The present enactment, The Juvenile Justice (Care and Protection of Children) Act, 2015 is the Act of Parliament which was enacted by it in the 66th year of the republic of India, and it was given assent by the President of India on 31st day of December, 2015. The main purpose and object behind enactment is to consolidate and amend the law in relation to the children alleged and found to be in conflict with law and children in need of care and protection by catering to their basic needs with the proper care, protection, treatment, development, social re-integration, by adopting a child- friendly approach in the adjudication and disposal of matters in the best interest of children. Not only this, but also for rehabilitation of the children with the processes provided. Notably, there was an earlier enactment on this topic, but, the legislature felt it necessary to re- enact the same for making comprehensive provisions on this issue.
The Act is containing 112 sections in total, which are divided into ten important chapters, out of which the first chapter is containing preliminary provisions, as to short titles, extension, application and definitions of terminologies used herein. The second chapter and other chapters being most important chapters in this Act, are providing very substantive provisions on this issue.
As per the provisions of this new enactment, the juveniles between the ages of 16 to 18 years to be tried as an adult accused for the commission of the heinous offences. Moreover, such juveniles if would be found committing a lesser means serious offence can be tried as an adult only if he is apprehended after the age of twenty- one years. Moreover, this enactment also permits the constitution of the Juvenile Justice Boards and Child Welfare Committees in each of the districts for easy access to justice. And in the process, the said Board will be required to conduct a preliminary inquiry for determining whether a juvenile offender is to be committed to the rehabilitation or be tried as an adult, as per the nature of his allegedly committed offence. Moreover, the aforementioned Committees will be considering the matters for the institutional care for children in need of care and protection. Also, provisions for the eligibility of the adoptive parents, procedure for adoption are also given under ninth chapter in the Act. And in the last and most important chapter is dealing with the miscellaneous provisions in the Act. Thus, the Act comprehensively dealing with the provisions for the children offenders and children victims, when then come in connection with a crime.
Read the Bare Act: The Juvenile Justice (Care and Protection of Children) Act 2015