Q1. Under the provisions of protection of children from sexual offences act 2012 can a report be published by the media which discloses the Identity of a sexually assaulted child ?
a) Cannot be published
b) Can be published in public interest
c) Can be published if permitted by competent special court
d) None of the above
Answer – c) Can be published if permitted by competent special court
Explanation -
Under the Protection of Children from Sexual Offences (POCSO) Act, 2012, specifically under Section 23, there are strict guidelines about reporting cases involving sexually assaulted children. According to this provision, the identity of a child victim of sexual assault cannot be disclosed by the media, ensuring the privacy and protection of the child.
The Special Court has the authority to allow the disclosure of the child's identity if it believes that doing so is in the best interest of the child. The court considers various factors, including the impact on the child’s mental and emotional well-being, before making such a decision.
Q2. According to section 25 of the protection of children from sexual offenses act 2012 statement of a child under section 164 of the code of criminal procedure to be recorded by the magistrate-:
a) Shall be recorded in presence of the advocate of the accused
b) Shall not be recorded in the presence of the advocate of the accused
c) Shall be recorded in presence of the investigating officer
d) Shall be recorded in presence of women police officer
Answer – b) Shall not be recorded in the presence of the advocate of the accused
Explanation -
Under Section 25 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, specific guidelines are provided regarding the recording of a child's statement. This section emphasizes that the statement of a child, especially under Section 164 of the Code of Criminal Procedure (CrPC), should not be recorded in the presence of the advocate of the accused. This is to ensure that the child feels safe and not intimidated while giving their statement.
The main objective is to protect the child from any potential influence or intimidation by the presence of the accused's advocate. The environment should be conducive to the child being able to speak freely and truthfully without any fear.
Q3. Which of the following orders may not be passed by the juvenile justice board after conducting inquiry of a child in conflict with law ;-
a) Direct the child to attend a school
b) Direct the child to attend a vocational training center
c) Sentence the child to imprisonment till he attains 18 years of age
d) Direct the child to perform community service
Answer – c) Sentence the child to imprisonment till he attains 18 years of age
Explanation -
The Juvenile Justice (Care and Protection of Children) Act, 2015, lays down the framework for dealing with children in conflict with the law. The primary objective of the Act is to provide care, protection, and rehabilitation for such children, rather than imposing punitive measures like imprisonment.
The Juvenile Justice Board focuses on the rehabilitation and reintegration of children into society. This can include measures such as directing the child to attend school, vocational training centers or performing community service.
Sentencing a child to imprisonment until they attain 18 years of age is not an option under the Act. The JJB cannot pass an order that involves imprisoning a child. Instead, the emphasis is on correctional and rehabilitative methods that aim to reform and support the child.
Q4. Where after inquiry under section 15 of the Juvenile justice care and protection of children act 2015 the Juvenile justice board is satisfied that a child above 16 years of age has committed a heinous offence and should be tried as adult it may
a) Commit the case of the sessions court concerned for trial of the child as an adult
b) Try the child as per the procedure provided in CRPC
c) Return the charge-sheet to the investigating officer for presentation in the court concerned
d) Transfer the case to the children court for trial of the child as an adult
Answer – d) Transfer the case to the children court for trial of the child as an adult
Explanation -
Under Section 15 of the Juvenile Justice Act, 2015 mandates that the Juvenile Justice Board conducts a preliminary assessment regarding the child's mental and physical capacity to commit the offence, ability to understand the consequences, and the circumstances in which the offence was committed.
If the JJB, after the inquiry, is satisfied that the child aged 16 years or above has committed a heinous offence and should be tried as an adult, the case is transferred to the Children's Court. The Children's Court is a special court that has the jurisdiction to try children as adults.
The correct procedural step is to transfer the case to the Children’s Court for trial. This ensures that the trial is conducted following the provisions of the Juvenile Justice Act, while also considering the severity of the offence.
Q5. Which of the following cannot be a ground to deny bail to a person who is apparently a child in conflict with law?
a) When the offence alleged against such person is a heinous offence and the child has been ordered to be tried as an adult under section 18 (c) of the Juvenile justice care and protection of children act
b) When there are reasonable grounds to believe that the child may come into association with known criminal if released on bail
c) That the person may be exposed to moral, physical or psychological danger
d) That the person released on bail wood defeat the ends of justice
Answer –
a) When the offence alleged against such person is a heinous offence and the child has been ordered to be tried as an adult under section 18 (3) of the Juvenile justice care and protection of children act
Explanation -
Under the Juvenile Justice (Care and Protection of Children) Act, 2015, bail is generally favored for children in conflict with the law, emphasizing their rehabilitation and protection. However, there are specific grounds under which bail can be denied to such children, ensuring their safety and preventing them from becoming involved in further criminal activities.
Section 12 of the Juvenile Justice Act states that a child in conflict with the law should be released on bail with or without surety. However, bail can be denied if there are reasonable grounds to believe that:
• The child will come into association with known criminals if released.
• The child may be exposed to moral, physical, or psychological danger.
• The release of the child would defeat the ends of justice.
When a child is alleged to have committed a heinous offence and has been ordered to be tried as an adult under Section 18 (3) it doesn't automatically mean that bail should be denied.
Q6. Juvenile justice production and care of children act, 2000 enable persons of following religions to take a child in adoption
a) Hindu only
b) Muslim only
c) Christian only
d) All of the above
Answer – a) All of the above
Explanation -
The Juvenile Justice (Care and Protection of Children) Act, 2000, along with its amendments, has provisions that allow individuals from any religion to adopt a child. This Act provides a secular legal framework for adoption, ensuring that the process is inclusive and available to all, irrespective of their religious background.
The Juvenile Justice Act is secular and does not restrict adoption to any particular religion. It aims to provide care, protection, and rehabilitation to children in need, including through adoption, without discriminating based on the adoptive parents' religion.
The Act allows any person who fulfills the eligibility criteria specified within the Act to adopt a child. This inclusivity promotes the welfare of children across all sections of society.
Q7. Section 12 of the Juvenile justice act 2015 deals with-
a) Bail to a person who is apparently a child alleged to be in conflict with the law
b) Preliminary assessment heinous offenses by Board
c) Powers of children's court
d) Removal of disqualification on the findings of an offense
Answer – a) Bail to a person who is apparently a child alleged to be in conflict with the law
Explanation –
Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, deals with the bail provisions for a child alleged to be in conflict with the law.
According to this section, a child who is alleged to have committed an offense shall be released on bail with or without surety, notwithstanding anything contained in the Code of Criminal Procedure, 1973, or any other law for the time being in force. The section outlines the conditions under which bail can be denied, which include:
• There appears a reasonable ground for believing that the release is likely to bring the child into association with any known criminal or expose the child to moral, physical, or psychological danger.
• The child's release would defeat the ends of justice. If bail is not granted, the child can be placed in an observation home or a place of safety.
Q8. Any person aggrieved by the order made by the competent authority under the Juvenile justice care and protection of children act 2000 can appeal to
a) The sessions court
b) The High court
c) Home minister
d) Chief justice magistrate
Answer – a) The sessions court
Explanation –
Order made by the competent authority (such as the Juvenile Justice Board) has the right to appeal. The appropriate appellate authority is specified within the Act.
Section 52 of the Juvenile Justice (Care and Protection of Children) Act, 2000 provides for appeals. It states that any person aggrieved by an order passed by the Juvenile Justice Board or the Child Welfare Committee can appeal to the Court of Session.
The Sessions Court is designated as the appellate authority to ensure that appeals are handled by a judicial body with sufficient authority and expertise to review the decisions made by the Juvenile Justice Board.
Q9. A children court trying a child in conflict with law for a heinous offence is not empowered to
a) Hold trial of a child as an adult
b) Hold inquiry of the child as a Juvenile justice board
c) Sentence the child to imprisonment for a term of 10 years
d) Send a child to a place of safety till he attains the age of 21 years
Answer – c) Sentence the child to imprisonment for a term of 10 years
Explanation –
Under the Juvenile Justice (Care and Protection of Children) Act, 2015, specific provisions dictate how children in conflict with the law, especially those involved in heinous offences, are to be treated. The Act ensures that the approach remains focused on rehabilitation rather than punitive measures, even when the child is tried as an adult.
When a child aged 16 or above is found to have committed a heinous offence and is tried as an adult, the Children's Court conducts the trial. However, the court must consider the best interests of the child and the aim of rehabilitation.
According to Section 21 of the Juvenile Justice Act, no child in conflict with the law can be sentenced to death or life imprisonment without the possibility of release. The Act allows for alternative measures such as placing the child in a place of safety till they attain the age of 21 years, after which they are transferred to an adult prison if deemed necessary.
Q10. Who shall review the pendency of cases of Juvenile justice board on quarterly basis
a) Chief judicial magistrate
b) High level committee consisting of the executive chairperson of the state legal services authority
c) District magistrate
d) Chairperson of human rights commission
Answer – a) Chief judicial magistrate
Explanation -
Under the Juvenile Justice (Care and Protection of Children) Act, 2015, the oversight of juvenile justice proceedings includes a review mechanism to ensure the timely processing of cases.
The Act mandates that the pendency of cases before the Juvenile Justice Board be reviewed on a quarterly basis to ensure that there are no undue delays in the handling of juvenile cases.
According to the provisions of the Act, the Chief Judicial Magistrate is responsible for reviewing the pendency of cases before the Juvenile Justice Board every quarter. This review is intended to ensure that juvenile cases are being managed efficiently and to expedite the process where necessary
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