Code
Where an inquiry has been initiated in respect of any child under this Act, and during the course of such inquiry, the child completes the age of eighteen years, then, notwithstanding anything contained in this Act or in any other law for the time being in force, the inquiry may be continued by the Board, and orders may be passed in respect of such person as if such person had continued to be a child.
Explanation
Section 5 allows the Juvenile Justice Board to continue the inquiry and pass orders for a child who reaches the age of 18 during the inquiry. The inquiry is treated as though the individual is still a child, ensuring they receive appropriate care and protection, even after crossing the age threshold.
The intention of this provision is to prioritize the rehabilitation and welfare of children, even if they become adults during the proceedings. This ensures that the child-centric approach remains intact, giving the individual the best chance for reintegration into society.
Illustration
Example:
Consider a 17-year-old child involved in an inquiry under the Juvenile Justice Act for a non-violent offense.
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During the inquiry process, the child turns 18.
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Under Section 5, the Juvenile Justice Board will continue the inquiry and pass decisions as if the individual were still under 18, ensuring the case remains handled with a focus on rehabilitation rather than punitive measures.
Common Questions and Answers
1. What happens if a child turns 18 during an inquiry?
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Answer: The inquiry can still continue, and orders will be passed as though the individual were still a child, ensuring continued protection and care.
2. Does Section 5 override other laws that set 18 years as the legal adult age?
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Answer: Yes, Section 5 specifically allows for this exception within the context of the Juvenile Justice Act to maintain the child’s rights.
3. What is the purpose of this provision?
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Answer: The provision ensures that children involved in the justice system receive treatment geared towards rehabilitation, even if they age out of the system during the process.
Conclusion
Section 5 of the Juvenile Justice Act underscores the importance of maintaining child-focused processes within the justice system, even when the child reaches the legal age of adulthood.
By permitting the inquiry to continue and treating the individual as a child, this provision ensures that young people are given the opportunity for a fresh start, regardless of their age at the time of proceedings.
This protective approach is designed to prioritize the child’s welfare, ensuring the justice system works in their best interest.
