Juvenile in conflict with law

                                The  constitution of India in provisions including articles 15(3), 39(e), 39(f), 45,47 impose on the state primary responsibility to ensure that all the needs of children are met and that their human rights are fully protected. The general assembly of the United Nations adopted the convention on the rights of the child on the 29th November, 1989 in which it was emphasised for social integration of the child victims to the extent possible, without resorting to judicial proceedings.The government of India ratified the convention on 11th December, 1992. Keeping in view the above, it became necessary to re-enact the existing law on juveniles and an act called the Juvenile Justice (Care and Protection of Children) Act,2000 came into existence in whole of India except Jammu and Kashmir.

                           "Juvenile" means a person or a child who has not attained eighteen years of age and "juvenile in conflict with law" means a juvenile who is alleged to have committed an offence or a crime and has not completed 18 years of his age on the date of commission of offence.

                            If any juvenile is alleged to have committed a crime, he is not tried in the ordinary way as in other cases. The case of juvenile is tried before Juvenile Justice Board. If juvenile is found in conflict with law with other  offenders or accused, a separate file is prepared against him/her and presented before the Juvenile Justice Board for trial whereas other accused for same offence are tried in judicial court.

Juvenile Justice Board : 

                            Juvenile Justice Boards are meant for exercising the powers and discharging the duties conferred or imposed on such board in relation to juvenile in conflict with law, by notification.

• A board consists of a Metropolitan Magistrate or Judicial Magistrate of first class and two social workers, one of which shall be woman which forms a bench. Every bench shall have the powers of a magistrate.
• Magistrate to be appointed as member of board  should have knowledge or training in child psychology or child welfare and social worker should be in involved in welfare activities of child for  at least seven years (section 4).

                              The state government has been authorised to constitute for district or group of districts one or more juvenile justice boards.

When a juvenile is apprehended in conflict with law ?

                             When a juvenile is apprehended in conflict with any law by police, he shall be produced before board without any loss of time or within 24 hours of his apprehension. Juvenile is never kept in lock up.

Bail of juvenile :

                             When any person apparently juvenile accused of a bailable or non bailable offence  is produced before board, be released on bail and if not released on bail, such juvenile shall be sent to the observation home or in a place of safety (section 12).

Orders regarding juvenile :

                               Board shall hold an inquiry and if finds in the inquiry that juvenile has committed an offence :

• allow the juvenile to go home after advice or admonition
• direct the juvenile  to participate in group counselling and similar activities
• order the juvenile to perform the community services
• order the parents to pay fine if he is above 14 years and earns money
• direct the juvenile to be released on probation of good conduct
• make an order directing the juvenile to be sent to special home for a period of three years (section 15).       

Other important points :

• In case of apprehension of a juvenile, information shall be given to parent, guardian or  probation officer of his apprehension.
• Juvenile shall not be tried with other accused who is not juvenile.
• If any juvenile escapes from observation home or special home and is apprehended by police, no proceeding shall be instituted against the juvenile
• There are separate provisions of punishment for cruelty to juvenile which may extend from six months to three years and offences are cognizable.