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The Gazette of India
Ministry of Law, Justice and Company Affairs
(Legislative Department)
THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2000
(Act No. 56 of 2000)
[30th December 2000]

An Act to consolidate and amend the law relating to juveniles in conflict with law and children in
need of care and protection, by providing for proper care, protection and treatment by catering to
their development needs, and by adopting a child-friendly approach in the adjudication and
disposition of matters in the best interest of children and for their ultimate rehabilitation through
various institutions established under this enactment.
WHEREAS the Constitution has, in several provisions, including clause (3) of article 15, clauses
(e) and (f) of article 39, articles 45 and 47, impose on the State a primary responsibility of
ensuring that all the needs of children are met and that their basic human rights are fully
protected;
AND WHEREAS, the General Assembly of the United Nations has adopted the Convention on
the Rights of the Child on the 20th November, 1989;
AND WHEREAS, the Convention on the Rights of the Child has prescribed a set of standards to
be adhered to by all State parties in securing the best interests of the child;
AND WHEREAS, the Convention on the Rights of the Child emphasises social reintegration of
child victims, to the extent possible, without resorting to judicial proceedings;
AND WHEREAS, the Government of India has ratified the Convention on the 11th December,
1992;
AND WHEREAS, it is expedient to re-enact the existing law relating to juveniles bearing in mind
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), and all other
relevant international instruments.
Be it enacted by Parliament in the Fifty-first Year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.- (1) This Act may be called the Juvenile Justice (Care
and Protection of Children) Act, 2000.
(2) it extends to the Whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Central Government may, by notification in the
Official Gazette, appoint.
2. Definitions- In this Act, unless the context otherwise requires,-
a. "advisory board" means a Central or a state advisory board or a district and city level advisory
board, as the case may be, constituted under section 62;
b. "begging" meansi. soliciting or receiving alms in a public place or entering into any private premises for the
purpose of soliciting or receiving alms, whether 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;
c. "Board" means a Juvenile Justice Board constituted under section 4;
d. "child in need of care and protection" means a child - who is found without any home or settled
place or abode and without any ostensible means of subsistence,
ii. who resides with a person (whether a guardian of the child or not) and such persona. has threatened to kill or injure the child and there is a reasonable likelihood of the threat being
carried out, or
b. has killed, abused or neglected some other child or children and there is a reasonable
likelihood of the child in question being killed, abused or neglected by that person,
iii. who is mentally or physically challenged or ill children or children suffering from terminal
diseases or incurable diseases having no one to support or look after,
iv. who has a parent or guardian and such parent or guardian is unfit or incapacitated to exercise
control over the child,
v. who does not have parent and no one is willing to take care of or whose parents have
abandoned him or who is missing and run away child and whose parents cannot be found after
reasonable injury,
vi. who is being or is likely to be grossly abused, tortured or exploited for the purpose of sexual
abuse or illegal acts,
vii. who is found vulnerable and is likely to be inducted into drug abuse or trafficking,
viii. who is being or is likely to be abused for unconscionable gains,
ix. who is victim of any armed conflict, civil commotion or natural calamity;
e. "children's home" means an institution established by a State Government or by voluntary
organisation and certified by that Government under section 34;
f. "Committee" means a Child Welfare Committee constituted under section 29;
g. "competent authority" means in relation to children in need of care and protection a Committee
and in relation to juveniles in conflict with law a Board;
h. "fit institution" means a governmental or a registered non-governmental organisation or a
voluntary organisation prepared to own the responsibility of a child and such organisation is found
fit by the competent authority;
i. "fit person" means a person, being a social worker or any other person, who is prepared to own
the responsibiliy of a child and is found fit by the competent authority to receive and take care of
the child;
j. "guardian", in relation to a child, means his natural guardian or any other person having the
actual charge or control over the child and recognised by the competent authority as a guardian
in course of proceedings before that authority;
k. "juvenile" or "child" means a person who has not completed eighteenth year of age;
l. "juvenile in conflict with law" means a juvenile who is alleged to have committed an offence;
m. "local authority" means Panchayats at the village and Zila Parishad at the district level and
shall also include a Municipal Committee or Corporation or a Cantonment Board or such other
body legally entitled to function as local authority by the Government;
n. "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);
o. "observation home" means a home established by a State Government or by a voluntary
organisation and certified by that State Government under section 8 as an observation home for
the juvenile in conflict with law;
p. "offence" means an offence punishable under any law for the time being in force;
q. "place of safety" means any place or institution (not being a police lock-up or jail), the person
incharge of which is willing temporarily to receive and take care of the juvenile and which, in the
opinion of the competent authority, may be a place of safety for the juvenile;
r. "prescribed" means prescribed by rules made under this act;
s. "Probation officer" means an officer appointed by the State Government as a probation officer
under the Probation of Offenders Act, 1958 (20 of 1958);
t. "public place" shall have the meaning assigned to it in the Immoral Traffic (Prevention) Act,
1956 (104 of 1956);
u. "shelter home" means a home or a drop-in-centre set up under section 37;
v. "special home" means an institution established by a State Government or by a voluntary
organisation and certified by that Government under section 9;
w. "special juvenile police unit" means a unit of the police force of a State designated for handling
of juveniles or children under section 63;
x. "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;
y. all words and expressions used but not defined in this Act and defined in the Code of Criminal
Procedure, 1973 (2 of 1974), shall have the meanings respectively assigned to them in that code.
3. Continuation of Inquiry in respect of juvenile who has ceased to be a juvenile.- Where an
inquiry has been initiated against a juvenile in conflict with law or a child in need of care and
protection and during the course of such inquiry the juvenile or the child ceases to be such, then,
notwithstanding anything contained in this Act or in any other law for the time being in force, the
inquiry may be continued and orders may be made in respect of such person as if such person
had continued to be a juvenile or a child.
CHAPTER II
JUVENILE IN CONFLICT WITH LAW
4. Juvenile Justice Board.- (1) Notwithstanding anything contained in the Code of Criminal
Procedure, 1973 (2 of 1974), the State Government may, by notification in the Official Gazette,
constitute for a district or a group of districts specified in the notification, one or more Juvenile
Justice Boards for exercising the powers and discharging the duties conferred or imposed on
such Boards in relation to juveniles in conflict with law under this act.
(2) A Board shall consist of a Metropolitan Magistrate or a Judicial Magistrate of the first class, as
the case may be, and two social workers of whom at least one shall be a woman, forming a
Bench and every such Bench shall have the powers conferred by the Code of Criminal
Procedure, 1973 (2 of 1974), on a Metropolitan Magistrate or, as the case may be, a Judicial
Magistrate of the first class and the Magistrate on the Board shall be designated as the principal
Magistrate.
(3) No Magistrate shall be appointed as a member of the Board unless he has special knowledge
or training in child psychology or child welfare and no social worker shall be appointed as a
member of the Board unless he has been actively involved in health, education, or welfare
activities pertaining to children for at least seven years.
(4) The term of office of the members of the Board and the manner in which such member may
resign shall be such as may be prescribed.
(5) The appointment of any member of the Board may be terminated after holding inquiry, by the
State Government, if -
i. he has been found guilty of misuse of power vested under this act,
ii. he has been convicted of an offence involving moral turpitude, and such conviction has not
been reversed or he has not been granted full pardon in respect of such offence,
iii. he fails to attend the proceedings of the Board foe consecutive three months without any valid
reason or he fails to attend less than three-fourth of the sittings in a year.
5. Procedure, etc. in relation to Board.- (1) The Board shall meet at such times and shall, observe
such rules of procedure in regard to the transaction of business at its meetings, as may be
prescribed.
(2) A child in conflict with law may be produced before an individual member of the Board, when
the Board is not sitting.
(3) A Board may act notwithstanding the absence of any member of the Board, and no order
made by the Board shall be invalid by reason only of the absence of any member during any
stage of proceedings:
Provided that there shall be at least two members including the principal Magistrate present at the
time of final disposal of the case.
(4) In the event of any difference of opinion among the members of the Board in the interim or
final disposition, the opinion of the majority shall prevail, but where there is no such majority, the
opinion of the principal Magistrate, shall prevail.
6. Powers of Juvenile Justice Board.- (1) Where a Board has been constituted for any district or a
group of districts, such Board shall, notwithstanding anything contained in any other law for the
time being in force but save as otherwise expressly provided in this Act, have power to deal
exclusively with all proceedings under this Act, relating to juvenile in conflict with law.
(2) The powers conferred on the Board by or under this Act may also be exercised by the High
Court and the Court of Session, when the proceedings comes before them in appeal, revision or
otherwise.
7. Procedure to be followed by a Magistrate not empowered under the Act.- (1) When any
Magistrate not empowered to exercise the powers of a Board under this Act is of the opinion that
a person brought before him under any of the provisions of this Act (other than for the purpose of
giving evidence), is a juvenile or the child, he shall without any delay record such opinion and
forward the juvenile or the child, and the record of the proceeding to the competent authority
having jurisdiction over the proceeding.
(2) The competent authority to which the proceeding is forwarded under sub-section (1) shall hold
the inquiry as if the juvenile or the child had originally been brought before it.
8. Observation homes.- (1) Any State Government may establish and maintain either by itself or
under an agreement with voluntary organisations, observation homes in every district or a group
of districts, as may be required for the temporary reception of any juvenile in conflict with law
during the pendency of any inquiry regarding them under this Act.
(2) Where the State Government is of opinion that any institution other than a home established
or maintained under sub-section (1), is fit for the temporary reception of juvenile in conflict with
law during the pendency of any inquiry regarding them under this Act, it may certify such
substitution as an observation home for purposes of this Act.
(3) The State Government may, by rules made under this Act, provide for the management of
observation homes, including the standards and various types of services to be provided by them
for rehabilitation and social integration of a juvenile, and the circumstances under which, and the
manner in which, the certification of an observation home may be granted or withdrawn.
(4) Every juvenile who is not placed under the charge of parent or guardian and is sent to an
observation home shall be initially kept in a reception unit of the observation home for preliminary
inquiries, care and classification for juveniles according to his age group, such as seven to twelve
years, twelve to sixteen years and sixteen to eighteen years, giving due considerations to
physical and mental status and degree of the offence committed, for further induction into
observation home.
9. Special Homes.- (1) Any State Government may establish and maintain either by itself or under
an agreement with voluntary organisations, special homes in every district or a group of districts,
as may be required for reception and rehabilitation of juvenile in conflict with law under this Act.
(2) Where the State Government is of opinion that any institution other than a home established
or maintained under sub-section (1), is fit for the reception of juvenile in conflict with law to be
sent there under this Act, it may certify such institution as a special home for the purposes of this
Act.
(3) The State Government may, by rules made under this Act, provide for the management of
special homes, including the standards and various types of services to be provided by them
which are necessary for re-socialisation of a juvenile, and the circumstances under which and the
manner in which, the certification of a special home may be granted or withdrawn.
(4) The rules made under sub-section (3) may also provide for the classification and separation of
juvenile in conflict with law on the basis of age and the nature of offences committed by them and
his mental and physical status.
10. Apprehension of juvenile in conflict with law.- (1) As soon as a juvenile in conflict with law is
apprehended by police, he shall be placed under the charge of the special juvenile police unit or
the designated police officer who shall immediately report the matter to a member of the Board.
(2) The State Government may make rules consistent with this Act,-i. to provide for persons through whom ( including registered voluntary organisations) any juvenilein conflict with law may be produced before the Board;ii. to provide the manner in which such juvenile may be sent to an observation home.11. Control of custodian over juvenile .- Any person in whose charge a juvenile is placed inpursuance of this Act shall, while the order is in force have the control over the juvenile as hewould have if he were his parents, and shall be responsible for his maintenance, and the juvenileshall continue in his charge for the period stated by competent authority, notwithstanding that heis claimed by his parents or any other person.12. Bail of juvenile.- (1) When any person accused of a bailable or non-bailable offence, andapparently a juvenile, is arrested or detained or appears or is brought before a Board, suchperson shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of1974) or in any other law for the time being in force, be released on bail with or without surety buthe shall not be so released if there appear reasonable grounds for believing that the release islikely to bring him into association with any known criminal or expose him to moral, physical orpsychological danger or that his release would defeat the ends of justice.(2) When such person having been arrested is not released on bail under sub-section (1) by theofficer incharge of the police station, such officer shall cause him to be kept only in anobservation home in the prescribed manner until he can brought before a Board.(3) When such person is not released on bail under sub-section (1) by the Board it shall, insteadof committing him to prison, make an order sending him to an observation home or a place ofsafety for such period during the pendency of the inquiry regarding him as may be specified in theorder.13. Information to parent, guardian or probation officer.- Where a juvenile is arrested, the officerincharge of the police station or the special juvenile police unit to which the juvenile is broughtshall, as soon as may be after the arrest, inform-(a) the parent or guardian of the juvenile , if he can be found, of such arrest and direct him to bepresent at the Board before which the juvenile will appear; and(b) the probation officer of such arrest to enable him to obtain information regarding theantecedents and family background of the juvenile and other material circumstances likely to beof assistance to the Board for making the inquiry.14. Inquiry by Board regarding juvenile.- Where a juvenile having been charged with the offenceis produced before a Board, the Board shall hold the inquiry in accordance with the provisions ofthis Act and may make such order in relation to the juvenile as it deems fit:Provided that an inquiry under this section shall be completed within a period of four months fromthe date of its commencement, unless the period is extended by the Board having regard to thecircumstances of the case and in special cases after recording the reasons in writing for suchextension.15. Order that may be passed regarding juvenile.- (1) Where a Board is satisfied on inquiry that ajuvenile has committed an offence, then notwithstanding anything to the contrary contained in anyother law for the time being in force, the Board may, if it thinks so fit,-(a) allow the juvenile to go home after advice or admonition following appropriate inquiry againstand counselling to the parent or the guardian and the juvenile;(b) direct the juvenile to participate in group counselling and similar activities;(c) order the juvenile to perform community service;(d) order the parent of the juvenile or the juvenile himself to pay a fine, if he is over fourteen yearsof age and earns money;(e) direct the juvenile to be released on probation of good conduct and placed under the care ofany parent, guardian or other fit person, on such parent, guardian or other fit person executing abond, with or without surety, as the Board may require, for the good behaviour and well-being ofthe juvenile for any period not exceeding three years;(f) direct the juvenile to be released on probation of good conduct and placed under the care ofany fit institution for the good behaviour and well-being of the juvenile for any period notexceeding three years;(g) make an order directing the juvenile to be sent to a special home,-i. in the case of juvenile, over seventeen years but less than eighteen years of age for a period ofnot less than two years;ii. in case of any other juvenile for the period until he ceases to be a juvenile :Provided that the Board may, if it is satisfied that having regard to the nature of the offence andthe circumstances of the case it is expedient so to do, for reasons to be recorded, reduce theperiod of stay to such period as it thinks fit.2. The Board shall obtain the social investigation report on juvenile either through a probationofficer or a recognised voluntary organisation or otherwise, and shall take into consideration thefindings of such report before passing an order.3. Where an order under clause (d), clause (e) or clause (f) of sub-section (1) is made, the Boardmay, if it is of opinion that in the interests of the juvenile and of the public, it is expedient so to do,in addition make an order that the juvenile in conflict with law shall remain under the supervisionof a probation officer named in the order during such period, not exceeding three years as maybe specified therein, and may in such supervision order impose such conditions as it deemsnecessary for the due supervision of the juvenile in conflict with law :Provided that if at any time afterwards it appears to the Board on receiving a report from theprobation officer or otherwise, that the juvenile in conflict with law has not been of good behaviourduring the period of supervision or that the fit institution under whose care the juvenile was placedis no longer able or willing to ensure the good behaviour and well-being of the juvenile it may,after making such inquiry as it deems fit, order the juvenile in conflict with law to be sent to aspecial home.4. The Board shall while making a supervision order under sub-section (3), explain to the juvenileand the parent, guardian or other fit person or fit institution, as the case may be, under whosecare the juvenile has been placed, the terms and conditions of the order shall forthwith furnishone copy of the supervision order to the juvenile, the parent, guardian or other fit person or fitinstitution, as the case may be, the sureties, if any, and the probation officer.16. Order that may not be passed against juvenile.-(1) Notwithstanding anything to the contrarycontained in any other law for the time being in force, no juvenile in conflict with law shall besentenced to death or life imprisonment, or committed to prison in default of payment of fine or indefault of furnishing security :Provided that where a juvenile who has attained the age of sixteen years has committed anoffence and the Board is satisfied that the offence committed is of so serious in nature or that hisconduct and behaviour have been such that it would not be in his interest or in the interest ofother juvenile in a special home to send him to such special home and that none of the othermeasures provided under this Act is suitable or sufficient, the Board may order the juvenile inconflict with law to be kept in such place of safety and in such manner as it thinks fit and shallreport the case for the order of the State Government.(2) On receipt of a report from a Board under sub-section (1), the State Government may makesuch arrangement in respect of the juvenile as it deems proper and may order such juvenile to bekept under protective custody at such place and on such conditions as it thinks fit :Provided that the period of detention so ordered shall not exceed the maximum period ofimprisonment to which the juvenile could have been sentenced for the offence committed.17. Proceeding under Chapter VIII of the Code of Criminal Procedure not component againstjuvenile.- Notwithstanding anything to the contrary contained in the Code of Criminal Procedure,1973 (2 of 1974) no proceeding shall be instituted and no order shall be passed against thejuvenile under Chapter VIII of the said Code.18. No joint proceeding of juvenile and person not a juvenile.-(1) Notwithstanding anythingcontained in section 223 of the Code of Criminal Procedure, 1973 (2 of 1974) or in any other lawfor the time being in force, no juvenile shall be charged with or tried for any offence together witha person who is not a juvenile.(2) If a juvenile is accused of an offence for which under section 223 of the Code of CriminalProcedure, 1973 (2 of 1974) or any other law for the time being in force, such juvenile and anyperson who is not a juvenile would, but for the prohibition contained in sub-section (1), have beencharged and tried together, the Board taking cognizance of that offence shall direct separate trialsof the juvenile and the other person.19. Removal of disqualification attaching to conviction.-(1) Notwithstanding anything contained inany other law, a juvenile who has committed an offence and has been dealt with under theprovisions of this Act shall not suffer disqualification, if any, attaching to a conviction of an offenceunder such law.(2) The Board shall make an order directing that the relevant records of such conviction shall beremoved after the expiry of the period of appeal or a reasonable period as prescribed under therules, as the case may be.20. Special provision in respect of pending cases.- Notwithstanding anything contained in thisAct, all proceedings in respect of a juvenile pending in any court in any area on the date on whichthis Act comes into force in that area, shall be continued in that court as if this Act had not beenpassed and if the court finds that the juvenile has committed an offence, it shall record suchfinding and instead of passing any sentence in respect of the juvenile, forward the juvenile to theBoard which shall pass orders in respect of that juvenile in accordance with the provisions of thisAct as if it had been satisfied on inquiry under this Act that a juvenile has committed the offence.21. Prohibition of publication of name, etc., of juvenile involved in any proceeding under the Act.-(1) No report in any newspaper, magazine, news-sheet or visual media of any inquiry regarding ajuvenile in conflict with law under this Act shall disclose the name, address or school or any otherparticulars calculated to lead to the identification of the juvenile nor shall any picture of any suchjuvenile be published :Provided that for reasons to be recorded in writing the authority holding the inquiry may permitsuch disclosure, if in its opinion such disclosure is in interest of the juvenile.(2) Any person contravening the provisions of sub-section (1) shall be punishable with fine, whichmay extend to one thousand rupees.22. Provision in respect of escaped juvenile.- Notwithstanding anything to the contrary containedin any other law for the time being in force, any police officer may take charge without warrant ofa juvenile in conflict with law who has escaped from a special home or an observation home orfrom the care of a person under whom he was placed under this Act, and shall be sent back tothe special home or the observation home or that person, as the case may be; and no proceedingshall be instituted in respect of the juvenile by reason of such escape, but the special home, orthe observation home or the person may, after giving the information to the Board which passedthe order in respect of the juvenile, take such steps in respect of the juvenile as may be deemednecessary under the provisions of this Act.23. Punishment for cruelty to juvenile or child.- Whoever, having the actual charge of, or controlover, a juvenile or the child, assaults, abandons, exposes or wilfully neglects the juvenile orcauses or procures him to be assaulted, abandoned, exposed or neglected in a manner likely tocause such juvenile or the child unnecessary mental or physical suffering shall be punishable withimprisonment for a team which may extend to six months, or fine, or with both.24. Employment of juvenile or child for begging.-(1) Whoever employs or uses any juvenile or thechild for the purpose or causes any juvenile to beg shall be punishable with imprisonment for aterm which may extend to three years and shall also be liable to fine.(2) Whoever, having the actual charge of, or control over, a juvenile or the child abets thecommission of the offence punishable under sub-section (1), shall be punishable withimprisonment for a term which may extend to one year and shall also be liable to fine.25. Penalty for giving intoxicating liquor or narcotic drug or psychotropic substance to juvenile orchild.- Whoever gives, or causes to be given, to any juvenile or the child any intoxicating liquor ina public place or any narcotic drug or psychotropic substance except upon the order of dulyqualified medical practitioner or in case of sickness shall be punishable with imprisonment for aterm which may extend to three years and shall be liable to fine.26. Exploitation of juvenile or child employee.- Whoever ostensibly procures a juvenile or the childfor the purpose of any hazardous employment keeps him in bondage and withholds his earningsor uses such earning for his own purposes shall be punishable with imprisonment for a termwhich may extend to three years and shall be liable to fine.27. Special offences.- The offences punishable under sections 23, 24, 25 and 26 shall becognizable.28. Alternative punishment.- Where an act or omission constitute an offence punishable underthis Act and also under any other Central or State Act, then, notwithstanding anything containedin any law for the time being in force, the offender found guilty of such offences shall be liable topunishment only under such Act as provides for punishment which is greater in degree.CHAPTER IIICHILD IN NEED OF CARE AND PROTECTION29. Child Welfare Committee.-(1) The State Government may, by notification in Official Gazette,constitute for every district or group of districts, specified in the notification, one or more ChildWelfare Committees for exercising the powers and discharge the duties conferred on suchCommittees in relation to child in need of care and protection under this Act.(2) The Committee shall consist of a Chairperson and four other members as the StateGovernment may think fit to appoint, of whom at least one shall be a woman and another, anexpert on matters concerning children.(3) The qualifications of the Chairperson and the members, and the tenure for which they may beappointed shall be such as may be prescribed.(4) The appointment of any member of the Committee may be terminated, after holding inquiry,by the State Government, ifi. he has been found guilty of misuse of power vested under this Act;ii. he has been convicted of an offence involving moral turpitude, and such conviction has notbeen reversed or he has not been granted full pardon in respect of such offence;iii. he fails to attend the proceedings of the Committee for consecutive three months without anyvalid reason or he fails to attend less than three-fourth of the sittings in a year.(5) The Committee shall function as a Bench of Magistrates and shall have the powers conferredby the Code of Criminal Procedure, 1973 (2 of 1974) on a Metropolitan Magistrate or, as the casemay be, a Judicial Magistrate of the first class.30. Procedure, etc., in relation to Committee.- (1) The Committee shall meet at such times andshall observe such rules of procedure in regard to the transaction of business at its meetings, asmay be prescribed.(2) A child in need of care and protection may be produced before an individual member for beingplaced in safe custody or otherwise when the Committee is not in session.(3) In the event of any difference of opinion among the members of the Committee at the time ofany interim decision, the opinion of the majority shall prevail but where there is no such majoritythe opinion of the Chairperson shall prevail.(4) Subject to the provisions of sub-section (1), the Committee may act, notwithstanding theabsence of any member of the Committee, and no order made by the Committee shall be invalidby reason only of the absence of any member during any stage of the proceeding.31. Powers of Committee.-(1) The Committee shall have the final authority to dispose of cases forthe care, protection, treatment, development and rehabilitation of the children as well as toprovide for their basic needs and protection of human rights.(2) Where a Committee has been constituted for any area, such Committee shall, notwithstandinganything contained in any other law for the time being in force but save as otherwise expresslyprovided in this Act, have the power to deal exclusively with all proceedings under this Actrelating to children in need of care and protection.32. Production before Committee.-(1) Any child in need of care and protection may be producedbefore the Committee by one of the following persons :-(i) any police officer or special juvenile police unit or a designated police officer;(ii) any public servant;(iii) childline, a registered voluntary organisation or by such other voluntary organisation or anagency as may be recognised by the State Government;(iv) any social worker or a public spirited citizen authorised by the State Government; or(v) by the child himself.(2) The State Government may make rules consistent with this Act to provide for the manner ofmaking the report to the police and to the Committee and the manner of sending and entrustingthe child to children's home pending the inquiry.33. Inquiry.- (1) On receipt of a report under section 32, the Committee or any police officer orspecial juvenile police unit or the designated police officer shall hold an inquiry in the prescribedmanner and the Committee, on its own or on the report from any person or agency as mentionedin sub-section (1) of section 32, may pass an order to send the child to the children's home forspeedy inquiry by a social worker or child welfare officer.(2) The inquiry under this section shall be completed within four months of the receipt of the orderor within such shorter period as may be fixed by the Committee: Provided that the time for thesubmission of the inquiry report may be extended by such period as the Committee may, havingregard to the circumstances and for the reasons recorded in writing, determine.(3) After the completion of the inquiry if the Committee is of the opinion that the said child has nofamily or ostensible support, it may allow the child to remain in the children's home or shelterhome till suitable rehabilitation is found for him or till he attains the age of eighteen years.34. Children's homes.-(1) The State Government may establish and maintain either by itself or inassociation with voluntary organisations, children's homes, in every district or group of districts,as the case may be, for the reception of child in need of care and protection during the pendencyof any inquiry and subsequently for their care, treatment, education, training, development andrehabilitation.(2) The State Government may, by rules made under this Act, provide for the management ofchildren's homes including the standards and the nature of services to be provided by them, andthe circumstances under which, and the manner in which, the certification of a children's home orrecognition to a voluntary organisation may be granted or withdrawn.35. Inspection.- (1) The State Government may appoint inspection committees for the children'shomes (hereinafter referred to as the inspection committees) for the State, a district and city, asthe case may be, for such period and for such purposes as may be prescribed.(2) The inspection committee of a State, district or of a city shall consist of such number ofrepresentatives from the State Government, Local Authority, Committee, voluntary organisationsand such other medical experts and social workers as may be prescribed.36. Social auditing.- The Central Government or State Government may monitor and evaluate thefunctioning of the children's homes at such period and through such persons and institutions asmay be specified by that Government.37. Shelter homes.- (1) The State Government may recognise, reputed and capable voluntaryorganisations and provide them assistance to set up and administer as many shelter homes forjuveniles or children as may be required.(2) The shelter homes referred in sub-section.-(1) shall function as drop-in-centres for the childrenin the need of urgent support who have been brought to such homes through such persons asare referred to in sub-section (1) of section 32.(3) As far as possible, the shelter homes shall have such facilities as may be prescribed by therules.38. Transfer.- (1) If during the inquiry it is found that the child hails from the place outside thejurisdiction of the Committee, the Committee shall order the transfer of the child to the competentauthority having jurisdiction over the place of residence of the child.(2) Such juvenile or the child shall be escorted by the staff of the home in which he is lodgedoriginally.(3) The State Government may make rules to provide for the travelling allowance to be paid to thechild.39. Restoration.- (1) Restoration of and protection to a child shall be the prime objective of anychildren's home or the shelter home.(2) The children's home or a shelter home, as the case may be, shall take such steps as areconsidered necessary for the restoration of and protection to a child deprived of his familyenvironment temporarily or permanently where such child is under the care and protection of achildren's home or a shelter home, as the case may be.(3) The Committee shall have the powers to restore any child in need of care and protection to hisparent, guardian, fit person or fit institution, as the case may be, and give them suitabledirections.Explanation.- For the purposes of this section "restoration of child" means restoration to-(a) parents;(b) adopted parents;(c) foster parents.CHAPTER IVREHABILITATION AND SOCIAL REINTEGRATION40. Process of rehabilitation and social reintegration.- The rehabilitation and social reintegrationof a child shall begin during the stay of the child in a children's home or special home and therehabilitation and social reintegration of children shall be carried out alternatively by (i) adoption,(ii) foster care, (iii) sponsorship, and (iv) sending the child to an after-care organisation.41. Adoption.- (1) The primary responsibility for providing care and protection to children shall bethat of his family.(2) Adoption shall be resorted to for the rehabilitation of such children as are orphaned,abandoned, neglected and abused through institutional and non-institutional methods.(3) In keeping with the provisions of the various guidelines for adoption issued from time to timeby the State Government, the Board shall be empowered to give children in adoption and carryout such investigations as are required or giving children in adoption in accordance with theguidelines issued by the State Government from time to time in this regard.(4) The children's homes or the State Government run institutions for orphans shall be recognisedas an adoption agencies both for scrutiny and placement of such children for adoption inaccordance with the guidelines issued under sub-section (3).(5) No child shall be offered for adoptiona. until two members of the Committee declare the child legally free for placement in the case ofabandoned children,b. till the two months period for reconsideration by the parent is over in the case of surrenderedchildren, andc. without his consent in the case of a child who can understand and express his consent.(6) The Board may allow a child to be given in adoptiond. to a single parent, ande. to parents to adopt a child of same sex irrespective of the number of living biological sons ordaughters.42. Foster care.- (1) The foster care may be used for temporary placement of those infants whoare ultimately to be given for adoption.(2) In foster care, the child may be placed in another family for a short or extended period of time,depending upon the circumstances where the child's own parent usually visit regularly andeventually after the rehabilitation, where the children may return to their own homes.(3) The State Government may make rules for the purposes of carrying out the scheme of fostercare programme of children.43. Sponsorship.-(1) The sponsorship programme may provide supplementary support tofamilies, to children's homes and to special homes to meet medical, nutritional, educational andother needs of the children with a view to improving their quality of life.(2) The State Government may make rules for the purposes of carrying out various schemes ofsponsorship of children, such as individual to individual sponsorship, group sponsorship orcommunity sponsorship.44. After-care organisation.- The State Government may, by rules made under this Act, provide-(a) for the establishment or recognition of after-care organisations and the functions that may beperformed by them under this Act;(b) for a scheme of after-care programme to be followed by such after-care organisations for thepurpose of taking care of juveniles or the children after they leave special homes, children homesand for the purpose of enabling them to lead an honest, industrious and useful life;(c) for the preparation or submission of a report by the probation officer or any other officerappointed by that Government in respect of each juvenile or the child prior to his discharge from aspecial home, children's home, regarding the necessity and nature of after-care of such juvenileor of a child, the period of such after-care, supervision thereof and for the submission of report bythe probation officer or any other officer appointed for the purpose, on the progress of eachjuvenile or the child;(d) for the standards and the nature of services to be maintained by such after care organisations;(e) for such other matters as may be necessary for the purpose of carrying out the scheme ofafter-care programme for the juvenile or the child :Provided that any rule made under this section shall not provide for such juvenile or child to stayin the after-care organisation for more than three years :Provided further that a juvenile or child over seventeen years of age but less than eighteen yearsof age would stay in the after-care organisation till he attains the age of twenty years.45. Linkages and co-ordination.- The State Government may make rules to ensure effectivelinkages between various governmental, non-governmental, corporate and other communityagencies for facilitating the rehabilitation and social reintegration of the child.CHAPTER VMISCELLANEOUS46. Attendance of parent or guardian of juvenile or child.- Any competent authority before which ajuvenile or the child is brought under any of the provisions of this Act, may, whenever it so thinksfit, require any parent or guardian having the actual charge of or control over the juvenile or thechild to be present at any proceeding in respect of the juvenile or the child.47. Dispensing with attendance of juvenile or child.- If, at any stage during the course of aninquiry, a competent authority is satisfied that the attendance of the juvenile or the child is notessential for the purpose of inquiry, the competent authority may dispense with his attendanceand proceed with the inquiry in the absence of the juvenile or the child.48. Committal to approved place of juvenile or child suffering from dangerous diseases and hisfuture disposal.-(1) When a juvenile or the child who has been brought before a competentauthority under this Act, is found to be suffering from a disease requiring prolonged medicaltreatment or physical or mental complaint that will respond to treatment, the competent authoritymay send the juvenile or the child to any place recognised to be an approved place in accordancewith the rules made under this Act for such period as it may think necessary for the requiredtreatment.(2) Where a juvenile or the child is found to be suffering from lepr