The Children's Court

In one line

The Children's Court receiving a transferred case decides for itself whether the child should be tried as an adult, and if he is convicted he goes not to jail but to a place of safety until he is twenty one, when the court reviews whether he has reformed.

In the wording a student can write in an exam: by section 19(3) of the Juvenile Justice (Care and Protection of Children) Act, 2015 the Children's Court shall ensure that the child found to be in conflict with law is sent to a place of safety till he attains the age of twenty one years, and thereafter the person shall be transferred to a jail.

Section 19(1), the second decision

On receipt of the preliminary assessment from the Board, the Children's Court may decide that:

(i) there is a need for trial of the child as an adult under the Code of Criminal Procedure, 1973, and pass appropriate orders after trial, subject to this section and section 21, considering the special needs of the child, the tenets of fair trial and maintaining a child friendly atmosphere; or

(ii) there is no need for trial as an adult, and it may conduct an inquiry as a Board and pass appropriate orders in accordance with section 18.

Read clause (ii) carefully. The Children's Court may put itself in the Board's place and pass the Board's orders. That is why section 8(2) says the Board's powers may also be exercised by the Children's Court when proceedings come before it under section 19.

And read the closing words of clause (i). Even where the child is tried as an adult, the trial must consider his special needs, must observe the tenets of fair trial, and must maintain a child friendly atmosphere. The Act does not permit an ordinary adult trial.

Section 19(2) to (5), what follows a conviction

Sub-section (2), the care plan. The final order shall include an individual care plan for the rehabilitation of the child, including follow up by the probation officer, the District Child Protection Unit or a social worker.

Sub-section (3), where he goes. The child found to be in conflict with law shall be sent to a place of safety till he attains the age of twenty one years, and thereafter the person shall be transferred to a jail. The proviso: reformative services including educational services, skill development, alternative therapy such as counselling, behaviour modification therapy and psychiatric support shall be provided during his stay.

Sub-section (4), the annual check. There shall be a periodic follow up report every year by the probation officer, the District Child Protection Unit or a social worker, to evaluate the progress of the child in the place of safety and to ensure that there is no ill treatment to the child in any form.