JJ ACT PRE LEVEL 2

Short title, extent, commencement and application (Sec 1)

When matters concern children in conflict with law or in need of care ➔ The provisions of this Act shall apply, notwithstanding anything contained in any other law.

Definitions (Sec 2)

When classifying offences by imprisonment term ➔ "Petty offences" Sec 2(45) means max up to 3 years; "Serious offences" Sec 2(54) means between 3 to 7 years; "Heinous offences" Sec 2(33) means minimum 7 years or more.

Juvenile Justice Board (Sec 4)

When constituting a Board for a district ➔ The State Government shall appoint one Principal Magistrate and two social workers (at least one shall be a woman).

Placement of person, who cease to be a child during process of inquiry (Sec 5)

If a child completes 18 years during an inquiry ➔ The inquiry may be continued by the Board as if the person had continued to be a child.

Placement of persons, who committed an offence, when person was below the age of eighteen years (Sec 6)

If an adult is apprehended for an offence committed when below 18 years ➔ They shall be treated as a child during inquiry and shall be placed in a place of safety if not released on bail.

Procedure in relation to Board (Sec 7)

When the Board is not sitting ➔ A child may be produced before an individual member, but final disposal requires at least two members including the Principal Magistrate.

Powers, functions and responsibilities of the Board (Sec 8)

When dealing with proceedings relating to children in conflict with law ➔ The Board shall have exclusive power to deal with them, except when exercised by High Court or Children's Court.

Procedure to be followed by a Magistrate who has not been empowered under this Act (Sec 9)

If a regular Magistrate thinks an accused is a child ➔ They shall record the opinion without delay and forward the child immediately to the Board.

Apprehension of child alleged to be in conflict with law (Sec 10)

As soon as a child is apprehended by police ➔ They shall be placed under the Special Juvenile Police Unit or Child Welfare Police Officer and produced before the Board within 24 hours.

Role of person in whose charge child in conflict with law is placed (Sec 11)

When a child is placed in a person's charge by the Board ➔ That person shall have parent-like responsibility for the child's maintenance.

Bail to a person who is apparently a child alleged to be in conflict with law (Sec 12)

When a child is apprehended for any bailable or non-bailable offence ➔ They shall be released on bail, provided that release shall be denied if it brings them into association with known criminals, exposes them to danger, or defeats ends of justice.

Information to parents, guardian or probation officer (Sec 13)

After apprehending a child ➔ The police shall inform parents to be present and inform the probation officer to submit a report within two weeks.

Inquiry by Board regarding child in conflict with law (Sec 14)

When conducting an inquiry ➔ The Board shall complete it within 4 months (extendable by 2 months), and for petty offences, if inconclusive after the extended period, proceedings shall stand terminated.

Preliminary assessment into heinous offences by Board (Sec 15)

If a child 16 years or above is alleged to have committed a heinous offence ➔ The Board shall conduct a preliminary assessment to assess their mental/physical capacity to commit it.

Review of pendency of inquiry (Sec 16)

When monitoring Board cases ➔ The Chief Judicial Magistrate/Chief Metropolitan Magistrate shall review pendency every 3 months.

Orders regarding a child not found to be in conflict with law (Sec 17)

If the Board is satisfied the child has not committed an offence ➔ It shall pass an order to that effect and may refer the child to the Committee if they need care.

Orders regarding child found to be in conflict with law (Sec 18)

If a child is found to have committed an offence ➔ The Board may pass reformative orders (probation, fine, special home max 3 years), or may order transfer to Children's Court under Sec 18(3) for adult trial.

Powers of Children's Court (Sec 19)

Upon receiving a transferred case from the Board ➔ The Children's Court may try the child as an adult (CrPC) or conduct an inquiry as a Board, sending the child to a place of safety till age 21.

Child attained age of twenty-one years and yet to complete prescribed term of stay in place of safety (Sec 20)

When a child completes 21 years but their term is incomplete ➔ The Children's Court may release them on conditions or decide they shall complete the remainder of the term in jail.

Order that may not be passed against a child in conflict with law (Sec 21)

When sentencing a child in conflict with law ➔ No child shall be sentenced to death or life imprisonment without the possibility of release.

Proceeding under Chapter VIII of the Code of Criminal Procedure not to apply against child (Sec 22)

When dealing with preventive detention ➔ No proceeding shall be instituted and no order shall be passed against any child under Chapter VIII of CrPC.

No joint proceedings of child in conflict with law and person not a child (Sec 23)

When a child is co-accused with an adult ➔ There shall be no joint proceedings, notwithstanding section 223 of CrPC.

Removal of disqualification on the findings of an offence (Sec 24)

When a child is dealt with under this Act for an offence ➔ They shall not suffer any disqualification attached to a conviction, and records shall be destroyed (except for heinous offences tried in Children's Court).

Special provision in respect of pending cases (Sec 25)

For proceedings pending on the commencement date ➔ They shall continue in that Board or court as if this Act had not been enacted.

Provision with respect of run away child in conflict with law (Sec 26)

If a child runs away from an institution/custody ➔ Police may take charge and produce them within 24 hours, but no additional proceeding shall be instituted for running away.