THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 1251 Jarntnu. Fri., the 22nd March, 20 l3!I st Chai., 1935. vo.5 1- 1
Separate paging is given to this part in order that it may be filed as a
sepanle compilation.
PART 111

Laws, Regulations and Rules passed thereunder.

JAMMU A N D KASHMIR LEGISLATIVE ASSEMBLY

SECRETARIAT. JAMMU.
Under Rule 64 of the Rules o f Procedure and Conduct o f Business
in Jammu and Kxshrnir Legistative Assembly, the following Bill
togelher with the Statement of Objects and Reasons, is published in
an extraordinary issue of the Government Gzzette.

By order of the Hon'ble Speaker.

(Sd.)

M. RAMZAN,
Secretary.

The J&K Gott. (hzettt'. 22nJ March. 201 3;lsl Chai.. 1935. [No. 5 1 - 1
-

TtlE J A M M U AND KASHMIR JUVENILE JUSTICE (CARE

AND PROTECTION OF CHILDREN) B I L L , 201 3.

[L. A. Bill No. 7 of 3013.1

A B i l l to consolidate and ainend the law relating to juveniles

i n contlicl will1 taw and children i n need of care and protection, by
providing Kor proper care, protection and treatment by catering to
their development needs, and for [he ridjudicatioia and disposition of
matters in ihe besr interest of children and for their ultiinate
rehabilitation and for ~natters connected therewith or incidental
thereto.

or

Be i t enacted by the State Legislature in the Sixty-fourth Year

the Republic 01 India as follows :---

CHAPTER I
Preliminary

1 . Short iirle, c.onrmm~*~~merir

urld c~ppliwtio~r.
-(I ) This Act
may be called the Jammu and Kashmir Juvenile Justice (Care and
Protection of Chi tdron) Act. 201 3 .
(21 I t shall come into force on such date as the Governmelit
may, by r~r~tification
in rhe Government Gazettt, dppoint.

(3) Notwithstanding anything contained in any other l a w for the

time being in fbrce, the provisions of this Act shall apply to all cases
involving detention, prosecution, penalty or sentence of imprisonment
of juveniles in conflict with law under such other laws.

2. Definirions.--( I ) In this Act, unless the context otherwisr

reqtrires,-

(a) "Act" means the Jammu and Kashmir Juvenile Justice

(Care and Protection or Children) Act. 2013 ;

(b) "advisory board" means the State Advisory Roard or a

District Advisory Board, as the case may be, constituted
under section 60 :

No. 5 1 - 1

'1-hc .l&K Cio\l. G s ~ e t t c .22nd hlarch. 201311~1C'l~ai.,1935.

-- --

.-

-- 3

( c ) "begging" ineans --

(i) soliciting or receiving alms in a public place or

entering into any private premises for the purpose o f
soliciting or receiving alms, whether under any
pretence ;

( i i ) exposing or exhibiting with the object o f obtaining

or extorting alms. any sore, wound. injury, deformity
or disease, whether of himself or o f any other person
or o f an animal :

(d) "Board'' means the

Juvenile Justice Board constituted

under section 4 ;

(e) "child in need of care and protection" Incans a child(i) who is found without any home or settled place or
abode and without any ostensible means of subsistence ;
( i i ) who is found begging, or who is either a street child

or

a working child ;

( i i i ) who

resides with a person (whether a guardian o f the

child or not) and such person-

(a) 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 i s a reasonable l i keIihood of
the child in question being killed, abused or
neglected by thal person ;
(iv) who is mentally or physically challenged or ill child
or children suffering from terminal diseases or incurable
diseases having no one to support or look after ;
(v) who has a parent or guardian and such parent or
guardian is untit or incapacitated to exercise control
over thc child :

'I'ht J&K Govt. Gazelle. 22nd March. 201311st Chai.. 1935. INo. 5 1 - 1

(vi) who does not have parent and no one is willing to

take care of or whose parents have abandoned or
surrendered him or who is missing and run away child
and whose parents cannot be found after reasonable
inquiry ;

(vii) who is being or is likely to be grossly abused, tortured

or exploited for the purpose of sexual abuse or itlegal
acts ;

(viii) who is found vulnerable and is likely to be inducted

into drug abuse or trafficking ;

(ix) who is being or is likely t o b e abused for

unconscionable gains ;
(x) who is victim o f any armed conflict, civil commotion
or natural cala~nity ;

(f) "children's home" means an institution established by the

Governinent or by a voluntary organisation and certified
by the Governmenr under section 35 ;
means a Child Welfare Committee constituted
under section 30 ;

(6) "Committee"

(h) "competent authority" means in relation to children in

need o f care and protection a Committee and in relation
to juvenites in conflict with law a Board ;

(i) "fit institution" means a govern~nerltalor a registered nongovernmental organisation or a voluntary organisation
prepared to own the responsibility o f a child and such
organisation i s found fit by the Government on the
recommendation o f the competent authority :

0)

'Yit person" means a person, being a social worker or any

other person, who is prepared to own the responsibility

No. 5 1- 1 'The JBK Cuvt. Gazette, 22nd March. 2013/ls1 Chai.. 13f.i.
-. .-

of a child and i s found fit by the con~petentauthority

to receive and take care of the child ;
(k) "Government" ~neans the Government o f Jsmtnu and
Kashinir ;

(I) "guardian" in relation to a child. incans his ilatural

guardian or any other pcrson having the actiial charge or
control over the child and recognised by thc competent
authority as 3 guardian in course of proceedings before
that authority ;

(m) 'liuvenile" or "child" means a person ~ l has

~ o not
co~rlpleted eighteenth year of age ;
(n) "juvenile in conflict with law" means a juvenile who is

alleged to have committed an offence and has not

completed eighteenth year of age as on the date o f
commission of such offencc ;
(0)

"psychotropic substance" shall have

the meanings respectively assigned to thc~nin the Narcotic
Drugs and Psychotropic Substances Act. 1985 (Central
Act No. 61 of 1985) ;

cinarc~ticdrug" and

(p) "observation home" ineans a horne established by the

Government or by a voluntary organization and certified
by the Governmei~t under section 9 as all observation
home for the juvenile in conflict with law ;
(q) "offence" means an offence punishable under any law for
the time being in force ;
(r) "place of safety" means any place or institution (not being
a police lock-up or jail), the person incharge of which
i s witling temporarily to receive and take care of the
juvenile and which, in the opinion o f the competent
authority, may be a place of safety for the juvenile ;

Thc J%K Ciov~.Ga~ette.22nd March. 7013!lst Chai.. 1935.

[No.5 1 - 1

(s) "prescribed" means prescribed by rules made under the

Act ;
(t) "probation officer" means an officer appointed by the
Covernmer~t as a Probation Oficer under the Jalnmu
and Kashmir Probation of Offenders Act, 1966 (XXXVII
of 1966) ;

(u) "public place" shalt have the meanirlg insigned to it in

the Immoral Traftic (Prevention) Act. 1956 (Central Act
No. 104 o f 1956) :
(v) "shelter home'' means
under section 3 3 ;

a homt or a drop-in-centre

set up

(w) '.special home" means an institution established by the

Govern~nentor by a voluntary orgar~isatianand certified

by the Cioverninent under section 10 ;

1x1 +'special juvenile police unit" mean5 a unit of the policz

force of the State designated for handling of juveniles or
children undcr sectiun 62 ;
( y ) "Stare" neans the State of Janlrnu and Kasllnlir.

(2) Words and expressions used bitt not defined in the Act and
defined in the Code of Criminal Procedure, Samvat 1989 shall have
the meanings respectively assigned to them i n that Cnde

3. Continuation tyrf' inqurry in respect c,f' juvenile who has

a jiwenile.- Where an inquiry has been initiated againd
a juvenile in conflict with law or a child in need of care and
prottction and during the course of such inquiry the juvenile or the
child ceases to be such, then, notwithstanding anything contained in
the Act or i n any other law for the time being in force, the inquiry
may be continued and orders may be made in respect o f such person

ceased io be

as if such person

had continued to be a juvenile or a child.

NO.5 1 1

The J&K Ciovt. Gazette. 22nd Mxrch. 20 13/ l st Chai.. 1935.

CHAPTER I1
Juvenile in Conflict with Law

4. Jtrvenile Juslice Board.-( I) Notwithstanding anything

contained in the Code o f Criminal Procedure. Sarnvat 1989, the
Government Inn), within a period of one year from the date of
commencement of the Act. by notification in the Government Gazette,
constitute for R district or a group o f districts or each division o f
the State 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 the Act.

(2) A Board shall consist o f a Judicial Magistrate of the First

Class and two social workers, forming a Bench and every such Bench
shall have the powers co~~ferred
by the Code o f Criminal Procedure,
Sa~nvat 1989 on a Judicial Magistrate o f the First Class and the
Magistrate on the Board shall be designated as the Principal
Magistrate.
(3) N o Magistrate shall be appointed as a member o f the Board
unless he has specinl 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 o f the membcrs of the Board and the
manner in which such member may resign shall he such as may be
prescribed.

(5) The appointment o f any memher of the Board may be

terminated after holding inquiry, by the Government, if-

(i) he has been found guilty o f inisuse of power vested under

the 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 o f such
offence ;

The .l&K C i o ~ t .Cjarctle. 22nd Mnrch. 2013llst Chai., 1935. [No. 5 1-1

(iii) hc fails to attend the proceedings of the Board for

consecutive three months without any valid reason or he
three-fourth o f the sittings in a
fails to attend
c,
yew.
?,., / <L-$.<,:*

(6) Frotn the date of cnforcernent o f the Act and till the fom~al
constitution of the Board under this section. the Chief Judicial
Magistrate having jurisdiction in the area shall exercise the powers
and perform the t'unctio~~s
of' the Board and the prohisions of subsection (2) of section 15 of the Act shall remain suspended during
the period.
5. Prooedlrrc, vtc. irr r p I ~ i i olo
~ ?Bc)uY~.-(1) The Board shall

meet at such times and shall, observe such rules of procedure in

regard to 111s trartsictiurr o f business at its meetings, as

may be

prescribed.

(2) A child in cclnflict with law may be produced before an

individual rne~nbcro f the Board, when the Board i s not sitting.

(3) A Board may act notwithstanding the absence of any

member of rhe Rosrd. and no order mado by the Board shall be
invalid by reason only o f the absence o f any member during any
stage of proceeding5 ;
Provided that there shall he at least two members including the
Principal Magistrate przscnt at the rime of final disposal o f the case.

(4) In the event of any difference of opininn arnnng the

members of the Board in the interim or final disposition, the opinion
of the ~najorityshall prevail, but where there is no such majority,
the opinion of the Principal Magistrate. shall prevai I,

6. Powers ofJuve,7ile Jlrsticr Board.-(I ) Where a Board has

been constituted. quch Board shall, notwithstanding anything contained
in any other law for the time being in forcz but sa\le as otherwise
expressiy provided in the Act, have power to deal exclusively with
all proceedings under the Act, relating to juvenile in conflict w ~ t h
law.

No. 5 1 - 1

7'he J&K Govt. Gn~ette.22nd March. 2013ilsl Chai..

10.75.

(2) The powers conferred on the Board by or under the Act

may also be exercised by the High Court and the Court of Session,
Srinagar or Jammu, as the case may be, when the procredings ccsme
before them in appeal. revision or otherwise.
7. Procedure to he ,fullowed hy rr Magi.rtr[~fe
not empun.cred
zindw ~ h cAct. --( I ) When any Magistrate not empowered to exercise
the powers of a Board under the Act is of the opinion that a person
btuught before him under any of the provisions of the Act (other
than for the purpose of giving evidence), is n juvenile or the chi1 I.
he shall without any delay record such opinion and forward tl ,:
juvenile or the child, and the record of the proceeding to the
competent surhority having jurisdiction over the proceeding.

(2) The competent authority to which the proceeding is forwarded

under sub-section ( I ) shall hold the inquiry as if the juvenilc or the
child had originally been brought before it.
8. Procedure lo be followeri u'herl uloim of ju~leniiity is raised
before any crnlm?.+l) Whenever a claim of juvenijity i s raised before
any court or a court is of the opinion that an accused person was
a juvenile on the date o f commission of the offence, the court shall
make an inquiry. take such evidence as may be necessary (but not
an affidavit) so as to determine the age of such person, and shall
record a finding whether the person i s a juvenile or not, stating his
age as nearly as may be :

Provided that a claim of juvenility may be raised before any

court and it shall be recognised at any stage, even after final disposal
of the case, and such clairn shall be determined in terrns of the
provisions contained in the Act and the rules made thereunder. even
if the juvenile has ceased to be so on or before the date of
conimencemcnt of the Act.

(2) If the
commission of
jr~venileto the
i f any, passed

court finds a person to be a juvenile on the date of

the offence under sub-section ( I ) , it shall forward the
Board for passing appropriate order and the sentence,
by a court shall be deemed to have no effect.

10

The J&K Tjo\.t. (.i;irettc. 22nd March. 201311 st Chai.. 1935. [No. 51-1

9. Observation h o m r ~-(. I ) The Government may establish

and maintain either by itself or under an agreement with voluntary
organisations, observation homes in every district or a group o f
districts or each division o f the State far the temporary reception
of any juvenile in conflict with law during the pendency of any
irlquiry regarding them under the Act.

(3) Where the Government i s o f opinion that any institutior~

other than a home established or maintained under sub-5ection (I).
is f i t for the temporary reception of juvenile i n conflict with I a n
during the pendency of any inquiry regarding them under the Act,
it may certify such institution as an observation home for purposes
of the Act.
(3) The Government may, by rules made under the 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 o f a juvenile. and the circunlstances under
which, and the manner in which, the certification o f fin observation :
home mny be granted or withdrawn.

(4) Every juvenile who i s not placed under the charge of parent
o r guardian and is sent to an observation home shall be initially kept
i n a reception unit o f 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.
10. Speciul Homes.+ I ) The Government may estabtish and
maintain either by i t s e l f or under an agreelilent with voluntary
organizations, special homes in every district or a group o f districts
or each division of the State for reception and rehabilitation o f
juvenile in contlict with law under the Act.

(2) Where the Government is o f opinion that any institution

other than a home established or maintained under sub-section (I),
is fit for the reception o f juvenile in conflict with law to be sent

Ni). 5 1 - 1
-

The .I&K Ciot.1. Ciazette. 22nJ March. 101311~1Chai., t 935.

11

thereunder the Act, it may certify such institution as a special home

for the purposes o f ?he Act.

(3) The Government may, by rules made under the Act, provide
for the management o f special hotnes, including the standards and
various types of services to be provided by them which are necessary
for re-socialisation of 3 juvenile, and the circumstances under which
and the manner in which, the certification of a special home may
he granted or withdrawn.
(4) The rules made under sub-section ( 3 ) may also
for
the classification and separation of juvenile in coilflict with law on
the basis of ase and the nature of offences committed ,by them and
his mental and physical status.

I I . Apprehension of juvenile in conJircfwith law+--( 1 ) As soon

as a juvrnile in conflict with law is apprehended by police, he shall
be placed under the charge o f the s p e c i d juvenile police unit or the
designated police officer, whn shall produce the juvenile before the
Board without any loss o f time but within a period of twenty-four
hours of his apprehension excluding the time necessary .for the
journey, from the place where the jt~venilewas apprehended, to the
Board :

Provided that in no case. a juvenile in conflict with law shall

he placed in a police lock-up or lodged in a jail.

( 2 ) The Govern~nentmayr make rules consistent with the Act,(i) to provide for persons through whom (including registered
votuntary arganisntions) any juvenile in conflict with law
may be produced before the Board ;

(ii) to provide the manner in which such juvenile tnay be sent

tu an observation home.
person in whose
12. Conrrol of custou'ian over juvenile.-Any
charge a juvenile is placed in pursuance of the Act shall, while the
order i s in force have the control ovcr the juvenile as he would have
i f he were his parents, and shall be responsible for his maintenance,

12

Thc J&K Govt. Ga~ette,22nd March, 2013!1st Chai.. 193.5. [NI). 5 1-1

and 'he juvenile shall co~itinuein his charge for the period stated
by c mpetent aurhority, notwithsranding that he is claimed by his
pareblls or any other person.

13. Bail of ,juvenile.-(l) When any person accused of a

bailable or non-bailable offence, and apparently a juvenile, is arrested
or ~letainedor apprarr or i s brought beforc a Board, sucli persorl
shal I, notwithstanding anything contained in the Code o f Criminal
Procedure, Samvat 1989 or in an!, other law for the time being irl
force, be released on bail with or without surety or placed under
th ;upcrvision o f a Probation Oflicer or under the care of any fit
in tution or fit person but he shall not be so released if there appear
r ~ ~ s o n a b lgrounds
e
for believing that the reiease is likely to bring
him into association with any known criminal or expose hiin to moral.
physical or psychological 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 the o f i c e r incharge of the police
station, such ot'ficer shall cause him, to be kept only in an observation
home in the prescribed manner until he can be brought before a
Board.

(3) When such person i s not released on bail under sub-section

(I)by the Board it shall, instead of committing h i m to prison, make
an order sending him to an observatiun liume or a place o f safety
for such period during rhe pendency o f the inquiry regarding him
as may be specified in the order.
Infirmarion fn parent, griardian or probation tiflicer.Where a juvenile i s arrested, the officer incharge of the police station
or the special juvenile police unit to which the juvenile is brought
shall, as soon as may be after the arrest. inform14.

(a)

the parent ar guardian o f the juvenile. if he can be found.

of such arrest and direct him to be present a1 the Board
before which the juvenile will appear ; and

(b) the probation officer of such arrest to enable him to obtain

information regarding the antecedents and family

background ofthe juvenile and other material circumstances

likely to be of assistance to the Board for making the
inquiry.

1 5 . Inqrtir~fhj* Bo:~rdr~grtrditrgjuverriie.-( l )Where a juvenile

having been charged with the offence is produced before a Board,
the Board shall hold the inquiry in accordance with tile provisions
of he Act and may make such order in relation to the juvenile as
i t deems fit :

Provided that an inquiry under this section shall b2 coinpleted

within a period of four months from the date of its commencement,
i~nless the period is extended by the Board having regard to the
circumstances of the case and in special cases after recording the
reasons in writing for such extension.

(2) The Chief Judicial Magistrate, Srinagor or Jarnmu, as the

case may be. shall review the pendency of cases of the Board at
every six months, and shall direct the Board to increase the frequency
nf its sittings or inay cause the constitution of additional Boards.
Where
16. Order tkul may he passed regarding jur.enile -(I)
a Board is satisfied on inquiry that a juvenile has committed an
offence, then notwithsra~~ding
a~iqthir~g
to the contrary contained in
any other law for the tiine being in force, the Bosrd may, if it thinks
so fit,-

(a) allow the juveniie to go tio~neafter advice or admonition

following appropriate inquiry against and counselling to
the parent or the guardian and the juvenile ;

(b) direct rhe juvenile lo parlicipate in group counselling and

similar activities ;
(c) order the juvenile to perform community service ;

(d) order the parent o f the juvenile or the juvenile himself

to pay a fine, if he i s aver fourteen years o f age and earns
money ;

(e)

direct the juvenile to be released on probation o f good

conduct and placed under the care of any parent, guardian
or other fit person, on such parent. guardian or other fit
person executing a bond, with or without surety, as the
Board may require. for the good behaviour and well-being
of the juvenile for any period not exceeding three years :

(f) direct [tie juveniie to be released an probation of good

conduct and placed under thc care of any fit institution
for lhe good behaviour and well-being of the juvenile for
a n y period nut exceeding three years ;

(g) mahr an order directing the juvenile to be sent to a special

home for a period of three years :

Provided that the Board ma}, if it i s satisfied that having
regard to !lie nature of the offence and the circumstances
of the case. it i s expedient so to do, for reasons to be
recorded, reduce the period of stay ro such period as it

thinks fit.
(2) The Board slrall obtain the social investigation report on
juvenile tither through a probation officer or a recognised voluntary
organizatio~i or otherwise, and shall take illto consideration the
findings of such report before passing an order.

(3) Where an order under clause (d), clause (e) or clause (fl
of sub-section ( I ) is made, the Board may, if it is o f opinion that
in the interests of the juvenile and o f the public, it is expedient so
to do, in addition make an order that the juvenile in conflict with
law shall remain under the supervision of a probation off~cernamed
in the order during such period. not exceeding three years as may
be specitled therein, and may in such supervision order impose such
corlditions as it deems necessary far the due supervision of the
juvenile in conflict with law :
Provided that i f at any time afterwards i t appears to the Board
on receiving a report from the probation officer or otherwise. that
the juvenile in conflict with law has not been of good behaviour
during the period of s~rpervisionor that the fit institution under whose

Vo. 51-1

The I&K Govt. Gazette. 22nd March. 201311st C,hai.. 1935.

11

care the juvenile was placed is no longer able or willing to ensure

the good beliaviour and well-being of the juvenile or the juvenile
lias cornrnittcd an offence for the second t i ~ n cit may. after making
such inquiry as it deems fit. order the juvenile in conflict with law
to be sent to a special home.

(3) The Board shall while n~akitiga supervision order under

sub-section (j), expiain to the juvenile and the parent, guardian or
other f i t person or f i t institution. as the case may be, under whose
care the juvenile has been placed, the terms and conditions of the
order shall forthwith furnish one copy o f the supervisjon order to
the juvenile, the parent, guardian or other fit person or fit institution,
as the case may be. the sureties, if any, and the probation ol'ficer.
1 7. Order that may not h~ pushed uLIenin.sr jlrvmile. -4 I )
Notwithstanding anything to the contrary contained in any ofher law
for the time being in force, no juvenile in conflict with taw sl~all
be sentenced to death or imprisonment for any rcrm w h i c t ~uiay extcnd
to imprisonment for life or committed to prison in default of payment
of fine or in default of furnishing security :
,

Provided that where a jovenile who has attained the age o f

sixteen years has committed an offence and the Board is satisfied
that the offence committed is of so serious in nature or that his
conduct and behaviour have been such that it would not he in his
interest or in the interest of other juvenile in a special home to send
him to such special home and that none of the other measures
provided under the Act is suitable or sufficient, the Board may order
the juvenile in conflict with law to be kept in such place of safety
and in such manner as it thinks fit and shall report the case for the
order of the Government.
(2) On receipt of a report from a Board under sub-section ( I ) ,
the Government may make such arrangement in respect of the
juvenile as it deems proper and may order such juvenile to be kept
under protective custody at such place arid on such conditions as
it rhinks fit :

Provided that the period of detention so ordered shall not exceed

in any case the maximum period provided under section I 6 uf the
Act.

lh
+
.

'I'he J&K Eiovt. Gaxette. 22nd March. 2013ilst C'hai.. Ic)3.5.

.

[Nu. 51-1

18. Proceedings irnder C'hupter V111 of tlit, C'otl~>of C'riminul

Procedure not cumpetenr g gain st juvc~nilt..-Notn i t hstarlding anything
to the contrarj cnntaitied in the Code of Criminal Procedure, Samvat
1989, no procerdi~lgshall be instituted and no order shall be passed
against the juveliile under Chapter V l l l o f the said Code.

19. No joinf proccding c?J:jrrvenilco , ~ ~ i p e r s onot

n a juvenile. ( 1 ) Notwithstanding anything contained in section 239 o f the Code
o f Criminal Procedure, Samvat 1989 or in any other law for the time
being i r ~force, no juvenile shall be charged with or tried for any
offence together with a person who i s not a juvenile.

(2) If a juvenile is accused of an offence for which under

section 239 of the Code o f Critninal Procedure, Samvat 1980 or any
other law for the timc being i n force, such juvenile and any person
who is not a juvenile would. but for the prohibition contained in
sub-section (I), have been charged and tried together, the Board
taking cognizance of that offence shall direct scparate trials of the
juvenile and the other person.
20. Rentoinal of disqual~fifiouiir~t~
urruching 10 conviction.(1 ) Notwithstanding anything contained in any other 1nw. a juvenile
who has committed an offence and has been dealt wilh under the
provisions of the Act shall not suffer disqualification. i f any.
attaching to a conviction of an offknce under such law.
( 2 ) The Board shall make an order directing that the relevant
records of such conviction shall be removed after the expiry o f the
period o f appeal or a reasonable period as prescribed under the rules,
as the case may be.

2 1 . Speriirl provision in respect id' pending cases.Notwithstanding any thiag contained i n the Act, at1 proceedings in
respect of a juvenile pending in any court i n any area on the date
on which the Act comes into force in that area, shall be continued
in that court as if the Act had not becn passed and i f the court finds
that the juvenile has committed an offence, i t shall record such
finding attd instead o f passing an!. sentence in respect o f the juvenile,
forward the juvenile to the Board which shall pass orders in respect

No. 5 1 - 1

l'he J6rK (Gnrt. Cin/cltc. 22nd March. 2013llst Chai.. 1935.

-

.
. .

- -

- - -.-.
-

17

of that juvenile in accordance with the provisions of the Act as if

i t had bren satistied on inquiry under the Act that a juvenile has

colnlnitted thc oflknce :

Prijcided tliut thc t3a:lrd may, for any adequate and special
reason to be mentioned i n the order, review the case and pass
appropriate order in the interest of such juvenile.

Explanation :-In

all pending cases including trial. rrvision. appeal

in respect o f a
juvcnilc in conflict with law. i n any court. the
determination of juveni tity of'F U C ~a juvenile shall
be i n terms o f clause ( n ) of' section 2, even if the
juvenile ceases to be so on or before the date o f
comrnencernent o f the Act and the provisions of the
Act shall apply as i f the said provisions had been
in force, for all purposes and at all material times
when the alleged offence was committed.

or any other criminal proceedings

22. Pr-o fiihirior~ r!/' ]?lrhlic.ution of name, elc., of juvenile in

o)nfliur w'i~lrIr/w or ~'l~ilrll
in need of care and proltrctimn involved
in any proceeding ~rnderthe Act.-- ( I ) N o report in any newspaper,
magazine, newssheet or visual media of any inquiry regarding a
juvenile in conflict with law or a child in need of care and protection
under the Act shall disclose the name, address or school or any
other pariiculars calculated to lead to the identification o f the juvenile
or child nor shall any picturc of any such juvenile or dhild be
published :
Provided that for rcasons to be recorded i n writing, the authority
holding the inquiry may permit such disclosure, if i n its opinion such
disclosure is in the interest of the juvenile or the child.

(2) A n y person who contravenes the provisions o f sub-section

( I ) shall be liable to a penalty which may exte~idto twenty-five
thousand rupees.
a

23. Provision in respect nf e~ccrpt~rl~uvenile.

-Notwithstanding
anything to the contrary contained in any other law for the time being
in force, any police officer may take charge without warrant of a

18

The JLK Govt. Gazette. 22nd March. 2013/lst Chai.. 1935. P o . 51-1

juvenile in conflict with law who has escaped from a special home
or an observation home or from the care o f a person under whom
he was placed under the Act, and shatl be sent back to the special
home or the observation home or that person, as the case may be.
and no proceeding shall be instituted in respect of the juvenile by
reason of such escape, but the special home, or the observation home
or the person may, after giving the information to the Board which
passed the order in respect of the juvenile, take such steps in respect
of the juvenile as may be deemed necessary under the provisions
o f the Act.
24. Punishmenl for cruelty to juvenile or child.-Whoever.
having the actual charge of, or control over, a juvenile or the child.
assaults, abandons, exposes or wilfully neglects the juvenile or causes
or procures him to be assaulted, abandoned, exposed or neglected
in a manner likely to cause such juvenile or the child unnecessary
menial or physical suffering shall be punishable with imprisonment
for a term which may extend to one year, or fine. or with both.

2 5 . Employment ofjuvenile or child for begging.- ( 1 ) Whoever

employs or uses any juvenile or the child *for the purpose or causes
any juvenile t o beg shall be punishable with imprisonment for a term
whioh may extend to three years and shall also be liable to fine.

(7)Whoever, having the actual charge of. or control over. a

juvenile or the child abets the commission of the offence punishable
under sub-section ( I ) , shall be punishable with imprisonment for a
term which may extend to one year and shall also be liable t o fine.
26. Penalty for giving i~rtoxicutingliquor or narcotic drug or
psychotropic sabstance lo juvenile or child.-Whoever gives. or
causes to be given, to any juvenile or the child any intoxicating liquor
in a public place or any narcotic drug or psychotropic substance
except upon the order of duly qualified medical practitioner or in
case o f sickness shall be punishable with imprisonment for a term
which may extend to three years and shall be liable to fine.

27. Exploitation of juvenile or child employee.- Whoever

ostensibly procures a juvenile or the child for the purpose o f any
hazardous employment keeps him in bondage and withholds his

No. 51-1

The J&K Govt. Gwette. 22nd March. 2013/lst Chai.. 1935.

19

earnings or uses such earning for his own purposes shall be

punishable with imprisonment for a term which may extend to three
years and shall be liable to fine.

28. Special ofSences.--The offences punishable under sections

24, 25, 26 and 27 shall be cognizable.
29. Alternative purrishmetft. -Where
an act or omission
constitutes an offence punishable under the Act and also under any
other law for the time being in force in the State, then, notwithstanding
anything contained in any law for the time being in force, the offender
found guilty o f such offences shall he liable to punishment only under
such Act as provides for punishment which is greater in degree.
CHAPTER I11

Child in Need of Care and Prorection

30. Child Welfare Cornmifree.--( I ) The Government may,

within a period of one year from the date of commencement of the
Act, by notification in the Government Gazette, constitute for every
district or a group o f districts or each division of the State, one or
more Child Welfare Committees for exercising the powers and
discharge the duties conferred on such Committees in relation to child
in need of care and protection under the Act.
(2) The Committee shall consist of a Chairperson and four other
fit to appoint, of whom at
least one shall be a woman and another, an expert on matters
concerning children.

members as the Government may think

(3) The qualifications of the Chairperson and the members, and

the tenure for which they may be appointed shall lie such as may
be prescribed.

(4) The appointment of any member o f the Committee may be

terminated, after holding inquiry, by the Government, if-

(i) he has been found guilty of misuse of power vested under

the Act ;

20

The J&K Govl. Eiarelte, 22nd March. 201 311st Chi., 1935. [No. 51- 1

(ii) he has been convicted of an offence involving moral

turpitude. and such convic~ion has not been reversed or
he has not been granted full pardon in respect of such
offeuce ;
(iii) hr fails to attend the proceedings of the Cotnrnittee for
consrcutite three months without any valid reason or he
of the sittings in a
fails to altcnd -three-fourth

year.

fl

E;,&r

(5) The Committee shall function as a Bench of Magistrates and

shall have the powers conferred by the Code of Criminal Procedure,
Sainvat 19E9 on a Judicial Magistrate of the First Class.
3 t . Procedure, etc., irr rt)luliun lo I'r>rnn~i/lee.-( I ) The
Committee shall meet at such times and shall observe such rules of
procedure in regard to the transactio~l of business at its meetings,
as may be prescribed.

(2) A child in necd of care and protection inay be produced

before an individual member for beit~g placed in safe custody or
otherwise when the Committee is nnt in session.
&

( 3 ) In the event of an! difference of opinion among the

members of the Committee at the time of any interim decision, the
opinion of the majority shall prevail but where there i s no such
majority the opinion o f the Chairperson shall prevail.
(4) Subject to the provisions of sub-section ( I ). the Committee
may act, clotwithstanding the absence of any member ofthe Committee,
and no order made by the Committee shall be invalid by reason only

of the abscnce of any member during any stage of the proceeding.

3 2 . Powers r . f hmwrirtee.-,,(I) The Committee shall have the
final authority to dispose of cases for the care, protection, treatment,
development and rehabilitation of the children as welt as to provide
for their basic needs and protection of human rights.

No.

5 1-1

T h e J&K Guvt. (jazclte. 21nJ klarcli. 2U 1311st Cnai.. 1935.

.

21

---

( 2 ) Where a Committee has been constituted for any area, such

Committee shall. nntwithstanding anything contained in an} other law
for the time baing in force but savc as otherwise expressly provided
in the Act, have the power to deal exclusively with all proceedings
under the Act d a t i n g to children in need of care and prutcction.

3 3 . Pruduoiion hHhrc Connrittci>.aI1 Any child i n need irf

care and pru~cctionmay be produced hefnre the Com~nitteehy one
o f the fbllowing persons :(i) any police officer or special juvenile police unit or a
d?signated police ofticer :
(ii) any public servant ;

(iii) a registered voluntary organisation or by such other

holuntary orgar~isa~ion
or an agency as inny he recognised
by the Governrnet~t :
(iv) any

social worker or a public spirited c i t i t e ~; or

(\I) by tho child himself :

Ptovided that the child shall he produced before the

Con~~hitlee
without any loss o f tirnc b u t withih a period
of twenty-four hours ekcluding the tir~tcncccssar) for the
journey.

(2) The Government m a y make rules consistent with the .4cr

to provide for the manner of making the report to the Cornmittee
rind the manner ot'sending and crltrusting thc child to childretl's home
pending the inquiry.
3 4 . Inqrrivj --(I 1 On receipt of a report under section 33. the
Comnlittec shall hold an inquiry in the prescribed manner and the
Coinsnittee, on its own us- on thc report from a n y person cr agdncy
as mentioned in sub-section ( 1 ) of section 3.1, may p a s an order
to send the child lo the children's home for speedy ilrquiry by a
social worker or child welfare officer.

22

Thc J k K

{;ovt.

C;azcttc,

2211dMarch. 24113/l sl Chai., 1935. [No. 5 1-1

(2) The inquiry under this section shall be completed within

o f the receipt o f the urder or within such shorter period
as may be fixed by the Committee :

four months

Provided that the time for the submission o f the inquiry report
may be extended by such period as the Committee may, having regard
to the circu~nstances and for the reasons recorded in writing.
determine.

(3) The Government shaH review the pendency of cases of the

and shalt direct the Committee to
increase the frequency o f its sittings or may cause the cui~stitution
Committee at every six months,

o f additional Committees.

(4) Atler the completion of the inquiry. if the Comrnitlee is of

the opinion that the said child has no family or ostensible suppod
or i s in continued need uT care and protection, it may allow the child
to remain in the children's home or shelter l ~ o ~ nrill
e suitable
rehabilitation is Found for him or till he attains the age of eighteen
years.

35. Children's homes.-4 1) The Govtrnmenl may establish and

by itself or in association with voluntary organisations,
children's homes, in every district or group o f districts or each
division o f the State, as the case may be. for the reception of child
in need u f care and protection during the pendency of any inquiry
and subsequently for their care, treatment, education, training,
maintain either

development and rehabilitation.

(21 The Government ma), by rules made under fhe Act, provide
for the rnanagtrnent of childten's homes including the standards and
the nature of services to be provided by them, and ;he circumstances
under which, and thc manner in whlch, the certification o f a
children's home or recognition to a voluntary organisation may be
granted or withdrawn.
( 3 ) Without prejudice to anything contained in any uther law
for the time being in force, all institutions, whether Government run
or those run by voluriiary organisatians for children in need of care
and protection shall. within a period of six months from the date

No. 51-1

Thc J&K

Gnvt. Gnzctte.

22nd March. 2n)311sl Chai.. 1935.

2?

of commencement of the Act, be registered under the Act in such

manner as rnay be prescribed.

36. 1nspec1ion.-( 1 ) The Government may appoint lnspection

Committees for the children's homes (hereinafter referred to as the
Inspection Committees) for the State or a Division or a District. as
the case may be, for such period and for such purposes as may be

prescribed.
(2) The Inspection Committee of the Stale or a Uistricr shall
consist o f such number of representatives from the Government,
Committee, voluntary organisations and such other medical experts
and social workers as rnay be prescribed.

37. Social auditing.-The Government [nay monitor and evaluate

the functioning of the children's homes at such period and through
such persons and institutions as may be specified by the Government.
38. Shelter homes.-( I ) The Government may recognise, reputed
and capable voluntary organisations and provide them assistance to
set up and administer as many shelter hoines for juveniles or children
as rnay be required.

(2) The shelter homes referred in sub-section ( I ) shall function

as drop-in-centres for the children in the need of urgent support who
have been brought to such homes through such persons as are referred
to in sub-section ( I ) of section 33.

(3) As far as possible, the shelter homes shal! have such

facilities as may be prescribed by the rules.
39. Transfer.--(I) If during the inquirj- it is found that the
child hails from the place outside the jurisdiction o f the Committee.
the Committee shall order the transfer of the child to the co~npetent
authority having jurisdiction over the place o f residence o f the child.
(2) Such juvenile or the child shall be escmled by the staff o f
the home in which he is lodged originally.

(3) The Government may make rules to provide for the travelling
allowance to be paid to the child.

40. H~'storurion.-(I 1 Restoration of and protectic11~tu a child

shall be t h s prime objective of any children's home or the sheitzr
home.
( 2 ) 'rile children's home or a shelter home, as the case may
bc. shall takc such steps as are considered necessary far the
restoration of and protection to a child d e p r i v ~ d of his family
environment temporarily or pcl-~na~
~ently whrre such chi id is under
the care and prcrtection of a children's hornr or a shelter home, 3s
the case inay be.
(3) The Comrnitrce shall have the powers to resloru any child
in need o f care and protection to his parent, guardian. fit person or
fit institution, as the case may be, arid give them suitable directions.

Explanntion :--For the purposes o f this section ''rrstoration of and

pmtedion of a child" Incans restul-ation to-

(a) parents ;
(b) guardian

( c ) fit person ;
(d) f i t institution

CHAPTER IV

Rehabilitation and Social Reintegration

4 1 . P r o c e , ~ef~ rehjhilitation and s~cridr<inrsgration.-The
rchabilitatiurr and social reintegration of a child shall begin during
the stay O F the child in a children's home or special home and the
rehabilitation and social reintegratiun of children shall be carried out,
ahemativel y by sponsorship and sending the child to an after-care

organisation.
) The sl>onsorsliip programme may ~ r o v i d e
32. Spor~snrsh~~.-(I
supplernenlary support to fi~milies. to children's homes and to special
homes to meet medical, nutritional, educational and other needs of
t h r cf~ildren with a view to improving their quality of life.

No. 51-1

Thc Jkk C~ovt.Cia7.ettc. 22r1d March. 1013.:'ls1C'hai., 1935.

- . . - - --

-.

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15
--

( 2 ) The Goveri~ment may make rules for the purposes of

ing out various schemes o f sponsorship of children. such as
individual to individunl spcr~sorship.gl,oup sponsorship o r cornmunir>
sponsorship.
carr)

43. .!#to--curt. ur,qcrni.sutimn.-The

made under the Act. provide-

Governnient may, bq r u l ~ s

(a) I b r t h e establishment o r recognition of after-care

organi~ationsand the functions that inay be performed by
them under the Act ;
(b) for a scheme of after-care programme to be followed by
such after-care organisations for the purpose o f takit~g
care of juveniles or the children after they leave special
homes, children's homes and for the purpose of' enablir~g
them to lead an honest, induslrious and useful life ;

(c) for the preparation or submission of a report by the

probation officer or an>- other oftlcer appointed by ~ h t .
Go~ernment in respect of each juvenile or the cliilcl
prior to his discharge frotn a special home. children's
home, regarding the necessity and nature of after-care of
such juvenile or of a child, the period o f such after-carc,
supervision thereof and for the submission of repott
by the probation officer or any other officer appointed
for the purpose, on the progress of each juvenile nr the
child :

(d) for the standards and the nat~lre o f services to be

maintained by such after-care organisations ;
(e) for such other matters as may be necessary for the purpose
o f carrying out the scheme of after-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 stay in the aftercare organisation for more than three years :
Provided further that a juvenile or child over seventeen
years of age but less than eighteen years o f age would

slay in the after-care organisation till he attains the age

of t h r n t y years.
~ d
Government may make
44. Linkrlgcs u ~ cm-or;iit~urio~~.-The
rules to cnsurr effecti\r linkages between various governmental, nongovernmental, corporate and other cornmun ity agencies for facilitating
the rehabilitation and social ~einicgratior)of the child.

CHAPTER V
Miscellaneous
45. Attendance r!f' parcnr or glaclrdian of jrtvenile or child.-,Any competent authority before hhich a juvenile or the child is
brought under any o f the prnui\iul~so f the Act. may. whenever it
so thinks fit. require any parent or guardian having the actual charge
of or control o v r r thc juveniie or the child to be present at any
proceeding in respect of the juvenile ot' the child.
46. n i . ~ p ~ n . r i n
with
g artotJutr~-cof ~ w c t ~ io lr -echr1ii.-l f, at any
stagc during the course o f an inquiry, a competent authority is
satisfied that the attendance of the juvenile or thc child is no1

essenrial for t h r purpose of inquiry, the cotnpetent authority may

dispense with his attendance and proceed with the inquiry in the
absence of the j ~ l v ~ n i lor
r the child.
47, Com~rrtlullo upp~.ovcdplace ofjzivcnile or child sivflering
ufi-o~
dongeruus
~~
diseuse,y oalzrf his fir1rr.e diyosal. -(I ) When a
juvenile or the child who has been brought before a competent
authority under [he Act. is found to he suffering from a discasc
requiring prolonged medical treatment ot physical or mental complaint
that will respond to treatment, the competent authority may send the
juvenile or [he child to any place recognised to be an approved place
in accordance with the rules made uniler the Act for such period
as it may think necessary for the required treatment.

( 2 ) Where a juveniie or the child is found to be suffering from

leprosy, sexually transn~itted disease, Hepatiris t3, open cases of

No. 51-1

-1 hc .l&K Ciolt. (iarcttc. 22nd March, 2013/lst Chai.: 1935.

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.,- , ...

>.

27

.. ..
------

Tuberculosis and such other discases or i s of unsouild mind, he shall

be dealt with separately through various specialised referral services
or under the relevant laws as such.
48. Presumption and dererminarion of age.-(I)
Where it
appears to a competent authority that person brought before i t under
any o f the provisions of the Act (otherwise than for the purpose of
giving evidence) is a juvenile or the child, the competent authority
shalt rnakz due inquiry so as to the age o f that person and for that
purpose shall take such evidence as may be necessary (but not an
affidavit) and shall record a tinding whether the person i s a juvenile
or the child or not, stating his age as nearly as may be.

(2) N o order of a competent authority shall be deemed to have

become invalid tnerely by any subsequent proof that the person in
respect o f whom the order has been made is not a juvenile or the
child, and the age recorded by the competent authority to be the age
o f person so brought before it, shall for the purpose of the Act, be
deemed to be the true age of that person.

49. Sending u juvetrilc or child outside jurisdiction.-In the

case of a juvenile or the child. whose ordinary place o f residence
lies outside the jurisdiction o f the competent authority before which
he is brought, the competent authority may. if satisfied after due
inquiry that it i s expedient so 10 do. send the juvenile or the child
back to a relative or other person who is tit and willing to receive
him at his ordinary place o f residelice and exercise proper care and
control over him, notwithstandi~lgthat s ~ c l iplace o f residence is
outside the jurisdiction o f the competent authority ; and the competent
authority exercising jurisdiction over the place lo w hirh the juvenile
or the child is sent shall in respect o f any matter arising subsequently
have the same powers in relation to the ju\enile OF the child as i f
the original order had been passed by itself.
50. Reporrr 10 he treated as cor<illt.rr~ial.---Thereport o f the
probation officer or social worker considered bj' the competent
authority shall be treated as confidential :
Provided that the competent authority may, i f it so thinks fit,
communicate the substance thereof to the juvenile or the child or

?Y
-

I'hc .I&[<C i r n l . Cia/eitt..

-.-

22nd Rlarch. 20 131lsl rhai.. 1935. [No. 5 1 - 1

--

--

--

his parent or guardian and may give such juvenilc o r the child, parent
or guardian an n p p o r t ~ ~ n i tnf
y producing such rvidcncc as nlaj trr:

rclevant to the matter statrld in the report.

5 1 . Appeals. 4I ) Subject t o tht: provisions of t h i l section, ally
person aggrieved by a n order made by a competent authority under
the Act In?, within thirty days From the date of such order, prefer
an appeal to the Court of Sessions :

Provided that thy Court of Session mag c n t e r ~ ~ the

i n appeal afrcr
the expiry of'the said perind of thirty Jays if it i s satisfied that the
appellant w . 7 ~prev:anted b! sufficient cuusc frvrn fili~igIhr appeal
i n time.

(2) KO appeal shall l i e from--(a) any order of acquittal made by the Roard in respect of
a juvenile alleged to havc commiticd an offence ; or
(b) any order made by a Committee in re5pect ~f a finding
that a person is not a neglected juvenile.

(3) No second appeal shall lie frotn any order of the Court of
Session passed in appeal undcr this srction.
5 2 . Revision.--The High Court may. at any time, tither o f its
own rnotiorl or on an application received in this behalf, call for the
record of any proceeding in which an> competent authority or Co~lrt
of Scssior~has passed an order ibr the purpose of satisfying itself
as to the legality or proprizt} of any such order and may pass such
order in relation thereto as it thinks fit :

Provided that the High Court shall not pass an order under this
section prejudicial to any person without giving him a reasonable
opportunity of being heard.

53. Procedure in inqsiries, uppenls und revision proceedingLs.( I ) Save as otherwise expresslj provided by the Act, a competent
authurily while holding any inquiry under any of the provisions of
the Act, slial l follow such procedure as may be prescribed and subject

NI;. 5 1- 1

The J&K Ciovt. C;a/.ettc. 22nd March. 201 Bllst Chai.. 1 W 5 .

.-

29

ttiereto. shall tollow, as jar as may be, he procedure laid down i n

thc Code of Crirninal l'roczdure, S u z ~ ~ v a1939
t
fur trial5 iri sunlnlarls

cases.
( 2 ) Save as

othcrwisc

expressly provided by o r under the Act,

t l ~ cprocedure to be fi>llowed in hearing appeals or rrlvisiun procreditigs

under the .Act shall bc. as far as practicable, in accordance with the
p r o v i s i u ~ ~of
s thc Codc of' Criminal Procedure. Sa~nvat 1959.

54. PIIII'CI"
to uttltv,-d (~rdet-s
-( I ) W ithuut prejudice tu tlie
provisions for sppml and revision undcr tb.c Act. any competent
ault~oritymay, on an application ~ v c e i v t din this behalf. amcnd ariy
order as to the institution to which a j u v e n i l e or the child i s to bc
sent or as to the person under whose care ot supervision a juvenile
or the child is to he placed under the Act :
Proi:idcd that there shall be at least two members and the parties
or its defence present during the course of hearing for pashing an
amendmrnt in relation to an! 01' its order.

(2) C'\ericnl m i ~ t a k c sin orders palsed by a c o i ~ ~ p c r e nauthority

t
or errors arising thercin from any accidental slip or omission may,
at any lime, he corrected by the compctenl aurhority either on ils
own motion or V I ~an application rcceived in this behalf.
5 5 . Power of competent aurhori!~)ro clischrlrge und rrunsjkr
1ttvr1111ror child.-The
corn peten! aut horjty may, not withstanding
anything contained in the Act, at any time, order a child in need
of care and protection or s juvenilc irr corrflict with law to be
discharged o r transferred from one children's home: or special home
to arrothzr, as the case may be, keeping i n view the best ~nterest

of the child or the juvenile, and his natural place of stay, either
such conditions as it may think tit to itnpose :

ahst~lutelyo r on

Provided that the total period of' stay of the juvenile or the ctiild
in a children's home o r a special home or a fit institution or under
a tit person shall not be increased by such transfer.
56. Tran.xfir. of,juveniie or child us urc! mentally ill or t~ddicrcd
to alcohol or drug.^.-(I) Whrre it appears t u the cornpctcnt authority

30

The J&K
---

Govt. tia/.cttt., 3?nd Maxh, 701 311 n Ctrai., 1935.

7-

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\No.5 1-1
-

that any juvenile or child kept in a spccial h o t ~ ~orr an observation

home or a children's home or a shelter home or i n an institution
in pursuance of the Act, is a nientall) i l l person O F addicted to alcohol
or other drugs which lead to behavioral changes in a person, the
cotnpzterlt authority may ordcr h i s I-zmovat to a psychiatric hospital
or psychiatric rlursing home in accordance with the provisions of the
Mental Health Act, 1087 (Centrat Act No. \ 4 o f 1987) or the rules
made thereunder.

(2) In case the juvznile or child had been removed to a

psychiatric hospital or psychialric nursing home under sub-section (1):
the competent authority may, on the basis of the advice given in
the certif-~catcof discharge of the psychiatric hospital or psychiatric
nursirlg home, order to remove such juvenile or child to an Integrated
Rehabilitation Crrltrz for Addicts or similar centres maintained by
the State Gavernn~entfor rnental[y ill persons (including the persons
addicted to any narcotic drug or psychotropic substance) and wch
removal shall be only for the period required for the in-patient
treatrnetlt of such juvenile or child.
Explunuriun :-For

thz purposes of this su b-section,-

(a) "Integrated Rehabilitation Centre for Addicts'' shalt have

the meaning assigned to it under the scheme callcd
"Central Sector Scheme o f Assistance for Pre-vention of
Pllcoholism and Substance (Drugs) Abuse and for Socia!
Defence Services" made by the Government of India in
the Ministry of Social Justice and Empowerment or any
other corresponding scheme for the time being in force;

(b) "mentally ill person" shall have the meaning assigned

it in clause (I) of section 2 o f thc Mental
Act, 1987 :

to

Health

(c) L L p ~ y ~ h i ahospital"
tri~
or "psychiatric nursing home" shall
have the mennine assigned to it in claust: (q) of section
2 of the Mental Health Act, 1987.
57. Release and ubsence oj'juvtmiie or child o n p l a c ~ m e n / . { I ) When a juvenile or the child is kept i s a children's home or

No. 51 - 1

The I&K Govt. Gazette, 22nd March. IC)13/1st Chai.. 1935.

31

special home and on a report of a probation ol7icer or social worker

or of Government or a voluntary organisation, as the case may be,
the competent authority may consider, the release of such juvenile
or the child permitting him to live with I ~ i sparent or guardian or
under the supervision o f any authorised person named in the order.
willing to reccivc find take charge of the juvenile or the child to
educate and train hirn for soine useful trade or calling or to look
after him for rehabilitation(2) The competent authority may also permit leave of absence
to any juvenile or the child, to allow him, on special occasions like
examination, marriage of relatives, death of kith and kin or the
accident or serious illness o f parent or any emergency o f like nature,
to go on leave under supervision, for a period generally not exceeding
seven days, excluding the time taker1 in journey.

(3) Where permission has been revoked or forfeited and the

juvenile or the child refuses or fails to return to the hoine concerned
or juvenile to which he was directed so to return, the Board may,
if necessary, cause him t o be taken charge o f and to be takun back
t o the concerned home.

(4) The time during which a juvenile or the child is absent from
a concerned home in pursuance of such permission granted under
this section shall be deemed to be part of the time foe which he
i s liable t o be kept in the special home :
Provided that when a juvenile has failed to return to the special
home on the permission being revoked or forfeited, the time which
lapses after his failure so to return shall be excluded in computing
the t i m e during which he is liable to be kept in the institution.
58. Cunrribution by parents.+ I ) The competent authority
which makes an order for sending a juvenile or the child t o a
children's home or to a special home or placing t h e juvenile under
the care of a fit person or fit institution may make an order requiring
the parent or other person liable to maintain the juvenile or the child
to contribute to his maintenance, if able to d o so, in the prescribed
manner according to income.

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T hc J&K C i n b ~ .C1.17t.lle. 2?nJ Ivlarch. 201 31 Is\ Chai.. 1935

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\No. 5 1 - I

(2) The competent authorily may direct, if necessary, the

paylncnt to be made tn pnnr pnrent or gunrdian by tlie Superintendent
or the Project Manager of the home to pay such rxgrnsrs for the
journey a f the inmate or ~ i a r c n tor guardian or botti. f r o ~ r ithe home
to his ordinary place o f residence at thc time of sending the juvenile

as may be prescribed.
59. FrmJ -( 1 ) The Governlnent may crenfe a Fi~tidunder such
name as it thinks fit for the welfare and rehabilitation of thz juvenile
or the child dealr with under the Act.

(2) 'Fhere shall be credited to the Fund such voluntary donations,

contriba~tio~ls
o r subscriptions as may be made by any individuat or
organ isation.
( 3 ) The Fund created under sub-section ( I ) shall be administered
bq the advisory board i n such nlaTincr and for such purposes as may
be prescribed.

60. Advisorjh Board.-.-( I ) The Government Ins! constitute an

Advisory Board to advise !he Gvvernlnent on matters rrl;lting ta the
e~tablishrnentand maintenance of the homes, ~nobilisationofresources,
provision of facilities for educ~tian,trsi ning and rchabi Iiiatiun of
child in need of care and protectio~iand juvenile in conflict with
law and co-ordination alnony the various officiin and noa-vfficial

agencies cuncerned.
(2) 'l'hc 4dvisoi-y Board sliall consist of such persons as rhe
Government may lhink fir and shall iilcluds eminent 5nc.ial workers,
rcpresenratives of voluntary organisations in the field of the child
welfare, corporate sector, academicians, medical professionals and
he representative ot'the Social Welfare Department ufthe Government.
(3) The District Level Inspection Committee constituted under
section 36 of the Act shall also function as the District Advisory
B oard .

h I . Constita~tion uj' Ul~ilil Pruiecriun Zhrt rerpunsible for

implemcntalion of [he Act.-The Government shall constitute a Child
Protection I-lnii for the Statc considing of such off~crrsand other
employees as may be appointed by that Government, ta take up

Nn. 5 1 - 1
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'I llc .l&K Govt. Gazelie. 22nd March. 2013/1s1 C'hai.. 1935.
- .-

3.7

..-LA-,-

inattcrs relating to children in need of care ~ ~ r iprotection

d
and
juvet~ilesi n conflict with law with a view t~ ensure the imple~nentation
of the Act including the establishment arld ~naintenancco f homes,
notification o f competent authorities i n relation to these children and

their rehabilitation and co-ordination with various official and nonofficial agencies concerned.

62. Speciul JHI-unile

police rini1.-(I) It1 order to enable the
police officcrs who frequently or exclusively deal with juveniles ar
are primarily engagtd in the prevent ion o f juvenile crimc or handling
of the juveniles or children under the Act to perform their functions
more eftkctively. they shall be specially instructed and trained.
(2) In every police stalion at least one oi'ficer with aptitude atld
appropriate training and orientation mny he designated as the
'juvenile or thv child welfare officcr' who w i l l handle the juvenile
or thc child ill cil-ordination with the police.
( 3 ) Special juvenile police unit, of which all police officers
designa~cdas above. t o handle juveniles or c t l ildren w i l l be members,
may be c r ~ a t e din every district to co-ordinate and to upgrade the
police trealmrnt of the juveniles and the children.

63. .Irii.o~ile in conflict with luw un.d~rj:oitr,q se,ltencr at

co~~ir~~enuernent
of the Acl. -The Government sl~all direct that a
juvenile i n conflict wit11 law who i s undergoing any sentence o f
ittlprisonment at the commencement o f the Act, shall. i n lieu of
undergoing such sentrtice, be sent t o a special home or kept in fit
institution in such manner as the Government thinks fit for the
remaindrr o f the period ol' the sentence ; and the proviuians o f the
Act shall apply to the juvenile as if he had been ordered by the Board
to be sent to such special home or institution or, as the case may
he. ordered to be kept under protective care urlder sub-section (2)
of section 17 o f the Act :

Prwided that the Government, or as the case may he the Board,

may, for any adequate a11d special reason to be recr)rdcd i n writing,
review the case o f a juvenile in conflict with law undergoing a
sentence o f imprisonnieni, who has ceased to be so on or bcfvre the
commenceinent o f the Act, and pass appropriarc order i n the interest
o f such juvenile.

Explunatiuri :-In

64.

alt cases where a juvenile in conflict with law is

undergoing a sentence of imprisonment at any stage
on the date of commencement o f the Act, his case
including the issue of juvenility, shall be deemed to
be decided in ternw o f clause [in) of section 2 and
other provisions contained in the Act and the rules
made. thereunder. irrespective of the fact that he
ceases to be a juvenile on or before such date and
accordingly he shall he sent to the special home or
a fit institution, as the case may be, for the remainder
of the period of the sentence but such sentence shall
not in any case exceed he maximum period provided
in section 16 o f the Act.

Of$r.~rs appointed 11ndc.l.ihc

.4cl to be

public servunl.s.Probation Officers and other officers appoinied in pursuance o f the

Act shall be deetned to be public servants within the meaning o f
section 21 of the State Ranhir Penal Code. Samvat 1989.
65. Procedure in respect of bonds.-Prov isions of
Chapter XLIl of the Code o f Ctinlinal Procedure, Samvat 19RQ shall,
as far as may be, apply to bonds taken under the Act.

66. Delegalion of' powers.-The Government may, by the

general order. d~rectthat any power exercisabte by it under the Act
shall, in such circurnstanccs and under such conditions, if any, as
may be prescribed in the order, be exercisable also by an officer
subvrdinale to the Governmenl.
67. Pro~ecfionofacrion ruken in good fuirh.- No suit or legal
proceedings shall lie against the Guvcrrirnent or voluntary organisation
running the home or any officer and the staff appointed in pursuance
o f the Act in respect of anything which i s in good faith done or
intended to be done in pursuance o f the A d or uf any rules or order

made thereunder.

68. Power to make ru/e.~.--(l)The Government may, by

notification in the Gover~lmentGazette, make rules to carry out the
purposes of the Act.

No. 5 1- 1

The j&K Govt. Gaz-ette, 22nd Much, 201311~1Chni.. 1935.

33

(2) In particular, and without prejudice to the generality of the

foregoing powers. such rules may provide for all or any of the
following matters, namely :(i) the term of office o f the members of the Board, and the
manner in which such member may resign under subsection (4) o f section 4 ;

( i i ) the time of the meetings of the Board and the rules of

procedure in regard to the transaction of business at its
meeting under sub-section ( I ) of section 5 ;
(iii) the management of observation homes including the
standards and various types of services to be protided
by them and the circumstances in which and the manner
in which, the certificativn o f the observation home may
be granted or wilhdrawn and such other matters as are
referred to in section 9 ;
( i v ) the management o f special home including the standards
and various types of services to be provided by them and
the circumstances in which and the manner in which, the
certification of the special home may be granted or
withdrawn and such other matters as are referred to in
section 10 ;
(v) persons by whom any juvenile in conflict with law may
be produced before the Board and the manner of sending
such juvenile to an observation h o m e under subsection (1) of section 1 1 ;

(vi) matters relating to removal o f disqualifications attaching

to conviction of a juvenile under section 20 ;
(vii) the qualifications of the Chairperson and members. and
the tenure f o r which they may be appointed under subsection (3) of section 30 ;

(viii) the time of the meetings of the Committee and the rules
of procedure in regard ro the transaction of business at
its meeting under sub-section ( I ) of section 31 :

:6

1 hc j&K C i w t . Garellc. 22nd March, 20131t s l Chai.. 1933. [Nu. 5 1 - 1

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(ix) the manner of making the repclrt to thc police and to the
C'omn~~ttec
and the manner 01' sending and entrusting he
child to children's home pending the inquiry under subsection (2) of section 33 ;
( x ) the ~nanagement o f children's hoines including the
standar.ils mid naturc o f services to he providcd by thein,
and the manner In which rertification of a children's homc
or recognition to a voluntap organisation may be granted
or wilhdrawn and the manner of registration of institutions
urider section 35 ;
(ui) appointment of Inspc.ctioi1 Co~nmittees for children's
I~omes,their tenure and purposcs for which Inspection
Committees !nay bc appoi~~teit
a r ~ ds1ic.h olher matters as

are reftrred to in section 36 ;

(xii) facilities to be providcd by the shelter homes under subsection ( 3 ) of section 38 ;
(xiii) for carrying out various schemes o f sponsorship of
children under sub-scction ( 2 ) of scction 42 :

(xiv) matters relating to after-care organisation under

section 43 ;
(XV)

Ibr ensuring efftctive linkages between various agencies

for facilitating rehabilitation and social integration o f the
c,hild tinder section 21.1 ;

( x v i ) the purposes and the manner in which the Fund shall be

administered u~ulersub-section (3) o f scclion 59 :
(xvii) any other matter which is requirzd to be or rnay be,
prescribed.

69.

Rept.u/a~~llsavings.-(l)TheJa~nrnuandKasiimirJuvenile

Justice Act. 1997 (,4ct No. V l l I of 1997) i s hereby repealed.

( 2 ) Notwithstanding such repeal, anything done or any action

taken under the said Act shall be deemed to have bee11 done or taken
under the correspondirig provisions of the Act.

No. 5 1-1

The J&K Ciavl. Gazette, 22nd March, 201B/ls1Chai.. 1935.

37

70. Power fo removc7 Jificulties:-(I)

If any difficulty arises
in giving effect to the provisions of the Act. the Government may,
by order, not inconsistent with the provisions of the Act, remove
the difficulty :

Probided that no such order shall be made after the expiry of

the period o f two years from the conlinencement of the Act.

(2) Any order made under sub-section (1) shall be laid, as soon
as may be after it i s made, before each House of the State Legislature.

38

The J&K Govf . Gazette. 22nd March. 201311st Chai.. 1935. fNo. 51- 1
STATEMENT OF OBJECTS

A N D REASONS

Thc darnmu and K s h r n i r Juvenile Justice A d , 1997 presently in

force has been found insufficient in meeting the requirements necessary
for dealing with the juveniles. Accordingh, to bring the State Act at
par with the Cenrral Act and in accordance with various ILO
conventions, the presenl Draft Bill has been prepared with the following

objectives :I.

Providing proper care, treatment and protection to the

juven~lesi n conflict with law and children in need of care
and protection ;

2.

For juveniles in conff ict with law, Juvenile Justice Boards

in every district or a group o f districts ur each division
of the State are to be constituted which wiH be headed by
a Judicial Magistrate of First Class ;

3.

Observation homes shall he estabIished and maintained by

the Government for reception of juveniles, in conflict with
law who don't have parentslguardian For preliminary
inquiries. care and classification for juveniles according to
the age group, such as seven to twelve years, twclvc to
sixteen years and sixteen to eighteen years, giving due
considerations to physical and mental status and degrce of
the offence committed ;

4.

Special juvenile police units to be created for apprehension

o f the juveniles in conflict with law and to produce them
before the Board without placing thein in police lock-up/
lodging them in jail ;

5.

Person incharge o f a juvenile or child shall be punished

if he assaults, abandons, such juvenile or child.

6 . Child Welfare Committees shalt be cmstituted for care and

protection of children and children's homes shall be
established for such children ;

No. 51-1

7.

The I&K Govt. Ga7xtte. 22nd March, 2013/151 Cbai., 1935.

39

For children who need urgent support drop-in-centres

known as shelter homes shall be established.

MINISTER FOR SOCIAL WELFARE.

40

Thc J 4 K Gmt. Gazette. 22nd hiarch, 2013/lst Chai., 1935. [No. 51-1

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MEMORANDUM

OF DELEGATED LEClSLATION

Clause 70 o f the Bill provides for framing o f rules.

The matters in respect of which notifications may be issued or

rules lo be made under rhe provisions of the Bill pertain to procedure
or drninistrative details and it i s not practicable to provide for them
in the Bill itself, the delegation o f legislative power is, therefore,

of a norcnai character.

MlNlSTER FOR SOCIAL WELFARE

No. 5 1 - 1

The J&K Covi. Gaxtte, 22nd March, 20 13/lst Chai., 1935.

-. ,-

FINANCIAL

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41

MEMORANDUM

Clause 4 o f the Rill provides for constitution of one or more

Juvenile Justice Boards for a district or a group o f districts or each
division of the State which shall consist of a Judicial Magistrate
of the First Class and two social workers forming a bench. l'he
term5 o f office have been provided under sub-clause (3). Further,
sub-clause (4) thereof states that the term of office of the mcmbcrs
of the Board and the manner in which such rnembcrs may resign
shall be such a s may be prescribed.
Clauses 9, 10, 35 and 38 provide for establi>ll~ner~tand
~naintenance of Observation Homes, Special Honles. Children's
Homes and Shelter Ilornes respectively t'ir a district or a group of
districts or each division o f the State. Similarly, Clause 30 provides
for Constitution o f Child Welfare Comtninem for e v e p district or
a group of districts or each division of the State which shall consist
of a Chairperson and four members. The qualifications of he
Chairperson and the mcmbers, and the tenure for which they may
be appointed shatl be such as may be prescribed.
The annual expenditure on this account will be as per requirements
and shalI be enacted out with prior concurrence of Financc Department.

MINISTER FOR SOCIAIA WELFARE

42

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The J&K (inbt. Ciazet~e,22nd March, 20 13,Ist Chiill., 1935. [No. P 1-1
- -

KEGOMMENDATION OF THE GOVERNOR

The Governor has in pursuance of sub-sections (I)and ( 3 ) of
section 84 of the Constitution of Jammu and Karhmir recommended
to the famrnu and Kashmir Legislative Assembly the introduction and
consideration of the Bill.

(Sd.) M. RAMZAN.
Secretary.