Code
(1) Where a child alleged to be in conflict with law is produced before the Board, the Board shall hold an inquiry in accordance with the provisions of this Act and may pass such orders in relation to such child as it deems fit under sections 17 and 18 of this Act.
(2) The inquiry under this section shall be completed within a period of four months from the date of first production of the child before the Board, unless the period is extended, for a maximum period of two more months by the Board, having regard to the circumstances of the case and after recording the reasons in writing for such extension.
(3) A preliminary assessment in case of heinous offences under section 15 shall be disposed of by the Board within a period of three months from the date of first production of the child before the Board.
(4) If inquiry by the Board under sub-section (2) for petty offences remains inconclusive even after the extended period, the proceedings shall stand terminated:
Provided that for serious or heinous offences, in case the Board requires further extension of time for completion of inquiry, the same shall be granted by the Chief Judicial Magistrate or, as the case may be, the Chief Metropolitan Magistrate, for reasons to be recorded in writing.
(5) The Board shall take the following steps to ensure fair and speedy inquiry, namely:—
(a) At the time of initiating the inquiry, the Board shall satisfy itself that the child in conflict with law has not been subjected to any ill-treatment by the police or by any other person, including a lawyer or probation officer and take corrective steps in case of such ill-treatment;
(b) In all cases under the Act, the proceedings shall be conducted in as simple a manner as possible and care shall be taken to ensure that the child, against whom the proceedings have been instituted, is given a child-friendly atmosphere during the proceedings;
(c) Every child brought before the Board shall be given the opportunity of being heard and to participate in the inquiry;
(d) Cases of petty offences shall be disposed of by the Board through summary proceedings, as per the procedure prescribed under the Code of Criminal Procedure, 1973 (2 of 1974);
(e) Inquiry of serious offences shall be disposed of by the Board by following the procedure for trial in summons cases under the Code of Criminal Procedure, 1973 (2 of 1974);
(f) Inquiry of heinous offences:
(i) For a child below the age of sixteen years as on the date of commission of an offence shall be disposed of by the Board under clause (e);
(ii) For a child above the age of sixteen years as on the date of commission of an offence shall be dealt with in the manner prescribed under section 15.
Explanation
Section 14 outlines the process of inquiry to be followed when a child is brought before the Juvenile Justice Board (JJB) for allegedly committing an offence. The section emphasizes:
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A time-bound approach for completing inquiries (4 months + 2-month extension).
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A special 3-month deadline for preliminary assessments in heinous offences (see Section 15).
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Summary disposal of petty offences, and procedural clarity for serious and heinous ones.
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Assurance of a child-friendly, simple, and participatory process.
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A mechanism for terminating proceedings if inquiries remain inconclusive in petty offences.
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Required oversight from a higher judicial authority (CJM/CMM) for extended inquiries in serious/heinous cases.
Illustration
Example:
Ravi, aged 15, is alleged to have committed a petty theft and is produced before the JJB. The Board ensures he hasn’t been mistreated by the police, informs his parents, and proceeds with a summary inquiry. The inquiry is completed within two months, and Ravi is sent for counselling instead of prosecution, in line with Section 18.
In another case, Shyam, aged 17, is accused of a heinous offence. The Board conducts a preliminary assessment under Section 15 to determine if he should be tried as an adult. This assessment is completed within 3 months, adhering to the deadline.
Common Questions & Answers
Q1: What happens if the inquiry is not completed in 4 months?
A: The Board can extend the period by 2 months with written reasons. For serious or heinous offences, further extensions require approval from the Chief Judicial or Chief Metropolitan Magistrate.
Q2: Is the child allowed to participate in the inquiry?
A: Yes. Section 14(5)(c) ensures every child gets the opportunity to be heard and actively participate in the process.
Q3: How are different offences treated under inquiry?
A:
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Petty Offences → Summary proceedings.
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Serious Offences → Summons trial procedure.
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Heinous Offences → Depends on the child’s age; under 16 follows summons trial, over 16 follows Section 15.
Q4: Can a child be punished if inquiry is not concluded in time?
A: No. Especially in petty offences, if the inquiry isn’t concluded even after the allowed time, the case is terminated without penal action.
Conclusion
Section 14 plays a pivotal role in ensuring that inquiries against children in conflict with law are time-bound, humane, and conducted in a child-sensitive environment. It emphasizes simplicity, fairness, and the child’s right to be heard. Importantly, the provision seeks to distinguish between the treatment of petty, serious, and heinous offences, preserving the rehabilitative spirit of juvenile justice. This section not only upholds due process but also integrates psychological care and restorative justice into the legal inquiry process.
