Children in conflict with the law: the juvenile justice system
When a child under 18 is accused of a crime: no lock-up, Juvenile Justice Board in 24 hours, bail as the rule, 16–18 heinous cases, privacy, clean record.
In short
- Anyone under 18 on the date of the offence is a child and is dealt with by the Juvenile Justice Board (JJB), not an ordinary court Secs 2(12), 2(13) JJ Act.
- A child is "apprehended", not arrested, must never be kept in a police lock-up or jail, and must be produced before the Board within 24 hours Sec 10.
- Bail is the rule, even for non-bailable offences Sec 12. If refused, the child goes to an observation home, not a prison.
- Only a child aged 16 or above accused of a heinous offence (minimum sentence 7 years or more) can, after a preliminary assessment, be tried as an adult Sec 15; even then no death penalty or life without release Sec 21.
- Call 1098 (Childline) or 112 if a child is in a lock-up; 15100 for a free lawyer.
When a child is accused of breaking the law, parents imagine lock-ups, adult jails and a record that follows the child for life. Indian law treats a child who has done wrong as someone to be reformed, not simply punished. This guide explains what should happen and what you can insist on.
Who is a child in conflict with law
The main law is the Juvenile Justice (Care and Protection of Children) Act, 2015, the "JJ Act", amended in 2021. A child is anyone below eighteen. A "child in conflict with law" is a child alleged or found to have committed an offence who was below eighteen on the date of the offence. The age at arrest or trial does not matter. A claim that the accused was a child can be raised before any court at any stage, even after conviction Sec 9.
If age is disputed, the Board decides it under Sec 94 using, in order: the matriculation certificate; the birth certificate from the first school or the municipality or panchayat; and only if neither exists, a medical (ossification) test, with the benefit of any range going to the child.
Offences are classed by punishment: petty (up to 3 years), serious (3 to 7 years, and, since the 2021 amendment, offences with a maximum above 7 years but no 7-year minimum, following Shilpa Mittal, 2020) and heinous (minimum 7 years or more).
What happens after a child is apprehended
- Special police. The child is placed with the Child Welfare Police Officer of the station, who must inform the parents and the Probation Officer at once Sec 13.
- No lock-up, no handcuffs. A child cannot be kept in a police lock-up or lodged in jail, and cannot be handcuffed Sec 10.
- Before the Board within 24 hours, excluding travel time. The Board is a Judicial Magistrate and two social workers, at least one a woman Sec 4, sitting in a child-friendly room with the parents present.
- Bail is the rule. Under Sec 12 a child shall be released on bail or placed with a parent or fit person, whether the offence is bailable or not. Bail can be refused only for recorded reasons: contact with known criminals, danger to the child, or defeating the ends of justice. A child not released goes to an observation home.
The inquiry before the Board
The Board holds an inquiry, not a trial, to be completed within four months, extendable by two for recorded reasons Sec 14; for petty offences, an inquiry still incomplete after that simply ends. A Probation Officer prepares a social investigation report on the child's family, school and circumstances; cooperate with it, because it shapes the outcome.
If the Board finds that the child committed the offence, it chooses from Sec 18: sending the child home after advice; group counselling; community service; a fine; release on probation in a parent's or fit person's care for up to three years; or, as a last resort, a special home for up to three years. It may add schooling, vocational training or de-addiction treatment.
Children aged 16 to 18 accused of heinous offences
For a child who was 16 or older on the date of a heinous offence, the Board first makes a preliminary assessment under Sec 15, within three months, of the child's capacity to commit the offence and understand its consequences, with help from psychologists. This is not a trial of guilt. If the Board decides the child should be tried as an adult, the case goes to the Children's Court (the Sessions Court), which may still apply the Board's reformative options. The order can be appealed within 30 days Sec 101.
Even then, no child may be sentenced to death or to life imprisonment without the possibility of release Sec 21. A convicted child stays in a place of safety, not an adult jail, until 21, when the Court decides whether to release the person or send them to jail for the remaining term Sec 19.
Privacy and a fresh start
- No identification. No newspaper, channel or social media post may disclose the child's name, address, school, photograph or any identifying detail Sec 74. Breach is an offence punishable with imprisonment and fine.
- No disqualification. A child dealt with under the Act suffers none of the disqualifications attached to a conviction, such as a bar on government jobs, and the records are destroyed after the prescribed period Sec 24. The exception is a child aged 16 or above convicted as an adult by the Children's Court.
Step by step: for parents and guardians
- Go to the police station immediately with proof of age, ask for the Child Welfare Police Officer, and stay with the child.
- If the child is in a lock-up, handcuffed or with adult detainees, call 1098 and 112, and tell the Board at first production.
- Ask the Board for a legal aid lawyer; every JJB has a legal services panel. Apply for bail under Sec 12 the same day.
- Meet the Probation Officer and give honest information for the social investigation report. Report any media exposure of the child's identity to the Board under Sec 74.
Fifteen-year-old Ravi is picked up in Nagpur with two older boys after a scooter theft. His mother, Sarita, reaches the station with his Class 10 admit card showing his date of birth, asks for the Child Welfare Police Officer and says calmly that under Sec 10 of the JJ Act Ravi cannot be kept in the lock-up and must go before the Board within 24 hours. Next morning the Board, with a legal aid lawyer, releases Ravi on bail into her care under Sec 12. Three months later it sends him home with counselling and community service, and his school record stays clean.
Keep these ready
- Proof of age: matriculation or school certificate, or birth certificate
- Parents' ID and address proof, for bail and the social investigation report
- Names of the police officers and the FIR number
Police sometimes record a child's age as 18 or above to avoid the JJ Act. Challenge this at the very first hearing with documents. And never let a child sign a "confession" at the station; statements to police are not evidence.
Where to go
- Child Welfare Police Officer at the police station, then the Juvenile Justice Board of the district.
- Childline 1098 (24 hours) for any child in a lock-up or denied these rights; emergency 112.
- District Legal Services Authority (15100) for a free lawyer; the JJB has its own legal aid panel.
- Children's Court (Sessions Court) for appeals against Board orders within 30 days.
Common questions
Can police arrest and jail a minor in India?
A child under 18 is "apprehended", not arrested in the ordinary way, and must be handed to the Child Welfare Police Officer. Under Sec 10 of the JJ Act the child cannot be kept in a police lock-up or jail or handcuffed, and must be produced before the Juvenile Justice Board within 24 hours. If bail is refused, the child stays in an observation home, never a prison.
Is bail automatic for a juvenile?
Nearly. Under Sec 12 the Board shall release a child on bail, whether the offence is bailable or not, unless it records reasons that release would bring the child into contact with known criminals, expose the child to danger, or defeat the ends of justice. Apply on the first day, with proof of age and a parent willing to take responsibility.
Can a 16-year-old be tried as an adult?
Only for a heinous offence, one with a minimum sentence of seven years or more, and only after the Board's preliminary assessment under Sec 15 concludes that the child had the capacity to commit it and understand its consequences. The trial then takes place in the Children's Court, which can still apply the reformative options. No child can get the death penalty or life imprisonment without release.
Will a juvenile record affect jobs or a passport later?
No. Under Sec 24 a child dealt with by the Board suffers no disqualification attached to a conviction, and the records are destroyed after the prescribed period. The only exception is a child aged 16 or above who is convicted as an adult by the Children's Court.
This article is general information for awareness, not legal advice. For your situation, consult an advocate or call free legal aid at 15100.
