How are juvenile cases handled under the JJ Act?
A child in conflict with law is dealt with under the Juvenile Justice (Care and Protection of Children) Act, 2015, not the regular criminal system. The Juvenile Justice Board conducts inquiry, and the child cannot be sentenced to imprisonment. Bail is generally a matter of right, and the Board focuses on reformation and rehabilitation.
Legal Explanation
The age of the child at the time of the alleged offence is critical. A preliminary age determination is conducted by the Juvenile Justice Board. Children are tried under a welfare-oriented framework, and the Board can order counselling, community service, or placement in a reformatory — not imprisonment. For heinous offences, a child aged 16-18 may be tried as an adult after a preliminary assessment.
Procedure
- 1Determine the age of the child at the time of the alleged offence.
- 2File for bail before the Juvenile Justice Board.
- 3Participate in the preliminary age determination inquiry.
- 4For heinous offences, address the preliminary assessment for trial as adult.
- 5Defend at the inquiry before the Board.
Jurisdiction
Juvenile Justice Boards across UP; Children’s Courts for heinous offences.
Important Limitations
Children cannot be sentenced to imprisonment. For heinous offences, 16-18 year olds may be tried as adults after assessment.
Legal References
- JJ Act, 2015 — Sections 7-18 — Inquiry by Juvenile Justice Board
- JJ Act, 2015 — Section 15 — Trial as adult for heinous offences