Juvenile Justice (Care and Protection of Children) Act, 2015
1. Background and Need
for the Amendment
- The Juvenile Justice (Care and
Protection of Children) Act, 2000 was the main law governing children
in conflict with law and those in need of care.
- However, the law was criticized after
the 2012 Nirbhaya gang rape case, in which one of the main accused
was a juvenile aged 17 years.
- There was widespread public outcry
for more stringent laws for juveniles, especially those committing heinous
crimes.
- This led to the formulation and
passing of the Juvenile Justice (Care and Protection of Children) Act,
2015, which came into force on 15th January 2016.
2. New Classification of
Offences under the 2015 Act
To ensure better legal
handling, the Act classified offences into:
1. Petty
Offences – Punishment less than 3 years.
2. Serious
Offences – Punishment between 3 to 7 years.
3. Heinous
Offences – Punishment more than 7 years (like rape,
murder, terrorism).
This classification helps
the Juvenile Justice Board (JJB) in deciding how to handle each case
based on its severity.
3. Treatment of Juveniles
Aged 16–18 in Heinous Crimes
- The most important change in the 2015
Act is the provision to try juveniles aged between 16 and 18 as adults
in case of heinous offences.
- But this decision is not automatic—a
Preliminary Assessment is conducted by the Juvenile Justice
Board (JJB) to determine:
- The mental capacity of the
child to commit the offence.
- The physical ability of the
child to commit the offence.
- Whether the child understood the
consequences of the act.
- The circumstances under which
the offence took place.
If found capable, the case is
transferred to the Children’s Court, which may try the juvenile as an
adult.
4. Role of Juvenile Justice Board (JJB)
- The JJB consists of:
- A Metropolitan or Judicial
Magistrate.
- Two social workers, including
at least one woman.
- Main Functions:
- Conduct preliminary assessment
in heinous offences for juveniles aged 16–18.
- Decide whether to retain the case or
refer it to Children’s Court.
- Ensure child-friendly procedures
and protect the child’s rights throughout.
5. Role of Children’s Court
- After a case is transferred by the
JJB, the Children’s Court:
- Reviews the JJB’s preliminary
assessment.
- Decides whether the child should be
tried as an adult or juvenile.
- If the child is tried as an adult:
- A trial similar to that for
adults is conducted.
- However, the court must still ensure
the process is child-sensitive and fair.
- If the child is not suitable for
adult trial, the case is sent back to the JJB for disposal under the
juvenile justice procedure.
6. Protection and Rehabilitation Measures
- The Act emphasizes that even if a
juvenile is tried as an adult, the focus should still be on:
- Reformation
- Rehabilitation
- Reintegration into society
- Institutions like Observation
Homes, Special Homes, and Rehabilitation Centres are
provided for care and skill development.
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7. Why This Change Matters
- It aims to address the gap in earlier
laws where mature juveniles involved in heinous crimes got away with
lenient punishment.
- Now, the law acknowledges that some
children aged 16–18 may be mature enough to understand and plan serious
crimes.
- Yet, it retains the child rights
perspective, giving them a chance to reform instead of purely
punishing.
8. Balancing
Accountability with Child Rights
- The Act tries to create a balance
between:
- Accountability for heinous crimes
by older juveniles.
- Protection and welfare
for those who can still be reformed.
- Juveniles below 16 are still not
tried as adults, regardless of the crime committed.
Summary for Quick Revision
Topic |
Key Points |
Age Group |
Under 18 years |
Heinous Offence |
Crime with 7+ years
punishment |
Age 16–18 |
Can be tried as adult
after JJB assessment |
JJB |
Conducts preliminary
assessment |
Children’s Court |
Tries juvenile as adult
if JJB recommends |
Focus |
Rehabilitation +
Reform, not just punishment |
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Multiple Choice Questions
1. The
Juvenile Justice (Care and Protection of Children) Act, 2015 came into force
on:
a) 1st
January 2015
b) 15th
January 2016
c) 31st
December 2015
d)
2nd October 2015
Answer
- b)
2. The
JJ Act, 2015 replaced which earlier Act?
a) Child
Protection Act, 1998
b) Juvenile
Justice Act, 1986
c) Juvenile
Justice Act, 2000
d)
POCSO Act, 2012
Answer
- c)
3. The
JJ Act, 2015 is applicable to:
a) Children
below 16
b) Children
below 18
c) All
minors
d)
Only orphans
Answer
- b)
4. Who
is considered a “child in conflict with law”?
a) Child
witness in a crime
b) Child
affected by war
c) Child
accused of an offence
d)
Child of a convict
Answer
- c)
5. A
“child in need of care and protection” includes:
a) A
street child
b) A
trafficked child
c) A
child abandoned by family
d)
All of the above
Answer
- d)
6. Who
is responsible for implementation of the JJ Act at the district level?
a) High
Court
b) Child
Welfare Committee
c) District
Magistrate
d)
Police Station
Answer
- c)
7. Under
the JJ Act, who appoints members of the Juvenile Justice Board?
a) Chief
Justice
b) President
of India
c) State
Government
d)
Central Government
Answer
- c)
8. Observation
Homes are meant for:
a) Abandoned
infants
b) Orphans
c) Children
in conflict with law
d)
Street children
Answer
- c)
9. The
minimum age for a child to be tried as an adult in heinous crimes is:
a) 14
years
b) 15
years
c) 16
years
d)
17 years
Answer
- c)
10. The
Juvenile Justice Act was amended primarily in response to:
a) The
2008 Mumbai attacks
b) The
Nirbhaya case (2012)
c) POCSO
Act implementation
d)
National Child Policy 2013
Answer
- b)
11. Offences
under the JJ Act are classified into how many types?
a) Two
b) Three
c) Four
d)
Five
Answer
- b)
12. Petty
offences are punishable with:
a) Less
than 3 years
b) 3
to 7 years
c) 7
years and above
d)
Life imprisonment
Answer
- a)
13. Serious
offences are those with punishment of:
a) Below
3 years
b) Exactly
5 years
c) 3
to 7 years
d)
Above 10 years
Answer
- c)
14. Heinous
offences refer to crimes punishable with:
a) Minimum
7 years
b) Maximum
5 years
c) Only
life imprisonment
d)
Fine of more than ₹1 lakh
Answer
- a)
15. Rape
and murder fall under which category?
a) Petty
b) Serious
c) Heinous
d)
None
Answer
- c)
16. The
purpose of classifying offences is to:
a) Increase
crime data
b) Decide
bail conditions
c) Guide
legal procedures
d)
Impose fines
Answer
- c)
17. A
petty offence by a child is generally handled by:
a) High
Court
b) Police
directly
c) Juvenile
Justice Board
d)
Panchayat
Answer
- c)
18. In
serious offences, the child is:
a) Sent
to jail
b) Tried
as an adult
c) Not
liable at all
d)
Handled by JJB with inquiry
Answer
- d)
19. Heinous
offence committed by a 15-year-old will be tried:
a) As
an adult
b) As
a juvenile
c) In
civil court
d)
None of these
Answer
- b)
20. Which
of the following is not a heinous offence?
a) Gang
rape
b) Theft
c) Murder
d)
Kidnapping for ransom
Answer
- b)
21. Who
heads the Juvenile Justice Board?
a) A
District Judge
b) A
Judicial Magistrate
c) Child
Welfare Officer
d)
DM
Answer
- b)
22. How
many members are on the JJB?
a) 2
b) 3
c) 4
d)
5
Answer
- b)
23. At
least one member of the JJB must be:
a) A
police officer
b) A
psychologist
c) A
woman
d)
A social activist
Answer
- c)
24. Preliminary
assessment is conducted for:
a) Petty
offences only
b) Children
in need of care
c) Heinous
offences by 16–18-year-olds
d)
Adults committing offences with minors
Answer
- c)
25. Preliminary
assessment is done to evaluate:
a) Legal
costs
b) Risk
of escape
c) Mental
and physical capacity of child
d)
Financial status of family
Answer
- c)
26. If
a child is found fit for adult trial, the case is transferred to:
a) Supreme
Court
b) District
Court
c) Children’s
Court
d)
Gram Sabha
Answer
- c)
27. Children’s
Court is meant to:
a) Try
parents of child offenders
b) Hear
bail petitions only
c) Try
juvenile cases as adults
d)
Cancel adoption
Answer
- c)
28. Even
in adult trial, the court must ensure:
a) Fast-track
sentencing
b) Deterrence
c) Child-friendly
procedures
d)
Immediate punishment
Answer
- c)
29. If
the child is not suitable for adult trial, the Children’s Court will:
a) Acquit the child
b) Send
back the case to JJB
c)
Transfer to civil court
d)
Close the case
Answer
- b)
30. The
JJB can order the child to be placed in:
a) Central
jail
b) Detention
centre
c) Observation
home
d)
NGO shelter
Answer
- c)
31. The
JJ Act focuses on:
a) Maximum
punishment
b) Strict
police action
c) Reform
and rehabilitation
d)
Child labour regulation
Answer
- c)
32. A
child must not be placed in a police lock-up:
a) For
serious crimes
b) Under
any circumstances
c) If
female
d)
If under 12
Answer
- b)
33. Special
Homes are established for:
a) Abandoned
children
b) Convicted
juveniles
c) Foster
care
d)
Disabled children
Answer
- b)
34. Foster
care under JJ Act aims to:
a) Provide
legal education
b) Rehabilitate
child temporarily
c) Deport
child
d)
Punish foster families
Answer
- b)
35. Rehabilitation
includes:
a) Skill
training
b) Education
c) Counselling
d)
All of the above
Answer
- d)
36. Child
Welfare Committees are constituted at:
a) Block
level
b) District
level
c) Taluka
level
d)
State level
Answer
- b)
37. A
child under 7 years is:
a) Fully
criminally liable
b) Partially
liable
c) Not
criminally liable
d)
Subject to court trial
Answer
- c)
38. JJ
Act promotes:
a) Corporal
punishment
b) Child
labour
c) Institutional
care only
d)
Adoption and reintegration
Answer
- d)
39. JJ
Act also covers:
a) Foreign
children
b) Refugees
c) Abandoned
children
d)
All of the above
Answer
- d)
40. CWC
must dispose of cases within:
a) 12
months
b) 24
hours
c) 4
months
d)
6 months
Answer
- d)
41. The
final goal of the JJ Act is:
a) Strict
imprisonment
b) Social
exclusion
c) Reintegration
into society
d)
Public shaming
Answer
- c)
42. Adoption
under JJ Act is regulated by:
a) High
Court
b) District
Collector
c) Central
Adoption Resource Authority (CARA)
d)
UNICEF
Answer
- c)
43. Child-friendly
procedures include:
a) No
handcuffs
b) Sitting
with police
c) Public
hearings
d)
Harsh questioning
Answer
- a)
44. Rehabilitation
card includes:
a) Medical
record
b) Education
and skill details
c) Counseling
history
d)
All of the above
Answer
- d)
45. A
child’s right to privacy must be protected under:
a) JJ
Rules
b) Indian
Evidence Act
c) IPC
d)
POCSO
Answer
- a)
46. JJ
Act was enacted by:
a) State
Government
b) High
Courts
c) Parliament
of India
d)
National Commission for Protection of
Child Rights
Answer
- c)
47. JJ
Act gives primacy to:
a) Criminal
law principles
b) Rehabilitation
and welfare
c) Jail
system
d)
Retribution
Answer
- b)
48. The
minimum age for adoption under JJ Act is:
a) 3
months
b) 6
months
c) 1
year
d)
No fixed age
Answer
- d)
49. JJ
Act is aligned with:
a) UNCRC
b) CEDAW
c) WHO
Charter
d)
Hague Convention
Answer
- a)
50. The
major principle guiding the Act is:
a) Punishment
b) Revenge
c) Best
interest of the child
d)
Profit motive
Answer
- c)
51. The
Child Welfare Committee (CWC) must consist of how many members?
a) 3
b) 5
c) 6
d)
7
Answer
- b)
52. The
tenure of a CWC member is:
a) 2
years
b) 3
years
c) 5
years
d)
6 years
Answer
- c)
53. The
CWC must conduct an inquiry and pass a final order within:
a) 4
months
b) 60
days
c) 3
months
d)
6 months
Answer
- d)
54. One
of the key functions of the CWC is to:
a) Conduct
medical tests
b) Place
child in jail
c) Declare
a child legally free for adoption
d)
Report parents to police
Answer
- c)
55. Which
authority decides the fit facility for children in need of care?
a) Police
b) CWC
c) District
Magistrate
d)
Juvenile Court
Answer
- b)
56. Which
institution is responsible for temporary housing and rehabilitation of
children?
a) Special
Home
b) Police
Lock-up
c) Shelter
Home
d)
Correctional Centre
Answer
- c)
57. Foster
care under the Act is meant for:
a) Lifelong
rehabilitation
b) Group
punishment
c) Short-term
family-based care
d)
Legal guardianship only
Answer
- c)
58. Which
of the following is a principle under rehabilitation and reintegration?
a) Punishment-based
approach
b) Institutionalization
only
c) Individual
care plan
d)
Generalized orders
Answer
- c)
59. A
child leaving institutional care is provided with:
a) Police
protection
b) Aftercare
support
c) Lifetime
monitoring
d)
Parental supervision
Answer
- b)
60. A
rehabilitation card contains details like:
a) Crime
details
b) School
punishment records
c) Education,
skills, health status
d)
Family income
Answer
- c)
61. Adoption
under the JJ Act is governed by:
a) CWC
b) Family
Court
c) Central
Adoption Resource Authority (CARA)
d)
Ministry of Education
Answer
- c)
62. Children
who can be adopted under this Act include:
a) Orphans
b) Surrendered
children
c) Abandoned
children
d)
All of the above
Answer
- d)
63. An
abandoned child is legally free for adoption after:
a) 15
days
b) 30
days of no claim
c) 90
days with a medical report
d)
Immediate declaration
Answer
- b)
64. The
eligibility for prospective adoptive parents includes:
a) Married
couples only
b) At
least one biological child
c) Capability
to provide upbringing
d)
No criminal record in last year
Answer
- c)
65. Who
declares a child “legally free for adoption”?
a) Adoption
agency
b) Local
police
c) CWC
d)
District Judge
Answer
- c)
66. Inter-country
adoption is guided under:
a) Hague
Convention
b) UNICEF
Convention
c) JJ
Act Part IV
d)
Domestic Law only
Answer
- a)
67. Adoption
regulations are framed by:
a) Supreme
Court
b) CARA
c) Ministry
of Education
d)
Police Department
Answer
- b)
68. Surrendered
children must be given time for reconsideration for:
a) 10
days
b) 30
days
c) 60
days
d)
90 days
Answer
- b)
69. What
is the maximum age for adopting a child aged below 4 years?
a) 40
years
b) 45
years
c) 50
years
d)
55 years
Answer
- b)
70. The
JJ Act ensures adoption is done:
a) Based
on religion
b) Through
a public auction
c) In
the best interest of the child
d)
For the benefit of the agency
Answer
- c)
71. The
JJ Act gives primacy to:
a) Institutionalization
b) Family-based
care
c) Imprisonment
d)
Community policing
Answer
- b)
72. Which
body oversees the proper implementation of JJ Act at national level?
a) Ministry
of Law
b) National
Commission for Women
c) NCPCR
d)
NHRC
Answer
- c)
73. Who
has the power to inspect child care institutions?
a) Police
constable
b) Magistrate
c) Inspection
Committee under JJ Rules
d)
Teachers' Union
Answer
- c)
74. The
Act prohibits disclosure of:
a) Child’s
identity in media
b) Offence
committed
c) School
attended
d)
Parental names
Answer
- a)
75. Every
child care institution must be:
a) Privately
funded
b) Government-run
only
c) Registered
under the JJ Act
d)
Controlled by local politicians
Answer
- c)
76. Non-registration
of a child care institution is:
a) Permitted
for NGOs
b) Not
punishable
c) A
criminal offence
d)
Subject to state exception
Answer
- c)
77. Which
of the following are prohibited under JJ Act?
a) Solitary
confinement
b) Corporal
punishment
c) Use
of handcuffs
d)
All of the above
Answer
- d)
78. Which
section of JJ Act deals with offences against children?
a) Section
20
b) Section
75
c) Section
41
d)
Section 27
Answer
- b)
79. The
Act provides protection against which type of assault?
a) Physical
b) Emotional
c) Sexual
d)
All of the above
Answer
- d)
80. A
child found working in bonded labour is covered under:
a)
Labour Act
b)
Only POCSO
c)
JJ Act as child in need of care
d)
IPC Section 302
Answer
- c)