SectionsParticulars
Preamble
An Act to consolidate and amend the law relating to children alleged and found to be in conflict with law and children in need of care and protection by cater...
Chapter IPreliminary
1Short title, extent, commencement and application
1. Short title, extent and commencement.- 1.     This Act may be called the Electricity Act, 2003.2.     It extends to the whole of India except the State ...
2Definitions
In this Act, unless the context otherwise requires,—1.     “abandoned child” means a child deserted by his biological or adoptive parents or guardians, who h...
Chapter IIGeneral Principles of Care and Protection of Children
3General principles to be followed in administration of Act
The Central Government, the State Governments, the Board, and other agencies, as the case may be, while implementing the provisions of this Act shall be guide...
Chapter IIIJuvenile Justice Board
4Juvenile Justice Board
1.     Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the State Government shall, constitute for every district, one or more Juve...
5Placement of person, who cease to be a child during process of inquiry
Where an inquiry has been initiated in respect of any child under this Act, and during the course of such inquiry, the child completes the age of eighteen ye...
6Placement of persons, who committed an offence, when person was below the age of eighteen years
1.     Any person, who has completed eighteen years of age, and is apprehended for committing an offence when he was below the age of eighteen years, then, su...
7Procedure in relation to Board
1.     The Board shall meet at such times and shall observe such rules in regard to the transaction of business at its meetings, as may be prescribed and shal...
8Powers, functions and responsibilities of the Board
1.     Notwithstanding anything contained in any other law for the time being in force but save as otherwise expressly provided in this Act, the Board constit...
9Procedure to be followed by a Magistrate who has not been empowered under this Act
1.     When a Magistrate, not empowered to exercise the powers of the Board under this Act is of the opinion that the person alleged to have committed the off...
Chapter IVProcedure in Relation to Children in Conflict with Law
10Apprehension of child alleged to be in conflict with law
1.     As soon as a child alleged to be in conflict with law is apprehended by the police, such child shall be placed under the charge of the special juvenil...
11Role of person in whose charge child in conflict with law is placed
Any person in whose charge a child in conflict with law is placed, shall while the order is in force, have responsibility of the said child, as if the said pe...
12Bail to a person who is apparently a child alleged to be in conflict with law
1.     When any person, who is apparently a child and is alleged to have committed a bailable or non-bailable offence, is apprehended or detained by the poli...
13Information to parents, guardian or probation officer
1.     Where a child alleged to be in conflict with law is apprehended, the officer designated as Child Welfare Police Officer of the police station, or the s...
14Inquiry by Board regarding child in conflict with law
1.     Where a child alleged to be in conflict with law is produced before Board, the Board shall hold an inquiry in accordance with the provisions of this Ac...
15Preliminary assessment into heinous offences by Board
1.     In case of a heinous offence alleged to have been committed by a child, who has completed or is above the age of sixteen years, the Board shall conduc...
16Review of pendency of inquiry
1.     The Chief Judicial Magistrate or the Chief Metropolitan Magistrate shall review the pendency of cases of the Board once in every three months, and shal...
17Orders regarding a child not found to be in conflict with law
1.     Where a Board is satisfied on inquiry that the child brought before it has not committed any offence, then notwithstanding anything contrary contained ...
18Orders regarding child found to be in conflict with law
1.     Where a Board is satisfied on inquiry that a child irrespective of age has committed a petty offence, or a serious offence, or a child below the age of...
20Child attained age of twenty-one years and yet to complete prescribed term of stay in place of safety
1.     When the child in conflict with the law attains the age of twenty-one years and is yet to complete the term of stay, the Children´s Court shall provide...
21Order that may not be passed against a child in conflict with law
No child in conflict with law shall be sentenced to death or for life imprisonment without the possibility of release, for any such offence, either under the ...
22Proceeding under Chapter VIII of the Code of Criminal Procedure not to apply against child
Notwithstanding anything to the contrary contained in the Code of Criminal Procedure, 1973, or any preventive detention law for the time being in force, no pr...
23No joint proceedings of child in conflict with law and person not a child
1.     Notwithstanding anything contained in section 223 of the Code of Criminal Procedure, 1973 or in any other law for the time being in force, there shall ...
24Removal of disqualification on the findings of an offence
1.     Notwithstanding anything contained in any other law for the time being in force, a child who has committed an offence and has been dealt with under th...
25Special provision in respect of pending cases
Notwithstanding anything contained in this Act, all proceedings in respect of a child alleged or found to be in conflict with law pending before any Board or ...
26Provision with respect of run away child in conflict with law
1.     Notwithstanding anything to the contrary contained in any other law for the time being in force, any police officer may take charge of a child in confl...
Chapter VChild Welfare Committee
27Child Welfare Committee
1.     The State Government shall by notification in the Official Gazette constitute for every district, one or more Child Welfare Committees for exercising t...
28Procedure in relation to Committee
1.     The Committee shall meet at least twenty days in a month and shall observe such rules and procedures with regard to the transaction of business at its ...
29Powers of Committee
1.     The Committee shall have the authority to dispose of cases for the care, protection, treatment, development and rehabilitation of children in need of c...
30Functions and responsibilities of Committee
The functions and responsibilities of the Committee shall include—      i.        taking cognizance of and receiving the children produced before it;     ii....
Chapter VIProcedure in Relation to Children In Need of Care and Protection
31Production before Committee
1.     Any child in need of care and protection may be produced before the Committee by any of the following persons, namely:—              i.        any p...
32Mandatory reporting regarding a child found separated from guardian
1.     Any individual or a police officer or any functionary of any organisation or a nursing home or hospital or maternity home, who or which finds and takes...
33Offence of non-reporting
If information regarding a child as required under section 32 is not given within the period specified in the said section, then, such act shall be regarded a...
34Penalty for non-reporting
Any person who has committed an offence under section 33 shall be liable to imprisonment up to six months or fine of ten thousand rupees or both....
35Surrender of children
1.     A parent or guardian, who for physical, emotional and social factors beyond their control, wishes to surrender a child, shall produce the child before ...
36Inquiry
1.     On production of a child or receipt of a report under section 31, the Committee shall hold an inquiry in such manner as may be prescribed and the Comm...
37Orders passed regarding a child in need of care and protection
1.     The Committee on being satisfied through the inquiry that the child before the Committee is a child in need of care and protection, may, on considerati...
38Procedure for declaring a child legally free for adoption
1.     In case of orphan and abandoned child, the Committee shall make all efforts for tracing the parents or guardians of the child and on completion of suc...
Chapter VIIRehabilitation and Social Re-Integration
39Process of rehabilitation and social reintegration
1.     The process of rehabilitation and social integration of children under this Act shall be undertaken, based on the individual care plan of the child, p...
40Restoration of child in need of care and protection
1.     The restoration and protection of a child shall be the prime objective of any Children’s Home, Specialised Adoption Agency or open shelter.2.     The C...
41Registration of child care institutions
1.     Notwithstanding anything contained in any other law for the time being in force, all institutions, whether run by a State Government or by voluntary o...
42Penalty for non-registration of child care institutions
Any person, or persons, in-charge of an institution housing children in need of care and protection and children in conflict with law, who fails to comply wit...
43Open shelter
1.     The State Government may establish and maintain, by itself or through voluntary or non-governmental organisations, as many open shelters as may be requ...
44Foster care
1.     The children in need of care and protection may be placed in foster care, including group foster care for their care and protection through orders of t...
45Sponsorship
1.     The State Government shall make rules for the purpose of undertaking various programmes of sponsorship of children, such as individual to individual sp...
46After care of children leaving child care institution
Any child leaving a child care institution on completion of eighteen years of age may be provided with financial support in order to facilitate child’s re-in...
47Observation homes
1.     The State Government shall establish and maintain in every district or a group of districts, either by itself, or through voluntary or non-governmental...
48Special homes
1.     The State Government may establish and maintain either by itself or through voluntary or non-governmental organisations, special homes, which shall be ...
49Place of safety
1.     The State Government shall set up atleast one place of safety in a State registered under section 41, so as to place a person above the age of eighteen...
51Fit facility
1.     The Board or the Committee shall recognise a facility being run by a Governmental organisation or a voluntary or non-governmental organisation register...
52Fit person
1.     The Board or the Committee shall, after due verification of credentials, recognize any person fit to temporarily receive a child for care, protection a...
53Rehabilitation and reintegration services in institutions registered under this Act and management thereof
1.     The services that shall be provided, by the institutions registered under this Act in the process of rehabilitation and re-integration of children, sha...
54Inspection of institutions registered under this Act
1.     The State Government shall appoint inspection committees for the State and district, as the case may be, for all institutions registered or recognised ...
55Evaluation of functioning of structures
1.     The Central Government or State Government may independently evaluate the functioning of the Board, Committee, special juvenile police units, registere...
Chapter VIIIAdoption
56Adoption
1.     Adoption shall be resorted to for ensuring right to family for the orphan, abandoned and surrendered children, as per the provisions of this Act, the r...
57Eligibility of prospective adoptive parents
1.     The prospective adoptive parents shall be physically fit, financially sound, mentally alert and highly motivated to adopt a child for providing a good ...
58Procedure for adoption by Indian prospective adoptive parents living in India
1.     Indian prospective adoptive parents living in India, irrespective of their religion, if interested to adopt an orphan or abandoned or surrendered child...
59Procedure for inter-country adoption of an orphan or abandoned or surrendered child
1.     If an orphan or abandoned or surrendered child could not be placed with an Indian or non-resident Indian prospective adoptive parent despite the joint...
60Procedure for inter-country relative adoption
1.     A relative living abroad, who intends to adopt a child from his relative in India shall obtain an order from the court and apply for no objection certi...
61Court procedure and penalty against payment in consideration of adoption
1.     Before issuing an adoption order, the court shall satisfy itself that ––a.     the adoption is for the welfare of the child; b.    due consideration is...
62Additional procedural requirements and documentation
1.     The documentation and other procedural requirements, not expressly provided in this Act with regard to the adoption of an orphan, abandoned and surrend...
63Effect of adoption
A child in respect of whom an adoption order is issued by the court, shall become the child of the adoptive parents, and the adoptive parents shall become the...
64Reporting of adoption
Notwithstanding anything contained in any other law for the time being in force, information regarding all adoption orders issued by the concerned courts, sha...
65Specialised Adoption Agencies
1.     The State Government shall recognise one or more institutions or organizations in each district as a Specialised Adoption Agency, in such manner as may...
66Adoption of children residing in institutions not registered as adoption agencies
1.     All the institutions registered under this Act, which may not have been recognised as Specialised Adoption Agencies, shall also ensure that all orphan ...
67State Adoption Resource Agency
1.     The State Government shall set up a State Adoption Resource Agency for dealing with adoptions and related matters in the State under the guidance of Au...
68Central Adoption Resource Authority
The Central Adoption Resource Agency existing before the commencement of this Act, shall be deemed to have been constituted as the Central Adoption Resource ...
69Steering Committee of Authority
1.     The Authority shall have a Steering Committee with following members :a.     Secretary, Ministry of Women and Child Development, Government of India, w...
70Powers of Authority
1.     For the efficient performance of its functions, Authority shall have the following powers, namely:—a.     to issue instructions to any Specialised Ado...
71Annual Report of Authority
1.     The Authority shall submit an annual report to the Central Government in such manner as may be prescribed.2.     The Central Government shall cause th...
72Grants by Central Government
1.     The Central Government shall, after due appropriation made by Parliament by law in this behalf, pay to the Authority by way of grants such sums of mone...
73Accounts and audit of Authority
1.     The Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed b...
Chapter IVOther Offences against Children
74Prohibition on disclosure of identity of children
1.     No report in any newspaper, magazine, news-sheet or audio-visual media or other forms of communication regarding any inquiry or investigation or judic...
75Punishment for cruelty to child
Whoever, having the actual charge of, or control over, a child, assaults, abandons, abuses, exposes or wilfully neglects the child or causes or procures the c...
76Employment of child for begging
1.     Whoever employs or uses any child for the purpose of begging or causes any child to beg shall be punishable with imprisonment for a term which may ext...
77Penalty for giving intoxicating liquor or narcotic drug or psychotropic substance to a child
Whoever gives, or causes to be given, to any child any intoxicating liquor or any narcotic drug or tobacco products or psychotropic substance, except on the o...
78Using a child for vending, peddling, carrying, supplying or smuggling any intoxicating liquor, narcotic drug or psychotropic substance
Whoever uses a child, for vending, peddling, carrying, supplying or smuggling any intoxicating liquor, narcotic drug or psychotropic substance, shall be liabl...
79Exploitation of a child employee
Notwithstanding anything contained in any law for the time being in force, whoever ostensibly engages a child and keeps him in bondage for the purpose of empl...
80Punitive measures for adoption without following prescribed procedures
If any person or organisation offers or gives or receives, any orphan, abandoned or surrendered child, for the purpose of adoption without following the prov...
81Sale and procurement of children for any purpose
Any person who sells or buys a child for any purpose shall be punishable with rigorous imprisonment for a term which may extend to five years and shall also ...
82Corporal punishment
1.     Any person in-charge of or employed in a child care institution, who subjects a child to corporal punishment with the aim of disciplining the child, sh...
83Use of child by militant groups or other adults
1.     Any non-State, self-styled militant group or outfit declared as such by the Central Government, if recruits or uses any child for any purpose, shall be...
84Kidnapping and abduction of childd
For the purposes of this Act, the provisions of sections 359 to 369 of the Indian Penal Code, shall mutatis mutandis apply to a child or a minor who is under ...
85Offences committed on disabled children
Whoever commits any of the offences referred to in this Chapter on any child who is disabled as so certified by a medical practitioner, then, such person shal...
86Classification of offences and designated court
1.     Where an offence under this Act is punishable with imprisonment for a term more than seven years, then, such offence shall be cognizable, non-bailable ...
87Abetment
Whoever abets any offence under this Act, if the act abetted is committed in consequence of the abetment, shall be punished with the punishment provided for ...
88Alternative punishment
Where an act or omission constitutes an offence punishable under this Act and also under any other law for the time being in force, then, notwithstanding anyt...
89Offence committed by child under this Chapter
Any child who commits any offence under this Chapter shall be considered as a child in conflict with law under this Act....
Chapter XMiscellaneous
90Attendance of parent or guardian of child
The Committee or the Board, as the case may be, before which a child is brought under any of the provisions of this Act, may, whenever it so thinks fit, requ...
91Dispensing with attendance of child
1.     If, at any stage during the course of an inquiry, the Committee or the Board is satisfied that the attendance of the child is not essential for the pur...
92Placement of a child suffering from disease requiring prolonged medical treatment in an approved place
When a child, who has been brought before the Committee or the Board, is found to be suffering from a disease requiring prolonged medical treatment or physica...
93Transfer of a child who is mentally ill or addicted to alcohol or other drugs
1.     Where it appears to the Committee or the Board that any child kept in a special home or an observation home or a Children’s Home or in an institution i...
94Presumption and determination of age
1.     Where, it is obvious to the Committee or the Board, based on the appearance of the person brought before it under any of the provisions of this Act (ot...
95Transfer of a child to place of residence
1.     If during the inquiry it is found that a child hails from a place outside the jurisdiction, the Board or Committee, as the case may be, shall, if sati...
97Release of a child from an institution
1.     When a child is kept in a Children’s Home or special home, on a report of a probation officer or social worker or of Government or a voluntary or non...
98Leave of absence to a child placed in an institution
1.     The Committee or the Board, as the case may be, may permit leave of absence to any child, to allow him, on special occasions like examination, marriage...
99Reports to be treated as confidential
1.     All reports related to the child and considered by the Committee or the Board shall be treated as confidential:Provided that the Committee or the Boa...
100Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against the Central Government, or the State Government or any person acting under the directions of...
101Appeals
1.     Subject to the provisions of this Act, any person aggrieved by an order made by the Committee or the Board under this Act may, within thirty days from...
102Revision
The High Court may, at any time, either on its own motion or on an application received in this behalf, call for the record of any proceeding in which any Co...
103Procedure in inquiries, appeals and revision proceedings
1.     Save as otherwise expressly provided by this Act, a Committee or a Board while holding any inquiry under any of the provisions of this Act, shall follo...
104Power of the Committee or the Board to amend its own orders
1.     Without prejudice to the provisions for appeal and revision contained in this Act, the Committee or the Board may, on an application received in this ...
105Juvenile justice fund
1.     The State Government may create a fund in such name as it thinks fit for the welfare and rehabilitation of the children dealt with under this Act.2.   ...
106State Child Protection Society and District Child Protection Unit
Every State Government shall constitute a Child Protection Society for the State and Child Protection Unit for every District, consisting of such officers and...
107Child Welfare Police Officer and Special Juvenile Police Unit
1.     In every police station, at least one officer, not below the rank of assistant sub-inspector, with aptitude, appropriate training and orientation may b...
108Public awareness on provisions of Act
The Central Government and every State Government, shall take necessary measures to ensure that—1.     the provisions of this Act are given wide publicity th...
109Monitoring of implementation of Act
1.     The National Commission for Protection of Child Rights constituted under section 3, or as the case may be, the State Commission for Protection of Child...
110Power to make ruless
1.     The State Government shall, by notification in the Official Gazette, make rules to carry out the purposes of this Act:Provided that the Central Gover...
111Repeal and savings
1.     The Juvenile Justice (Care and Protection of Children) Act, 2000 is hereby repealed.2.     Notwithstanding such repeal, anything done or any action tak...
112Power to remove difficulties
1.     If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, not inconsistent with the provisions of...
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