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Orders under the Act


Orders under the Act
Orders under the Act

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Orders regarding a child not found to be in conflict with law

Section 17 of the Juvenile Justice Act addresses the scenario where a child brought before the Board is found not to have committed any offence. According to this section, if the Board determines, after inquiry, that the child is innocent of any wrongdoing, it is mandated to pass an order to that effect, irrespective of any other prevailing laws.


Additionally, if the Board believes that the child requires care and protection, it has the authority to refer the child to the Committee along with suitable directives.

 
 

Orders regarding child found to be in conflict with law

Section 18 discusses the measures that can be taken regarding children who have committed offences. Regardless of the child's age, if they are found to have engaged in a minor, serious, or severe offence, the Board intervenes. They take into account factors such as the seriousness of the offence, the child's specific needs, and their background before determining the appropriate action.


The Board has several options at its disposal. They may choose to provide counseling to the child and their parents or guardians and allow them to return home after a thorough inquiry. Alternatively, they might direct the child to participate in group counseling sessions or community service under supervision.


Fines can also be imposed as a form of penalty, with consideration given to the child's employment status to ensure compliance with labor laws. In certain cases, the Board may opt for probation, where the child is placed under the care of a parent, guardian, or responsible individual.


This probation period, which typically lasts no more than three years, is aimed at ensuring the child's welfare and good behavior. Alternatively, the child may be placed under the supervision of a specialized facility for rehabilitation and behavior modification.


Additionally, the Board can mandate certain actions for the child's benefit. This might include attending school regularly, enrolling in vocational training programs, seeking therapy, or undergoing treatment for addiction, if applicable.


If, after preliminary assessment, the Board determines that it's necessary for the child to face trial as an adult, the case may be transferred to a specialized Children’s Court with jurisdiction over such matters. This ensures that the legal proceedings are conducted in a manner appropriate for dealing with juvenile offenders.



Order that may not be passed against a child in conflict with law

Section 21 outlines restrictions on the types of sentences that can be imposed on children who are in conflict with the law. It explicitly prohibits the imposition of death sentences or sentences of life imprisonment without the possibility of release for any offence committed by a child, whether under the provisions of this Act or under the Indian Penal Code or any other prevailing law.


This provision emphasizes the special considerations that must be taken into account when dealing with juvenile offenders. It recognizes the inherent vulnerability and capacity for rehabilitation in children, mandating that their sentences be proportionate to their age and circumstances.


By barring the most severe forms of punishment, such as death or permanent incarceration without the chance for release, the law aims to ensure that children in conflict with the law are given the opportunity for rehabilitation and eventual reintegration into society.



Removal of disqualification on the findings of an offence

Section 24 addresses the removal of disqualifications resulting from a child's offence dealt with under the provisions of this Act. It states that despite any disqualifications attached to a conviction under other laws, a child who has committed an offence and has been addressed under this Act will not suffer such disqualifications.


However, there's an exception to this rule. If a child, who has either completed or is above sixteen years of age, is found to be in conflict with the law by the Children’s Court under certain circumstances specified in section 19, then the protections of this section do not apply to them.


Furthermore, the section outlines the procedure for handling records of conviction. The Board is mandated to issue an order directing either the police or the Children’s Court registry to destroy the relevant records of conviction after the appeal period has expired or after a reasonably prescribed period.


However, in cases involving heinous offences where the child is found to be in conflict with the law under specific circumstances, the relevant records of conviction must be retained by the Children’s Court. This provision aims to balance the need for rehabilitation and reintegration of the child with the necessity to maintain records for serious offences.

 
 


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