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JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) AMENDMENT ACT, 2006

Ministry of Law and Justice

Act nº 33 of 2006


  • Act nº 33 of 2006

Preamble

THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) AMENDMENT ACT, 2006

[Act, No. 33 of 2006]

[22nd August, 2006.]

PREAMBLE

An Act to amend the Juvenile Justice (Care and Protection of Children) Act, 2000.

BE it enacted by Parliament in the Fifty-seventh Year of the Republic of India as follows:--

Section 1. Short title

This Act may be called the Juvenile Justice (Care and Protection of Children) Amendment Act, 2006.

Section 2. Amendment of long title

In the Juvenile Justice (Care and Protection of Children) Act, 2000, 56 of 2000 (hereinafter referred to as the principal Act), in the long title, for the words "through various institutions established under this enactment", the words "and for matters connected therewith or incidental thereto" shall be substituted.

Section 3. Amendment of section 1

In section 1 of the principal Act,--

(i) in the marginal heading, for the words "and commencement", the words "commencement and application" shall be substituted;

(ii) after sub-section (3), the following sub-section shall be inserted, namely:--

"(4) Notwithstanding anything contained in any other law for the time being in force, the provisions of this Act shall apply to all cases involving detention, prosecution, penalty or sentence of imprisonment of juveniles in conflict with law under such other law.".

Section 4. Amendment of section 2

In section 2 of the principal Act,--

(i) after clause (a), the following clause shall be inserted, namely:--

'(aa) "adoption" means the process through which the adopted child is permanently separated from his biological parents and become the legitimate child of his adoptive parents with all the rights, privileges and responsibilities that are attached to the relationship;';

(ii) in clause (d),--

(I) after sub-clause (i), the following sub-clause shall be inserted, namely:--

"(ia) who is found begging, or who is either a street child or a working child,";

(II) in sub-clause (v), after the word 'abandoned', the words 'or surrendered' shall be inserted;

(iii) in clause (h), for the words "competent authority", the words "State Government on the recommendation of the competent authority" shall be substituted;

(iv) for clause (l), the following clause shall be substituted, namely:--

'(l) "juvenile in conflict with law" means a juvenile who is alleged to have committed an offence and has not completed eighteenth year of age as on the date of commission of such offence;';

(v) clause (m) shall be omitted.

Section 5. Omission of certain expressions

Throughout the principal Act, the words "local authority", "or local authority" and "or the local authority", wherever they occur, shall be omitted.

Section 6. Amendment of section 4

In section 4 of the principal Act, in sub-section (1), for the words "by notification in the Official Gazette, constitute for a district or a group of districts specified in the notification", the words "within a period of one year from the date of commencement of the Juvenile Justice (Care and Protection of Children) Amendment Act, 2006, by notification in the Official Gazette, constitute for every district" shall be substituted.

Section 7. Amendment of section 6

In section 6 of the principal Act, in sub-section (1), the words "or a group of districts" shall be omitted.

Section 8. Insertion of new section 7A

After section 7 of the principal Act, the following section shall be inserted, namely:--

"7A. Procedure to be followed when claim of juvenility is raised before any court. (1) Whenever a claim of juvenility is raised before any court or a court is of the opinion that an accused person was a juvenile on the date of commission of the offence, the court shall make an inquiry, take such evidence as may be necessary (but not an affidavit) so as to determine the age of such person, and shall record a finding whether the person is a juvenile or a child or not, stating his age as nearly as may be:

Provided that a claim of juvenility may be raised before any court and it shall be recognised at any stage, even after final disposal of the case, and such claim shall be determined in terms of the provisions contained in this Act and the rules made thereunder, even if the juvenile has ceased to be so on or before the date of commencement of this Act.

(2) If the court finds a person to be a juvenile on the date of commission of the offence under sub-section (1), it shall forward the juvenile to the Board for passing appropriate order, and the sentence if any, passed by a court shall be deemed to have no effect.".

Section 9. Amendment of section 10

In section 10 of the principal Act, for sub-section (1), the following sub-section shall be substituted, namely:--

"(1) As soon as a juvenile in conflict with law is apprehended by police, he shall be placed under the charge of the special juvenile police unit or the designated police officer, who shall produce the juvenile before the Board without any loss of time but within a period of twenty-four hours of his apprehension excluding the time necessary for the journey, from the place where the juvenile was apprehended, to the Board:

Provided that in no case, a juvenile in conflict with law shall be placed in a police lockup or lodged in a jail.".

Section 10. Amendment of section 12

In section 12 of the principal Act, in sub-section (1), after the words "with or without surety", the words "or placed under the supervision of a Probation Officer or under the care of any fit institution or fit person" shall be inserted.

Section 11. Amendment of section 14

Section 14 of the principal Act shall be renumbered as sub-section (1) thereof, and after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely:--

"(2) The Chief Judicial Magistrate or the Chief Metropolitan Magistrate shall review the pendency of cases of the Board at every six months, and shall direct the Board to increase the frequency of its sittings or may cause the constitution of additional Boards.".

Section 12. Amendment of section 15

In section 15 of the principal Act, in sub-section (1), for clause (g), the following clause shall be substituted, namely:--

"(g) make an order directing the juvenile to be sent to a special home for a period of three years:

Provided that the Board may, if it is satisfied that having regard to the nature of the offence and the circumstances of the case, it is expedient so to do, for reasons to be recorded, reduce the period of stay to such period as it thinks fit.".

Section 13. Amendment of section 16

In section 16 of the principal Act,--

(i) in sub-section (1), for the words "or life imprisonment", the words "or imprisonment for any term which may extend to imprisonment for life" shall be substituted;

(ii) in sub-section (2), for the proviso, the following proviso shall be substituted, namely:--

"Provided that the period of detention so ordered shall not exceed in any case the maximum period provided under section 15 of this Act.".

Section 14. Amendment of section 20

In section 20 of the principal Act, the following proviso and Explanation shall be inserted, namely:--

"Provided that the Board may, for any adequate and special reason to be mentioned in the order, review the case and pass appropriate order in the interest of such juvenile.

Explanation.-- In all pending cases including trial, revision, appeal or any other criminal proceedings in respect of a juvenile in conflict with law, in any court, the determination of juvenility of such a juvenile shall be in terms of clause (l) of section 2, even if the juvenile ceases to be so on or before the date of commencement of this Act and the provisions of this Act shall apply as if the said provisions had been in force, for all purposes and at all material times when the alleged offence was committed.".