Introduction
The JJ Act of 2015 was introduced to consolidate and amend the law relating to children in need of care and protection by catering to their basic needs. It ensures a child-friendly approach in adjudication, protects children's interests, and provides for their rehabilitation.
Defining "Juvenile" – Nirbhaya Case
The Delhi gang rape case led Parliament to amend the JJ Act of 2000. Under the 2015 Act, a juvenile is any child under 18, but children 16–18 accused of heinous offences may be tried as adults after Board assessment. The act clarified "children in conflict with law" and "children in need of care and protection".
Juvenile Justice Board
Every district must have a Juvenile Justice Board (one metropolitan/judicial magistrate and two social workers, one woman). The Board receives special training and must handle all cases and procedures in a child-friendly manner, with periodic review of pending matters.
Children in Conflict with Law
- Special officer or unit produces apprehended children before the board within 24 hours.
- Bail should be favored unless release would pose a risk.
- Children may be placed in observation homes while inquiry proceeds; immediate notification to parents and probation officer required.
- For heinous offences by those 16+, Board conducts assessment on mental/physical capacity and nature of offence; case may go to Children's Court.
- Corrective measures may include counselling, community service, vocational training, or de-addiction programmes.
Children's Court
If the Board finds trial as an adult is required, the case is sent to a designated Children's Court for further trial and sentencing. The court retains the power to decide whether a child should be tried as juvenile or adult based on all evidence.