Code
1) Notwithstanding anything to the contrary contained in any other law for the time being in force, any police officer may take charge of a child in conflict with law who has run away from a special home or an observation home or a place of safety or from the care of a person or institution under whom the child was placed under this Act.
(2) The child referred to in sub-section (1) shall be produced, within twenty-four hours, preferably before the Board which passed the original order in respect of that child, if possible, or to the nearest Board where the child is found.
(3) The Board shall ascertain the reasons for the child having run away and pass appropriate orders for the child to be sent back either to the institution or person from whose custody the child had run away or any other similar place or person, as the Board may deem fit:
Provided that the Board may also give additional directions regarding any special steps that may be deemed necessary, for the best interest of the child.
(4) No additional proceeding shall be instituted in respect of such child.
Explanation
Section 26 of the Juvenile Justice (Care and Protection of Children) Act deals with the situation where a child in conflict with law runs away from lawful custody. This provision ensures that:
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The child is promptly taken into protective custody.
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The law focuses on the child’s welfare and rehabilitation rather than punishment.
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The same Juvenile Justice Board or the nearest Board takes immediate responsibility.
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There is no punitive consequence for running away—no additional legal proceedings can be initiated for the act of absconding.
The emphasis is on understanding the child’s circumstances and making arrangements in the child’s best interest, rather than treating the act as a separate criminal offence.
Illustration
🔸 Example:
A 15-year-old boy placed in a special home under a Board’s order runs away. He is later found by local police in another district. The police must produce him within 24 hours—preferably before the original Juvenile Justice Board. The Board, upon hearing the boy, learns he fled due to bullying at the home. The Board may then send him to a different observation home with better safety measures, instead of the same one he escaped from. No new FIR or case will be filed against him just for running away.
Common Questions and Answers
Q1: Is running away from a special home treated as a separate offence?
No. As per sub-section (4), no additional legal proceeding can be instituted against the child for running away.
Q2: What must the police do upon finding a runaway child in conflict with law?
The police must take custody of the child and produce them within 24 hours before the original or nearest Juvenile Justice Board.
Q3: What authority does the Board have in such cases?
The Board can decide where the child should be placed next and may issue further instructions to safeguard the child’s well-being.
Q4: What if the original Board is not nearby?
The child may be produced before the nearest Board where the child is found.
Conclusion
Section 26 of the Juvenile Justice Act reflects a compassionate, child-centric legal approach. It recognizes that children in conflict with law are still entitled to care, dignity, and safety—even if they attempt to escape custody. By disallowing punitive action for running away, the law prioritizes inquiry, rehabilitation, and best interest of the child above all else.
