Section 18 – The Juvenile Justice (Care and Protection of Children) Act – Orders Regarding Child Found To Be In Conflict With Law.

Code

(1) Where a Board is satisfied on inquiry that a child, irrespective of age, has committed a petty offence, or a serious offence, or a child below the age of sixteen years has committed a heinous offence, or a child above the age of sixteen years has committed a heinous offence and the Board has, after preliminary assessment under Section 15, disposed of the matter, then, notwithstanding anything contrary contained in any other law for the time being in force, and based on the nature of offence, specific need for supervision or intervention, circumstances as brought out in the social investigation report, and past conduct of the child, the Board may, if it so thinks fit:

(a) Allow the child to go home after advice or admonition by following appropriate inquiry and counselling to such child and to his parents or the guardian;

(b) Direct the child to participate in group counselling and similar activities;

(c) Order the child to perform community service under the supervision of an organisation or institution, or a specified person, persons, or group of persons identified by the Board;

(d) Order the child or parents or the guardian of the child to pay fine: Provided that, in case the child is working, it may be ensured that the provisions of any labour law for the time being in force are not violated;

(e) Direct the child to be released on probation of good conduct and placed under the care of any parent, guardian, or fit person, on such parent, guardian or fit person executing a bond, with or without surety, as the Board may require, for the good behaviour and child’s well-being for any period not exceeding three years;

(f) Direct the child to be released on probation of good conduct and placed under the care and supervision of any fit facility for ensuring the good behaviour and child’s well-being for any period not exceeding three years;

(g) Direct the child to be sent to a special home, for such period, not exceeding three years, as it thinks fit, for providing reformative services including education, skill development, counselling, behaviour modification therapy, and psychiatric support during the period of stay in the special home: Provided that if the conduct and behaviour of the child has been such that, it would not be in the child’s interest, or in the interest of other children housed in a special home, the Board may send such child to the place of safety.

(2) If an order is passed under clauses (a) to (g) of sub-section (1), the Board may, in addition, pass orders to:

(i) Attend school;
(ii) Attend a vocational training centre;
(iii) Attend a therapeutic centre;
(iv) Prohibit the child from visiting, frequenting, or appearing at a specified place;
(v) Undergo a de-addiction programme.

(3) Where the Board, after preliminary assessment under section 15, passes an order that there is a need for trial of the said child as an adult, then the Board may order transfer of the trial of the case to the Children’s Court having jurisdiction to try such offences.

 Explanation

Section 18 of the Juvenile Justice Act provides the Juvenile Justice Board with a variety of options for dealing with a child in conflict with the law, depending on the nature and seriousness of the offence, the child’s personal history, and other factors. The section outlines the orders the Board may pass, including:

1. Non-Custodial Measures: In cases where the offence is less severe (petty or serious), the Board can order:

   • Admonition (a warning or caution),

   • Group Counselling for the child and their parents,

   • Community Service under supervision,

   • Fines, provided they do not violate labor laws,

   • Probation with conditions such as supervision by a guardian or fit person, or in a suitable facility.

2. Rehabilitative Services: If the child requires further support, the Board may order services such as:

   • Education or Vocational Training,

   • Therapeutic Treatment (such as counseling or psychiatric support),

   • De-addiction Programmes (if applicable).

3. Placement in Special Homes: For more serious cases, children may be placed in special homes that provide rehabilitative services and support.

4. Trial as an Adult: In certain cases, the Board may decide that the child, particularly if over 16 and accused of a heinous offence, should be tried as an adult. In such cases, the matter will be transferred to a Children’s Court.

 Illustration

Example:

An 17-year-old named Rani has been involved in a fight at school, which escalates into a serious assault. After a detailed inquiry and assessment, the Board determines that her mental and physical capacity to understand the consequences of her actions needs further evaluation.

• Action Taken: The Board, considering Rani’s need for rehabilitation rather than punishment, orders her to attend a vocational training centre and participate in group counselling. Additionally, she is placed under the supervision of a fit guardian for a probation period of two years.

 Common Questions & Answers

🟩 Q1: What types of orders can the Juvenile Justice Board pass for a child?
A: The Board can pass a variety of orders, including admonition, probation, community service, placement in a special home, or even trial as an adult in certain cases.

🟩 Q2: Can a child who committed a heinous offence be sent to a special home?
A: Yes, if the offence is considered serious, the Board may order the child to be placed in a special home for rehabilitation, with the possibility of psychiatric support.

🟩 Q3: What happens if the child needs further intervention or care?
A: In addition to the main orders, the Board may also order school attendance, vocational training, therapeutic treatment, or de-addiction programs.

🟩 Q4: Can a child be tried as an adult under this section?
A: Yes, if the child is over 16 and has committed a heinous offence, the Board may decide that the case should be transferred to a Children’s Court for trial as an adult.

 Conclusion

Section 18 exemplifies the Juvenile Justice Act’s focus on rehabilitation over punishment, offering a range of options for children’s well-being and reformation. The law recognizes the child’s potential for change and aims to provide tailored interventions to help them reintegrate into society. The section balances accountability with opportunities for reform, in line with the overarching goals of justice for children.