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The Juvenile Justice (Care and Protection of Children) Act, 2015
The Juvenile Justice (Care and Protection of Children) Act, 2015
Sections
1. Short title, extent, commencement and application.
Section 12. Definitions.
Section 23. General principles to be followed in administration of Act.
Section 34. Juvenile Justice Board.
Section 45. Placement of person, who cease to be a child during process of inquiry.
Section 56. Placement of persons, who committed an offence, when person was below the age of eighteen years.
Section 67. Procedure in relation to Board.
Section 78. Powers, functions and responsibilities of the Board.
Section 89. Procedure to be followed by a Magistrate who has not been empowered under this Act.
Section 910. Apprehension of child alleged to be in conflict with law.
Section 1011. Role of person in whose charge child in conflict with law is placed.
Section 1112. Bail to a person who is apparently a child alleged to be in conflict with law.
Section 1213. Information to parents, guardian or probation officer.
Section 1314. Inquiry by Board regarding child in conflict with law.
Section 1415. Preliminary assessment into heinous offences by Board.
Section 1516. Review of pendency of inquiry.
Section 1617. Orders regarding a child not found to be in conflict with law.
Section 1718. Orders regarding child found to be in conflict with law.
Section 1819. Powers of Children's Court.
Section 1920. Child attained age of twenty-one years and yet to complete prescribed term of stay in place of safety.
Section 2021. Order that may not be passed against a child in conflict with law.
Section 21
Chapter VIII
22. Proceeding under Chapter VIII of the Code of Criminal Procedure not to apply against child.
Section 2223. No joint proceedings of child in conflict with law and person not a child.
Section 2324. Removal of disqualification on the findings of an offence.
Section 2425. Special provision in respect of pending cases.
Section 2526. Provision with respect of run away child in conflict with law.
Section 2627. Child Welfare Committee.
Section 2728. Procedure in relation to Committee.
Section 2829. Powers of Committee.
Section 2930. Functions and responsibilities of Committee.
Section 3031. Production before Committee.
Section 3132. Mandatory reporting regarding a child found separated from guardian.
Section 3233. Offence of non-reporting.
Section 3334. Penalty for non-reporting.
Section 3435. Surrender of children.
Section 3536. Inquiry.
Section 3637. Orders passed regarding a child in need of care and protection.
Section 3738. Procedure for declaring a child legally free for adoption.
Section 3839. Process of rehabilitation and social reintegration.
Section 3940. Restoration of child in need of care and protection.
Section 4041. Registration of child care institutions.
Section 4142. Penalty for non-registration of child care institutions.
Section 4243. Open shelter.
Section 4344. Foster care.
Section 4445. Sponsorship.
Section 4546. After care of children leaving child care institution.
Section 4647. Observation homes.
Section 4748. Special homes.
Section 4849. Place of safety.
Section 4950. Children's Home.
Section 5051. Fit facility.
Section 5152. Fit person.
Section 5253. Rehabilitation and reintegration services in institutions registered under this Act and management thereof.
Section 5354. Inspection of institutions registered under this Act.
Section 5455. Evaluation of functioning of structures.
Section 5556. Adoption.
Section 5657. Eligibility of prospective adoptive parents.
Section 5758. Procedure for adoption by Indian prospective adoptive parents living in India.
Section 5859. Procedure for inter-country adoption of an orphan or abandoned or surrendered child.
Section 5960. Procedure for inter-country relative adoption.
Section 6061. Court procedure and penalty against payment in consideration of adoption.
Section 6162. Additional procedural requirements and documentation.
Section 6263. Effect of adoption.
Section 6364. Reporting of adoption.
Section 6465. Specialised Adoption Agencies.
Section 6566. Adoption of children residing in institutions not registered as adoption agencies.
Section 6667. State Adoption Resource Agency.
Section 6768. Central Adoption Resource Authority.
Section 6869. Steering Committee of Authority.
Section 6970. Powers of Authority.
Section 7071. Annual Report of Authority.
Section 7172. Grants by Central Government.
Section 7273. Accounts and audit of Authority.
Section 7374. Prohibition on disclosure of identity of children.
Section 7475. Punishment for cruelty to child.
Section 7576. Employment of child for begging.
Section 7677. Penalty for giving intoxicating liquor or narcotic drug or psychotropic substance to a child.
Section 7778. Using a child for vending, peddling, carrying, supplying or smuggling any intoxicating liquor, narcotic drug or psychotropic substance.
Section 7879. Exploitation of a child employee.
Section 7980. Punitive measures for adoption without following prescribed procedures.
Section 8081. Sale and procurement of children for any purpose.
Section 8182. Corporal punishment.
Section 8283. Use of child by militant groups or other adults.
Section 8384. Kidnapping and abduction of child.
Section 8485. Offences committed on disabled children.
Section 8586. Classification of offences and designated court.
Section 8687. Abetment.
Section 8788. Alternative punishment.
Section 8889. Offence committed by child under this Chapter.
Section 8990. Attendance of parent or guardian of child.
Section 9091. Dispensing with attendance of child.
Section 9192. Placement of a child suffering from disease requiring prolonged medical treatment in an approved place.
Section 9293. Transfer of a child who is mentally ill or addicted to alcohol or other drugs.
Section 9394. Presumption and determination of age.
Section 9495. Transfer of a child to place of residence.
Section 9596. Transfer of child between Children's Homes, or special homes or fit facility or fit person in different parts of India.
Section 9697. Release of a child from an institution.
Section 9798. Leave of absence to a child placed in an institution.
Section 9899. Reports to be treated as confidential.
Section 99100. Protection of action taken in good faith.
Section 100101. Appeals.
Section 101102. Revision.
Section 102103. Procedure in inquiries, appeals and revision proceedings.
Section 103104. Power of the Committee or the Board to amend its own orders.
Section 104105. Juvenile justice fund.
Section 105106. State Child Protection Society and District Child Protection Unit.
Section 106107. Child Welfare Police Officer and Special Juvenile Police Unit.
Section 107108. Public awareness on provisions of Act.
Section 108109. Monitoring of implementation of Act.
Section 109110. Power to make rules.
Section 110111. Repeal and savings.
Section 111112. Power to remove difficulties.
Section 112
juvenile-justice-care-and-protection-of-children-act-2015.json
•
112 Sections
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India (Central)
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"slug": "juvenile-justice-care-and-protection-of-children-act-2015",
"title": "The Juvenile Justice (Care and Protection of Children) Act, 2015",
"short_title": "The Juvenile Justice (Care and Protection of Children) Act, 2015",
"act_number": "(Act No. 2 of 2016)",
"act_year": 2015,
"act_type": "CENTRAL",
"location": "India (Central)",
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"description": "The Juvenile Justice (Care and Protection of Children) Act, 2015",
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"title": "2. Definitions.",
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"content": "(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;\n(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;\n(3) \"adoption regulations\" means the regulations framed by the Authority and notified by the Central Government in respect of adoption;\n(4) \"administrator\" means any district official not below the rank of Deputy Secretary to the State, on whom magisterial powers have been conferred;\n(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;\n(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;\n(7) \"Authority\" means the Central Adoption Resource Authority constituted under section 68;\n(8) \"begging\" means-\n(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;\n(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;\n(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;\n(10) \"Board\" means a Juvenile Justice Board constituted under section 4;\n(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);\n(12) \"child\" means a person who has not completed eighteen years of age;\n(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;\n(14) \"child in need of care and protection\" means a child-\n(i) who is found without any home or settled place of abode and without any ostensible means of subsistence; or\n(ii) who is found working in contravention of labour laws for the time being in force or is found begging, or living on the street; or\n(iii) who resides with a person (whether a guardian of the child or not) and such person-\n(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\n(b) has threatened to kill, injure, exploit or abuse the child and there is a reasonable likelihood of the threat being carried out; or\n(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\n(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\n(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\n(vi) who does not have parents and no one is willing to take care of, or whose parents have abandoned or surrendered him; or\n(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\n(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\n(ix) who is found vulnerable and is likely to be inducted into drug abuse or trafficking; or\n(x) who is being or is likely to be abused for unconscionable gains; or\n(xi) who is victim of or affected by any armed conflict, civil unrest or natural calamity; or\n(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;\n(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;\n(16) \"child legally free for adoption\" means a child declared as such by the Committee after making due inquiry under section 38;\n(17) \"Child Welfare Officer\" means an officer attached to a Children's Home, for carrying out the directions given by the Committee or, as the case may be, the Board with such responsibility as may be prescribed;\n(18) \"Child Welfare Police Officer\" means an officer designated as such under sub-section (1) of section 107;\n(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;\n(20) \"Children's Court\" means a court established under the Commissions for Protection of Child Rights Act, 2005 or a Special Court under the Protection of Children from Sexual Offences Act, 2012, wherever existing and where such courts have not been designated, the Court of Sessions having jurisdiction to try offences under the Act;\n(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;\n(22) \"Committee\" means Child Welfare Committee constituted under section 27;\n(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;\n(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;\n(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;\n(26) \"District Child Protection Unit\" means a Child Protection Unit for a District, established by the State Government under section 106, which is the focal point to ensure the implementation of this Act and other child protection measures in the district;\n(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;\n(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;\n(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;\n(30) \"foster family\" means a family found suitable by the District Child Protection Unit to keep children in foster care under section 44;\n(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;\n(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;\n(33) \"heinous offences\" includes the offences for which the minimum punishment under the Indian Penal Code or any other law for the time being in force is imprisonment for seven years or more;\n(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;\n(35) \"juvenile\" means a child below the age of eighteen years;\n(36) \"narcotic drug\" and \"psychotropic substance\" shall have the meanings, respectively, assigned to them in the Narcotic Drugs and Psychotropic Substances Act, 1985;\n(37) \"no objection certificate\" for inter-country adoption means a certificate issued by the Central Adoption Resource Authority for the said purpose;\n(38) \"non-resident Indian\" means a person who holds an Indian passport and is presently residing abroad for more than one year;\n(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;\n(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;\n(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;\n(42) \"orphan\" means a child-\n(i) who is without biological or adoptive parents or legal guardian; or\n(ii) whose legal guardian is not willing to take, or capable of taking care of the child;\n(43) \"overseas citizen of India\" means a person registered as such under the Citizenship Act, 1955;\n(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;\n(45) \"petty offences\" includes the offences for which the maximum punishment under the Indian Penal Code or any other law for the time being in force is imprisonment up to three years;\n(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, the person in-charge of which is willing 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;\n(47) \"prescribed\" means prescribed by rules made under this Act;\n(48) \"probation officer\" means an officer appointed by the State Government as a probation officer under the Probation of Offenders Act, 1958 or the Legal-cum-Probation Officer appointed by the State Government under District Child Protection Unit;\n(49) \"prospective adoptive parents\" means a person or persons eligible to adopt a child as per the provisions of section 57;\n(50) \"public place\" shall have the same meaning assigned to it in the Immoral Traffic (Prevention) Act, 1956;\n(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;\n(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;\n(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;\n(54) \"serious offences\" includes the offences for which the punishment under the Indian Penal Code or any other law for the time being in force, is imprisonment between three to seven years;\n(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;\n(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;\n(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;\n(58) \"sponsorship\" means provision of supplementary support, financial or otherwise, to the families to meet the medical, educational and developmental needs of the child;\n(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;\n(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;\n(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.\nChapter II\nGeneral Principles of Care and Protection of Children",
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"number": "3",
"title": "3. General principles to be followed in administration of Act.",
"chapter": null,
"content": "(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.\n(ii) Principle of dignity and worth. - All human beings shall be treated with equal dignity and rights.\n(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.\n(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.\n(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.\n(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.\n(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.\n(viii) Principle of non-stigmatising semantics. - Adversarial or accusatory words are not to be used in the processes pertaining to a child.\n(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.\n(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.\n(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.\n(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.\n(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.\n(xiv) Principle of fresh start. - All past records of any child under the Juvenile Justice system should be erased except in special circumstances.\n(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.\n(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.\nChapter III\nJuvenile Justice Board",
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"number": "4",
"title": "4. Juvenile Justice Board.",
"chapter": null,
"content": "(i) has any past record of violation of human rights or child rights;\n(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;\n(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;\n(iv) has ever indulged in child abuse or employment of child labour or any other violation of human rights or immoral act.\n(i) has been found guilty of misuse of power vested under this Act; or\n(ii) fails to attend the proceedings of the Board consecutively for three months without any valid reason; or\n(iii) fails to attend less than three-fourths of the sittings in a year; or\n(iv) becomes ineligible under sub-section (4) during his term as a member.",
"footnote": "",
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{
"number": "5",
"title": "5. Placement of person, who cease to be a child during process of inquiry.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 4
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{
"number": "6",
"title": "6. Placement of persons, who committed an offence, when person was below the age of eighteen years.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 5
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{
"number": "7",
"title": "7. Procedure in relation to Board.",
"chapter": null,
"content": "",
"footnote": "",
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{
"number": "8",
"title": "8. Powers, functions and responsibilities of the Board.",
"chapter": null,
"content": "(a) ensuring the informed participation of the child and the parent or guardian, in every step of the process;\n(b) ensuring that the child's rights are protected throughout the process of apprehending the child, inquiry, aftercare and rehabilitation;\n(c) ensuring availability of legal aid for the child through the legal services institutions;\n(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;\n(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;\n(f) adjudicate and dispose of cases of children in conflict with law in accordance with the process of inquiry specified in section 14;\n(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;\n(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;\n(i) conducting inquiry for declaring fit persons regarding care of children in conflict with law;\n(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;\n(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;\n(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;\n(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 of such a child to the observation home; and\n(n) any other function as may be prescribed.",
"footnote": "",
"is_definition": false,
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{
"number": "9",
"title": "9. Procedure to be followed by a Magistrate who has not been empowered under this Act.",
"chapter": null,
"content": "Chapter IV\nProcedure in Relation to Children in Conflict with Law",
"footnote": "",
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"sort_order": 8
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"number": "10",
"title": "10. Apprehension of child alleged to be in conflict with law.",
"chapter": null,
"content": "(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;\n(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.",
"footnote": "",
"is_definition": false,
"sort_order": 9
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{
"number": "11",
"title": "11. Role of person in whose charge child in conflict with law is placed.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 10
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{
"number": "12",
"title": "12. Bail to a person who is apparently a child alleged to be in conflict with law.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 11
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{
"number": "13",
"title": "13. Information to parents, guardian or probation officer.",
"chapter": null,
"content": "(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\n(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.",
"footnote": "",
"is_definition": false,
"sort_order": 12
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{
"number": "14",
"title": "14. Inquiry by Board regarding child in conflict with law.",
"chapter": null,
"content": "(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;\n(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;\n(c) every child brought before the Board shall be given the opportunity of being heard and participate in the inquiry;\n(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;\n(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;\n(f) inquiry of heinous offences,-\n(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);\n(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.",
"footnote": "",
"is_definition": false,
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{
"number": "15",
"title": "15. Preliminary assessment into heinous offences by Board.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "16",
"title": "16. Review of pendency of inquiry.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 15
},
{
"number": "17",
"title": "17. Orders regarding a child not found to be in conflict with law.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "18",
"title": "18. Orders regarding child found to be in conflict with law.",
"chapter": null,
"content": "(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;\n(b) direct the child to participate in group counselling and similar activities;\n(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;\n(d) order the child or parents or the guardian of the child to pay fine:\n(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;\n(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;\n(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:\n(i) attend school; or\n(ii) attend a vocational training centre; or\n(iii) attend a therapeutic centre; or\n(iv) prohibit the child from visiting, frequenting or appearing at a specified place; or\n(v) undergo a de-addiction programme.",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "19",
"title": "19. Powers of Children's Court.",
"chapter": null,
"content": "(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;\n(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.",
"footnote": "",
"is_definition": false,
"sort_order": 18
},
{
"number": "20",
"title": "20. Child attained age of twenty-one years and yet to complete prescribed term of stay in place of safety.",
"chapter": null,
"content": "(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;\n(ii) decide that the child shall complete the remainder of his term in a jail:",
"footnote": "",
"is_definition": false,
"sort_order": 19
},
{
"number": "21",
"title": "21. Order that may not be passed against a child in conflict with law.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "22",
"title": "22. Proceeding under Chapter VIII of the Code of Criminal Procedure not to apply against child.",
"chapter": "Chapter VIII",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 21
},
{
"number": "23",
"title": "23. No joint proceedings of child in conflict with law and person not a child.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 22
},
{
"number": "24",
"title": "24. Removal of disqualification on the findings of an offence.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 23
},
{
"number": "25",
"title": "25. Special provision in respect of pending cases.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 24
},
{
"number": "26",
"title": "26. Provision with respect of run away child in conflict with law.",
"chapter": null,
"content": "Chapter V\nChild Welfare Committee",
"footnote": "",
"is_definition": false,
"sort_order": 25
},
{
"number": "27",
"title": "27. Child Welfare Committee.",
"chapter": null,
"content": "(i) he has been found guilty of misuse of power vested on him under this Act;\n(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;\n(iii) he fails to attend the proceedings of the Committee consecutively for three months without any valid reason or he fails to attend less than three-fourths of the sittings in a year.",
"footnote": "",
"is_definition": false,
"sort_order": 26
},
{
"number": "28",
"title": "28. Procedure in relation to Committee.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 27
},
{
"number": "29",
"title": "29. Powers of Committee.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 28
},
{
"number": "30",
"title": "30. Functions and responsibilities of Committee.",
"chapter": null,
"content": "(i) taking cognizance of and receiving the children produced before it;\n(ii) conducting inquiry on all issues relating to and affecting the safety and well-being of the children under this Act;\n(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;\n(iv) conducting inquiry for declaring fit persons for care of children in need of care and protection;\n(v) directing placement of a child in foster care;\n(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;\n(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;\n(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;\n(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;\n(x) ensuring that all efforts are made for restoration of abandoned or lost children to their families following due process, as may be prescribed;\n(xi) declaration of orphan, abandoned and surrendered child as legally free for adoption after due inquiry;\n(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;\n(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;\n(xiv) dealing with cases referred by the Board under sub-section (2) of section 17;\n(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;\n(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;\n(xvii) accessing appropriate legal services for children;\n(xviii) such other functions and responsibilities, as may be prescribed.\nChapter VI\nProcedure in Relation to Children in Need of Care and Protection",
"footnote": "",
"is_definition": false,
"sort_order": 29
},
{
"number": "31",
"title": "31. Production before Committee.",
"chapter": null,
"content": "(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;\n(ii) any public servant;\n(iii) Childline Services or any voluntary or non-governmental organisation or any agency as may be recognised by the State Government;\n(iv) Child Welfare Officer or probation officer;\n(v) any social worker or a public spirited citizen;\n(vi) by the child himself; or\n(vii) any nurse, doctor or management of a nursing home, hospital or maternity home:",
"footnote": "",
"is_definition": false,
"sort_order": 30
},
{
"number": "32",
"title": "32. Mandatory reporting regarding a child found separated from guardian.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 31
},
{
"number": "33",
"title": "33. Offence of non-reporting.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 32
},
{
"number": "34",
"title": "34. Penalty for non-reporting.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 33
},
{
"number": "35",
"title": "35. Surrender of children.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 34
},
{
"number": "36",
"title": "36. Inquiry.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 35
},
{
"number": "37",
"title": "37. Orders passed regarding a child in need of care and protection.",
"chapter": null,
"content": "(a) declaration that a child is in need of care and protection;\n(b) restoration of the child to parents or guardian or family with or without supervision of Child Welfare Officer or designated social worker;\n(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;\n(d) placement of the child with fit person for long term or temporary care;\n(e) foster care orders under section 44;\n(f) sponsorship orders under section 45;\n(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;\n(h) declaration that the child is legally free for adoption under section 38.\n(i) declaration of fit persons for foster care;\n(ii) getting after care support under section 46 of the Act; or\n(iii) any other order related to any other function as may be prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 36
},
{
"number": "38",
"title": "38. Procedure for declaring a child legally free for adoption.",
"chapter": null,
"content": "Chapter VII\nRehabilitation and Social Re-Integration",
"footnote": "",
"is_definition": false,
"sort_order": 37
},
{
"number": "39",
"title": "39. Process of rehabilitation and social reintegration.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 38
},
{
"number": "40",
"title": "40. Restoration of child in need of care and protection.",
"chapter": null,
"content": "(a) parents;\n(b) adoptive parents;\n(c) foster parents;\n(d) guardian; or\n(e) fit person.",
"footnote": "",
"is_definition": false,
"sort_order": 39
},
{
"number": "41",
"title": "41. Registration of child care institutions.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 40
},
{
"number": "42",
"title": "42. Penalty for non-registration of child care institutions.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 41
},
{
"number": "43",
"title": "43. Open shelter.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 42
},
{
"number": "44",
"title": "44. Foster care.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 43
},
{
"number": "45",
"title": "45. Sponsorship.",
"chapter": null,
"content": "(i) where mother is a widow or divorced or abandoned by family;\n(ii) where children are orphan and are living with the extended family;\n(iii) where parents are victims of life threatening disease;\n(iv) where parents are incapacitated due to accident and unable to take care of children both financially and physically.",
"footnote": "",
"is_definition": false,
"sort_order": 44
},
{
"number": "46",
"title": "46. After care of children leaving child care institution.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 45
},
{
"number": "47",
"title": "47. Observation homes.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 46
},
{
"number": "48",
"title": "48. Special homes.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 47
},
{
"number": "49",
"title": "49. Place of safety.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 48
},
{
"number": "50",
"title": "50. Children's Home.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 49
},
{
"number": "51",
"title": "51. Fit facility.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 50
},
{
"number": "52",
"title": "52. Fit person.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 51
},
{
"number": "53",
"title": "53. Rehabilitation and reintegration services in institutions registered under this Act and management thereof.",
"chapter": null,
"content": "(i) basic requirements such as food, shelter, clothing and medical attention as per the prescribed standards;\n(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;\n(iii) appropriate education, including supplementary education, special education, and appropriate education for children with special needs:\n(iv) skill development;\n(v) occupational therapy and life skill education;\n(vi) mental health interventions, including counselling specific to the need of the child;\n(vii) recreational activities including sports and cultural activities;\n(viii) legal aid where required;\n(ix) referral services for education, vocational training, de-addiction, treatment of diseases where required;\n(x) case management including preparation and follow up of individual care plan;\n(xi) birth registration;\n(xii) assistance for obtaining the proof of identity, where required; and\n(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.",
"footnote": "",
"is_definition": false,
"sort_order": 52
},
{
"number": "54",
"title": "54. Inspection of institutions registered under this Act.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 53
},
{
"number": "55",
"title": "55. Evaluation of functioning of structures.",
"chapter": null,
"content": "Chapter VIII\nAdoption",
"footnote": "",
"is_definition": false,
"sort_order": 54
},
{
"number": "56",
"title": "56. Adoption.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 55
},
{
"number": "57",
"title": "57. Eligibility of prospective adoptive parents.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 56
},
{
"number": "58",
"title": "58. Procedure for adoption by Indian prospective adoptive parents living in India.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 57
},
{
"number": "59",
"title": "59. Procedure for inter-country adoption of an orphan or abandoned or surrendered child.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 58
},
{
"number": "60",
"title": "60. Procedure for inter-country relative adoption.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 59
},
{
"number": "61",
"title": "61. Court procedure and penalty against payment in consideration of adoption.",
"chapter": null,
"content": "(a) the adoption is for the welfare of the child;\n(b) due consideration is given to the wishes of the child having regard to the age and understanding of the child; and\n(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.",
"footnote": "",
"is_definition": false,
"sort_order": 60
},
{
"number": "62",
"title": "62. Additional procedural requirements and documentation.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 61
},
{
"number": "63",
"title": "63. Effect of adoption.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 62
},
{
"number": "64",
"title": "64. Reporting of adoption.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 63
},
{
"number": "65",
"title": "65. Specialised Adoption Agencies.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 64
},
{
"number": "66",
"title": "66. Adoption of children residing in institutions not registered as adoption agencies.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 65
},
{
"number": "67",
"title": "67. State Adoption Resource Agency.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 66
},
{
"number": "68",
"title": "68. Central Adoption Resource Authority.",
"chapter": null,
"content": "(a) to promote in-country adoptions and to facilitate inter-State adoptions in co-ordination with State Agency;\n(b) to regulate inter-country adoptions;\n(c) to frame regulations on adoption and related matters from time to time as may be necessary;\n(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;\n(e) any other function as may be prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 67
},
{
"number": "69",
"title": "69. Steering Committee of Authority.",
"chapter": null,
"content": "(a) Secretary, Ministry of Women and Child Development, Government of India, who shall be the Chairperson- ex officio ;\n(b) Joint Secretary, Ministry of Women and Child Development, Government of India, dealing with Authority- ex officio ;\n(c) Joint Secretary, Ministry of Women and Child Development, Government of India, dealing with Finance- ex officio ;\n(d) one State Adoption Resource Agency and two Specialised Adoption Agencies;\n(e) one adoptive parent and one adoptee;\n(f) one advocate or a professor having at least ten years of experience in family law;\n(g) Member-Secretary, who shall also be Chief Executive Officer of the organisation.\n(a) to oversee the functioning of Authority and review its working from time to time so that it operates in most effective manner;\n(b) to approve the annual budget, annual accounts and audit reports as well as the action plan and annual report of Authority;\n(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;\n(d) any other function that may be vested with it by the Central Government from time to time.",
"footnote": "",
"is_definition": false,
"sort_order": 68
},
{
"number": "70",
"title": "70. Powers of Authority.",
"chapter": null,
"content": "(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;\n(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 non-compliance of the instructions issued by it;\n(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;\n(d) any other power that may be vested with it by the Central Government.",
"footnote": "",
"is_definition": false,
"sort_order": 69
},
{
"number": "71",
"title": "71. Annual Report of Authority.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 70
},
{
"number": "72",
"title": "72. Grants by Central Government.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 71
},
{
"number": "73",
"title": "73. Accounts and audit of Authority.",
"chapter": null,
"content": "Chapter IX\nOther Offences Against Children",
"footnote": "",
"is_definition": false,
"sort_order": 72
},
{
"number": "74",
"title": "74. Prohibition on disclosure of identity of children.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 73
},
{
"number": "75",
"title": "75. Punishment for cruelty to child.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 74
},
{
"number": "76",
"title": "76. Employment of child for begging.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 75
},
{
"number": "77",
"title": "77. Penalty for giving intoxicating liquor or narcotic drug or psychotropic substance to a child.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 76
},
{
"number": "78",
"title": "78. Using a child for vending, peddling, carrying, supplying or smuggling any intoxicating liquor, narcotic drug or psychotropic substance.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 77
},
{
"number": "79",
"title": "79. Exploitation of a child employee.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 78
},
{
"number": "80",
"title": "80. Punitive measures for adoption without following prescribed procedures.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 79
},
{
"number": "81",
"title": "81. Sale and procurement of children for any purpose.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 80
},
{
"number": "82",
"title": "82. Corporal punishment.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 81
},
{
"number": "83",
"title": "83. Use of child by militant groups or other adults.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 82
},
{
"number": "84",
"title": "84. Kidnapping and abduction of child.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 83
},
{
"number": "85",
"title": "85. Offences committed on disabled children.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 84
},
{
"number": "86",
"title": "86. Classification of offences and designated court.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 85
},
{
"number": "87",
"title": "87. Abetment.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 86
},
{
"number": "88",
"title": "88. Alternative punishment.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 87
},
{
"number": "89",
"title": "89. Offence committed by child under this Chapter.",
"chapter": null,
"content": "Chapter X\nMiscellaneous",
"footnote": "",
"is_definition": false,
"sort_order": 88
},
{
"number": "90",
"title": "90. Attendance of parent or guardian of child.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 89
},
{
"number": "91",
"title": "91. Dispensing with attendance of child.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 90
},
{
"number": "92",
"title": "92. Placement of a child suffering from disease requiring prolonged medical treatment in an approved place.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 91
},
{
"number": "93",
"title": "93. Transfer of a child who is mentally ill or addicted to alcohol or other drugs.",
"chapter": null,
"content": "(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;\n(b) \"mentally ill person\" shall have the same meaning assigned to it in clause (l) of section 2 of the Mental Health Act, 1987;\n(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.",
"footnote": "",
"is_definition": false,
"sort_order": 92
},
{
"number": "94",
"title": "94. Presumption and determination of age.",
"chapter": null,
"content": "(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;\n(ii) the birth certificate given by a corporation or a municipal authority or a panchayat;\n(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:",
"footnote": "",
"is_definition": false,
"sort_order": 93
},
{
"number": "95",
"title": "95. Transfer of a child to place of residence.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 94
},
{
"number": "96",
"title": "96. Transfer of child between Children's Homes, or special homes or fit facility or fit person in different parts of India.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 95
},
{
"number": "97",
"title": "97. Release of a child from an institution.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 96
},
{
"number": "98",
"title": "98. Leave of absence to a child placed in an institution.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 97
},
{
"number": "99",
"title": "99. Reports to be treated as confidential.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 98
},
{
"number": "100",
"title": "100. Protection of action taken in good faith.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 99
},
{
"number": "101",
"title": "101. Appeals.",
"chapter": null,
"content": "(a) 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; or\n(b) any order made by a Committee in respect of finding that a person is not a child in need of care and protection.",
"footnote": "",
"is_definition": false,
"sort_order": 100
},
{
"number": "102",
"title": "102. Revision.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 101
},
{
"number": "103",
"title": "103. Procedure in inquiries, appeals and revision proceedings.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 102
},
{
"number": "104",
"title": "104. Power of the Committee or the Board to amend its own orders.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 103
},
{
"number": "105",
"title": "105. Juvenile justice fund.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 104
},
{
"number": "106",
"title": "106. State Child Protection Society and District Child Protection Unit.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 105
},
{
"number": "107",
"title": "107. Child Welfare Police Officer and Special Juvenile Police Unit.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 106
},
{
"number": "108",
"title": "108. Public awareness on provisions of Act.",
"chapter": null,
"content": "(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;\n(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.",
"footnote": "",
"is_definition": false,
"sort_order": 107
},
{
"number": "109",
"title": "109. Monitoring of implementation of Act.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 108
},
{
"number": "110",
"title": "110. Power to make rules.",
"chapter": null,
"content": "(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;\n(ii) responsibilities of the Child Welfare Officer attached to a Children's Home under clause (18) of section 2;\n(iii) qualifications of the members of the Board under sub-section (2) of section 4;\n(iv) induction training and sensitisation of all members of the Board under sub-section (5) of section 4;\n(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;\n(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;\n(vii) qualifications, experience and payment of fees of an interpreter or translator under clause (d) of sub-section (3) of section 8;\n(viii) any other function of the Board under clause (n) of sub-section (3) of section 8;\n(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;\n(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;\n(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;\n(xii) monitoring procedures and list of monitoring authorities under sub-section (2) of section 20;\n(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;\n(xiv) qualifications of the members of the Child Welfare Committee under sub-section (5) of section 27;\n(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;\n(xvi) process of restoration of abandoned or lost children to their families under clause (x) of section 30;\n(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;\n(xviii) manner of holding an inquiry by the Child Welfare Committee under sub-section (1) of section 36;\n(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;\n(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;\n(xxi) any other order related to any other function of the Committee under clause (iii) of sub-section (2) of section 37;\n(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;\n(xxiii) manner in which all institutions under this Act shall be registered under sub-section (1) of section 41;\n(xxiv) procedure for cancelling or withholding registration of an institution that fails to provide rehabilitation and re-integration services under sub-section (7) of section 41;\n(xxv) manner in which information shall be sent every month by the open shelter to the District Child Protection Unit and Committee under sub-section (3) of section 43;\n(xxvi) procedure for placing children in foster care including group foster care under sub-section (1) of section 44;\n(xxvii) procedure for inspection of children in foster care under sub-section (4) of section 44;\n(xxviii) manner in which foster family shall provide education, health and nutrition to the child under sub-section (6) of section 44;\n(xxix) procedure and criteria in which foster care services shall be provided to children under sub-section (7) of section 44;\n(xxx) format for inspection of foster families by the Committee to check the well being of children under sub-section (8) of section 44;\n(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;\n(xxxii) duration of sponsorship under sub-section (3) of section 45;\n(xxxiii) manner of providing financial support to any child leaving institutional care on completing eighteen years of age under section 46;\n(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 sub-section (3) of section 47;\n(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;\n(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;\n(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;\n(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;\n(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 under sub-section (1) of section 53;\n(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;\n(xli) activities that may be taken up by children's committees under sub-section (3) of section 53;\n(xlii) appointment of inspection committees for all institutions registered or recognised fit, for the State and district under sub-section (1) of section 54;\n(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 sub-section (1) of section 55;\n(xliv) manner in which institutions shall furnish details of children declared legally free for adoption to the Specialised Adoption Agency under sub-section (2) of section 66;\n(xlv) any other function of the Authority under clause (e) of section 68;\n(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;\n(xlvii) manner in which Steering Committee of the Authority shall meet under sub-section (4) of section 69;\n(xlviii) manner in which the Authority shall submit an annual report to the Central Government under sub-section (1) of section 71;\n(xlix) functions of the Authority under sub-section (2) of section 72;\n(l) manner in which the Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts under sub-section (1) of section 73;\n(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;\n(lii) procedure for transfer of child under sub-section (1) of section 95;\n(liii) provision for travelling allowance to the escorting staff for the child under sub-section (3) of section 95;\n(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;\n(lv) manner in which juvenile justice fund shall be administered under sub-section (3) of section 105;\n(lvi) functioning of the Child Protection Society for the State and Child Protection Units for every district under section 106;\n(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 sub-section (1) of section 109;\n(lviii) any other matter which is required to be, or may be, prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 109
},
{
"number": "111",
"title": "111. Repeal and savings.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 110
},
{
"number": "112",
"title": "112. Power to remove difficulties.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 111
}
],
"metadata": {
"Act ID": "Last Updated 30th December, 2019 [act2857]",
"Act Number": "(Act No. 2 of 2016)",
"Enactment Date": "",
"Act Year": "2015",
"Short Title": "The Juvenile Justice (Care and Protection of Children) Act, 2015",
"Type": "CENTRAL",
"Location": "India (Central)"
},
"updated_at": "2026-09-29 21:51:53"
}