Punishments for crimes committed by anyone should be proper and accurate so that it not get repeated. While the criminal justice system punishes offenders above 18 years for their crimes, the Juvenile Justice Act 2015 works for offenders between 16 and 18.
The act’s sole purpose is not to impose punishments but to rehabilitate minor convicts for the grave crimes they execute. It especially gets done with the idea that criminals aged between 16 to 18 are victims of unawareness, naivety and lack of judgement; hence, to guide them in a proper direction before penalising them is the goal.
The Juvenile Justice Act mainly focuses on :
The Juvenile Justice Act 2015 mainly focuses on:
- Resolving cases related to minors committing an offence faster
- Accountability of functionaries
- Differentiates between a child violating the laws and a child in need of guidance and protection under the act
To make the statute purely authentic, the support in terms of provisions extended to this act by the Constitution of India, where the core idea revolves around 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
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. As per the state’s list of the Indian constitution, the state government can initiate one or more juvenile justice board. There are specific provisions under the Juvenile Justice Act 2015, with regards to the Juvenile Justice board, as mentioned below, that truly require to get highlighted:
Section 4 of the Juvenile Justice Act 2015 speaks about:
- 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
- It is also known as an enabling provision
Section 7 of the Juvenile justice act 2015 focuses on:
- The procedures the board need to follow:
- Must carry out business transactions as prepared
- Ensure the procedures regarding the child are comfortable, non-intimidating
- Select a venue that is not just child-friendly but also safe
Carry out a civil way to deal with difference of opinion in the final stage which are:
- 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
The constitution of the board under the juvenile justice act, 2015
To regulate issues dealing with the children engaged in criminal activities, a bench of the following under the statute gets created:
- 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 of them has to be a woman
- Should be actively engaged in the field of health, education and welfare of children for at least seven 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 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.
Section 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 keeping in mind the statute.
The board has the power to dive into grave offences committed by minors as per section 15. Deciding whether the crime is heinous or not must be done within three 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
- To ensure the child, guardian/parents are equally involved in the process
- To make sure the child’s rights get protected during the arrest, inquiry, aftercare and rehabilitation
- To keep an eye on the juvenile institutions where adolescents in conflict with the law are present
- To appoint a translator during the proceedings if the child fails to understand the language
- To decide on the result of cases of children in conflict with the law
- To inspect regularly:
- The residential facilities:
- For children engaged in criminal activities
- For suggesting improvements to better the quality of services extended
- The prison:
- To make sure no child is kept in an adult-centric cell
From keeping an eye on child care institutions dealing with children in conflict with the law to deciding the result of such cases, the Juvenile Justice Act 2015 is a medium through which regulating the rights of children aged 16 to 18 is made proper.
The statute solely gets created because children in conflict with law must be dealt with utmost attention, care and safety rather than how adult criminals get treated.
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 furthering their mindset into the dark hole of crime, they can get 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?
Within 24 hours
How long can an adolescent stay in police custody?
12 hours for non-violent offences, 24 hours for violent one
Which case decided that the juvenile legislation must be supreme no matter the intensity of the offence?
Ram Singh v. State of Haryana 2000
Which chapter of the statute deals with adolescents in conflict with the law?
What is the tenure of the justice board members