Introduction

• The juvenile justice system recognizes that children in conflict with the law require special protection, care, and rehabilitation rather than traditional criminal punishment.
• At the heart of this system stands the Juvenile Justice Board (JJB), a specialized body designed to handle cases involving children who have allegedly committed offences.
• The JJB applies child-friendly procedures that prioritize the best interests of children while ensuring justice is served.
• Chapter III of the Juvenile Justice Act, 2015 (JJ Act) states the provisions regarding the Juvenile Justice Board.
• The provisions (Section 4 to Section 9) also recognize special circumstances, such as when a child becomes an adult during proceedings or when adults are apprehended for offences committed during childhood.

Legal Provisions Based on Juvenile Justice Board

Section 4: Juvenile Justice Board

• Establishment of Boards: The State Government must establish one or more Juvenile Justice Boards in every district to handle cases of children in conflict with law. These Boards operate independently from the regular criminal courts established under the Code of Criminal Procedure, 1973.
• Composition of the Board: Each Board consists of:
  • Principal Magistrate (either a Metropolitan Magistrate or a Judicial Magistrate of First Class with at least three years of experience).
  • Two social workers, of whom at least one must be a woman.
• Qualifications for Social Workers: To be appointed as a social worker member, a person must:
  • Have been actively involved in health, education, or welfare activities related to children for at least seven years, OR
  • Be a practicing professional with a degree in child psychology, psychiatry, sociology, or law.
• Disqualifications: A person cannot be selected as a Board member if they:
  • Have any history of violating human rights or child rights.
  • Have been convicted of an offence involving moral turpitude (unless pardoned).
  • Have been removed or dismissed from government service.
  • Have ever engaged in child abuse, employed child labor, or committed any violation of human rights or immoral act.
• Training Requirement: The State Government must ensure that all Board members, including the Principal Magistrate, receive induction training and sensitization on childcare, protection, rehabilitation, legal provisions, and justice for children within 60 days of appointment.
• Term of Office: The term of office and resignation procedure for Board members will be as prescribed in the rules.
• Termination of Appointment: The State Government can terminate the appointment of any member (except the Principal Magistrate) after an inquiry if the member:
  • Has misused powers granted under the Act.
  • Fails to attend Board proceedings for three consecutive months without valid reason.
  • Fails to attend at least three-fourths of the sittings in a year.
  • Becomes ineligible as per the disqualification criteria during their term.

Section 5: Placement of person, Who Cease to be a Child During Process of Inquiry

• When an inquiry begins against a person who is a child, and during the proceedings, that person turns 18 years old:
  • The Board can continue the inquiry.
  • The Board can pass orders regarding the person as if they were still a child.
  • This applies regardless of any other law in force.

Section 6: Placement of Persons, Who Committed an Offence, When Person was Below the Age of Eighteen Years

• If a person who is now 18 or older is apprehended for an offence committed when they were under 18:
  • The person will be treated as a child during the inquiry process.
• If such a person is not released on bail:
  • They must be placed in a "place of safety" during the inquiry (not in regular jail).
• The procedures specified under this Act will apply to such a person.

Section 7: Procedure in Relation to Board

• Meetings and Rules: The Board shall:
  • Meet at times as prescribed.
  • Follow rules prescribed for its business transactions.
  • Ensure all procedures are child friendly.
  • Maintain a venue that is not intimidating to children and does not resemble a regular court.
• Single-Member Production: A child in conflict with the law can be produced before an individual Board member when the full Board is not in session.
• Quorum and Validity:
  • The Board can function despite the absence of any member.
  • Orders remain valid even if members were absent during some stages of proceedings.
  • However, at least two members (including the Principal Magistrate) must be present during final case disposal or when making orders under Section 18(3).
• Resolution of Differences: If Board members disagree:
  • The majority opinion prevails.
  • If there is no majority, the Principal Magistrate's opinion prevails.

Section 8: Powers, Functions, and Responsibilities of the Board

• Exclusive Jurisdiction: The Board has exclusive power to handle all proceedings related to children in conflict with the law in its jurisdiction, notwithstanding any other law (unless specifically provided otherwise in this Act).
• Powers of Higher Courts: The powers granted to the Board can also be exercised by the High Court and Children's Court when cases come before them through appeal, revision, or other means.
• Functions and Responsibilities: The Board must:
  • Ensure informed participation of the child and parents/guardians in every step.
  • Protect the child's rights throughout apprehension, inquiry, aftercare, and rehabilitation.
  • Ensure legal aid is available through legal services institutions.
  • Provide interpreters or translators when needed.
  • Direct a Probation Officer (or Child Welfare Officer/social worker) to conduct a social investigation and submit a report within 15 days.
  • Adjudicate cases according to the inquiry process specified in Section 14.
  • Transfer matters to the Child Welfare Committee when a child in conflict with law is also found to need care and protection.
  • Pass final orders that include individual care plans for rehabilitation.
  • Declare fit persons regarding care of children in conflict with law.
  • Conduct monthly inspection visits to residential facilities.
  • Order police to register FIRs for offences against children in conflict with law.
  • Order police to register FIRs for offences against children in need of care and protection based on Committee complaints.
  • Regularly inspect adult jails to check if any children are wrongly lodged there and transfer them to observation homes or places of safety.
  • Perform any other functions as prescribed.

Section 9: Procedure to be followed by a Magistrate who has not been empowered under this Act

• Referral to Board: If a Magistrate not empowered under this Act believes that a person brought before them is a child:
  • The Magistrate must record this opinion without delay.
  • The child must be immediately forwarded to the appropriate Board along with the case records.
• Age Determination: If a person claims to be a child (or was a child when committing an offence) before any court, or if the court itself believes this might be the case:
  • The court must conduct an inquiry and take necessary evidence (not just affidavits).
  • The court must record its findings about the person's age.
  • Such claims can be raised at any stage, even after final case disposal.
  • Age determination will follow this Act's provisions even if the person is no longer a child.
• Transfer to Board: If the court finds that a person committed an offence while being a child:
  • The person must be forwarded to the Board for appropriate orders.
  • Any sentence passed by the court will be considered void.
• Protective Custody: If a person claiming to be a child needs to be kept in protective custody while age verification is ongoing:
  • They must be placed in a "place of safety" during this period.

Conclusion

The Juvenile Justice Board represents a specialized system designed to address cases involving children in conflict with law through a child-centered approach. The Board's composition—combining judicial expertise with social work experience—reflects the understanding that children require both legal protection and supportive rehabilitation.

The legal framework governing the JJB emphasizes child-friendly procedures, protection of children's rights, and the need for informed participation of children and their guardians.