Frequently Asked Questions On Juvenile Justice Act

QUERY #1

Is section 75 of the Juvenile Justice Act a compoundable offence?

ANSWER:

The short answer to your question is NO. Offences under the Juvenile Justice Act are not compoundable.
Section 75 of the Juvenile Justice Act of 2015 prescribes the punishment for cruelty towards a child. It states that any person who subjects a child to any unnecessary punishment, torture, abuse, assault, or wilfully neglects the child, or procures the child to be assaulted, punished, tortured, abused, or neglected, shall be punished with imprisonment for a term of upto three years or with a fine of one lakh rupees or both.
Compoundable offences are those offences wherein it is possible for the complainant to enter into a compromise with the accused and drop the charges against them. Such a compromise should be done with a bona fide intention, meaning that the case should not be compounded in return for any consideration to the victim. Essentially, this compromise should be made with a good intention and should be genuine. Therefore, only those offences are compoundable that are relatively petty in nature. Some offences can only be compounded after receiving permission from the Court. Section 320 of the CrPC mentions the offences that are compoundable in nature, which includes offences like theft, uttering words with the intent of hurting the religious feelings of someone, defamation, etc. The same is mentioned in Section 359 of the new Bharatiya Nagarik Suraksha Sanhita, 23.
Therefore, since cruelty towards a child is not mentioned in section 320 of the CrPC, along with it being a serious offence, makes it non-compoundable.

QUERY #2

What action will be taken against a minor who stole grocery items from a general store and got caught?

ANSWER:

The short answer to your question is that the Juvenile Justice Board will conduct an inquiry into the matter, after which it will pass its judgement.
The Juvenile Justice Act of 2015 defines “petty offences” in its Section 2(45) as those offences for which the maximum punishment under the Indian Penal Code is three years of imprisonment. Section 379 of the Indian Penal Code, and Section 303 of the Bharatiya Nyaya Sanhitha, prescribes the punishment for theft as imprisonment that may extend to a term of three years, or fine, or both. Therefore, theft very well comes under the definition of a petty offence as per the Juvenile Justice Act. It must be noted that the BNS has expanded the definition of theft and now includes punishment as imprisonment for a term of up to seven years and fine, for certain offences specified in it. Since the offence in question does not come under its purview, it shall not be considered.
When a child alleged to be in conflict with law is apprehended, as per Section 13 of the Juvenile Justice Act, it is the duty of the officer designated as the Child Welfare Officer of the particular police station to inform the parents or guardian of the child of the same, and direct them to be present at the Juvenile Justice Board before which the child will be produced.
Once the child is produced before the Board, Section 14 of the same act prescribes that, it should conduct an inquiry into the matter which should be completed within four months, with an extension of two months available for cases whose circumstances are complex, the reasons for which should be recorded. Inquiry against petty offences should be conducted in a summary manner as defined in the CrPC, and if the inquiry remains inconclusive even after the extended period, the proceedings shall be terminated in case of petty offences.
As per Section 18 of the same act, if after the inquiry the Board determines the child to be in conflict with law, it shall pass any one of the following orders as it may deem fit, which will be  dependant on the gravity of the offence:

1. Allow the child to go home after he and his parents or guardian are given appropriate counselling;
2. Direct the child to participate in group counselling sessions;
3. Order the child to perform community service under some organisation or person identified by the Board;
4. Order the parents or guardian of the child to pay fine;
5. Direct the child to be released under probation of good conduct and be placed under the care of any parent, guardian, or fit person, who may execute a bond for the same, for the good behaviour and well being of the child, for a term not exceeding three years;
6. Direct the child to be released under probation of good conduct and be placed under the care and supervision of any fit facility for the purpose of ensuring the good behaviour and well being of the child;
7. Direct the child to be sent to a special home, for a term not exceeding three years, where they will be provided with reformative services such as education, counselling, psychiatric support, etc., unless it is in the best interest of the child or the children in the special home to not do so.

In cases where the child is allowed to go home after counselling or sent to a special home, they shall be allowed to go to school and other educational institutions, and can also be prevented from visiting a particular place or asked to undergo any de-addiction programme.

QUERY #3

What action will be taken against a minor booked under Section 25(4) of the Arms Act?

ANSWER:

The short answer to your question is that an inquiry will be conducted by the Juvenile Justice Board, which will pass an order based on the circumstances of the case.
Section 25(4) of the Arms Act of 1959 prescribes the punishment for a person not being able to produce the licence of a firearm or fails to produce it before the licensing authority upon its suspension or revocation, is imprisonment for a term not exceeding six months, or fine not exceeding 500 rupees, or both.
Since Section 2(45) of the Juvenile Justice Act defines a petty offence as one where the punishment for the same is imprisonment not exceeding three years as per the IPC or any other law in force, this offence will come under the ambit of a “petty offence”
In this case, the Juvenile Justice Board is to conduct an inquiry upon the matter to determine its veracity as per Section 14 of the same Act, the proceedings for which should be completed within four months from the date of first producing the child before the Board, with an extension period of two more months available in certain circumstances, the reasons for which should be recorded. Since this is a petty offence, the proceedings are to be conducted summarily, and if the inquiry cannot be completed even after the extension period, it is to be terminated.
Once the inquiry is completed and the Board is satisfied that the child is in conflict with the law, it shall pass any one of the following orders as it may deem fit, depending on the gravity of the offence committed:

1. Allow the child to go home after he and his parents or guardian are given appropriate counselling;
2. Direct the child to participate in group counselling sessions;
3. Order the child to perform community service under some organisation or person identified by the Board;
4. Order the parents or guardian of the child to pay fine;
5. Direct the child to be released under probation of good conduct and be placed under the care of any parent, guardian, or fit person, who may execute a bond for the same, for the good behaviour and well being of the child, for a term not exceeding three years;
6. Direct the child to be released under probation of good conduct and be placed under the care and supervision of any fit facility for the purpose of ensuring the good behaviour and well being of the child;
7. Direct the child to be sent to a special home, for a term not exceeding three years, where they will be provided with reformative services such as education, counselling, psychiatric support, etc., unless it is in the best interest of the child or the children in the special home to not do so.

In cases where the child is allowed to go home after counselling or sent to a special home, they shall be allowed to go to school and other educational institutions, and can also be prevented from visiting a particular place or asked to undergo any de-addiction programme.

QUERY #4

If a minor was apprehended for a crime, and became a major by the time he was sentenced to imprisonment, will he be sent to an adult jail or a juvenile jail?

ANSWER:

The short answer to your question is that the person will be sent to an adult jail.
The procedure that is followed in cases where a juvenile has committed an offence must be understood here. The laws for the same are prescribed in the Juvenile Justice Act, 2015. When a juvenile is alleged to have committed an offence and they are apprehended by the police, the Child Welfare Officer of that police station must inform the parents or guardian of the child about the same.
The child must then be presented before the Juvenile Justice Board, after which the Board will conduct an inquiry, wherein a preliminary inquiry will conducted which should be completed within three months, to determine the mental and physical capacity of the child to commit such offence, and if they are able to understand the consequences of their action, for which the Board may seek assistance from expert psychologists.
Upon receiving the report of the preliminary inquiry by the Board, the Children’s Court may decide to either try the child as an adult, or as per Section 18 of the Juvenile Justice Act. If it is decided that the child should be tried as an adult, the Children’s Court will pass an order to send the child to a place of safety till they attain an age of 21 years, after which they will be sent to jail.