Salient features of Juvenile Justice Act, 2015 (JJ Act)-
- The Act of 2015, was enacted in the year 2015,i.e, 31.12.2015 with effect from 15.01.2016.
- The law of 2015 deals with consolidating and the amending law related to Juvenile Justice Dealing with two kinds of children. a) Juvenile in Conflict with law b) Child in need of care and protection
- The Act of 2015 provides for the general principles as guidelines to the government (Central and State Government) institutional bodies constituted under this act,for the better implementation and the administration of the Act. ( Section 3).
- The Act of 2015 provides for a classification of offenses that may be committed by a juvenile in conflict with the law. The classification is based on the maximum punishment prescribed by IPC or any other law in force in India. The classification is – a) Petty offense b) Serious offense c) Heinous offense
- The Act of 2015 provides for adjudication and disposal of matters related to juveniles in conflict with law their treatment, care and protection of children, their development and re-integration of them into society.
- The act of 2015 provides for the establishment of and powers of Juvenile Justice Board,(Section 4).
- The Act of 2015 provides for various offenses that can be committed by any person against children (Section 74-89).
- The JJ Act of 2015 provides for a differential treatment of Juvenile aged between 16-18 years , if they alleged to have committed a heinous offense.
- The Act of 2015 provides for the various courts and procedure for the trial of offenses under the Act. (Section 2).
- The Act of 2015 provides for various courts and procedure for the trial of offenses committed by any person against children. (Section 86).
- The Act of 2015 provides for a procedure for adoption of children in need of Care and Protection and related procedure,
Classification of Offences under JJ Act,2015
The JJ Act of 2015 provides for the classification of offenses committed by a Juvenile in Conflict with Law.
The basis for this classification is the maximum punishment prescribed for that offense either by IPC or any other law in force in India.
The purpose of this classification is the maximum punishment prescribed for that offense either by IPC or any other law in force in India. The purpose of this classification is the treatment of a juvenile in conflict with the law who is alleged with the commission of an offense under IPC or any other law. The Classification is –
- Petty offence -Maximum Punishment is below three years Section 2(45).
- Serious Offence – Maximum Punishment is above 3 years and below 7 years.Section 2(54)
- Heinous Offence- Maximum Punishment is above 7 Years. Section 2(33).
Offences committed against Children (Section 74-89)
The JJ Act,2015 provides for various offences that can be committed against children , the punishment thereof and the courts which are competent to try such offences.
- First offense, Section 74 – Publication of identity of certain children is an offense and punishment with imprisonment for a term up to 3 months or fine up to Rs.2,00,000 or both. Meaning of publication means disclosure in any media of identity of children. Here, Children includes Child in conflict with the law, Child as a victim. Section 74 prohibits the publication of the details or identity of any of the following kinds of children in any media or by any means of electronic communication -a) Juvenile in conflict with law.b)A child against whom an offense is committed C) A child in need of care and protection. However, the publication of details may be permitted by an authority constituted under this Act.
- Section 75 – Cruelty to a child is an offense and punishable with imprisonment for a term up to 3 years or a fine up to Rs.1,00,000 or both. According to this section, to constitute this offense the following ingredients must be satisfied- a) The Act of cruelty includes assault, abuse, exploitation, or wilful negligence or abandonment of the child. b) Such acts of cruelty must be committed by a person having the charge or control over the child. c)Such acts of cruelty must have been committed either by such person or any person who is allowed/permitted to commit.
- Section 76 – Employment of child for begging is an offense and punishable with imprisonment with for a term up to 5 years and also fine up to Rs.1,00,000.
- Section 80 – Not following the measures for adoption prescribed under the act is an offense and punishable with imprisonment up to 3 years or fine up to Rs. 1,00,000 or both.
- Section 81 – Sale and Procurement of children for any purpose is an offense punishable with imprisonment up to 5 years and fine up to 1 lakh rupees or both.
- Section 82 – Corporal punishment inflicted by any person who is in charge of a child or employment in any child care institutions is an offense and shall be punishable with a conviction of fine up to Rs.10,000 for the first offense and for subsequent offenses, the punishment is imprisonment up to 3 months or fine or both.
- Section 83- Use of a child by any militant groups or other groups is an offense and shall be punishable with rigorous imprisonment for a term up to 7 years and also with fine up to Rs.5 lakhs.
- Section 84- Kidnapping and abduction of a child is an offense and is punishable under the provisions of IPC. Section 359-360.
- Section 85- Offences committed on disabled children shall be punishable with double the penalty prescribed for that offense.
- Section 87 – Abetment of any of the offenses under the act shall be punishable with the punishment prescribed for that offense.
- Section 89 – A child who committed any offenses under the act against the children be treated as a juvenile in conflict with the law.
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