Preparators committing crimes should be duly punished in accordance to the severity of their crimes to set precedence and deter other people from committing crime. The criminal justice system punishes offenders above 18 years for their crimes, whereas the Juvenile Justice Act 2015 focuses on offenders between 16 and 18.
The sole purpose of the act is not to impose punishments but to rehabilitate minor convicts for the grave crimes they commit. The act considers the fact that individuals aged 16 to 18 unaware of the severity of their crime, naive, and lack judgement. To guide such individuals in a proper direction before penalising them is the goal.
The Juvenile Justice Act mainly focuses on :
The Juvenile Justice Act 2015 focuses on the following:
- Resolving cases related to minors committing an offence faster
- Accountability of functionaries
- Differentiates between a child violating laws and a child in need of guidance and protection under the act
To ensure the statute is purely authentic, the provisions extended to this act by the Constitution of India, where the core idea revolves granting freedom to children from abuse and exploitation, is as follows:
- Article 15, Clause 3
- Article 39, Clause E
- Article 39, Clause F
- Article 45
- Article 47
Table of Contents
The Juvenile Justice Board, as mentioned in the statute.
A committee created solely to deal with adolescents in conflict with laws is known as the Juvenile Justice board. The state government can initiate one or more juvenile justice boards. The Juvenile Justice Act 2015, with regards to the Juvenile Justice board, has the following:
Section 4 of the Juvenile Justice Act 2015 details:
- Creating a juvenile justice board with appropriate authorities
- The saving clause:
- Section 4 has the power to override the provisions mentioned in the Code of Criminal Procedure
- This provision is known as an enabling provision
Section 7 of the Juvenile Justice Act 2015 focuses on:
- The board should follow these procedures:
- Must perform business transactions as prepared
- Ensure procedures regarding the child are comfortable, non-intimidating
- Select a venue that is not just child friendly but also safe
- Deal with the difference of opinion in the final stage in a civil manner as follows:
- If the majority agrees with either of the two opinions put ahead, the idea with the latest support takes away the cake
- If there is no majority, then the decision power lies in the hands of the Principal Magistrate
Constitution of the board under the Juvenile Justice Act, 2015
To regulate issues dealing with children engaged in criminal activities, a bench of the following under the statute was created as follows:
- A principal magistrate:
- Must be either a metropolitan magistrate or a judicial magistrate of the first class
- Should possess knowledge about child psychology and welfare
- Two social workers:
- One social worker should be a woman
- Should be actively engaged in health, education, and welfare of children for at least 7 years
- Must have a professional degree in child psychology, psychiatry, law to practise under the same
- Must not be less than 35 years
Powers granted to the board as per the Juvenile Justice Act 2015
Positioned in any district, the Juvenile Justice Board has the power to deal with the following matters:
- Happening in the area of the board’s jurisdiction
- Relating to children in conflict with the law
The high court or the children’s court can exercise these powers when cases falling in the ambit of Section 19 appears before them in an appeal, revision, or any other kind of form.
Sections 17 and 18:
When the board deals with a child in conflict with the law, as per their power vested in them, they can hold an inquiry based on the provisions mentioned in the statute.
As per Sections 17 and 18 of the Juvenile Justice Act 2015, they are also allowed to pass orders in accordance with the statute.
The board has the power to pass orders on grave offences committed by minors as per Section 15. Deciding whether the crime is heinous or not must be within 3 months from the date the child is put before the board.
Functions of the Board as per the Juvenile Justice Act 2015
The functions of the board as per the Juvenile Justice Act 2015 includes the following:
- To ensure the child, guardian/parents are equally involved in the process
- To ensure the child’s rights are protected during the arrest, inquiry, aftercare, and rehabilitation
- To keep an eye on the juvenile institutions when adolescents are in conflict with the law
- To appoint a translator during the proceedings if the child cannot understand the language
- To decide on the result of cases of children in conflict with the law
- To perform regular inspection
- To determine residential facilities for children engaged in criminal activities
- For suggesting improvements to better the quality of services extended
- To make sure no child is kept in a cell with adults
From keeping an eye on child care institutions dealing with children in conflict with the law to deciding such cases, the Juvenile Justice Act 2015 is a medium for regulating the rights of children aged 16 to 18.
The statute solely was created because children in conflict with law must be dealt with utmost attention, care, and safety. Juveniles cannot be tried as adult criminals.
The goal of the juvenile justice board, as per the statute, is to deal with minor criminals in the best way possible so that instead of pushing into the dark hole of crime, they are guided towards a healthy and safe future.
FAQs Regarding Juvenile Justice Board
What is the period to present a child in conflict with law before the juvenile justice board?
The conflict to law should be presented within 24 hours.
How long can an adolescent stay in police custody?
An adolescent can stay in custody for 12 hours for non-violent offences, 24 hours for violent crimes.
Which case decided that the juvenile legislation must be supreme regardless of the severity of the intensity of the offence?
The case Ram Singh v. State of Haryana 2000 determined that juvenile legislation must be supreme regardless of the severity of the offence.
Which chapter of the statute deals with adolescents in conflict with the law?
Chapter 2 of the statute deals with adolescents in conflict with the law.
What is the tenure of the justice board members
The tenure of the justice board members is 3 years.