Code
(1) Where a Board is satisfied on inquiry that the child brought before it has not committed any offence, then notwithstanding anything contrary contained in any other law for the time being in force, the Board shall pass order to that effect.
(2) In case it appears to the Board that the child referred to in sub-section (1) is in need of care and protection, it may refer the child to the Committee with appropriate directions.
Explanation
Section 17 of the Juvenile Justice (Care and Protection of Children) Act, 2015 outlines the process to be followed when a child is found not guilty of the offence for which they were brought before the Juvenile Justice Board (JJB). It contains two important provisions:
- Subsection (1): If, after conducting a proper inquiry, the JJB finds that the child did not commit the alleged offence, the Board must issue a formal order declaring the child’s innocence. This provision overrides any conflicting law and ensures that the child is officially cleared of all charges.
- Subsection (2): If the Board determines that the child, although innocent, is in a vulnerable situation and requires care and protection (e.g., orphaned, homeless, abused), it may refer the child to the Child Welfare Committee (CWC) for appropriate rehabilitation or protective measures.
Illustration
Example:
Ravi, a 13-year-old boy, is brought before the Juvenile Justice Board after being wrongly accused of theft. The Board conducts an inquiry and finds no evidence against him. Under Section 17(1), it formally declares that Ravi has not committed any offence.
During the inquiry, the Board also learns that Ravi is an orphan living on the streets. Recognizing his vulnerable condition, the Board uses its powers under Section 17(2) to refer him to the Child Welfare Committee for placement in a shelter home and enrolment in school.
Common Questions & Answers
Q1: What happens if the child is found not guilty? A: The Board issues an order officially stating that the child has not committed any offence.
Q2: Can a child still be sent for care even if not guilty? A: Yes. If the Board believes the child needs care and protection, it can refer them to the CWC.
Q3: Does this section override other laws? A: Yes. Subsection (1) states that its directive applies even if other laws suggest otherwise.
Q4: Is a trial necessary for this finding? A: No full trial is necessary—only an inquiry as per the provisions of the Act.
Conclusion
Section 17 ensures that children are not wrongfully penalized and emphasizes their rehabilitation over prosecution. Even if a child has not committed an offence, the law mandates intervention if the child needs care and protection. This reflects the core rehabilitative and child-friendly philosophy of the Juvenile Justice system in India.
