Creation by State Government: Authorized to establish a fund for the
welfare and rehabilitation of children under the Act.
● Source of Funding: Funded by voluntary donations, contributions, or
subscriptions from individuals and organizations.
● Administration: Managed by the State Government's Department
implementing the Act.
Policy Summary:
● Objective: Support welfare and rehabilitation of children under the Act.
● Funding: Relies on voluntary donations and contributions.
● Administration: Handled by the relevant State Government Department as
per prescribed regulations.
Section 106. State Child Protection Society and District Child Protection
Unit.—Every State Government shall constitute a Child Protection Society for the
State and Child Protection Unit for every District, consisting of such officers and
other employees as may be appointed by that Government, to take up matters
relating to children with a view to ensure the implementation of this Act, including
the establishment and maintenance of institutions under this Act, notification of
competent authorities in

relation to the children and their rehabilitation and co-ordination with various
official and non-official agencies concerned and to discharge such other functions
as may be prescribed.
Mandatory Establishment: Every State Government is required to set up a CPS

for the state and a CPU for every district.
Composition: Comprising appointed officers and employees designated by the
State Government.
Objectives:
● Ensure the effective implementation of the Child Protection Act.
● Manage matters concerning children, including the operation of institutions
under the Act.
● Notify competent authorities regarding children and their rehabilitation.
● Coordinate with relevant official and non-official agencies.
Additional Functions: Responsible for performing other duties as prescribed by
regulations.
Section 107. Child Welfare Police Officer and Special Juvenile Police Unit.—
(1) In every police station, at least one officer, not below the rank of assistant
sub-inspector, with aptitude, appropriate training and orientation may be
designated as the child welfare police officer to exclusively deal with children
either as victims or perpetrators, in co-ordination with the police, voluntary and
non-governmental organisations.
(2) To co-ordinate all functions of police related to children, the State Government
shall constitute Special Juvenile Police Units in each district and city, headed by a
police officer not below the rank of a Deputy Superintendent of Police or above
and consisting of all police officers designated under subsection (1) and two social
workers having experience of working in the field of child welfare, of whom one
shall be a woman.
(3) All police officers of the Special Juvenile Police Units shall be provided special
training, especially at induction as child welfare police officer, to enable them to
perform their functions more effectively.

(4) Special Juvenile Police Unit also includes Railway police dealing with
children.
Section 107 establishes provisions for the appointment of Child Welfare Police
Officers and the formation of Special Juvenile Police Units. Here's a breakdown of
the section:
Appointment of Child Welfare Police Officer:

● Each police station must designate at least one officer, not below the rank of
assistant sub-inspector, as the Child Welfare Police Officer.
● This officer should possess aptitude, appropriate training, and orientation to
exclusively handle cases involving children, whether as victims or
perpetrators.
● The role of the Child Welfare Police Officer involves coordination with the
police, voluntary organizations, and non-governmental organizations to
ensure the welfare of children.
Formation of Special Juvenile Police Units:

● The State Government is mandated to constitute Special Juvenile Police
Units in each district and city.
● These units are headed by a police officer not below the rank of a Deputy
Superintendent of Police or above.
● The Special Juvenile Police Units consist of all police officers designated as
Child Welfare Police Officers under subsection (1) and two social workers
with experience in child welfare, one of whom must be a woman.
● This provision ensures a multidisciplinary approach to handling cases
involving children, with representation from both law enforcement and
social work fields.
Training for Special Juvenile Police Units:

● All police officers in the Special Juvenile Police Units must undergo special
training, especially upon induction as Child Welfare Police Officers.
● This training aims to equip them with the necessary skills and knowledge to
effectively perform their functions concerning children's welfare.

Inclusion of Railway Police:
● The Special Juvenile Police Units also include Railway police officers
responsible for dealing with cases involving children in railway-related
incidents.
● This ensures that children's welfare is addressed comprehensively, including
in contexts such as railway travel.

● Section 107 reflects the recognition of the unique needs and vulnerabilities
of children within the criminal justice system.
● Designating Child Welfare Police Officers and establishing Special Juvenile
Police Units underscores the importance of specialized training and expertise
in handling cases involving children.
● The inclusion of social workers in the Special Juvenile Police Units
emphasizes the importance of a holistic approach to child welfare,
recognizing the intersectionality of social issues affecting children.
● Specialized training for police officers ensures that they are equipped with
the necessary skills and knowledge to handle cases involving children
sensitively and effectively.
● The provision for Railway police inclusion ensures that children's welfare is
addressed in diverse contexts, reflecting a comprehensive approach to child
protection within the legal framework.
Section 108. Public awareness on provisions of Act.—The Central Government

and every State
Government, shall take necessary measures to ensure that—
(a) the provisions of this Act are given wide publicity through media
including television, radio and print media at regular intervals so as to make
the general public, children and their parents or guardians aware of such
provisions;
(b) the officers of the Central Government, State Government and other
concerned, persons are imparted periodic training on the matters relating to
the implementation of the provisions of this Act.

The provision on public awareness regarding the Act mandates both the Central
Government and every State Government to take necessary measures to ensure
that:
(a) Wide Publicity:

● The provisions of the Act must be widely publicized through various media
channels, including television, radio, and print media, at regular intervals.
● The aim is to ensure that the general public, children, and their parents or
guardians are made aware of the provisions of the Act. This promotes
awareness and understanding of the rights and protections afforded to
children under the law.
(b) Training for Officers and Concerned Persons:

● Periodic training programs must be conducted for officers of the Central
Government, State Government, and other relevant individuals.
● These training sessions focus on matters relating to the implementation of
the provisions of the Act. By keeping officers and concerned persons
informed and updated, the effective enforcement and application of the Act
can be ensured.

● The provision underscores the importance of public awareness and training
in the effective implementation of the Act.
● Public awareness campaigns play a crucial role in informing individuals
about their rights and responsibilities under the Act, as well as the avenues
available for seeking assistance or redressal.
● Training programs for officers and relevant personnel enhance their
understanding of the Act's provisions and equip them with the necessary
skills to handle cases involving children sensitively and effectively.
● By ensuring widespread awareness and knowledge of the Act, as well as
providing ongoing training for stakeholders, the provision aims to strengthen
child protection mechanisms and promote the well-being of children across
the country.

Section 109. Monitoring of implementation of Act.—
(1) The National Commission for Protection of Child Rights constituted under
section 3, or as the case may be, the State Commission for Protection of Child
Rights constituted under section 17 (herein referred to as the National Commission
or the State Commission, as the case may be), of the Commissions for Protection of
Child rights Act, 2005 (4 of 2006), shall, in addition to the functions assigned to
them under the said Act, also monitor the implementation of the provisions of this
Act, in such manner, as may be prescribed.
(2) The National Commission or, as the case may be, the State Commission, shall,
while inquiring into any matter relating to any offence under this Act, have the
same powers as are vested in the National Commission or the State Commission
under the Commissions for Protection of Child Rights Act, 2005 (4 of 2006).
(3) The National Commission or, as the case may be, the State Commission, shall
also include its activities under this section, in the annual report referred to in
section 16 of the Commissions for Protection of Child Rights Act, 2005 (4 of 2006).
Section 109 outlines the provisions for monitoring the implementation of the Act
and empowering the National Commission for Protection of Child Rights
(NCPCR) and State Commissions for Protection of Child Rights (SCPCRs) in this
regard. Here's an explanation of the section:
Monitoring Responsibility:
● The National Commission for Protection of Child Rights (NCPCR) or the
State Commission for Protection of Child Rights (SCPCR), as applicable, is
tasked with monitoring the implementation of the provisions of the Act.
● This responsibility is in addition to the functions assigned to them under the
Commissions for Protection of Child Rights Act, 2005.
Powers of Inquiry:
● The NCPCR or SCPCR, while inquiring into any matter related to an offense
under this Act, possesses the same powers vested in them under the
Commissions for Protection of Child Rights Act, 2005.

● This empowers the commissions to conduct thorough investigations into
violations of the Act and take appropriate actions.
Inclusion in Annual Report:

● The activities undertaken by the NCPCR or SCPCR under this section are
required to be included in their annual report, as specified in section 16 of
the Commissions for Protection of Child Rights Act, 2005.
● This ensures transparency and accountability in the monitoring process, as
the commissions are mandated to report on their activities regarding the
implementation of the Act.

● Section 109 underscores the importance of monitoring and evaluating the
effectiveness of the Act in protecting children's rights and welfare.
● By entrusting this responsibility to the NCPCR and SCPCRs, which are
statutory bodies mandated to safeguard child rights, the section ensures
dedicated oversight and accountability.
● The provision granting powers of inquiry to the commissions enables them
to conduct thorough investigations into offenses under the Act, facilitating
the enforcement of its provisions.
● Including activities related to the Act's implementation in the annual report
enhances transparency and facilitates the review of the commissions'
performance in fulfilling their monitoring responsibilities.
● Overall, section 109 reflects a commitment to ensuring robust monitoring
mechanisms for the effective implementation of the Act and the protection
of children's rights.
Section 110. Power to make rules.—

(1) The State Government shall, by notification in the Official Gazette, make rules
to carry out the purposes of this Act:
Provided that the Central Government may, frame model rules in respect of
all or any of the matters with respect to which the State Government is
required to make rules and where any such model rules have been framed in
respect of any such matter, they shall apply to the State mutatis mutandis

until the rules in respect of that matter are made by the State Government
and while making any such rules, they conform to such model rules.
(2) In particular, and without prejudice to the generality of the foregoing powers,
such rules may provide for all or any of the following matters, namely:—
(i) manner of inquiry in case of a missing or run away child or whose
parents cannot be found under sub-clause (vii) of clause (14) of section 2;
(ii) responsibilities of the Child Welfare Officer attached to a Children’s

Home under clause (17) of section 2;
(iii) qualifications of the members of the Board under sub-section (2) of

section 4;
(iv) induction training and sensitisation of all members of the Board under
(v) term of office of the members of the Board and the manner in which such
member may resign under sub-section (6) of section 4;
(vi) time of the meetings of the Board and the rules of procedure in regard to
the transaction of business at its meeting under sub-section (1) of section 7;
(vii) qualifications, experience and payment of fees of an interpreter or

translator under clause (d) of sub-section (3) of section 8;
(viii) any other function of the Board under clause (n) of sub-section (3) of
section 8;
(ix) persons through whom any child alleged to be in conflict with law may
be produced before the Board and the manner in which such a child may be
sent to an observation home or place of safety under sub-section (2) of
section 10;
(x) manner in which a person apprehended and not released on bail by the
officer-in-charge of the police station may be kept in an observation home

until such person is brought before a Board under sub-section (2) of section
12;
(xi) format for information on pendency in the Board to the Chief Judicial
Magistrate or the Chief Metropolitan Magistrate and District Magistrate on
quarterly basis under sub-section (3) of section 16;
(xii) monitoring procedures and list of monitoring authorities under

(xiii) manner in which the relevant records of the child may be destroyed by
the Board, police or the court under sub-section (2) of section 24;
(xiv) qualifications of the members of the Child Welfare Committee under

(xiva) the form of report submitted to the District Magistrate under

sub-section (8) of Section 27;
(xv) rules and procedures with regard to transaction of business at the

meetings of the Child Welfare Committee under sub-section (1) of section
28;
(xvi) process of restoration of abandoned or lost children to their families
under clause (x) of section 30;
(xvii) manner of submitting the report to the Committee and the manner of
sending and entrusting the child to Children’s Home or fit facility or fit
person under sub-section (2) of section 31;
(xviii) manner of holding an inquiry by the Child Welfare Committee under

(xix) manner in which a child may be sent to a Specialised Adoption Agency

if the child is below six years of age, Children’s Home or to a fit facility or
person or foster family, till suitable means of rehabilitation are found for the

child including manner in which situation of the child placed in a Children’s
Home or with a fit facility or person or foster family, may be reviewed by the
Committee under sub-section (3) of section 36;
(xx) manner in which a quarterly report may be submitted by the Committee

to the District Magistrate for review of pendency of cases under sub-section
(4) of section 36;
(xxi) any other order related to any other function of the Committee under
clause (iii) of sub-section (2) of section 37;
(xxii) information to be given every month by the Committee to State Agency

and Authority regarding number of children declared legally free for
adoption and number of cases pending under sub-section (5) of section 38;
(xxiia) the form of quarterly report regarding restored, dead and runaway
children under sub-section (4) of Section 40;
(xxiii) manner in which all institutions under this Act shall be registered
under sub-section (1) of section 41;
(xxiv) procedure for cancelling or withholding registration of an institution

that fails to provide rehabilitation and re-integration services under
(xxv) manner in which information shall be sent every month by the open
shelter to the District Child Protection Unit and Committee under
(xxvi) procedure for placing children in foster care including group foster
care under sub-section (1) of section 44;
(xxvii) procedure for inspection of children in foster care under sub-section

(4) of section 44;

(xxviii) manner in which foster family shall provide education, health and
nutrition to the child under sub-section (6) of section 44;
(xxix) procedure and criteria in which foster care services shall be provided
to children under subsection (7) of section 44;
(xxx) format for inspection of foster families by the Committee to check the
well being of children under sub-section (8) of section 44;
(xxxi) purpose of undertaking various programmes of sponsorship of

children, such as individual to individual sponsorship, group sponsorship or
community sponsorship under sub-section (1) of section 45;
(xxxii) duration of sponsorship under sub-section (3) of section 45;
(xxxiii) manner of providing financial support to any child leaving

institutional care on completing eighteen years of age under section 46;
(xxxiv) management and monitoring of observation homes, including the

standards and various types of services to be provided by them for
rehabilitation and social integration of a child alleged to be in conflict with
law and the circumstances under which, and the manner in which, the
registration of an observation home may be granted or withdrawn under
(xxxv) management and monitoring of special homes including the standards

and various types of services to be provided to them under sub-section (2)
and sub-section (3) of section 48;
(xxxvi) monitoring and management of children’s homes including the

standards and the nature of services to be provided by them, based on
individual care plans for each child under sub-section (3) of section 50;
(xxxvii) manner in which a Board or the Committee shall recognise, a

facility being run by a Governmental organisation or a voluntary or

non-governmental organisation registered under any law for the time being
in force, fit to temporarily take the responsibility of a child for a specific
purpose after due inquiry regarding the suitability of the facility and the
organisation to take care of the child under sub-section (1) of section 51;
(xxxviii) procedure of verification of credentials, for recognising any person

fit to temporarily receive a child for care, protection and treatment of such
child for a specified period by the Board or the Committee under sub-section
(1) of section 52;
(xxxix) manner in which services shall be provided by an institution under

this Act for rehabilitation and re-integration of children and standards for
basic requirements such as food, shelter, clothing and medical attention
(xl) manner in which Management Committee shall be set up by each

institution for management of the institution and monitoring of the progress
of every child under sub-section (2) of section 53;
(xli) activities that may be taken up by children’s committees under

(xlii) appointment of inspection committees for all institutions registered or

recognised fit, for the State and district under sub-section (1) of section 54;
(xliii) manner in which Central Government or State Government may

independently evaluate the functioning of the Board, Committee, special
juvenile police units, registered institutions, or recognised fit facilities and
persons, including the period and through persons or institutions under
(xliv) manner in which institutions shall furnish details of children declared

legally free for adoption to the Specialised Adoption Agency under

(xlv) any other function of the Authority under clause (e) of section 68;
(xlvi) criteria for the selection or nomination of the Members of the Steering
Committee of the Authority and their tenure as well as the terms and
conditions of their appointment under sub-section (2) of section 69;
(xlvii) manner in which Steering Committee of the Authority shall meet

(xlviii) manner in which the Authority shall submit an annual report to the
Central Government under sub-section (1) of section 71;
(xlix) functions of the Authority under sub-section (2) of section 72;
(l) manner in which the Authority shall maintain proper accounts and other
relevant records and prepare an annual statement of accounts under
(li) period that the Committee or Board may think necessary for the
treatment of children who are found to be suffering from a disease requiring
prolonged medical treatment or physical or mental complaint that will
respond to treatment to a fit facility under section 92;
(lii) procedure for transfer of child under sub-section (1) of section 95;
(liii) provision for travelling allowance to the escorting staff for the child
(liv) procedure to be followed by the Committee or a Board while holding

any inquiry, appeal or revision under sub-section (1) of section 103;
(lv) manner in which juvenile justice fund shall be administered under


(lvi) functioning of the Child Protection Society for the State and Child
Protection Units for every district under section 106;
(lvii) to enable the National Commission, or as the case may be, the State
Commission to monitor implementation of the provisions of this Act under
(lviii) any other matter which is required to be, or may be, prescribed.
(3) Every rule and every regulation made under this Act shall be laid, as soon as
may be after it is made, before each House of Parliament, while it is in session, for
a total period of thirty days which may be comprised in one session or in two or
more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in
making any modification in the rule or regulation or both Houses agree that the
rule or regulation should not be made, the rule or regulation shall thereafter have
effect only in such modified form or be of no effect, as the case may be; so,
however, that any such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule or regulation.
(4) Every rule made by the State Government under this Act shall be laid, as soon
as may be after it is made, before the State Legislature.
Section 111. Repeal and savings.—

(1) The Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of
2000) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under
the said Acts shall be deemed to have been done or taken under the
corresponding provisions of this Act.

Section 112. Power to remove difficulties.—
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central
Government may, by order, not inconsistent with the provisions of this Act, remove
the difficulty:
Provided that no such order shall be made after the expiry of the period of
two years from the commencement of this Act.
(2) However, order made under this section shall be laid, as soon as may be after it
is made, before each House of Parliament.
Section 112 of the Act grants power to the Central Government to address any
difficulties that may arise in implementing the provisions of the Act.
Here's an explanation of the section:
Power to Remove Difficulties:

If any difficulty arises in giving effect to the provisions of the Act, the Central
Government is authorized to issue orders to remove such difficulties.
These orders must be consistent with the provisions of the Act and are intended to
facilitate the smooth implementation of its provisions.
Time Limit for Issuing Orders:

● The Central Government is empowered to issue orders to remove difficulties
within a period of two years from the commencement of the Act.
● This time limit ensures timely resolution of any challenges encountered
during the initial implementation phase of the Act.
Requirement for Parliamentary Scrutiny:

● Any order issued under this section must be laid before each House of
Parliament as soon as possible after it is made.
● This requirement ensures transparency and parliamentary oversight, as
orders issued to address difficulties in implementing the Act are subject to
scrutiny by the legislative body.

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THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN)

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By providing a comprehensive framework for the care and protection of children,

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1. Short title, extent, commencement and application. -

2. Definitions.—In this Act, unless the context otherwise requires,—

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(iv) who is mentally ill or mentally or physically challenged or suffering

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15 Child Friendly Refers to behavior, conduct, or treatment that is

19. Children’s Home Established by the State Government or NGOs to

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27. Fit Facility A facility run by governmental or registered

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Section 3 General principles to be followed in administration of Act. - The

(v) Principle of family responsibility. - The primary responsibility of care, nurture

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(viii) Principle of non-stigmatising semantics. - Adversarial or accusatory words

(x) Principle of equality and non-discrimination. - There shall be no

(xii) Principle of institutionalisation as a measure of last resort. - A child shall be

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(xvi) Principles of natural justice. - Basic procedural standards of fairness shall

Section 4. Juvenile Justice Board. -

(2) A Board shall consist of a Metropolitan Magistrate or a Judicial Magistrate of

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(iii) fails to attend [minimum] three-fourths of the sittings in a year; or

Section 4 - Formation of Juvenile Justice Boards:

Composition of the Board:

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Qualifications for Social Workers:

Ineligibility Criteria for Board Members:

Term of Office and Resignation:

Grounds for Termination:

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Section 5 - Continuation of Inquiry Beyond Eighteen Years:

Section 6 Placement of persons, who committed an offence, when person was

Section 7:- Procedure in relation to Board. -

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Section 7 - Board Meetings and Procedures:

● The Board holds meetings at prescribed times and follows specified

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Section 8.:- Powers, functions and responsibilities of the Board. -

(3) The functions and responsibilities of the Board shall include -

(d) wherever necessary the Board shall provide an interpreter or translator,

(e) directing the Probation Officer, or in case a Probation Officer is not

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(f) adjudicate and dispose of cases of children in conflict with law in

(g) transferring to the Committee, matters concerning the child alleged to be

(j) conducting at least one inspection visit every month of residential

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