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JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015
CHAPTER I PRELIMINARY
1. Short title, extent, commencement and application 2 2. De nitions 2
CHAPTER II
GENERAL PRINCIPLES OF CARE AND PROTECTION OF CHILDREN
3. General principles to be followed in administration of Act 15
CHAPTER III
JUVENILE JUSTICE BOARD
4. Juvenile Justice Board 16
5. Placement of person, who cease to be a child during process of inquiry 17
6. Placement of persons, who committed an offence, when person was below the age of eighteen years 18
7. Procedure in relation to Board 18
8. Powers, functions and responsibilities of the Board 19
9. Procedure to be followed by a Magistrate who has not been empowered under this Act 20
IV
10. Apprehension of child alleged to be in con ict with
11. Role of person in whose charge child in con ict with law is placed
12. Bail to a person who is apparently a child alleged to be in con ict with law
13. Information to parents, guardian or Probation Of cer
14.
20. Child attained age of twenty-one years and yet to complete prescribed term of stay in place of
V
CHAPTER VI
32.
37.
38.
CHAPTER VII
39.
58. Procedure for adoption by Indian prospective adoptive parents
59. Procedure for inter-country adoption of an orphan or abandoned or surrendered child
60. Procedure for inter-country relative adoption
61. Procedure for disposal of adoption proceedings
62. Additional procedural requirements and documentation
63. Effect of adoption
64. Reporting of adoption
65. Specialised Adoption Agencies
66. Adoption of children residing in institutions not registered as adoption agencies
67.
69.
72.
CHAPTER IX
74. Prohibition on disclosure of identity of
75. Punishment for cruelty to child
76. Employment of child for begging
77. Penalty for giving intoxicating liquor or narcotic drug or psychotropic substance to a child
78. Using a child for vending, peddling, carrying, supplying or smuggling any intoxicating liquor, narcotic drug or psychotropic substance
79. Exploitation of a child employee
80. Punitive measures for adoption without following prescribed procedures
81. Sale and procurement of children for any purpose
82. Corporal punishment
83. Use of child by militant groups or other adults
84. Kidnapping and abduction of child
85.
86. Classi cation of offences and designated court
88. Alternative
89. Offence committed by child under this Chapter
CHAPTER X
MISCELLANEOUS
90. Attendance of parent or guardian of child
91. Dispensing with attendance of child
92. Placement of a child suffering from disease requiring prolonged medical treatment in an approved place
93. Transfer of a child who is mentally ill or addicted to alcohol or other drugs
94. Presumption and determination of
95. Transfer of a child to place of
96. Transfer of child between children’s homes, or special homes or t facility or t person in different parts of India
97. Release of a child from an institution
98. Leave of absence to a child placed in an institution
JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) MODEL RULES, 2016
CHAPTER I PRELIMINARY
1. Short title and commencement 93
2. De nitions 93
CHAPTER II JUVENILE JUSTICE BOARD
3. Board 96
4. Composition of the Board
5. Term of Members of the Board
6. Sittings of the Board
7. Functions of the Board 98
CHAPTER III
PROCEDURE IN RELATION TO CHILDREN IN CONFLICT WITH LAW
8. Pre-production action of Police and other Agencies 99
9. Production of the child alleged to be in conflict with law before the Board 102
10. Post-production processes by the Board 103
10A. Preliminary assessment into heinous offences by Board 104
11. Completion of Inquiry
12. Pendency of Inquiry
13. Procedure in relation to Children’s Court and Monitoring Authorities 106
14. Destruction of records 109
CHAPTER IV
CHILD WELFARE COMMITTEE
15. Composition and Qualifications of Members of the Committee
16. Rules and Procedures of Committee
17. Additional Functions and Responsibilities of the Committee
CHAPTER V
PROCEDURE IN RELATION TO CHILDREN IN NEED OF CARE AND PROTECTION
18. Production before the Committee
19. Procedure for inquiry
20. Pendency of cases
CHAPTER VI
REHABILITATION AND
21. Manner of Registration
21A. Manner of
22.
23.
24.
25.
26.
27.
28.
29.
30.
38.
39.
40.
41.
CHAPTER VII ADOPTION
43. Adoption Related Reporting 153
44. Children who are not being adopted after being declared legally free for adoption may be eligible for Foster Care 154
45. Procedure before the District Magistrate 155
46. Period for disposal of applications 155
47. Special provision for protection of adopted children 156
48. Linkage of Child Care Institutions to Specialised Adoption Agencies 156
49. Additional Functions of the Authority 156
50. Terms and conditions of appointment of Members of the Steering Committee of the Authority 157
51. Transaction of business of the Steering Committee of the Authority 160
52. Annual Report of the Authority 160
53. Accounts and audit of the Authority 161
CHAPTER VIII
OFFENCES AGAINST CHILDREN
54. Procedure in cases of offences against children 161
55. Procedure in case of offence under section 75 of the Act 164
55A. Procedure in case of offence under section 76 of the Act 165
56. Procedure in case of offence under section 77 of the Act 165
57. Procedure in case of offence under section 78 of the Act 166
57A. Procedure in case of offence under section 79 of the Act 166
58. Procedure in case of offence under section 80 of the Act 167
59. Procedure in case of offence under section 81 of the Act 167
60. Procedure in case of offence under section 82 of the Act 168
CHAPTER IX
MISCELLANEOUS
61. Duties of the Person-in-charge of a Child Care Institution 169
62. Duties of the Child Welfare Officer or Case Worker 171
63. Duties of the House Mother or House Father 173
64. Duties of a Probation Officer 174
65. Rehabilitation-cum-Placement Officer
66. Staff Discipline
67. Security measures
68. Searches and Seizure
69. Institutional Management of Children
70. Prohibited Articles
71. Articles found on search and inspection
72. Disposal of articles
73. Maintenance of case file
74. Visits to and communication with children
75. Death of a Child
76. Abuse and Exploitation of the Child
77. Maintenance of Registers
78. Openness and Transparency
79. Release of a child from a Child Care Institution
80. Child suffering from disease requiring prolonged medical treatment in an approved place and transfer of a child who is mentally ill or addicted to alcohol or other drugs
81. Transfer or Repatriation of Child
82A. Restoration and follow-up for children in conflict with law
82B. Restoration and follow-up for children in need of care and protection
83.
84.
85.
86.
87.
88. Selection of Chairperson and Members of the Committee or Board
89. Training of Personnel Dealing with Children
90. Pending Cases
91. Monitoring by National Commission for Protection of Child Rights and State Commissions for Protection of Child Rights
92. Inquiry in case of a Missing Child
93. Non-compliance of the Act and the Rules
94. Repeal
FORM 1:
FORM 2: Undertaking by the Parent or Guardian or Fit Person given Interim Custody Pending Inquiry
FORM 3: Supervision Order
FORM 4: Order of Placing a Child in Child Care Institution Pending Inquiry
FORM 5: Order for Social Investigation Report
FORM 6: Social Investigation Report for Children in Conflict with Law
FORM 7 Individual Care
FORM 8: Undertaking/Bond to be Executed by a Parent/Guardian//Fit Person in whose Care a Child in Conflict with Law is Placed
FORM
FORM 10: Periodic Report by Probation Officer when a Child is Released on Probation
FORM 11: Case Monitoring Sheet
FORM 12: Quarterly Report by Juvenile Justice Board
FORM 13: Periodic Review of a Child in Place of
FORM 14: Rehabilitation
FORM
FORM
FORM 16A: Monthly Report by Child
FORM 17: Report to be Submitted at time of Production of Child before the Committee
FORM 18: Order of Placement of a Child in an Institution
FORM 19: Order for Placement of Child under the Care of a Parent, Guardian or Fit Person Pending Inquiry
FORM 20: Undertaking by the Parent or Guardian or ‘Fit Person’
FORM 21: Order for Social Investigation Report of Child in Need of Care and Protection
FORM 22: Social Investigation Report for Child in Need of Care and Protection
FORM 23: Application for Surrender of Child
FORM 24: Deed of Surrender
CONTENTS
FORM 25: Certificate Declaring the Child Legally Free for Adoption
FORM 26: Case Monitoring Sheet for Committee
FORM 27: Application for Registration of Child Care Institution under the Juvenile Justice (Care and Protection of Children) Act, 2015
FORM 28: Certificate of Registration
FORM 29: Monthly Report Submitted by Open Shelter to DCPU
FORM 30: Home Study Report for Prospective Foster Parents
FORM 31: Child Study Report
FORM 32: Order of Foster Care Placement with a Family
FORM 33: Undertaking by the Foster Family/Group Foster Care Organisation
FORM 34: Record of a Child in Foster Care
FORM 35: Monthly Inspection of Foster Families/Group Foster Care
FORM 36: Order of Sponsorship Placement
FORM 37: Order of after care placement
FORM 38: Application for Fit Facility Including Group Foster Care
FORM 39: Certificate of Recognition of Fit Facility
FORM 40: List of Children Submitted by CCI to Board or Committee Weekly
FORM 41:
FORM
FORM
FORM 44:
FORM 46: Inspection of Child
FORM 46A: Inspection Format for Registration and Renewal of a Child Care Institution
FORM 47: Inspection Form for Group Foster Care
FORM 48: Certificate of Registration of Group Foster Care
FORM 49: Affidavit by the Person Applying for Chairperson or Member of the Committee
FORM 50: Declaration by the Foster Family/Persons applying for Group Foster Care
ADOPTION REGULATIONS, 2022
CHAPTER I PRELIMINARY
1. Short title and commencement
2. Definitions
3. Fundamental principles governing adoption
4. Child eligible for adoption
5. Eligibility criteria for prospective adoptive parents
CHAPTER II
PROCEDURE RELATING TO CHILDREN FOR ADOPTION
6. Procedure relating to orphan or abandoned child 330
7. Procedure relating to a surrendered child
8. Availability of child for adoption
9. Priority in adoption referral 334
CHAPTER III
ADOPTION PROCEDURE FOR RESIDENT INDIANS
10. Registration and home study of the prospective adoptive parents 335
11. Referral of a child from a specialised adoption agency through the designated portal to prospective adoptive parents
12. Pre-adoption foster care
13. Adoption Order
14. Follow-up of progress of adopted child
CHAPTER IV
ADOPTION PROCEDURE FOR NON-RESIDENT INDIAN, OVERSEAS CITIZEN OF INDIA CARDHOLDER AND FOREIGN PROSPECTIVE ADOPTIVE PARENTS
15. Non-resident Indian and Overseas Citizen of India Cardholder to be treated at par with resident Indian
16. Registration and Home Study Report for prospective adoptive parents for inter-country adoption
17. No Objection Certificate of Authority and pre-adoption foster care
18. Adoption Order 342
CONTENTS
19. Passport and visa, intimation to immigration authorities, Conformity Certificate, Birth Certificate, etc.
20. Follow-up of progress of adopted child by Non-resident Indian, Overseas Citizens of India Cardholder and foreign adoptive parents
21. Adoption by Overseas Citizen of India Cardholder or foreign national of Hague Adoption Convention ratified countries living in India
22. Adoption by Indian prospective adoptive parents who are habitual resident or are having permanent residence of another country
23. Procedure for adoption of a child from a foreign country by Indian citizens
CHAPTER V
RECOGNITION, INSPECTION AND FUNCTION OF ADOPTION AGENCIES
24. Recognition of Specialised Adoption Agency
25. Criteria and procedure for renewal of recognition of Specialised Adoption Agency
26. Suspension or revocation of recognition of Specialised Adoption Agency
27. Inspection of Specialised Adoption Agencies
28. Entitlement to grants under other Government notified schemes
29. Specialised Adoption Agencies to maintain accounts
30. Functions of Specialised Adoption Agencies
31. Functions of Authorised Foreign Adoption Agency
32. Criteria and procedure for authorisation of foreign agencies
33. Suspension or revocation of authorisation
CHAPTER VI
FUNCTIONS OF GOVERNMENT ORGANISATIONS AND AUTHORITY
34. Roles of State Government
35. State Adoption Resource Agency
36. Functions of the District Magistrate
37. Chief Medical Officer
38.
39. Child
40. Birth
41. Central Adoption
42. Regional Passport Officer
43. Role of Indian diplomatic missions in inter-country adoption
CHAPTER VII
MISCELLANEOUS PROVISIONS
44. Seniority of the prospective adoptive parents
45. Adoption by Indian parents residing in countries which are not signatory to Hague Adoption Convention
46. Adherence to time line
47. Root search
48. Confidentiality of adoption records
49. Adoption fees
50. Updating adoption data by Specialised Adoption Agency
51. Adoption of children with special needs
52. Adoption of older children and siblings
53. Other options for rehabilitation of children
54. In-country relative adoptions
55. Adoption by step-parent
56. Inter-country relative adoptions
57. Procedure for inter-country relative adoption from Authority
58. No Objection Certificate of Authority
59. Adoption Order for relative and step-parent adoption
60. Issue of Conformity Certificate
61. Child Care Institution and its linkage with Specialised Adoption Agency
62. Appeal to State Adoption Resource Agency and Central Adoption Resource Authority
63. Power to relax and interpretation
CHAPTER VIII
PROCEDURE FOR CHILDREN ADOPTED UNDER THE HINDU ADOPTION AND MAINTENANCE ACT, 1956, BY PARENTS WHO DESIRE TO RELOCATE THE CHILD ABROAD
CONTENTS
67. Procedure in the case of registered adoption deed 376
68. Procedure for inter-country Adoption 376
69. Adoption process 377
70. Issue of No Objection Certificate and Conformity Certificate 378
71. Post-adoption follow-up 378
SCHEDULE I: Certificate declaring the child legally free for adoption 380
SCHEDULE II: Child study report 381
SCHEDULE III: Medical examination report and classification of special needs of the child 383
SCHEDULE IV: Medical test for children admitted into institutions & red flags for developmental milestones 394
SCHEDULE V: Deed of surrender 397
SCHEDULE VI: Online registration form and list of documents to be uploaded 398
SCHEDULE VII: Home study report of resident Indian parent or overseas citizen of India card holder or foreigner living in India 403
SCHEDULE VIII: Pre-adoption foster care undertaking (In the form of an affidavit) 409
SCHEDULE IX: List of documents (attested or notarised) to be filed in the office of District Magistrate 410
SCHEDULE X: Central Adoption Resource Authority 412
SCHEDULE XI: Central Adoption Resource Authority 413
SCHEDULE XII: Post-adoption follow-up report of the child 414
SCHEDULE XIII: Standards of child care in specialised adoption agencies 415
SCHEDULE XIV: Timeline for authorities and agencies concerned 417
SCHEDULE XV: Adoption fees and their utilisation by specialised adoption agencies or child care institutions 421
SCHEDULE XVI: Foster care adoption 423
SCHEDULE XVII: Support letter for regional passport officer in case of in-country adoption 424
SCHEDULE XVIII: Classification of special needs children for the purpose of adoption 425
SCHEDULE XIX: Consent for the purpose of in-country relative adoption 427
SCHEDULE XX: Consent of biological parents along with stepparent to obtain the permission of child welfare committee for adoption of child or children by biological parent and the step-parent 429
SCHEDULE XXI: Family background report of the child and the biological parents 431
SCHEDULE XXII: Permission by child welfare committee to the consent given by the guardian of the child for adoption by their relative [Where biological parents are not alive or not able to give consent]
SCHEDULE XXIII: Affidavit by the chief functionary or authorised person of the specialised adoption agency to district magistrate in support of adoption of child
SCHEDULE XXIV: Affidavit of prospective adoptive parents in case of in-country relative adoption in support of their financial and social status as per sub-regulation (4) of regulation 54
SCHEDULE XXV: Pre-approval letter in case of in-country relative or step adoption
SCHEDULE XXVI: Application from a child care institution for recognition as a specialised adoption agency 438
SCHEDULE XXVII: Format of minutes of the adoption committee in case of in-country adoption 440
SCHEDULE XXVIII: Model application in case of orphan or abandoned or surrendered child (REN) for in-country adoption 441
SCHEDULE XXIX: Model application in case of an orphan or abandoned or surrendered child (REN) for inter-country adoption
SCHEDULE XXX: Model application for in-country relative adoption
SCHEDULE XXXI: Model application for inter-country relative adoption 449
SCHEDULE XXXII: Model application for adoption of child (REN) by step & biological parent 451
SCHEDULE XXXIII: Format of adoption order
SCHEDULE XXXIV: Format of adoption dissolution order
SCHEDULE XXXV: Verification certificate in case of adoption concluded under the Hindu Adoptions and Maintenance Act, 1956 (78 of 1956)
SCHEDULE XXXVI: Family background report under the Hindu Adoptions and Maintenance Act, 1956 (78 of 1956)
NATIONAL CHARTER FOR CHILDREN, 2003
1. Survival, Life and Liberty 462
2. Promoting High Standards of Health and Nutrition 462 3. 462
4. Assuring Basic Minimum Needs and Security 462
5. Play and Leisure 463
6. Early Childhood Care for Survival, Growth and Development 463
7. Free and Compulsory Primary Education 463
8. Protection from Economic Exploitation and all Forms of Abuse 463 9-10. 464
11. Protection of the Girl Child 464
12. Empowering Adolescents 464
13. Equality, Freedom of Expression, Freedom to Seek and Receive Information, Freedom of Association and Peaceful Assembly 464 14-16. 465
17. Strengthening Family 465
18. Responsibilities of Both Parents 465
19. Protection of Children with Disabilities 465
20. Care, Protection, Welfare of Children of Marginalized and Disadvantaged Communities 466 21. 466
22. Ensuring Child Friendly Procedures 466
Juvenile Justice (Care and Protection of Children) Act, 2015
[NO. 2 OF 2016]1
An Act to consolidate and amend the law relating to children alleged and found to be in conflict with law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social re-integration, by adopting a child-friendly approach in the adjudication and disposal of matters in the best interest of children and for their rehabilitation through processes provided, and institutions and bodies established, hereinunder and for matters connected therewith or incidental thereto.
Whereas, the provisions of the Constitution confer powers and impose duties, under clause (3) of article 15, clauses (e) and (f) of article 39, article 45 and article 47, on the State to ensure that all the needs of children are met and that their basic human rights are fully protected;
And whereas, the Government of India has acceded on the 11th December, 1992 to the Convention on the Rights of the Child, adopted by the General Assembly of United Nations, which has prescribed a set of standards to be adhered to by all State parties in securing the best interest of the child;
And whereas, it is expedient to re-enact the Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000) to make comprehensive provisions for children alleged and found to be in conflict with law and children in need of care and protection, taking into consideration the standards prescribed in the Convention on the Rights of the Child, the United Nations Standard Minimum Rules for the Administration of Juvenile Justice, 1985 (the Beijing Rules), the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (1990), the Hague Convention on Protection of Children and Co-operation in Respect of Inter-country Adoption (1993), and other related international instruments.
BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows:—
1. Dated 31-12-2015
S. 2 JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015 2
CHAPTER I PRELIMINARY
Short title, extent, commencement and application.
1. (1) This Act may be called the Juvenile Justice (Care and Protection of Children) Act, 2015.
(2) It extends to the whole of India 2[***].
(3) It shall come into force on such date3 as the Central Government may, by notification in the Official Gazette, appoint.
(4) Notwithstanding anything contained in any other law for the time being in force, the provisions of this Act shall apply to all matters concerning children in need of care and protection and children in conflict with law, including —
(i) apprehension, detention, prosecution, penalty or imprisonment, rehabilitation and social re-integration of children in conflict with law;
(ii) procedures and decisions or orders relating to rehabilitation, adoption, re-integration, and restoration of children in need of care and protection.
COMMENTS
SECTION NOTES
1.1 Territorial Extent of this Act [Sub-section (2)]
This Act extends to the whole of India.
1.2 Application of this Act [Sub-section (4)]
The provisions of this Act shall apply to all matters concerning children in need of care and protection and children in conflict with law, including —
(i) apprehension, detention, prosecution, penalty or imprisonment, rehabilitation and social re-integration of children in conflict with law;
(ii) procedures and decisions or orders relating to rehabilitation, adoption, re-integration, and restoration of children in need of care and protection.
The provisions of this Act apply as above notwithstanding anything contained in any other law for the time being in force.
Definitions.
2. In this Act, unless the context otherwise requires,—
(1) “abandoned child” means a child deserted by his biological or adoptive parents or guardians, who has been declared as abandoned by the Committee after due inquiry;
(2) “adoption” means the process through which the adopted child is permanently separated from his biological parents and becomes the lawful child of his adoptive parents with all the rights, privileges and responsibilities that are attached to biological child;
2. Words “except the State of Jammu and Kashmir” omitted by the Jammu and Kashmir Reorganisation Act, 2019, w.e.f. 31-10-2019.
3. With effect from 15-1-2016.
3 JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015 S. 2
(3) “adoption regulations” means the regulations framed by the Authority and notified by the Central Government in respect of adoption;
(4) 4[***]
(5) “aftercare” means making provision of support, financial or otherwise, to persons, who have completed the age of eighteen years but have not completed the age of twenty-one years, and have left any institutional care to join the mainstream of the society;
(6) “authorised foreign adoption agency” means a foreign social or child welfare agency that is authorised by the Central Adoption Resource Authority on the recommendation of their Central Authority or Government department of that country for sponsoring the application of non-resident Indian or overseas citizen of India or persons of Indian origin or foreign prospective adoptive parents for adoption of a child from India;
(7) “Authority” means the Central Adoption Resource Authority constituted under section 68;
(8) “begging” means—
(i) soliciting or receiving alms in a public place or entering into any private premises for the purpose of soliciting or receiving alms, under any pretence;
(ii) exposing or exhibiting with the object of obtaining or extorting alms, any sore, wound, injury, deformity or disease, whether of himself or of any other person or of an animal;
(9) “best interest of child” means the basis for any decision taken regarding the child, to ensure fulfilment of his basic rights and needs, identity, social well-being and physical, emotional and intellectual development;
(10) “Board” means a Juvenile Justice Board constituted under section 4;
(11) “Central Authority” means the Government department recognised as such under the Hague Convention on Protection of Children and Cooperation in Inter-country Adoption (1993);
(12) “child” means a person who has not completed eighteen years of age;
(13) “child in conflict with law” means a child who is alleged or found to have committed an offence and who has not completed eighteen years of age on the date of commission of such offence;
(14) “child in need of care and protection” means a child—
(i) who is found without any home or settled place of abode and without any ostensible means of subsistence; or
4. Omitted by the Juvenile Justice (Care and Protection of Children) Amendment Act, 2021, w.e.f. 1-9-2022. Prior to its omission, clause (4) read as under:
‘(4) “administrator” means any district official not below the rank of Deputy Secretary to the State, on whom magisterial powers have been conferred;’
S. 2 JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015 4
(ii) who is found working in contravention of 5[the provisions of this Act or] labour laws for the time being in force or is found begging, or living on the street; or
(iii) who resides with a person (whether a guardian of the child or not) and such person—
(a) has injured, exploited, abused or neglected the child or has violated any other law for the time being in force meant for the protection of child; or
(b) has threatened to kill, injure, exploit or abuse the child and there is a reasonable likelihood of the threat being carried out; or
(
c) has killed, abused, neglected or exploited some other child or children and there is a reasonable likelihood of the child in question being killed, abused, exploited or neglected by that person; or
(
iv) who is mentally ill or mentally or physically challenged or suffering from terminal or incurable disease, having no one to support or look after or having parents or guardians unfit to take care, if found so by the Board or the Committee; or
(v) who has a parent or guardian and such parent or guardian is found to be unfit or incapacitated, by the Committee or the Board, to care for and protect the safety and well-being of the child; or
6[(vi) who does not have parents and no one is willing to take care of, and protect or who is abandoned or surrendered;]
(vii) who is missing or run away child, or whose parents cannot be found after making reasonable inquiry in such manner as may be prescribed; or
(viii) who has been or is being or is likely to be abused, tortured or exploited for the purpose of sexual abuse or illegal acts; or
(ix) who is found vulnerable and 7[has been or is being or is likely to be] inducted into drug abuse or trafficking; or
(x) who is being or is likely to be abused for unconscionable gains ; or
(xi) who is victim of or affected by any armed conflict, civil unrest or natural calamity; or
(xii) who is at imminent risk of marriage before attaining the age of marriage and whose parents, family members, guardian and any
5. Inserted by the Juvenile Justice (Care and Protection of Children) Amendment Act, 2021 w.e.f. 1-9-2022.
6. Substituted by the Juvenile Justice (Care and Protection of Children) Amendment Act, 2021, w.e.f. 1-9-2022. Prior to its substitution, sub-clause (vi) read as under : “(vi) who does not have parents and no one is willing to take care of, or whose parents have abandoned or surrendered him; or”
7. Substituted for “is likely to be”, ibid.
5 JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN)
ACT, 2015 S. 2
other persons are likely to be responsible for solemnisation of such marriage;
(15) “child friendly” means any behaviour, conduct, practice, process, attitude, environment or treatment that is humane, considerate and in the best interest of the child;
(16) “child legally free for adoption” means a child declared as such by the Committee after making due inquiry under section 38;
(17) “Child Welfare Officer” means an officer attached to a 8[child care institution], for carrying out the directions given by the Committee or, as the case may be, the Board with such responsibility as may be prescribed;
(18) “Child Welfare Police Officer” means an officer designated as such under sub-section (1) of section 107;
(19) “Children’s Home” means a Children’s Home, established or maintained, in every district or group of districts, by the State Government, either by itself, or through a voluntary or non-governmental organisation, and is registered as such for the purposes specified in section 50;
(20) “Children’s Court’’ means a court established under the Commissions for Protection of Child Rights Act, 2005 (4 of 2006) or a Special Court under the Protection of Children from Sexual Offences Act, 2012 (32 of 2012), wherever existing and where such courts have not been designated, the Court of Sessions having jurisdiction to try offences under the Act;
(21) “child care institution” means Children Home, open shelter, observation home, special home, place of safety, specialised Adoption Agency and a fit facility recognised under this Act for providing care and protection to children, who are in need of such services;
(22) “Committee” means Child Welfare Committee constituted under section 27;
(23) “court” means a civil court, which has jurisdiction in matters of adoption and guardianship and may include the District Court, Family Court and City Civil Courts;
(24) “corporal punishment” means the subjecting of a child by any person to physical punishment that involves the deliberate infliction of pain as retribution for an offence, or for the purpose of disciplining or reforming the child;
(25) “childline services” means a twenty-four hours emergency outreach service for children in crisis which links them to emergency or long-term care and rehabilitation service;
(26) “District Child Protection Unit” means a Child Protection Unit for a District, established by the State Government under section 106, 9[which shall function under the supervision of the District Magistrate] to ensure
8. Substituted for “Children’s Home” by the Juvenile Justice (Care and Protection of Children) Amendment Act, 2021, w.e.f. 1-9-2022.
9. Substituted for “which is the focal point”, ibid
S. 2 JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015 6
the implementation of this Act and other child protection measures in the district;
10[(26A) “District Magistrate” includes Additional District Magistrate of the District;]
(
27) “fit facility” means a facility being run by a governmental organisation or a registered voluntary or non-governmental organisation, prepared to temporarily own the responsibility of a particular child for a specific purpose, and such facility is recognised as fit for the said purpose, by the Committee, as the case may be, or the Board, under sub-section (1) of section 51;
(
28) “fit person” means any person, prepared to own the responsibility of a child, for a specific purpose, and such person is identified after inquiry made in this behalf and recognised as fit for the said purpose, by the Committee or, as the case may be, the Board, to receive and take care of the child;
(
29) “foster care” means placement of a child, by the Committee for the purpose of alternate care in the domestic environment of a family, other than the child’s biological family, that has been selected, qualified, approved and supervised for providing such care;
(
(
30) “foster family” means a family found suitable by the District Child Protection Unit to keep children in foster care under section 44;
31) “guardian” in relation to a child, means his natural guardian or any other person having, in the opinion of the Committee or, as the case may be, the Board, the actual charge of the child, and recognised by the Committee or, as the case may be, the Board as a guardian in the course of proceedings;
(
32) “group foster care” means a family like care facility for children in need of care and protection who are without parental care, aiming on providing personalised care and fostering a sense of belonging and identity, through family like and community based solutions;
(33) “heinous offences” includes the offences for which the minimum punishment under the Indian Penal Code (45 of 1860) or any other law for the time being in force is imprisonment for seven years or more;
(34) “inter-country adoption” means adoption of a child from India by nonresident Indian or by a person of Indian origin or by a foreigner;
(35) “juvenile” means a child below the age of eighteen years;
(36) “narcotic drug” and “psychotropic substance” shall have the meanings, respectively, assigned to them in the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985);
(37) “no objection certificate” for inter-country adoption means a certificate issued by the Central Adoption Resource Authority for the said purpose;
10. Inserted by the Juvenile Justice (Care and Protection of Children) Amendment Act, 2021, w.e.f. 1-9-2022.
7 JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT,
2015 S. 2
(38) “non-resident Indian” means a person who holds an Indian passport and is presently residing abroad for more than one year;
(39) “notification” means the notification published in the Official Gazette of India, or as the case may be, in the Gazette of a State, and the expression “notify” shall be construed accordingly;
(40) “observation home” means an observation home established and maintained in every district or group of districts by a State Government, either by itself, or through a voluntary or non-governmental organisation, and is registered as such, for the purposes specified in sub-section (1) of section 47;
(
41) “open shelter” means a facility for children, established and maintained by the State Government, either by itself, or through a voluntary or non-governmental organisation under sub-section (1) of section 43, and registered as such, for the purposes specified in that section;
(42) “orphan” means a child—
(i) who is without biological or adoptive parents or legal guardian; or (ii) whose legal guardian is not willing to take, or capable of taking care of the child;
(43) “overseas citizen of India” means a person registered as such under the Citizenship Act, 1955 (57 of 1955);
(44) “person of Indian origin” means a person, any of whose lineal ancestors is or was an Indian national, and who is presently holding a Person of Indian Origin Card issued by the Central Government;
(45) “petty offences” includes the offences for which the maximum punishment under the Indian Penal Code (45 of 1860) or any other law for the time being in force is imprisonment up to three years;
(46) “place of safety” means any place or institution, not being a police lockup or jail, established separately or attached to an observation home or a special home, as the case may be, 11[***] to receive and take care of the children alleged or found to be in conflict with law, by an order of the Board or the Children’s Court, both during inquiry and ongoing rehabilitation after having been found guilty for a period and purpose as specified in the order;
(47) “prescribed” means prescribed by rules made under this Act;
(48) “probation officer” means an officer appointed by the State Government as a probation officer under the Probation of Offenders Act, 1958 (20 of 1958) or the Legal-cum-Probation Officer appointed by the State Government under District Child Protection Unit;
(49) “prospective adoptive parents” means a person or persons eligible to adopt a child as per the provisions of section 57;
11. Words “the person-in-charge of which is willing” omitted by the Juvenile Justice (Care and Protection of Children) Amendment Act, 2021, w.e.f. 1-9-2022.
S. 2 JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015 8
(
50) “public place” shall have the same meaning assigned to it in the Immoral Traffic (Prevention) Act, 1956 (104 of 1956);
(51) “registered”, with reference to child care institutions or agencies or facilities managed by the State Government, or a voluntary or non-governmental organisation, means observation homes, special homes, place of safety, children’s homes, open shelters or Specialised Adoption Agency or fit facility or any other institution that may come up in response to a particular need or agencies or facilities authorised and registered under section 41, for providing residential care to children, on a short-term or long-term basis;
(52) “relative”, in relation to a child for the purpose of adoption under this Act, means a paternal uncle or aunt, or a maternal uncle or aunt, or paternal grandparent or maternal grandparent;
(
53) “State Agency” means the State Adoption Resource Agency set up by the State Government for dealing with adoption and related matters under section 67;
12[(54) “serious offences” includes the offences for which the punishment under the Indian Penal Code (45 of 1860) or any other law for the time being in force, is,—
(a) minimum imprisonment for a term more than three years and not exceeding seven years; or
(b) maximum imprisonment for a term more than seven years but no minimum imprisonment or minimum imprisonment of less than seven years is provided.]
(55) “special juvenile police unit” means a unit of the police force of a district or city or, as the case may be, any other police unit like railway police, dealing with children and designated as such for handling children under section 107;
(56) “special home” means an institution established by a State Government or by a voluntary or non-governmental organisation, registered under section 48, for housing and providing rehabilitative services to children in conflict with law, who are found, through inquiry, to have committed an offence and are sent to such institution by an order of the Board;
(57) “Specialised Adoption Agency” means an institution established by the State Government or by a voluntary or non-governmental organisation and recognized under section 65, for housing orphans, abandoned and surrendered children, placed there by order of the Committee, for the purpose of adoption;
12. Substituted by the Juvenile Justice (Care and Protection of Children) Amendment Act, 2021, w.e.f. 1-9-2022. Prior to its substitution, clause (54) read as under :
‘(54) “serious offences” includes the offences for which the punishment under the Indian Penal Code (45 of 1860) or any other law for the time being in force, is imprisonment between three to seven years;’
JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015 S. 2
(58) “sponsorship” means provision of supplementary support, financial or otherwise, to the families to meet the medical, educational and developmental needs of the child;
(59) “State Government”, in relation to a Union territory, means the Administrator of that Union territory appointed by the President under article 239 of the Constitution;
(60) “surrendered child” means a child, who is relinquished by the parent or guardian to the Committee, on account of physical, emotional and social factors beyond their control, and declared as such by the Committee;
(61) all words and expressions used but not defined in this Act and defined in other Acts shall have the meanings respectively assigned to them in those Acts.
COMMENTS
SECTION NOTES
2.1 Child [Section 2(12)]
“Child” means a person who has not completed eighteen years of age.
See Section 94 which provides for Presumption and determination of age.
See also Sections 5 and 6.
2.2 Juvenile [Section 2(35)]
“Juvenile” means a child below the age of eighteen years.
See Section 94 which provides for Presumption and determination of age.
See also Sections 5 and 6.
2.3 Child in con ict with offence [Section 2(13)]
“Child in conflict with law” means a person who is a child as on the date of commission of an offence which he is alleged or found to have committed.
Age as on date of commission of offence is relevant, not age on the date when offence is found to have been committed or on the date on which allegations are first made.
Section 89 provides that any child who commits any offence under Chapter IX of this Act shall be considered as a child in conflict with law under this Act.
2.4 Child in need of care and protection [Section 2(14)]
“Child in need of care and protection” means a child—
Homeless and sans ostensible means of subsistence (i) who is:
without any home or settled place of abode, and without any ostensible means of subsistence; or
Found working in contravention of labour laws or begging or living on street (ii) who is found:
working in contravention of the provisions of this Act or labour laws for the time being in force, or begging, or
S. 2 JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015 10
living on the street; or
Injured, exploited, abused or neglected by the person with whom the child resides
(iii) who resides with a person (whether a guardian of the child or not) and such person—
(a) has injured, exploited, abused or neglected the child or has violated any other law for the time being in force meant for the protection of child; or
(b) has threatened to kill, injure, exploit or abuse the child and there is a reasonable likelihood of the threat being carried out; or
(
c) has killed, abused, neglected or exploited some other child or children and there is a reasonable likelihood of the child in question being killed, abused, exploited or neglected by that person; or
Mentally ill or mentally or physically challenged or suffering from terminal or incurable disease with none to care for
(iv) who is mentally ill or mentally or physically challenged or suffering from terminal or incurable disease, having no one to support or look after or having parents or guardians unfit to take care, if found so by the Board or the Committee; or
Parent or guardian of child is unfit or incapacitated to care and protect the child
(v) who has a parent or guardian and such parent or guardian is found to be unfit or incapacitated, by the Committee or the Board, to care for and protect the safety and well-being of the child; or
Orphaned or abandoned or surrendered
(vi) who does not have parents and no one is willing to take care of and protect or who is abandoned or surrendered;
Missing or run away child
(vii) who is missing or run away child, or whose parents cannot be found after making reasonable inquiry in such manner as may be prescribed; or
(viii) who has been or is being or is likely to be abused, tortured or exploited for the purpose of sexual abuse or illegal acts; or
Vulnerable to drug abuse or trafficking
(ix) who is found vulnerable and has been or is being or is likely to be inducted into drug abuse or trafficking; or
Child Abused for unconscionable gains
(x) who is being or is likely to be abused for unconscionable gains; or
Victim
(xi) who is victim of or affected by any armed conflict, civil unrest or natural calamity; or
Child at imminent risk of marriage
(xii) who is at imminent risk of marriage before attaining the age of marriage and whose parents, family members, guardian and any other persons are likely to be responsible for solemnisation of such marriage;
2.5 Abandoned child [Section 2(1)]
“Abandoned child” means a child who has been: deserted by his biological or adoptive parents or guardians, and declared as abandoned by the Child Welfare Committee [See Section 27] after due inquiry;
JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT 2015 WITH RULES –BARE ACT WITH SECTION NOTES
AUTHOR : TAXMANN'S EDITORIAL BOARD
PUBLISHER : TAXMANN
DATE OF PUBLICATION : JUNE 2025
EDITION : 2025 EDITION
ISBN NO : 9789364559263
NO. OF PAGES : 488
BINDING TYPE : PAPERBACK
DESCRIPTION
Juvenile Justice (Care and Protection of Children) Act 2015 with Rules [Bare Act with Section Notes] by Taxmann is a reliable and updated reference for juvenile justice, child welfare, and child protection law in India. The 2025 Edition incorporates all key amendments, recent judicial developments, and allied legislation, including the Adoption Regulations 2022 and National Charter for Children 2003, making it a practical guide to the statutory and institutional framework for child protection, rehabilitation, and adoption.
• Government Officials, Policy Makers & Administrators
• Academicians & Students
The Present Publication is the 2025 Edition, covering the amended and updated text of the Juvenile Justice (Care and Protection of Children) Act [Act No. 2 of 2016] and Rules, with the following noteworthy features:
• [Complete & Updated Bare Act] Latest text of the Juvenile Justice Act, as amended
• [Section Notes] Clear, concise explanatory notes with practical insights and key case law
• [Rules & Allied Legislation] Includes Model Rules 2016, Adoption Regulations 2022, and the National Charter for Children 2003
• [User-friendly Format] Logical structure, detailed index, and statutory forms for quick access
• [Practical Forms & Schedules] Includes all essential forms and schedules for legal proceedings
• [Broad Applicability] Useful for legal, academic, administrative, and social sector audiences
• [Recommended for Examinations & Training] Suitable for study, professional training, and certification
