Jj Act : Practice Questions and Answers

Section 3(i) of the JJ Act, 2015 establishes the Principle of Presumption of Innocence — any child shall be presumed innocent of any mala fide or criminal intent up to the age of 18 years. This principle applies universally regardless of the nature of the offence (murder, gang rape, etc.) or whether the Board has ordered the child to be tried as an adult. None of the listed situations removes this presumption under the Act.

Section 19(3) of the JJ Act, 2015 provides that the Children's Court shall ensure the child found in conflict with law is sent to a place of safety until they attain 21 years of age, after which the person is transferred to jail. During stay at the place of safety, reformative services including education, skill development, counselling, behaviour modification therapy, and psychiatric support must be provided. Section 19(4) additionally mandates annual follow-up reports by a probation officer or social worker.

Under Section 16 of the JJ Act, 2015: (1) The Chief Judicial Magistrate or Chief Metropolitan Magistrate reviews pendency every three months and can direct more frequent sittings or recommend additional Boards. (2) A High Level Committee headed by the Executive Chairperson of the State Legal Services Authority reviews pendency every six months. (3) The Board furnishes pendency information to the Chief Judicial Magistrate and the District Magistrate on a quarterly basis.

Section 12 of the JJ Act, 2015 governs bail for a child in conflict with law. The three valid grounds to deny bail are: (1) reasonable belief that release will bring the child into association with known criminals, (2) exposure to moral, physical or psychological danger, and (3) release would defeat the ends of justice. Being ordered to be tried as an adult under Section 18(3) is NOT itself a ground for denying bail under Section 12.

Section 2(12) of the JJ Act, 2015 defines 'child' as a person who has not completed 18 years of age. Sections 2(12), 2(13), and 2(35) together clarify that a child or juvenile is anyone under 18, and a child in conflict with law is one who commits an offence before completing 18 years. The Act also introduced categories of petty, serious, and heinous offences — a departure from the earlier 2000 legislation.

Section 2(13) of the Juvenile Justice (Care and Protection of Children) Act, 2015 defines 'child in conflict with law' as 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. Note: The question references Section 2(1) of the 2000 Act, but the operative provision in the current 2015 Act is Section 2(13).