LLM Notes: Role of juvenile justice board as per indian law

 The Juvenile Justice Board (JJB) in India is a specialized quasi-judicial body constituted under Section 4 of the Juvenile Justice (Care and Protection of Children) Act, 2015, to deal exclusively with cases involving children in conflict with law. The Board is established by the State Government in each district and consists of one first-class judicial magistrate (Principal Magistrate) and two social workers (at least one woman), with social workers having experience or professional qualifications in child welfare or related fields.

Role and Functions of the Juvenile Justice Board

• The JJB handles cases of juveniles (children in conflict with law) to ensure a child-friendly, reformative, and rehabilitative approach rather than punitive action.

• It conducts inquiries and trials concerning juveniles alleged to have committed offences, including heinous offences where the child is between 16 and 18 years old. The Board performs a preliminary assessment to determine the child's mental and physical capacity to commit such offence and understanding of its consequences.

• The Board exercises powers similar to a magistrate, including summoning witnesses, recording evidence, and passing orders like probation, community service, or placement in rehabilitation institutions.

• The JJB ensures the participation and presence of the child’s parents or guardians at every stage and safeguards the child's rights throughout the legal process, including protection from police lockups or adult jails.

• It directs social investigations through probation officers or social workers to inform rehabilitation and care decisions.

• The Board also monitors child care institutions such as observation homes and special homes, performs regular inspections, and assesses the fitness of caregivers or institutions proposed for juvenile care.

• The JJB has exclusive jurisdiction over juvenile cases in its district, and any order passed by magistrates not constituted as JJB is void.

• Finally, the Board may transfer cases to the Child Protection Committee if the child needs care and protection rather than punishment.

In sum, the Juvenile Justice Board plays a vital role in the administration of juvenile justice in India, focused on fair treatment, protection, care, and rehabilitation of children in conflict with the law as mandated by the Juvenile Justice Act, 2015.

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