Who is a juvenile?

Any juvenile or child who has not completed the age of eighteen would be covered by the Act

Separation of child in conflict with the law from child in need of care and protection. In the past children who had committed serious offences used to be kept in the same institution as children neglected children. The 2000 law

calls for observation homes for juveniles in conflict with the law and children's homes for children in need of care and protection.

Points specific to the child in conflict with the law

• Whatever the nature of the offence, the child shall be released on bail regardless of surety. If extraordinary circumstances calls for detention it must be in an observation home, not prison or police station.

• The Juvenile Justice Board which consists of two social workers and one magistrate has the discretionary power to send the child home after admonition or advice or order him or her to perform community service or release the child on probation. (Sec. 15)

• A child cannot be sentenced to death or life imprisonment or committed to prison in nonpayment payment of fine or furnishing of security. (Sec. 16)

• No child shall suffer any disqualification attaching to a conviction. After a reasonable period of time the records of the conviction must be removed.(Sec.19)

• No child shall be tried with an adult. (Sec.18)

• The act also protects the privacy of the child. No media report may carry identifying particulars or particulars of a child in conflict with the law or a child in need of care and protection.(Sec.21)

Points specific to the child in need of care and protection

• Expansion of category
  In JJA 2000, the category of children in need of care and protection has been expanded to include victims of armed conflict, natural calamity, and civil commotion, child found vulnerable and likely to be inducted into drug abuse.

• Custodial framework for dealing with child in need of care and protection
  Children in need of care and protection stay within the purview of the criminal justice system. The police have the powers to contact a child, hold an inquiry and produce him before the Child Welfare Committee.

• Restoration as option for child in need of care and protection
  The law emphasizes restoring the child to parents, adopted parents or fosters parents with adoption, foster care, sponsorship and aftercare through the juvenile and special homes being a secondary option. (Sec.39)