Code
(1) Notwithstanding anything contained in any other law for the time being in force, a child who has committed an offence and has been dealt with under the provisions of this Act shall not suffer disqualification, if any, attached to a conviction of an offence under such law:
Provided that in case of a child who has completed or is above the age of sixteen years and is found to be in conflict with law by the Children’s Court under clause (i) of sub-section (1) of section 19, the provisions of sub-section (1) shall not apply.
(2) The Board shall make an order directing the Police, or by the Children’s Court to its own registry that the relevant records of such conviction shall be destroyed after the expiry of the period of appeal or, as the case may be, a reasonable period as may be prescribed:
Provided that in case of a heinous offence where the child is found to be in conflict with law under clause (i) of sub-section (1) of section 19, the relevant records of conviction of such child shall be retained by the Children’s Court.
Related: Section 19 – Juvenile Justice Act
Explanation
Section 24 provides legal protection to children from any disqualification that would otherwise follow a criminal conviction, such as ineligibility for public employment, educational opportunities, or professional licenses.
The rationale is that a child who has been rehabilitated under the Juvenile Justice system should not carry the stigma of criminal conviction into adulthood.
However, this protection does not extend to:
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Children aged 16 or above who are found guilty of heinous offences by the Children’s Court under Section 19(1)(i).
The section also provides for the destruction of conviction records, thus reinforcing confidentiality and giving juveniles a clean slate. An exception exists for heinous offences where such records are retained.
Illustration
🔸 Example 1:
Ravi, aged 15, was convicted for theft and dealt with by the Juvenile Justice Board. Under Section 24(1), he will not suffer any disqualification, and his conviction record will be destroyed after the appeal period ends.
🔸 Example 2:
Sameera, aged 17, was convicted for a heinous offence (e.g., murder). She was tried by the Children’s Court under Section 19(1)(i). Since she was above 16 and convicted of a heinous crime, she will face disqualification, and her conviction record will be retained.
Common Questions and Answers
Q1: What is meant by “disqualification” in this context?
It refers to legal or procedural bars such as those preventing a person from applying for government jobs or contesting elections due to a criminal conviction.
Q2: Does Section 24 apply to all juveniles?
No. It excludes juveniles above 16 found guilty of heinous offences by the Children’s Court under Section 19(1)(i).
Q3: When will the conviction records be destroyed?
After the appeal period expires, or after a reasonable time as prescribed. This helps in ensuring the child’s social reintegration.
Q4: Can the child ever request early destruction of the record?
The Act does not explicitly provide for this. Any early destruction would require judicial discretion or amendments to the rules.
Conclusion
Section 24 of the Juvenile Justice Act is a cornerstone of juvenile reform, focusing on the principle of second chances. By removing disqualifications and ensuring the destruction of conviction records, it aims to integrate reformed juveniles back into society without the burden of a stained legal history. However, in balancing justice and societal protection, the law also ensures that those aged 16 or above convicted of heinous offences are not granted such leniency. This nuanced approach reflects the Act’s broader goal: reformation without compromising safety and justice.
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