THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015 

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ARRANGEMENT OF SECTIONS 

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CHAPTER I 

PRELIMINARY 

SECTIONS 

1. Short title, extent, commencement and application. 

2. Definitions. 

CHAPTER II 

GENERAL PRINCIPLES OF CARE AND PROTECTION OF CHILDREN 

3. General principles to be followed in administration of Act. 

CHAPTER III 

JUVENILE JUSTICE BOARD 

4. Juvenile Justice Board. 

5. Placement of person, who cease to be a child during process of inquiry. 

6.  Placement  of  persons,  who  committed  an  offence,  when  person  was  below  the  age  of  eighteen 

years. 

7. Procedure in relation to Board. 

8. Powers, functions and responsibilities of the Board. 

9. Procedure to be followed by a Magistrate who has not been empowered under this Act. 

CHAPTER IV 

PROCEDURE IN RELATION TO CHILDREN IN CONFLICT WITH LAW 

10. Apprehension of child alleged to be in conflict with law. 

11. Role of person in whose charge child in conflict with law is placed. 

12. Bail to a person who is apparently a child alleged to be in conflict with law. 

13. Information to parents, guardian or probation officer. 

14. Inquiry by Board regarding child in conflict with law. 

15. Preliminary assessment into heinous offences by Board. 

16. Review of pendency of inquiry. 

17. Orders regarding a child not found to be in conflict with law. 

18. Orders regarding child found to be in conflict with law. 

19. Powers of Children’s Court. 

20.  Child  attained  age  of  twenty-one  years  and  yet  to  complete  prescribed  term  of  stay  in  place  of 

safety. 

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SECTIONS 

21. Order that may not be passed against a child in conflict with law. 

22. Proceeding under Chapter VIII of the Code of Criminal Procedure not to apply against child. 

23. No joint proceedings of child in conflict with law and person not a child. 

24. Removal of disqualification on the findings of an offence. 

25. Special provision in respect of pending cases. 

26. Provision with respect of run away child in conflict with law. 

CHAPTER V 

CHILD WELFARE COMMITTEE 

27. Child Welfare Committee. 

28. Procedure in relation to Committee. 

29. Powers of Committee. 

30. Functions and responsibilities of Committee. 

PROCEDURE IN RELATION TO CHILDREN IN NEED OF CARE AND PROTECTION 

CHAPTER VI 

31. Production before Committee. 

32. Mandatory reporting regarding a child found separated from guardian. 

33. Offence of non-reporting. 

34. Penalty for non-reporting. 

35. Surrender of children. 

36. Inquiry. 

37. Orders passed regarding a child in need of care and protection. 

38. Procedure for declaring a child legally free for adoption. 

CHAPTER VII 

REHABILITATION AND SOCIAL RE-INTEGRATION 

39. Process of rehabilitation and social re-integration. 

40. Restoration of child in need of care and protection. 

41. Registration of child care institutions. 

42. Penalty for non-registration of child care institutions. 

43. Open shelter. 

44. Foster care. 

45. Sponsorship. 

46. After care of children leaving child care institution. 

47. Observation homes. 

48. Special homes. 

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SECTIONS 

49. Place of safety. 

50. Children’s Home. 

51. Fit facility. 

52. Fit person. 

53. Rehabilitation and re-integration services in institutions registered under this Act and management 

thereof. 

54. Inspection of institutions registered under this Act. 

55. Evaluation of functioning of structures. 

CHAPTER VIII 

ADOPTION 

56. Adoption. 

57. Eligibility of prospective adoptive parents. 

58. Procedure for adoption by Indian prospective adoptive parents living in India. 

59. Procedure for inter-country adoption of an orphan or abandoned or surrendered child. 

60. Procedure for inter-country relative adoption. 

61. Procedure for disposal of adoption proceedings. 

62. Additional procedural requirements and documentation. 

63. Effect of adoption. 

64. Reporting of adoption. 

65. Specialised Adoption Agencies. 

66. Adoption of children residing in institutions not registered as adoption agencies. 

67. State Adoption Resource Agency. 

68. Central Adoption Resource Authority. 

69. Steering Committee of Authority. 

70. Powers of Authority. 

71. Annual Report of Authority. 

72. Grants by Central Government. 

73. Accounts and audit of Authority. 

CHAPTER IX 

OTHER OFFENCES AGAINST CHILDREN 

74. Prohibition on disclosure of identity of children. 

75. Punishment for cruelty to child. 

76. Employment of child for begging. 

77. Penalty for giving intoxicating liquor or narcotic drug or psychotropic substance to a child. 

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SECTIONS 

78.  Using  a  child  for  vending,  peddling,  carrying,  supplying  or  smuggling  any  intoxicating  liquor, 

narcotic drug or psychotropic substance. 

79. Exploitation of a child employee. 

80. Punitive measures for adoption without following prescribed procedures. 

81. Sale and procurement of children for any purpose. 

82. Corporal punishment. 

83. Use of child by militant groups or other adults. 

84. Kidnapping and abduction of child. 

85. Offences committed on disabled children. 

86. Classification of offences and designated court. 

87. Abetment. 

88. Alternative punishment. 

89. Offence committed by child under this Chapter. 

CHAPTER X 

MISCELLANEOUS 

90. Attendance of parent or guardian of child. 

91. Dispensing with attendance of child. 

92. Placement of a child suffering from disease requiring prolonged medical treatment in an approved 

place. 

93. Transfer of a child who is mentally ill or addicted to alcohol or other drugs. 

94. Presumption and determination of age. 

95. Transfer of a child to place of residence. 

96.  Transfer  of  child  between  Children’s  Homes,  or  special  homes  or  fit  facility  or  fit  person  in 

different parts of India. 

97. Release of a child from an institution. 

98. Leave of absence to a child placed in an institution. 

99. Reports to be treated as confidential. 

100. Protection of action taken in good faith. 

101. Appeals. 

102. Revision. 

103. Procedure in inquiries, appeals and revision proceedings. 

104. Power of the Committee or the Board to amend its own orders. 

105. Juvenile justice fund. 

106. State Child Protection Society and District Child Protection Unit. 

107. Child Welfare Police Officer and Special Juvenile Police Unit. 

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SECTIONS 

108. Public awareness on provisions of Act. 

109. Monitoring of implementation of Act. 

110. Power to make rules. 

111. Repeal and savings. 

112. Power to remove difficulties. 

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THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015 

ACT NO. 2 OF 2016 

[31st December, 2015.] 

An Act to consolidate and amend the law relating to children alleged and found to be in conflict 
with law and children in need of care and protection by catering to their basic needs through 
proper  care,  protection,  development,  treatment,  social  re-integration,  by  adopting  a                
child-friendly  approach  in  the  adjudication  and  disposal  of  matters  in  the  best  interest  of 
children and for their rehabilitation through processes provided, and institutions and bodies 
established, herein under and for matters connected therewith or incidental thereto. 

WHEREAS,  the  provisions  of  the  Constitution  confer  powers  and  impose  duties,  under  clause  (3) 
of article 15, clauses (e) and (f) of article 39, article 45 and article 47, on the State to ensure that all the 
needs of children are met and that their basic human rights are fully protected; 

AND WHEREAS, the Government of India has acceded on the 11th December, 1992 to the Convention 
on the Rights of the Child, adopted by the General Assembly of United Nations, which has prescribed a 
set of standards to be adhered to by all State parties in securing the best interest of the child; 

AND  WHEREAS,  it  is  expedient  to  re-enact  the  Juvenile  Justice  (Care  and  Protection  of  Children)               

Act, 2000 (56 of 2000) to make comprehensive provisions for children alleged and found to be in conflict 
with law and children in need of care and protection, taking into consideration 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),  the  Hague  Convention  on  Protection  of  Children  and                 
Co-operation in Respect of Inter-country Adoption (1993), and other related international instruments. 

BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows:— 

CHAPTER I 

PRELIMINARY 

1.  Short  title,  extent,  commencement  and  application.—(1) This Act may be called the Juvenile 

Justice (Care and Protection of Children) Act, 2015. 

(2) It extends to the whole of India 1***. 

(3)  It  shall  come  into  force  on  such  date2 as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint. 

(4) Notwithstanding anything contained in any other law for the time being in force, the provisions of 
this  Act  shall  apply  to  all  matters  concerning  children  in  need  of  care  and  protection  and  children  in 
conflict with law, including — 

(i)  apprehension,  detention,  prosecution,  penalty  or  imprisonment,  rehabilitation  and  social                   

re-integration of children in conflict with law; 

(ii)  procedures  and  decisions  or  orders  relating  to  rehabilitation,  adoption,  re-integration,  and 

restoration of children in need of care and protection. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(1) “abandoned child” means a child deserted by his biological or adoptive parents or guardians, 

who has been declared as abandoned by the Committee after due inquiry; 

1. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 

2019). 

2. 15th January, 2016, vide notification No. S.O. 110(E), dated 12th January, 2016, see Gazette of India, Extraordinary, Part II, 

sec. 3(ii). 

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(2) “adoption” means the process through which the adopted child is permanently separated from 
his  biological  parents  and  becomes  the  lawful  child  of  his  adoptive  parents  with  all  the  rights, 
privileges and responsibilities that are attached to a biological child; 

(3)  “adoption  regulations”  means  the  regulations  framed  by  the  Authority  and  notified  by  the 

Central Government in respect of adoption; 

1[* 

* 

* 

* 

        *] 

(5) “aftercare” means making provision of support, financial or otherwise, to persons, who have 
completed the age of eighteen years but have not completed the age of twenty-one years, and have 
left any institutional care to join the mainstream of the society; 

(6) “authorised foreign adoption agency” means a foreign social or child welfare agency that  is 
authorised  by  the  Central  Adoption  Resource  Authority  on  the  recommendation  of  their  Central 
Authority  or  Government department  of that country  for  sponsoring  the  application  of  non-resident 
Indian or overseas citizen of India or persons of Indian origin or foreign prospective adoptive parents 
for adoption of a child from India; 

(7) “Authority” means the Central Adoption Resource Authority constituted under section 68; 

(8) “begging” means— 

(i) soliciting or receiving alms in a public place or entering into any private premises for the 

purpose of soliciting or receiving alms, 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; 

(9) “best interest of child” means the basis for any decision taken regarding the child, to ensure 
fulfilment  of  his  basic  rights  and  needs,  identity,  social  well-being  and  physical,  emotional  and 
intellectual development; 

(10) “Board” means a Juvenile Justice Board constituted under section 4; 

(11) “Central Authority” means the Government department recognised as such under the Hague 

Convention on Protection of Children and Cooperation in Inter-country Adoption (1993); 

(12) “child” means a person who has not completed eighteen years of age; 

(13)  “child  in  conflict  with  law”  means  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; 

(14) “child in need of care and protection” means a child— 

(i)  who  is  found  without  any  home  or  settled  place  of  abode  and  without  any  ostensible 

means of subsistence; or 

(ii) who is found working in contravention of 2[the provisions of this Act or] labour laws for 

the time being in force or is found begging, or living on the street; or 

(iii) who resides with a person (whether a guardian of the child or not) and such person— 

(a) has injured, exploited, abused or neglected the child or has violated any other law for 

the time being in force meant for the protection of child; or 

(b)  has  threatened  to  kill,  injure,  exploit  or  abuse  the  child  and  there  is  a  reasonable 

likelihood of the threat being carried out; or 

(c) has killed, abused, neglected or exploited some other child or children and there is a 
reasonable likelihood of the child in question being killed, abused, exploited or neglected by 
that person; or 

1. Clause 4 omitted by Act 23 of 2021 s. 2 (w.e.f. 1-9-2022). 
2. Ins. by s. 2, ibid., (w.e.f. 1-9-2022). 

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(iv)  who  is  mentally  ill  or  mentally  or  physically  challenged  or  suffering  from  terminal  or 
incurable disease, having no one to support or look after or having parents or guardians unfit to 
take care, if found so by the Board or the Committee; or 

(v)  who  has  a  parent  or  guardian  and  such  parent  or  guardian  is  found  to  be  unfit  or 
incapacitated, by the Committee or the Board, to care for and protect the safety and well-being of 
the child; or 

1[(vi) who does not have parents and no one is willing to take care of and protect or who is 

abandoned or surrendered;] 

(vii)  who  is  missing  or  run  away  child,  or  whose  parents  cannot  be  found  after  making 

reasonable inquiry in such manner as may be prescribed; or 

(viii) who has been or is being or is likely to be abused, tortured or exploited for the purpose 

of sexual abuse or illegal acts; or 

(ix) who is found vulnerable and 2[has been or is being or is likely to be]  inducted into drug 

abuse or trafficking; or 

(x) who is being or is likely to be abused for unconscionable gains; or 
(xi) who is victim of or affected by any armed conflict, civil unrest or natural calamity; or 
(xii)  who  is  at  imminent  risk  of  marriage  before  attaining  the  age  of  marriage  and  whose 
parents,  family  members,  guardian  and  any  other  persons  are  likely  to  be  responsible  for 
solemnisation of such marriage; 
(15)  “child  friendly”  means  any  behaviour,  conduct,  practice,  process,  attitude,  environment  or 

treatment that is humane, considerate and in the best interest of the child; 

(16)  “child  legally  free  for  adoption”  means  a  child  declared  as  such  by  the  Committee  after 

making due inquiry under section 38; 

(17) “Child Welfare Officer” means an officer attached to a 3[child care institution], for carrying 
out the directions given by the Committee or, as the case may be, the Board with such responsibility 
as may be prescribed; 

(18) “Child Welfare Police Officer” means an officer designated as such under sub-section (1) of 

section 107; 

(19) “Children’s Home” means a Children’s Home, established or maintained, in every district or 

group  of  districts,  by  the  State  Government,  either  by  itself,  or  through  a  voluntary  or                            
non-governmental organisation, and is registered as such for the purposes specified in section 50; 

(20) “Children’s Court” means a court established under the Commissions for Protection of Child 
Rights  Act,  2005  (4  of  2006)  or  a  Special  Court  under  the  Protection  of  Children  from  Sexual 
Offences Act, 2012 (32 of 2012), wherever existing and where such courts have not been designated, 
the Court of Sessions having jurisdiction to try offences under the Act; 

(21) “child care institution” means Children Home, open shelter, observation home, special home, 
place  of  safety,  Specialised  Adoption  Agency  and  a  fit  facility  recognised  under  this  Act  for 
providing care and protection to children, who are in need of such services; 

(22) “Committee” means Child Welfare Committee constituted under section 27; 
(23) “court” means a civil court, which has jurisdiction in matters of adoption and guardianship 

and may include the District Court, Family Court and City Civil Courts; 

(24) “corporal punishment” means the subjecting of a child by any person to physical punishment 
that  involves  the  deliberate  infliction  of  pain  as  retribution  for  an  offence,  or  for  the  purpose  of 
disciplining or reforming the child; 

(25) “childline services” means a twenty-four hours emergency outreach service for children in 

crisis which links them to emergency or long-term care and rehabilitation service; 

1. Subs. by Act 23 of 2021, s. 2, for sub-clause (vi) (w.e.f. 1-9-2022). 
2. Subs. by s. 2, ibid., for “is likely to be” (w.e.f. 1-9-2022). 
3. Subs. by s. 2, ibid., for “Children’s Home” (w.e.f. 1-9-2022). 

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(26) “District Child Protection Unit” means a Child Protection Unit for a District, established by 
the State Government under section 106, 1[which shall function under the supervision of the District 
Magistrate]  to  ensure  the  implementation  of  this  Act  and  other  child  protection  measures  in  the 
district; 

2[(26-A) “District Magistrate” includes Additional District Magistrate of the District;] 

(27)  “fit  facility”  means  a  facility  being  run  by  a  governmental  organisation  or  a  registered 
voluntary  or  non-governmental  organisation,  prepared  to  temporarily  own  the  responsibility  of  a 
particular child for a specific purpose, and such facility is recognised as fit for the said purpose, by 
the Committee, as the case may be, or the Board, under sub-section (1) of section 51; 

(28) “fit person” means any person, prepared to own the responsibility of a child, for a specific 
purpose, and such person is identified after inquiry made in this behalf and recognised as fit for the 
said  purpose,  by  the  Committee  or,  as  the  case  may  be,  the  Board,  to  receive  and  take  care  of  the 
child; 

(29) “foster care” means placement of a child, by the Committee for the purpose of alternate care 
in  the  domestic  environment  of  a  family,  other  than  the  child’s  biological  family,  that  has  been 
selected, qualified, approved and supervised for providing such care; 

(30) “foster family” means a family found suitable by the District Child Protection Unit to keep 

children in foster care under section 44; 

(31) “guardian” in relation to a child, means his natural guardian or any other person having, in 
the opinion of the Committee or, as the case may be, the Board, the actual charge of the child, and 
recognised  by  the  Committee  or,  as  the  case  may  be,  the  Board  as  a  guardian  in  the  course  of 
proceedings; 

(32)  “group  foster  care”  means  a  family  like  care  facility  for  children  in  need  of  care  and 
protection who are without parental care, aiming on providing personalised care and fostering a sense 
of belonging and identity, through family like and community based solutions; 

(33)  “heinous  offences”  includes  the  offences  for  which  the  minimum  punishment  under  the 
Indian Penal Code (45 of 1860) or any other law for the time being in force is imprisonment for seven 
years or more; 

(34) “inter-country adoption” means adoption of a child from India by non-resident Indian or by a 

person of Indian origin or by a foreigner; 

(35) “juvenile” means a child below the age of eighteen years; 

(36)  “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); 

(37) “no objection certificate” for inter-country adoption means a certificate issued by the Central 

Adoption Resource Authority for the said purpose; 

(38) “non-resident Indian” means a person who holds an Indian passport and is presently residing 

abroad for more than one year; 

(39) “notification” means the notification published in the Official Gazette of India, or as the case 

may be, in the Gazette of a State, and the expression “notify” shall be construed accordingly; 

(40) “observation home” means an observation home established and maintained in every district 

or  group  of  districts  by  a  State  Government,  either  by  itself,  or  through  a  voluntary  or                               
non-governmental organisation, and is registered as such, for the purposes specified in sub-section (1) 
of section 47; 

1. Subs. by Act 23 of 2021, s. 2, for “which is the focal point” (w.e.f. 1-9-2022).  
2. Ins. by s. 2 ibid. (w.e.f. 1-9-2022). 

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(41)  “open  shelter”  means  a  facility  for  children,  established  and  maintained  by  the  State 

Government,  either  by  itself,  or  through  a  voluntary  or  non-governmental  organisation  under                         
sub-section (1) of section 43, and registered as such, for the purposes specified in that section; 

(42) “orphan” means a child— 

(i) who is without biological or adoptive parents or legal guardian; or 

(ii) whose legal guardian is not willing to take, or capable of taking care of the child; 

(43)  “overseas  citizen  of  India”  means  a  person  registered  as  such  under  the  Citizenship            

Act, 1955 (57 of 1955); 

(44) “person of Indian origin” means a person, any of whose lineal ancestors is or was an Indian 
national,  and  who  is  presently  holding  a  Person  of  Indian  Origin  Card  issued  by  the  Central 
Government; 

(45) “petty offences” includes the offences for which the maximum punishment under the Indian 
Penal  Code  (45  of  1860)  or  any  other  law  for  the  time  being  in  force  is  imprisonment  up  to  three 
years; 

(46) “place of safety” means any place or institution, not being a police lockup or jail, established 
separately or attached to an observation home or a special home, as the case may be, 1[***] to receive 
and take care of the children alleged or found to be in conflict with law, by an order of the Board or 
the Children’s Court, both during  inquiry and ongoing rehabilitation after having been found guilty 
for a period and purpose as specified in the order; 

(47) “prescribed” means prescribed by rules made under this Act; 

(48)  “probation  officer”  means  an  officer  appointed  by  the  State  Government  as  a  probation 
officer under the Probation of Offenders Act, 1958 (20 of 1958) or the Legal-cum-Probation Officer 
appointed by the State Government under District Child Protection Unit; 

(49) “prospective adoptive parents” means a person or persons eligible to adopt a child as per the 

provisions of section 57; 

(50)  “public  place”  shall  have  the  same  meaning  assigned  to  it  in  the  Immoral  Traffic 

(Prevention) Act, 1956 (104 of 1956); 

(51) “registered”, with reference to child care institutions or agencies or facilities managed by the 
State  Government,  or  a  voluntary  or  non-governmental  organisation,  means  observation  homes, 
special homes, place of safety, children’s homes, open shelters or Specialised Adoption Agency or fit 
facility  or  any  other  institution  that  may  come  up  in  response  to  a  particular  need  or  agencies  or 
facilities authorised and registered under section 41, for providing residential care to children, on a 
short-term or long-term basis; 

(52) “relative”, in relation to a child for the purpose of adoption under this Act, means a paternal 

uncle or aunt, or a maternal uncle or aunt, or paternal grandparent or maternal grandparent; 

(53) “State Agency” means the State Adoption Resource Agency set up by the State Government 

for dealing with adoption and related matters under section 67; 

2[(54) “serious offences” includes the offences for which the punishment under the Indian Penal 

Code (45 of 1860) or any other law for the time being in force, is,— 

(a) minimum imprisonment for a term more than three years and not exceeding seven years; 

or 

1. The words “the person in-charge of which is willing” omitted by Act 23 of 2021, s. 2 (w.e.f. 1-9-2022). 
2. Subs. by s. 2, ibid., for clause (54) (w.e.f. 1-9-2022).  

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(b) maximum imprisonment for a term more than seven years but no minimum imprisonment 

or minimum imprisonment of less than seven years is provided.] 

 (55) “special juvenile police unit” means a unit of the police force of a district or city or, as the 
case may be, any other police unit like railway police, dealing with children and designated as such 
for handling children under section 107; 

(56) “special home” means an institution established by a State Government or by a voluntary or 
non-governmental organisation, registered under section 48, for housing and providing rehabilitative 
services  to  children  in  conflict  with  law,  who  are  found,  through  inquiry,  to  have  committed  an 
offence and are sent to such institution by an order of the Board; 

(57) “Specialised Adoption Agency” means an institution established by the State Government or 
by  a  voluntary  or  non-governmental  organisation  and  recognised  under  section  65,  for  housing 
orphans,  abandoned  and  surrendered  children,  placed  there  by  order  of  the  Committee,  for  the 
purpose of adoption; 

(58)  “sponsorship”  means  provision  of  supplementary  support,  financial  or  otherwise,  to  the 

families to meet the medical, educational and developmental needs of the child; 

(59) “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; 

(60)  “surrendered  child”  means  a  child,  who  is  relinquished  by  the  parent  or  guardian  to  the 
Committee, on account of physical, emotional and social factors beyond their control, and declared as 
such by the Committee; 

(61) all words and expressions used but not defined in this Act and defined in other Acts shall 

have the meanings respectively assigned to them in those Acts. 

CHAPTER II 

GENERAL PRINCIPLES OF CARE AND PROTECTION OF CHILDREN 

3. General principles to be followed in administration of Act.—The Central Government, the State 
Governments, 1[the Board, the Committee, or] other agencies, as the case may be, while implementing the 
provisions of this Act shall be guided by the following fundamental principles, namely:— 

(i) Principle of presumption of innocence: Any child shall be presumed to be an innocent of any 

mala fide or criminal intent up to the age of eighteen years. 

(ii)  Principle  of  dignity  and  worth:  All  human  beings  shall  be  treated  with  equal  dignity  and 

rights. 

(iii) Principle of participation: Every child shall have a right to be heard and to participate in all 
processes and decisions affecting his interest and the child’s views shall be taken into consideration 
with due regard to the age and maturity of the child. 

(iv)  Principle  of  best  interest:  All  decisions  regarding  the  child  shall  be  based  on  the  primary 
consideration  that  they  are  in  the  best  interest  of  the  child  and  to  help  the  child  to  develop  full 
potential. 

(v) Principle of family responsibility: The primary responsibility of care, nurture and protection of 

the child shall be that of the biological family or adoptive or foster parents, as the case may be. 

(vi)  Principle  of  safety:  All  measures  shall  be  taken  to  ensure  that  the  child  is  safe  and  is  not 
subjected to any harm, abuse or maltreatment while in contact with the care and protection system, 
and thereafter. 

(vii)  Positive  measures:  All  resources  are  to  be  mobilised  including  those  of  family  and 
community,  for  promoting  the  well-being,  facilitating  development  of  identity  and  providing  an 

1. Subs. by Act 23 of 2021, s. 3, for “the Board, and” (w.e.f. 1-9-2022).   

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inclusive and enabling environment, to reduce vulnerabilities of children and the need for intervention 
under this Act. 

(viii) Principle of non-stigmatising semantics: Adversarial or accusatory words are not to be used 

in the processes pertaining to a child. 

(ix) Principle of non-waiver of rights: No waiver of any of the right of the child is permissible or 
valid, whether sought by the child or person acting on behalf of the child, or a Board or a Committee 
and any non-exercise of a fundamental right shall not amount to waiver. 

(x) Principle of equality and non-discrimination: There shall be no discrimination against a child 
on  any  grounds  including  sex,  caste,  ethnicity,  place  of  birth,  disability  and  equality  of  access, 
opportunity and treatment shall be provided to every child. 

(xi) Principle of right to privacy and confidentiality: Every child shall have a right to protection 

of his privacy and confidentiality, by all means and throughout the judicial process. 

(xii)  Principle  of  institutionalisation  as  a  measure  of  last  resort:  A  child  shall  be  placed  in 

institutional care as a step of last resort after making a reasonable inquiry. 

(xiii)  Principle  of  repatriation  and  restoration:  Every  child  in  the  juvenile  justice  system  shall 
have  the  right  to  be  re-united  with  his  family  at  the  earliest  and  to  be  restored  to  the  same  socio-
economic and cultural status that he was in, before coming under the purview of this Act, unless such 
restoration and repatriation is not in his best interest. 

(xiv)  Principle  of  fresh  start:  All  past  records  of  any  child  under  the  Juvenile  Justice  system 

should be erased except in special circumstances. 

(xv)  Principle  of  diversion:  Measures  for  dealing  with  children  in  conflict  with  law  without 
resorting to judicial proceedings shall be promoted unless it is in the best interest of the child or the 
society as a whole. 

(xvi)  Principles  of  natural  justice:  Basic  procedural  standards  of  fairness  shall  be  adhered  to, 
including the right to a fair hearing, rule against bias and the right to review, by all persons or bodies, 
acting in a judicial capacity under this Act. 

CHAPTER III 

JUVENILE JUSTICE BOARD 

4.  Juvenile  Justice  Board.—(1)  Notwithstanding  anything  contained  in  the  Code  of  Criminal 
Procedure,  1973  (2  of  1974),  the  State  Government  shall,  constitute  for  every  district,  one  or  more 
Juvenile  Justice  Boards  for  exercising  the  powers  and  discharging  its  functions  relating  to  children  in 
conflict with law under this Act. 

(2)  A  Board  shall  consist  of  a  Metropolitan  Magistrate  or  a  Judicial  Magistrate  of  First  Class  not 
being  Chief  Metropolitan  Magistrate  or  Chief  Judicial  Magistrate  (hereinafter  referred  to  as  Principal 
Magistrate) with at least three years experience and two social workers selected in such manner as may be 
prescribed, 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 First Class. 

(3)  No  social  worker  shall  be  appointed  as  a  member  of  the  Board  unless  such  person  has  been 
actively involved in health, education, or welfare activities pertaining to children for atleast seven years or 
a practicing professional with a degree in child psychology, psychiatry, sociology or law. 

(4) No person shall be eligible for selection as a member of the Board, if he— 

(i) has any past record of violation of human rights or child rights; 

(ii) has been convicted of an offence involving moral turpitude, and such conviction has not been 

reversed or has not been granted full pardon in respect of such offence; 

12 

 
(iii)  has  been  removed  or  dismissed  from  service  of  the  Central  Government  or  a  State 
Government or an undertaking or corporation owned or controlled by the Central Government or a 
State Government; 

(iv)  has  ever  indulged  in  child  abuse  or  employment  of  child  labour  or  any  other  violation  of 

human rights or immoral act. 

(5)  The  State  Government  shall  ensure  that  induction  training  and  sensitisation  of  all  members 
including Principal Magistrate of the Board on care, protection, rehabilitation, legal provisions and justice 
for children, as may be prescribed, is provided within a period of sixty days from the date of appointment. 

(6) 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. 

(7) The appointment of any member of the Board, except the Principal Magistrate, may be terminated 

after holding an inquiry by the State Government, if he— 

(i) has been found guilty of misuse of power vested under this Act; or 

(ii) fails to attend the proceedings of the Board consecutively for three months without any valid 

reason; or 

(iii) fails to attend 1[minimum] three-fourths of the sittings in a year; or 

(iv) becomes ineligible under sub-section (4) during his term as a member. 

5. Placement of person, who cease to be a child during process of inquiry.—Where an inquiry has 
been  initiated  in  respect  of  any  child  under  this  Act,  and  during  the  course  of  such  inquiry,  the  child 
completes the age of eighteen years, then, notwithstanding anything contained in this Act or in any other 
law for the time being in force, the inquiry may be continued by the Board and orders may be passed in 
respect of such person as if such person had continued to be a child. 

6. Placement of persons, who committed an offence, when person was below the age of eighteen 
years.—(1) Any person, who has completed eighteen years of age, and is apprehended for committing an 
offence when he was below the age of eighteen years, then, such person shall, subject to the provisions of 
this section, be treated as a child during the process of inquiry. 

(2) The person referred to in sub-section (1), if not released on bail by the Board shall be placed in a 

place of safety during the process of inquiry. 

(3) The person referred to in sub-section (1) shall be treated as per the procedure specified under the 

provisions of this Act. 

7. Procedure in relation to Board.—(1) The Board shall meet at such times and shall observe such 
rules in regard to the transaction of business at its meetings, as may be prescribed and shall ensure that all 
procedures are child friendly and that the venue is not intimidating to the child and does not resemble as 
regular courts. 

(2) A child in conflict with law may be produced before an individual member of the Board, when the 

Board is not in sitting. 

(3) A Board may act notwithstanding the absence of any member of the Board, and no order passed 
by  the  Board  shall  be  invalid  by  the  reason  only  of  the  absence  of  any  member  during  any  stage  of 
proceedings: 

Provided that there shall be atleast two members including the Principal Magistrate present at the time 

of final disposal of the case or in making an order under sub-section (3) of section 18. 

(4) In the event of any difference of opinion among the members of the Board in the interim or final 
disposal, the opinion of the majority shall prevail, but where there is no such majority, the opinion of the 
Principal Magistrate, shall prevail. 

1. Subs. by Act 23 of 2021, s. 4, for “less than” (w.e.f. 1-9-2022). 

13 

 
                                                           
8. Powers, functions and responsibilities of the Board.—(1) Notwithstanding anything contained in 
any other law for the time being in force but save as otherwise expressly provided in this Act, the Board 
constituted  for any  district  shall  have  the  power  to  deal exclusively  with all  the  proceedings  under  this 
Act, relating to children in conflict with law, in the area of jurisdiction of such Board. 

(2) The powers conferred on the Board by or under this Act may also be exercised by the High Court 
and the Children’s Court, when the proceedings come before them under section 19 or in appeal, revision 
or otherwise. 

(3) The functions and responsibilities of the Board shall include— 

(a) ensuring the informed participation of the child and the parent or guardian, in every step of the 

process; 

(b) ensuring that the child’s rights are protected throughout the process of apprehending the child, 

inquiry, aftercare and rehabilitation; 

(c) ensuring availability of legal aid for the child through the legal services institutions; 

(d)  wherever  necessary  the  Board  shall  provide  an  interpreter  or  translator,  having  such 
qualifications, experience, and on payment of such fees as may be prescribed, to the child if he fails to 
understand the language used in the proceedings; 

(e)  directing  the  Probation  Officer,  or  in  case  a  Probation  Officer  is  not  available  to  the  Child 
Welfare  Officer  or  a  social  worker,  to  undertake  a  social  investigation  into  the  case  and  submit  a 
social investigation report within a period of fifteen days from the date of first production before the 
Board to ascertain the circumstances in which the alleged offence was committed; 

(f) adjudicate and dispose of cases of children in conflict with law in accordance with the process 

of inquiry specified in section 14; 

(g) transferring to the Committee, matters concerning the child alleged to be in conflict with law, 
stated to be in need of care and protection at any stage, thereby recognising that a child in conflict 
with law can also be a child in need of care simultaneously and there is a need for the Committee and 
the Board to be both involved; 

(h) disposing of the matter and passing a final order that includes an individual care plan for the 
child’s  rehabilitation,  including  follow  up  by  the  Probation  Officer  or  the  District  Child  Protection 
Unit or a member of a non-governmental organisation, as may be required; 

(i) conducting inquiry for declaring fit persons regarding care of children in conflict with law; 

(j)  conducting  at  least  one  inspection  visit  every  month  of  residential  facilities  for  children  in 
conflict with law and recommend action for improvement in quality of services to the District Child 
Protection Unit and the State Government; 

(k) order the police for registration of first information report for offences committed against any 
child in conflict with law, under this Act or any other law for the time being in force, on a complaint 
made in this regard; 

(l) order the police for registration of first information report for offences committed against any 
child in need of care and protection, under this Act or any other law for the time being in force, on a 
written complaint by a Committee in this regard; 

(m) conducting regular inspection of jails meant for adults to check if any child is lodged in such 
jails  and  take  immediate  measures  for  transfer  of 1[that  child  to  an  observation  home  or  place  of 
safety, as the case may be]; and 

(n) any other function as may be prescribed. 

9. Procedure to be followed by a Magistrate who has not been empowered under this Act.—(1) 
When a Magistrate, not empowered to exercise the powers of the Board under this Act is of the opinion 

1. Subs. by Act 23 of 2021, s. 5, for “of such a child to the observation home” (w.e.f. 1-9-2022). 

14 

 
                                                           
that the person alleged to have committed the offence and brought before him is a child, he shall, without 
any  delay,  record  such  opinion  and  forward  the  child  immediately  along  with  the  record  of  such 
proceedings to the Board having jurisdiction. 

(2) In case a person alleged to have committed an offence claims before a court other than a Board, 
that the person is a child or was a child on the date of commission of the offence, or if the court itself is of 
the opinion that the person was a child on the date of commission of the offence, the said court shall make 
an  inquiry,  take  such evidence as  may  be  necessary (but  not  an  affidavit)  to  determine the  age  of  such 
person, and shall record a finding on the matter, stating the age of the person as nearly as may be: 

Provided  that  such  a  claim  may  be  raised  before  any  court  and it  shall  be  recognised  at  any  stage, 
even  after  final  disposal  of  the  case,  and  such  a  claim  shall  be  determined  in  accordance  with  the 
provisions contained in this Act and the rules made thereunder even if the person has ceased to be a child 
on or before the date of commencement of this Act. 

(3)  If  the  court  finds  that  a  person  has  committed  an  offence  and  was  a  child  on  the  date  of 
commission of such offence, it shall forward the child to the Board for passing appropriate orders and the 
sentence, if any, passed by the court shall be deemed to have no effect. 

(4) In case a person under this section is required to be kept in protective custody, while the person’s 
claim of being a child is being inquired into, such person may be placed, in the intervening period in a 
place of safety. 

CHAPTER IV 

PROCEDURE IN RELATION TO CHILDREN IN CONFLICT WITH LAW 

10. Apprehension of child alleged to be in conflict with law.—(1) As soon as a child alleged to be 
in  conflict  with  law  is  apprehended  by  the  police,  such  child  shall  be  placed  under  the  charge  of  the 
special  juvenile  police  unit  or  the  designated  child  welfare  police  officer,  who  shall  produce  the  child 
before the Board without any loss of time but within a period of twenty-four hours of apprehending the 
child excluding the time necessary for the journey, from the place where such child was apprehended: 

Provided that in no case, a child alleged to be in conflict with law shall be placed in a police lockup or 

lodged in a jail. 

(2) The State Government shall make rules consistent with this Act,— 

(i)  to  provide  for  persons  through  whom  (including  registered  voluntary  or  non-governmental 

organisations) any child alleged to be in conflict with law may be produced before the Board; 

(ii) to provide for the manner in which the child alleged to be in conflict with law may be sent to 

an observation home or place of safety, as the case may be. 

11.  Role  of  person  in whose  charge  child  in  conflict with  law is  placed.—Any person in whose 
charge a child in conflict with law is placed, shall while the order is in force, have responsibility of the 
said child, as if the said person was the child’s parent and responsible for the child’s maintenance: 

Provided  that  the  child  shall  continue  in  such  person’s  charge  for  the  period  stated  by  the  Board, 
notwithstanding that the said child is claimed by the parents or any other person except when the Board is 
of the opinion that the parent or any other person are fit to exercise charge over such child. 

12. Bail to a person who is apparently a child alleged to be in conflict with law.—(1) When any 
person, who is apparently a child and is alleged to have committed a abailable or non-bailable offence, is 
apprehended  or  detained  by  the  police  or  appears  or  brought  before  a  Board,  such  person  shall, 
notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other 
law for the time being in force, be released on bail with or without surety or placed under the supervision 
of a probation officer or under the care of any fit person: 

Provided that such person shall not be so released if there appears reasonable grounds for believing 
that the release is likely to bring that person into association with any known criminal or expose the said 
person to moral, physical or psychological danger or the person’s release would defeat the ends of justice, 
and the Board shall record the reasons for denying the bail and circumstances that led to such a decision. 

15 

 
(2) When such person having been apprehended is not released on bail under sub-section (1) by the 
officer-in-charge of the police station, such officer shall cause the person to be kept only in an observation 
home 1[or a place of safety, as the case may be] in such manner as may be prescribed until the person can 
be brought before a Board. 

(3)  When  such  person  is  not  released  on  bail  under  sub-section  (1)  by  the  Board,  it  shall  make  an 
order sending him to an observation home or a place of safety, as the case may be, for such period during 
the pendency of the inquiry regarding the person, as may be specified in the order. 

(4) When a child in conflict with law is unable to fulfil the conditions of bail order within seven days 
of the bail order, such child shall be produced before the Board for modification of the conditions of bail. 

13.  Information  to  parents,  guardian  or  probation  officer.—(1)  Where  a  child  alleged  to  be  in 
conflict  with  law  is  apprehended,  the  officer  designated  as  Child  Welfare  Police  Officer  of  the  police 
station, or the special juvenile police unit to which such child is brought, shall, as soon as possible after 
apprehending the child, inform— 

(i) the parent or guardian of such child, if they can be found, and direct them to be present at the 

Board before which the child is produced; and 

(ii)  the  probation  officer,  or  if  no  probation  officer  is  available,  a  Child  Welfare  Officer,  for 
preparation  and submission  within  two  weeks to the  Board,  a  social investigation  report containing 
information  regarding  the  antecedents  and  family  background  of  the  child  and  other  material 
circumstances likely to be of assistance to the Board for making the inquiry. 

(2)  Where  a  child  is  released  on  bail,  the  probation  officer  or  the  Child  Welfare  Officer  shall  be 

informed by the Board. 

14.  Inquiry  by  Board  regarding  child  in  conflict  with  law.—(1) Where  a  child alleged  to  be in 
conflict  with  law  is  produced  before  Board,  the  Board  shall  hold  an  inquiry  in  accordance  with  the 
provisions of this Act and may pass such orders in relation to such child as it deems fit under sections 17 
and 18 of this Act. 

(2) The inquiry under this section shall be completed within a period of four months from the date of 
first production of the child before the Board, unless the period is extended, for a maximum period of two 
more months by the Board, having regard to the circumstances of the case and after recording the reasons 
in writing for such extension. 

(3) A preliminary assessment in case of heinous offences under section 15 shall be disposed of by the 

Board within a period of three months from the date of first production of the child before the Board. 

(4) If inquiry by the Board under sub-section (2) for petty offences remains inconclusive even after 

the extended period, the proceedings shall stand terminated: 

Provided that for serious or heinous offences, in case the Board requires further extension of time for 
completion of inquiry, the same shall be granted by the Chief Judicial Magistrate or, as the case may be, 
the Chief Metropolitan Magistrate, for reasons to be recorded in writing. 

(5) The Board shall take the following steps to ensure fair and speedy inquiry, namely:— 

(a) at the time of initiating the inquiry, the Board shall satisfy itself that the child in conflict with 
law  has  not  been  subjected  to  any  ill-treatment  by  the  police  or  by  any  other  person,  including  a 
lawyer or probation officer and take corrective steps in case of such ill-treatment; 

(b) in all cases under the Act, the proceedings shall be conducted in simple manner as possible 
and care shall be taken to ensure that the child, against whom the proceedings have been instituted, is 
given child-friendly atmosphere during the proceedings; 

(c)  every  child  brought  before  the  Board  shall  be  given  the  opportunity  of  being  heard  and 

participate in the inquiry; 

1. Ins. by Act 23 of 2021, s. 6 (w.e.f. 1-9-2022). 

16 

 
                                                           
(d) cases of petty offences, shall be disposed of by the Board through summary proceedings, as 

per the procedure prescribed under the Code of Criminal Procedure, 1973 (2 of 1974); 

(e) inquiry of serious offences shall be disposed of by the Board, by following the procedure, for 

trial in summons cases under the Code of Criminal Procedure, 1973 (2 of 1974); 

(f) inquiry of heinous offences,— 

(i) for child below the age of sixteen years as on the date of commission of an offence shall 

be disposed of by the Board under clause (e); 

(ii) for child above the age of sixteen years as on the date of commission of an offence shall 

be dealt with in the manner prescribed under section 15. 

15.  Preliminary  assessment  into  heinous  offences  by  Board.—(1)  In  case  of  a  heinous  offence 
alleged to have been committed by a child, who has completed or is above the age of sixteen years, the 
Board shall conduct a preliminary assessment with regard to his mental and physical capacity to commit 
such  offence,  ability  to  understand  the  consequences  of  the  offence  and  the  circumstances  in  which  he 
allegedly  committed  the  offence,  and  may  pass  an  order  in  accordance  with  the  provisions  of               
sub-section (3) of section 18: 

Provided that for such an assessment, the Board may take the assistance of experienced psychologists 

or psycho-social workers or other experts. 

Explanation.—For the purposes of this section, it is clarified that preliminary assessment is not a trial, 
but  is  to  assess  the  capacity  of  such  child  to  commit  and  understand  the  consequences  of  the  alleged 
offence. 

(2) Where the Board is satisfied on preliminary assessment that the matter should be disposed of by 
the Board, then the Board shall follow the procedure, as far as may be, for trial in summons case under 
the Code of Criminal Procedure, 1973 (2 of 1974): 

Provided that the order of the Board to dispose of the matter shall be appealable under sub-section (2) 

of section 101: 

Provided further that the assessment under this section shall be completed within the period specified 

in section 14. 

16.  Review  of  pendency  of  inquiry.—(1) The Chief Judicial Magistrate or the Chief Metropolitan 
Magistrate shall review the pendency of cases of the Board once in every three months, and shall direct 
the  Board  to  increase  the  frequency  of  its  sittings  or  may  recommend  the  constitution  of  additional 
Boards. 

(2) The number of cases pending before the Board, duration of such pendency, nature of pendency 
and  reasons thereof  shall  be  reviewed  in  every  six  months  by  a  high  level  committee  consisting  of  the 
Executive  Chairperson  of  the  State  Legal  Services  Authority,  who  shall  be  the  Chairperson,  the  Home 
Secretary, the Secretary responsible for the implementation of this Act in the State and a representative 
from a voluntary or non-governmental organisation to be nominated by the Chairperson. 

(3)  The  information  of  such  pendency  shall  also  be  furnished  by  the  Board  to  the  Chief  Judicial 
Magistrate  or  the  Chief  Metropolitan  Magistrate  and  the  District  Magistrate  on  quarterly  basis  in  such 
form as may be prescribed by the State Government. 

1[(4) The District Magistrate may, as and when required, in the best interest of a child, call for any 

information from all the stakeholders including the Board and the Committee.] 

17. Orders regarding a child not found to be in conflict with law.—(1) Where a Board is satisfied 
on inquiry that the child brought before it has not committed any offence, then notwithstanding anything 
contrary contained in any other law for the time being in force, the Board shall pass order to that effect. 

1. Ins. by Act 23 of 2021, s. 7, (w.e.f. 1-9-2022).  

17 

 
                                                           
(2) In case it appears to the Board that the child referred to in sub-section (1) is in need of care and 

protection, it may refer the child to the Committee with appropriate directions. 

18.  Orders  regarding  child found  to  be in  conflict with  law.—(1) Where a Board is satisfied on 
inquiry  that  a  child  irrespective  of  age  has  committed  a  petty  offence,  or  a  serious  offence,  or  a  child 
below  the  age  of  sixteen  years  has  committed  a  heinous  offence, 1[or  a  child  above  the  age  of  sixteen 
years has committed a heinous offence and the Board has, after preliminary assessment under Section 15, 
disposed of the matter]  then, notwithstanding anything contrary contained in any other law for the time 
being  in  force,  and  based  on  the  nature  of  offence,  specific  need  for  supervision  or  intervention, 
circumstances as brought out in the social investigation report and past conduct of the child, the Board 
may, if it so thinks fit,— 

(a) allow the child to go home  after advice or admonition by following appropriate inquiry and 

counselling to such child and to his parents or the guardian; 

(b) direct the child to participate in group counselling and similar activities; 

(c)  order  the  child  to  perform  community  service  under  the  supervision  of  an  organisation  or 

institution, or a specified person, persons or group of persons identified by the Board; 

(d) order the child or parents or the guardian of the child to pay fine: 

Provided that, in case the child is working, it may be ensured that the provisions of any labour 

law for the time being in force are not violated; 

(e) direct the child to be released on probation of good conduct and placed under the care of any 
parent, guardian or fit person, on such parent, guardian or fit person executing a bond, with or without 
surety, as the Board may require, for the good behaviour and child’s well-being for any period not 
exceeding three years; 

(f)  direct  the  child  to  be  released  on  probation  of  good  conduct  and  placed  under  the  care  and 
supervision of any fit facility for ensuring the good behaviour and child’s well-being for any period 
not exceeding three years; 

(g) direct the child to be sent to a special home, for such period, not exceeding three years, as it 
thinks  fit,  for  providing  reformative  services  including  education,  skill  development,  counselling, 
behaviour modification therapy, and psychiatric support during the period of stay in the special home: 

Provided that if the conduct and behaviour of the child has been such that, it would not be in the 
child’s interest, or in the interest of other children housed in a special home, the Board may send such 
child to the place of safety. 

(2) If an order is passed under clauses (a) to (g) of sub-section (1), the Board may, in addition pass 

orders to— 

(i) attend school; or 

(ii) attend a vocational training centre; or 

(iii) attend a therapeutic centre; or 

(iv) prohibit the child from visiting, frequenting or appearing at a specified place; or 

(v) undergo a de-addiction programme. 

(3) Where the Board after preliminary assessment under section 15 pass an order that there is a need 
for  trial  of  the  said  child  as  an  adult,  then  the  Board  may  order  transfer  of  the  trial  of  the  case  to  the 
Children’s Court having jurisdiction to try such offences. 

19.  Powers  of  Children’s  Court.—(1) After the receipt of preliminary assessment from the Board 

under section 15, the Children’s Court may decide that— 

1. Ins. by Act 23 of 2021, s. 8, (w.e.f. 1-9-2022). 

18 

 
                                                           
(i) there is a need for trial of the child as an adult as per the provisions of the Code of Criminal 
Procedure,  1973 (2  of 1974)  and  pass  appropriate  orders  after trial subject to the  provisions  of  this 
section  and  section  21,  considering  the  special  needs  of  the  child,  the  tenets  of  fair  trial  and 
maintaining a child friendly atmosphere; 

(ii) there is no need for trial of the child as an adult and may conduct an inquiry as a Board and 

pass appropriate orders in accordance with the provisions of section 18. 

(2) The Children’s Court shall ensure that the final order, with regard to a child in conflict with law, 
shall include an individual care plan for the rehabilitation of child, including follow up by the probation 
officer or the District Child Protection Unit or a social worker. 

(3) The Children’s Court shall ensure that the child who is 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: 

Provided that the reformative services including educational services, skill development, alternative 
therapy such as counselling, behaviour modification therapy, and psychiatric support shall be provided to 
the child during the period of his stay in the place of safety. 

(4)  The  Children’s  Court  shall  ensure  that  there  is  a  periodic  follow  up  report  every  year  by  the 
probation  officer  or  the  District  Child  Protection  Unit  or  a  social  worker,  as  required,  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. 

(5) The reports under sub-section (4) shall be forwarded to the Children’s Court for record and follow 

up, as may be required. 

20. Child attained age of twenty-one years and yet to complete prescribed term of stay in place 
of safety.—(1) When the child in conflict with the law attains the age of twenty-one years and is yet to 
complete the term of stay, the Children’s Court shall provide for a follow up by the probation officer or 
the District Child Protection Unit or a social worker or by itself, as required, to evaluate if such child has 
undergone reformative changes and if the child can be a contributing member of the society and for this 
purpose  the  progress  records  of  the  child  under  sub-section  (4)  of  section  19,  along  with  evaluation  of 
relevant experts are to be taken into consideration. 

(2) After the completion of the procedure specified under sub-section (1), the Children’s Court may— 

(i) decide to release the child on such conditions as it deems fit which includes appointment of a 

monitoring authority for the remainder of the prescribed term of stay; 

(ii) decide that the child shall complete the remainder of his term in a jail: 

Provided that each State Government shall maintain a list of monitoring authorities and monitoring 

procedures as may be prescribed. 

21. Order that may not be passed against a child in conflict with law.—No child in conflict with 
law shall be sentenced to death or for life imprisonment without the possibility of release, for any such 
offence,  either  under  the  provisions  of  this  Act  or  under  the  provisions  of  the  Indian  Penal  Code                      
(45 of 1860) or any other law for the time being in force. 

22.  Proceeding  under  Chapter  VIII  of  the  Code  of  Criminal  Procedure  not  to  apply  against 

child.—Notwithstanding  anything  to  the  contrary  contained  in  the  Code  of  Criminal  Procedure,  1973              
(2 of 1974), or any preventive detention law for the time being in force, no proceeding shall be instituted 
and no order shall be passed against any child under Chapter VIII of the said Code. 

23.  No  joint  proceedings  of  child  in  conflict  with  law  and  person  not  a  child.—(1) 
Notwithstanding anything contained in section 223 of the Code of Criminal Procedure, 1973 (2 of 1974) 
or in any other law for the time being in force, there shall be no joint proceedings of a child alleged to be 
in conflict with law, with a person who is not a child. 

(2) If during the inquiry by the Board or by the Children’s Court, the person alleged to be in conflict 

with law is found that he is not a child, such person shall not be tried along with a child. 

19 

 
24.  Removal  of  disqualification  on  the  findings  of  an  offence.—(1)  Notwithstanding  anything 
contained in any other law for the time being in force, a child who has committed an offence and has been 
dealt with under the provisions of this Act shall not suffer disqualification, if any, attached to a conviction 
of an offence under such law: 

Provided that in case of a child who has completed or is above the age of sixteen years and is found to 
be  in  conflict  with  law  by  the  Children’s  Court  under  clause  (i)  of  sub-section  (1)  of  section  19,  the 
provisions of sub-section (1) shall not apply. 

(2) The Board shall make an order directing the Police, or by the Children’s Court to its own registry 
that the relevant records of such conviction shall be destroyed after the expiry of the period of appeal or, 
as the case may be, a reasonable period as may be prescribed: 

Provided that in case of a heinous offence where the child is found to be in conflict with law under 
clause  (i)  of  sub-section  (1)  of  section  19,  the  relevant  records  of  conviction  of  such  child  shall  be 
retained by the Children’s Court. 

25. Special provision in respect of pending cases.—Notwithstanding anything contained in this Act, 
all proceedings in respect of a child alleged or found to be in conflict with law pending before any Board 
or court on the date of commencement of this Act, shall be continued in that Board or court as if this Act 
had not been enacted. 

26. Provision with respect of run away child in conflict with law.—(1) Notwithstanding anything 
to the contrary contained in any other law for the time being in force, any police officer may take charge 
of a child in conflict with law who has run away from a special home or an observation home or a place 
of safety or from the care of a person or institution under whom the child was placed under this Act. 

(2) The  child  referred to  in  sub-section  (1)  shall  be  produced,  within twenty-four  hours,  preferably 
before  the  Board  which  passed  the  original  order  in  respect  of  that  child,  if  possible,  or  to  the  nearest 
Board where the child is found. 

(3) The Board shall ascertain the reasons for the child having run away and pass appropriate orders 
for the child to be sent back either to the institution or person from whose custody the child had run away 
or any other similar place or person, as the Board may deem fit: 

Provided that the Board may also give additional directions regarding any special steps that may be 

deemed necessary, for the best interest of the child. 

(4) No additional proceeding shall be instituted in respect of such child. 

CHAPTER V 

CHILD WELFARE COMMITTEE 

27.  Child  Welfare  Committee.—(1)  The  State  Government  shall  by  notification  in  the  Official 
Gazette constitute for every district, one or more Child Welfare Committees for exercising the powers and 
to discharge the duties conferred on such Committees in relation to children in need of care and protection 
under  this  Act  and  ensure  that  induction  training  and  sensitisation  of  all  members  of  the  committee  is 
provided within two months from the date of notification. 

(2) The Committee shall consist of a Chairperson, and four other members as the State Government 
may think fit to appoint, of whom at least one shall be a woman and another, an expert on the matters 
concerning children. 

(3) The District Child Protection Unit shall provide a Secretary and other staff that may be required 

for secretarial support to the Committee for its effective functioning. 

1[(4)  No  person  shall  be  appointed  as  a  member  of  the  Committee  unless  he  has  a  degree  in  child 

psychology  or  psychiatry  or  law  or  social  work  or  sociology  or  human  health  or  education  or  human 

development or special education for differently abled children and has been actively involved in health, 

1. Subs. by Act 23 of 2021, s. 9, for sub-section (4) (w.e.f. 1-9-2022). 

20 

 
                                                           
education or welfare activities pertaining to children for seven years or is a practicing professional with a 

degree in child psychology or psychiatry or law or social work or sociology or human health or education 

or human development or special education for differently abled children. 

(4A) No person shall be eligible for selection as a member of the Committee, if he— 

(i) has any past record of violation of human rights or child rights, 

(ii) has been convicted of an offence involving moral turpitude, and such conviction has not been 

reversed or has not been granted full pardon in respect of such offence, 

(iii)  has  been  removed  or  dismissed  from  service  of  the  Government  of  India  or  State 
Government  or  an  undertaking  or  corporation  owned  or  controlled  by  the  Government  of  India  or 
State Government, 

(iv) has ever indulged in child abuse or employment of child labour or immoral act or any other 

violation of human rights or immoral acts, or 

(v) is part of management of a child care institution in a District.] 

 (5) No person shall be appointed as a member unless he possesses such other qualifications as may 

be prescribed. 

(6) No person shall be appointed for a period of more than three years as a member of the Committee. 

(7) The appointment of any member of the Committee shall be terminated by the State Government 

after making an inquiry, if— 

(i) he has been found guilty of misuse of power vested on him 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 Committee consecutively for three months without 

any valid reason or he fails to attend 1[minimum] three-fourths of the sittings in a year. 

2 [(8)  The  Committee  shall  submit  a  report  to  the  District  Magistrate  in  such  form  as  may  be 
prescribed  and  the  District  Magistrate  shall  conduct  a  quarterly  review  of  the  functioning  of  the 
Committee.] 

(9)  The  Committee  shall  function  as  a  Bench  and  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 First Class. 

3[(10)  The  District  Magistrate  shall  be  the  grievance  redressal  authority  to  entertain  any  grievance 
arising out of the functioning of the Committee and the affected child or anyone connected with the child, 
as the case may be, may file a complaint before the District Magistrate who shall take cognizance of the 
action  of  the  Committee  and,  after  giving  the  parties  an  opportunity  of  being  heard,  pass  appropriate 
order.] 

28. Procedure in relation to Committee.—(1) The Committee shall meet at least twenty days in a 
month  and  shall  observe  such  rules  and  procedures  with  regard  to  the  transaction  of  business  at  its 
meetings, as may be prescribed. 

1. Subs. by Act 23 of 2021, s. 9, for “less than” (w.e.f. 1-9-2022). 
2. Subs. by s. 9, ibid., for sub-section (8) (w.e.f. 1-9-2022).  
3. Subs. by s. 9, ibid., for sub-section (10) (w.e.f. 1-9-2022). 

21 

 
                                                           
(2) A visit to an existing child care institution by the Committee, to check its functioning and well 

being of children shall be considered as a sitting of the Committee. 

(3)  A  child  in  need  of  care  and  protection  may  be  produced  before  an  individual  member  of  the 

Committee for being placed in a Children’s Home or fit person when the Committee is not in session. 

(4)  In  the  event  of  any  difference  of  opinion  among  the  members  of  the  Committee  at  the  time  of 
taking  any  decision,  the  opinion  of  the  majority  shall  prevail  but  where  there  is  no  such  majority,  the 
opinion of the Chairperson shall prevail. 

(5) Subject to the provisions of sub-section (1), the Committee may act, notwithstanding the absence 
of any member of the Committee, and no order made by the Committee shall be invalid by reason only of 
the absence of any member during any stage of the proceeding: 

Provided that there shall be at least three members present at the time of final disposal of the case. 

29. Powers of Committee.—(1) The Committee shall have the authority to dispose of cases for the 
care, protection, treatment, development and rehabilitation of children in need of care and protection, as 
well as to provide for their basic needs and protection. 

(2)  Where  a  Committee  has  been  constituted  for  any  area,  such  Committee  shall,  notwithstanding 
anything contained in any other law for the time being in force, but save as otherwise expressly provided 
in this Act, have the power to deal exclusively with all proceedings under this Act relating to children in 
need of care and protection. 

30.  Functions  and  responsibilities  of  Committee.—The  functions  and  responsibilities  of  the 

Committee shall include— 

(i) taking cognizance of and receiving the children produced before it; 

(ii)  conducting  inquiry  on  all  issues  relating  to  and  affecting  the  safety  and  well-being  of  the 

children under this Act; 

(iii) directing the Child Welfare Officers or probation officers or District Child Protection Unit or 
non-governmental  organisations  to  conduct  social  investigation  and  submit  a  report  before  the 
Committee; 

(iv)  conducting  inquiry  for  declaring  fit  persons  for  care  of  children  in  need  of  care  and 

protection; 

(v) directing placement of a child in foster care; 

(vi) ensuring care, protection, appropriate rehabilitation or restoration of children in need of care 
and protection, based on the child’s individual care plan and passing necessary directions to parents 
or guardians or fit persons or children’s homes or fit facility in this regard; 

(vii)  selecting  registered  institution  for  placement  of  each  child  requiring  institutional  support, 
based on the child’s age, gender, disability and needs and keeping in mind the available capacity of 
the institution; 

(viii)  conducting  at  least  two  inspection  visits  per  month  of  residential  facilities  for  children  in 
need of care and protection and recommending action for improvement in quality of services to the 
District Child Protection Unit and the State Government; 

(ix) certifying the execution of the surrender deed by the parents and ensuring that they are given 

time to reconsider their decision as well as making all efforts to keep the family together; 

(x) ensuring that all efforts are made for restoration of abandoned or lost children to their families 

following due process, as may be prescribed; 

(xi) declaration of orphan, abandoned and surrendered child as legally free for adoption after due 

inquiry; 

22 

 
(xii)  taking  suo  motu  cognizance  of  cases  and  reaching  out  to  children  in  need  of  care  and 
protection,  who are  not  produced  before  the  Committee,  provided that  such decision  is taken  by  at 
least three members; 

(xiii) taking action for rehabilitation of sexually abused children who are reported as children in 
need of care and protection to the Committee by Special Juvenile Police Unit or local police, as the 
case may be, under the Protection of Children from Sexual Offences Act, 2012 (32 of 2012); 

(xiv) dealing with cases referred by the Board under sub-section (2) of section 17; 

(xv) co-ordinate with the police, labour department and other agencies involved in the care and 

protection of children with support of the District Child Protection Unit or the State Government; 

(xvi) in case of a complaint of abuse of a child in any child care institution, the Committee shall 
conduct  an  inquiry  and  give  directions  to  the  police  or  the  District  Child  Protection  Unit  or  labour 
department or childline services, as the case may be; 

(xvii) accessing appropriate legal services for children; 

(xviii) such other functions and responsibilities, as may be prescribed. 

CHAPTER VI 

PROCEDURE IN RELATION TO CHILDREN IN NEED OF CARE AND PROTECTION 

31. Production before Committee.—(1) Any child in need of care and protection may be produced 

before the Committee by any of the following persons, namely:— 

(i) any police officer or special juvenile police unit or a designated Child Welfare Police Officer 
or any officer of District Child Protection Unit or inspector appointed under any labour law for the 
time being in force; 

(ii) any public servant; 

(iii) Childline Services or any voluntary or non-governmental organisation or any agency as may 

be recognised by the State Government; 

(iv) Child Welfare Officer or probation officer; 

(v) any social worker or a public spirited citizen; 

(vi) by the child himself; or 

(vii) any nurse, doctor or management of a nursing home, hospital or maternity home: 

Provided that the child shall be produced before the Committee without any loss of time but within a 

period of twenty-four hours excluding the time necessary for the journey. 

(2)  The  State  Government  may  make  rules  consistent  with  this  Act,  to  provide  for  the  manner  of 
submitting the report to the Committee and the manner of sending and entrusting the child to children’s 
home or fit facility or fit person, as the case may be, during the period of the inquiry. 

32. Mandatory reporting regarding a child found separated from guardian.—(1) Any individual 
or  a  police  officer  or  any  functionary  of  any  organisation  or  a  nursing  home  or  hospital  or  maternity 
home,  who  or  which  finds  and  takes  charge,  or  is  handed  over  a  child  who  appears  or  claims  to  be 
abandoned or lost, or a child who appears or claims to be an orphan without family support, shall within 
twenty-four  hours  (excluding  the  time  necessary  for  the  journey),  give  information  to  the  Childline 
Services or the nearest police station or to a Child Welfare Committee or to the District Child Protection 
Unit, or hand over the child to a child care institution registered under this Act, as the case may be. 

1[(2)  The  information  regarding  a  child  referred  to  in  sub-section  (1)  shall  be  uploaded  by  the 
Committee  or  the  District  Child  Protection  Unit  or  the  child  care  institution,  as  the  case  may  be,  on  a 
portal as may be specified by the Central Government in this behalf.] 

1. Subs. by Act 23 of 2021, s. 10, for sub-section (2) (w.e.f. 1-9-2022). 

23 

 
                                                           
33. Offence of non-reporting.—If information regarding a child as required under section 32 is not 

given within the period specified in the said section, then, such act shall be regarded as an offence. 

34. Penalty for non-reporting.—Any person who has committed an offence under section 33 shall 

be liable to imprisonment up to six months or fine of ten thousand rupees or both. 

35. Surrender of children.—(1) A parent or guardian, who for physical, emotional and social factors 

beyond their control, wishes to surrender a child, shall produce the child before the Committee. 

(2) If, after prescribed process of inquiry and counselling, the Committee is satisfied, a surrender deed 

shall be executed by the parent or guardian, as the case may be, before the Committee. 

(3) The parents or guardian who surrendered the child, shall be given two months time to reconsider 
their decision and in the intervening period the Committee shall either allow, after due inquiry, the child 
to be with the parents or guardian under supervision, or place the child in a Specialised Adoption Agency, 
if he or she is below six years of age, or a children’s home if he is above six years. 

36.  Inquiry.—(1)  On  production  of  a  child  or  receipt  of  a  report  under  section  31,  the  Committee 
shall hold an inquiry in such manner as may be prescribed and the Committee, on its own or on the report 
from any person or agency as specified in sub-section (2) of section 31, may pass an order to send the 
child to the children’s home or a fit facility or fit person, and for speedy social investigation by a social 
worker or Child Welfare Officer or Child Welfare Police Officer: 

Provided  that  all  children  below  six  years  of  age,  who  are  orphan,  surrendered  or  appear  to  be 

abandoned shall be placed in a Specialised Adoption Agency, where available. 

(2) The social investigation shall be completed within fifteen days so as to enable the Committee to 

pass final order within four months of first production of the child: 

Provided that for orphan, abandoned or surrendered children, the time for completion of inquiry shall 

be as specified in section 38. 

(3)  After  the  completion  of  the  inquiry,  if  Committee  is  of  the  opinion  that  the  said  child  has  no 
family  or  ostensible  support  or  is  in  continued  need  of  care  and  protection,  it  may  send  the  child  to  a 
Specialised Adoption Agency if the child is below six years of age, children’s home or to a fit facility or 
person or foster family, till suitable means of rehabilitation are found for the child, as may be prescribed, 
or till the child attains the age of eighteen years: 

Provided that the situation of the child placed in a children’s home or with a fit facility or person or a 

foster family, shall be reviewed by the Committee, as may be prescribed. 

(4) The Committee shall submit a quarterly report on the nature of disposal of cases and pendency of 

cases to the District Magistrate in the manner as may be prescribed, for review of pendency of cases. 

(5)  After  review  under  sub-section  (4),  the  District  Magistrate  shall  direct  the  Committee  to  take 
necessary remedial measures to address the pendency, if necessary and send a report of such reviews to 
the State Government, who may cause the constitution of additional Committees, if required: 

Provided that if the pendency of cases continues to be unaddressed by the Committee even after three 
months of receiving such directions, the State Government shall terminate the said Committee and shall 
constitute a new Committee. 

(6) In anticipation of termination of the Committee and in order that no time is lost in constituting a 
new Committee, the State Government shall maintain a standing panel of eligible persons to be appointed 
as members of the Committee. 

(7)  In  case  of  any  delay  in  the  constitution  of  a  new  Committee  under  sub-section  (5),  the  Child 

Welfare Committee of a nearby district shall assume responsibility in the intervening period. 

37. Orders passed regarding a child in need of care and protection.—(1) The Committee on being 
satisfied through the inquiry that the child before the Committee is a child in need of care and protection, 

24 

 
may, on consideration of Social Investigation Report 1[***] and taking into account the child’s wishes in 
case the child is sufficiently mature to take a view, pass one or more of the following orders, namely:— 

(a) declaration that a child is in need of care and protection; 

(b) restoration of the child to parents or guardian or family with or without supervision of Child 

Welfare Officer or designated social worker; 

(c) placement of the child in Children’s Home or fit facility or Specialised Adoption Agency for 
the  purpose  of  adoption  for  long  term  or  temporary  care,  keeping  in  mind  the  capacity  of  the 
institution for housing such children, either after reaching the conclusion that the family of the child 
cannot be traced or even if traced, restoration of the child to the family is not in the best interest of the 
child; 

(d) placement of the child with fit person for long term or temporary care; 

(e) foster care orders under section 44; 

(f) sponsorship orders under section 45; 

(g) directions to persons or institutions or facilities in whose care the child is placed, regarding 
care, protection and rehabilitation of the child, including directions relating to immediate shelter and 
services  such  as  medical  attention,  psychiatric  and  psychological  support  including  need-based 
counselling,  occupational  therapy  or  behaviour  modification  therapy,  skill  training,  legal  aid, 
educational  services,  and  other  developmental  activities,  as  required,  as  well  as  follow-up  and 
coordination with the District Child Protection Unit or State Government and other agencies; 

(h) declaration that the child is legally free for adoption under section 38. 

(2) The Committee may also pass orders for— 

(i) declaration of fit persons for foster care; 

(ii) getting after care support under section 46 of the Act; or 

(iii) any other order related to any other function as may be prescribed. 

38.  Procedure  for  declaring  a  child  legally  free  for  adoption.—(1)  In  case  of  orphan  and 
abandoned child, the Committee shall make all efforts for tracing the parents or guardians of the child and 
on completion of such inquiry, if it is established that the child is either an orphan having no one to take 
care, or abandoned, the Committee shall declare the child legally free for adoption: 

Provided  that  such  declaration  shall  be  made  within  a  period  of  two  months  from  the  date  of 
production of the child, for children who are up to two years of age and within four months for children 
above two years of age: 

Provided further that notwithstanding anything contained in this regard in any other law for the time 
being in force, no first information report shall be registered against any biological parent in the process 
of inquiry relating to an abandoned or surrendered child under this Act. 

(2) In case of surrendered child, the institution where the child has been placed by the Committee on 
an application for surrender, shall bring the case before the Committee immediately on completion of the 
period specified in section 35, for declaring the child legally free for adoption. 

(3)  Notwithstanding  anything  contained  in  any  other  law  for  the  time  being  in  force,  a  child  of  a 
mentally retarded parents or a unwanted child of victim of sexual assault, such child may be declared free 
for adoption by the Committee, by following the procedure under this Act. 

(4)  The  decision  to  declare  an  orphan,  abandoned  or  surrendered  child  as  legally  free  for  adoption 

shall be taken by at least three members of the Committee. 

1. The words “submitted by Child Welfare Officer” omitted by Act 23 of 2021, s. 11 (w.e.f. 1-9-2022). 

25 

 
                                                           
(5)  The  Committee  shall  inform  1 [the  District  Magistrate]  the  State  Agency  and  the  Authority 
regarding the number of children declared as legally free for adoption and number of cases pending for 
decision in the manner as may be prescribed, every month. 

CHAPTER VII 

REHABILITATION AND SOCIAL RE-INTEGRATION 

39.  Process  of  rehabilitation  and  social  re-integration.—(1)  The  process  of  rehabilitation  and 
social integration of children under this Act shall be undertaken, based on the individual care plan of the 
child, preferably through family based care such as by restoration to family or guardian with or without 
supervision or sponsorship, or adoption or foster care: 

Provided that all efforts shall be made to keep siblings placed in institutional or non-institutional care, 

together, unless it is in their best interest not to be kept together. 

(2)  For  children  in  conflict  with  law  the  process  of  rehabilitation  and  social  integration  shall  be 
undertaken in the observation homes, if the child is not released on bail or in special homes or place of 
safety or fit facility or with a fit person, if placed there by the order of the Board. 

(3) The children in need of care and protection who are not placed in families for any reason may be 
placed in an institution registered for such children under this Act or with a fit person or a fit facility, on a 
temporary or long-term basis, and the process of rehabilitation and social integration shall be undertaken 
wherever the child is so placed. 

(4)  The  Children  in  need  of  care  and  protection  who  are  leaving  institutional  care  or  children  in 
conflict  with  law  leaving  special  homes  or  place  of  safety  on  attaining  eighteen  years  of  age,  may  be 
provided financial support as specified in section 46, to help them to re-integrate into the mainstream of 
the society. 

40.  Restoration  of  child in  need  of care  and  protection.—(1) The restoration and protection of a 
child shall be the prime objective of any Children’s Home, Specialised Adoption Agency or open shelter. 

(2) The Children’s Home, Specialised Adoption Agency or an open shelter, as the case may be, shall 
take such steps as are considered necessary for the restoration and protection of a child deprived of his 
family environment temporarily or permanently where such child is under their care and protection. 

(3) The Committee shall have the powers to restore any child in need of care and protection to his 
parents,  guardian  or  fit  person,  as  the  case  may  be,  after  determining  the  suitability  of  the  parents  or 
guardian or fit person to take care of the child, and give them suitable directions. 

Explanation.—For  the  purposes  of  this  section,  “restoration  and  protection  of  a  child”  means 

restoration to— 

(a) parents; 

(b) adoptive parents; 

(c) foster parents; 

(d) guardian; or 

(e) fit person. 

2[(4) The Committee shall submit a quarterly report regarding restored, dead and runaway children to 

the State Government and the District Magistrate in such form as may be prescribed.] 

41.  Registration  of  child  care  institutions.—(1)  Notwithstanding  anything  contained in  any  other 
law  for the time  being  in  force,  all institutions,  whether run  by  a  State  Government  or  by  voluntary  or 
non-governmental organisations, which are meant, either wholly or partially, for housing children in need 
of care and protection or children in conflict with law, shall, be registered under this Act in such manner 

1. Ins. by Act 23 of 2021, s. 12 (w.e.f. 1-9-2022).  
2. Ins. by Act 23 of 2021, s. 13, (w.e.f. 1-9-2022). 

26 

 
                                                           
as may be prescribed, 1[***] regardless of whether they are receiving grants from the Central Government 
or, as the case may be, the State Government or not: 

Provided that the institutions having valid registration under the Juvenile Justice (Care and Protection 
of Children) Act, 2000 (56 of 2000) on the date of commencement of this Act shall be deemed to have 
been registered under this Act. 

(2) At the time of registration under this section, the State Government 2[shall, after considering the 
recommendations  of  the  District  Magistrate,  determine]  and  record  the  capacity  and  purpose  of  the 
institution and shall register the institution as a Children’s Home or open shelter or Specialised Adoption 
Agency or observation home or special home or place of safety, as the case may be. 

(3) On receipt of application for registration under sub-section (1), from an existing or new institution 
housing  children  in  need  of  care  and  protection  or  children  in  conflict  with  law,  the  State  Government 
may  grant  provisional  registration,  within  one  month  from  the  date  of  receipt  of  application,  for  a 
maximum period of six months, in order to bring such institution under the purview of this Act, and shall 
determine the capacity of the Home which shall be mentioned in the registration certificate: 

Provided that if the said institution does not fulfil the prescribed criteria for registration, within the 
period specified in sub-section (1), the provisional registration shall stand cancelled and the provisions of 
sub-section (5) shall apply. 

(4) If the State Government does not issue a provisional registration certificate within one month from 
the date of application, the proof of receipt of application for registration shall be treated as provisional 
registration to run an institution for a maximum period of six months. 

(5) If the application for registration is not disposed of within six months by any officer or officers of 
any State Government, it shall be regarded as dereliction of duty on their part by their higher controlling 
authority and appropriate departmental proceedings shall be initiated. 

(6) The period of registration of an institution shall be five years, and it shall be subject to renewal in 

every five years. 

(7)  The  State  Government  may,  after  following  the  procedure  as  may  be  prescribed,  cancel  or 
withhold  registration,  as  the  case  may  be,  of  such  institutions  which  fail  to  provide  rehabilitation  and 
reintegration services as specified in section 53 and till such time that the registration of an institution is 
renewed or granted, the State Government shall manage the institution. 

(8)  Any  child  care  institution  registered  under  this  section  shall  be  duty  bound  to  admit  children, 
subject to the capacity of the institution, as directed by the Committee, whether they are receiving grants 
from the Central Government or, as the case may be, the State Government or not. 

(9) Notwithstanding anything contained in any other law for the time being in force, the inspection 
committee appointed under section 54, shall have the powers to inspect any institution housing children, 
even if not registered under this Act to determine whether such institution is housing children in need of 
care and protection. 

42. Penalty for non-registration of child care institutions.—Any person, or persons, in-charge of 
an institution housing children in need of care and protection and children in conflict with law, who fails 
to  comply  with  the  provisions  of  sub-section  (1)  of  section  41,  shall  be  punished  with  imprisonment 
which may extend to one year or a fine of not less than one lakh rupees or both: 

Provided  that  every  thirty  days  delay  in  applying  for  registration  shall  be  considered  as  a  separate 

offence. 

1. The words “, within a period of six months from the date of commencement of this Act,” omitted by Act 23 of 2021, s. 14, 

(w.e.f. 1-9-2022). 

2. Subs by s. 14, ibid., for “shall determine” (w.e.f. 1-9-2022). 

27 

 
                                                           
43.  Open  shelter.—(1)  The  State  Government  may  establish  and  maintain,  by  itself  or  through 
voluntary or non-governmental organisations, as many open shelters as may be required, and such open 
shelters shall be registered as such, in the manner as may be prescribed. 

(2) The open shelters referred to in sub-section (1) shall function as a community based facility for 
children  in  need  of  residential  support,  on  short-term  basis,  with the  objective  of  protecting  them  from 
abuse or weaning them, or keeping them, away from a life on the streets. 

(3)  The  open  shelters  shall  send  every  month  information,  in  the  manner  as  may  be  prescribed, 
regarding  children  availing  the  services  of  the  shelter,  to  the  District  Child  Protection  Unit  and  the 
Committee. 

44.  Foster  care.—(1)  The  children  in  need  of  care  and  protection  may  be  placed  in  foster  care, 
including group foster care for their care and protection through orders of the Committee, after following 
the  procedure  as  may  be  prescribed  in  this  regard,  in  a  family  which  does  not  include  the  child’s 
biological or adoptive parents or in an unrelated family recognised as suitable for the purpose by the State 
Government, for a short or extended period of time. 

(2)  The  selection  of  the  foster  family  shall  be  based  on  family’s  ability,  intent,  capacity  and  prior 

experience of taking care of children. 

(3)  All  efforts  shall  be  made  to  keep  siblings  together  in  foster  families,  unless  it  is  in  their  best 

interest not to be kept together. 

(4) The  State  Government,  after taking  into  account  the  number  of children,  shall  provide  monthly 
funding for such foster care through District Child Protection Unit after following the procedure, as may 
be prescribed, for inspection to ensure well being of the children. 

(5) In cases where children have been placed in foster care for the reason that their parents have been 
found to be unfit or incapacitated by the Committee, the child’s parents may visit the child in the foster 
family at regular intervals, unless the Committee feels that such visits are not in the best interest of the 
child, for reasons to be recorded therefor; and eventually, the child may return to the parent’s homes once 
the parents are determined by the Committee to be fit to take care of the child. 

(6) The  foster  family  shall  be  responsible for  providing  education,  health and  nutrition to  the  child 

and shall ensure the overall well being of the child in such manner, as may be prescribed. 

(7) The State Government may make rules for the purpose of defining the procedure, criteria and the 

manner in which foster care services shall be provided for children. 

(8) The inspection of foster families shall be conducted every month by the Committee in the form as 
may be prescribed to check the well-being of the child and whenever a foster family is found lacking in 
taking care of the child, the child shall be removed from that foster family and shifted to another foster 
family as the Committee may deem fit. 

(9) No child regarded as adoptable by the Committee shall be given for long-term foster care. 

45. Sponsorship.—(1) The State Government shall make rules for the purpose of undertaking various 
programmes of sponsorship of children, such as individual to individual sponsorship, group sponsorship 
or community sponsorship. 

(2) The criteria for sponsorship shall include,— 

(i) where mother is a widow or divorced or abandoned by family; 

(ii) where children are orphan and are living with the extended family; 

(iii) where parents are victims of life threatening disease; 

28 

 
(iv)  where  parents  are  incapacitated  due  to  accident  and  unable  to  take  care  of  children  both 

financially and physically. 

(3) The duration of sponsorship shall be such as may be prescribed. 

(4) The sponsorship programme may provide supplementary support to families, to Children’s Homes 
and to special homes to meet medical, nutritional, educational and other needs of the children, with a view 
to improving their quality of life. 

46. After care of children leaving child care institution.—Any child leaving a child care institution 
on  completion  of  eighteen  years  of  age  may  be  provided  with  financial  support  in  order  to  facilitate 
child’s re-integration into the mainstream of the society in the manner as may be prescribed. 

47. Observation homes.—(1) The State Government shall establish and maintain in every district or 
a group of districts, either by itself, or through voluntary or non-governmental organisations, observation 
homes,  which  shall  be  registered  under  section  41  of  this  Act,  for  temporary  reception,  care  and 
rehabilitation of any child alleged to be in conflict with law, during the pendency of any inquiry under 
this Act. 

(2) Where  the  State  Government  is of the  opinion that any  registered institution  other  than  a  home 
established or maintained under sub-section (1), is fit for the temporary reception of such child alleged to 
be in conflict with law during the pendency of any inquiry under this Act, it may register such institution 
as an observation home for the purposes of this Act. 

(3)  The  State  Government  may,  by  rules  made  under  this  Act,  provide  for  the  management  and 
monitoring of observation homes, including the standards and various types of services to be provided by 
them  for  rehabilitation  and  social  integration  of  a  child  alleged  to  be  in  conflict  with  law  and  the 
circumstances  under  which,  and  the  manner  in  which,  the  registration  of  an  observation  home  may  be 
granted or withdrawn. 

(4)  Every  child  alleged  to  be  in  conflict  with  law  who  is  not  placed  under  the  charge  of  parent  or 
guardian and is sent to an observation home shall be segregated according to the child’s age and gender, 
after  giving  due  consideration  to  physical  and  mental  status  of  the  child  and  degree  of  the  offence 
committed. 

48. Special homes.—(1) The State Government may establish and maintain either by itself or through 
voluntary  or  non-governmental  organisations,  special  homes,  which  shall  be  registered  as  such,  in  the 
manner as may be prescribed, in every district or a group of districts, as may be required for rehabilitation 
of those children in conflict with law who are found to have committed an offence and who are placed 
there by an order of the Juvenile Justice Board made under section 18. 

(2)  The  State  Government  may,  by  rules,  provide  for  the  management  and  monitoring  of  special 
homes, including the standards and various types of services to be provided by them which are necessary 
for  social  re-integration  of  a  child,  and  the  circumstances  under  which,  and  the  manner  in  which,  the 
registration of a special home may be granted or withdrawn. 

(3)  The  rules  made  under  sub-section  (2)  may  also  provide  for  the  segregation  and  separation  of 
children found to be in conflict with law on the basis of age, gender, the nature of offence committed by 
them and the child’s mental and physical status. 

49.  Place  of  safety.—(1)  The  State  Government  shall  set  up  atleast  one  place  of  safety  in  a  State 
registered under section 41, so as to place a person above the age of eighteen years or child in conflict 
with  law,  who  is  between  the  age  of  sixteen  to  eighteen  years  and  is  accused  of  or  convicted  for 
committing a heinous offence. 

(2) Every place of safety shall have separate arrangement and facilities for stay of such children or 

persons during the process of inquiry and children or persons convicted of committing an offence. 

29 

 
(3) The State Government may, by rules, prescribe the types of places that can be designated as place 

of safety under sub-section (1) and the facilities and services that may be provided therein. 

50.  Children’s  Home.—(1) The State Government may establish and maintain, in every district or 
group  of  districts,  either  by  itself  or  through  voluntary  or  non-governmental  organisations,  Children’s 
Homes, which shall be registered as such, for the placement of children in need of care and protection for 
their care, treatment, education, training, development and rehabilitation. 

(2) The State Government shall designate any Children’s Home as a home fit for children with special 

needs delivering specialised services, depending on requirement. 

(3) The State Government may, by rules, provide for the monitoring and management of Children’s 
Homes  including  the  standards  and  the  nature  of  services  to  be  provided  by  them,  based  on  individual 
care plans for each child. 

51.  Fit  facility.—(1)  The  Board  or  the  Committee  shall  recognise  a  facility  being  run  by  a 
Governmental organisation or a voluntary or non-governmental organisation registered under any law for 
the time being in force to be fit to temporarily take the responsibility of a child for a specific purpose after 
due inquiry regarding the suitability of the facility and the organisation to take care of the child in such 
manner as may be prescribed. 

(2) The Board or the Committee may withdraw the recognition under sub-section (1) for reasons to be 

recorded in writing. 

52.  Fit  person.—(1)  The  Board  or  the  Committee  shall,  after  due  verification  of  credentials, 
recognise any person fit to temporarily receive a child for care, protection and treatment of such child for 
a specified period and in the manner as may be prescribed. 

(2) The Board or Committee, as the case may be, may withdraw the recognition granted under sub-

section (1) for reasons to be recorded in writing. 

53.  Rehabilitation  and  re-integration  services  in  institutions  registered  under  this  Act  and 
management thereof.—(1) The services that shall be provided, by the institutions registered under this 
Act  in  the  process  of  rehabilitation  and  re-integration  of  children,  shall  be  in  such  manner  as  may  be 
prescribed, which may include— 

(i) basic requirements such as food, shelter, clothing and medical attention as per the prescribed 

standards; 

(ii)  equipment  such  as  wheel-chairs,  prosthetic  devices,  hearing  aids,  braille  kits,  or  any  other 

suitable aids and appliances as required, for children with special needs; 

(iii) appropriate education, including supplementary education, special education, and appropriate 

education for children with special needs: 

Provided that for children between the age of six to fourteen years, the provisions of the Right of 

Children to Free and Compulsory Education Act, 2009 (35 of 2009) shall apply; 

(iv) skill development; 

(v) occupational therapy and life skill education; 

(vi) mental health interventions, including counselling specific to the need of the child; 

(vii) recreational activities including sports and cultural activities; 

30 

 
 
(viii) legal aid where required; 

(ix) referral services for education, vocational training, de-addiction, treatment of diseases where 

required; 

(x) case management including preparation and follow up of individual care plan; 

(xi) birth registration; 

(xii) assistance for obtaining the proof of identity, where required; and 

(xiii) any other service that may reasonably be provided in order to ensure the well-being of the 
child, either directly by the State Government, registered or fit individuals or institutions or through 
referral services. 

(2)  Every  institution  shall  have  a  Management  Committee,  to  be  set  up  in  a  manner  as  may  be 

prescribed, to manage the institution and monitor the progress of every child. 

(3) The officer in-charge of every institution, housing children above six years of age, shall facilitate 
setting up of children’s committees for participating in such activities as may be prescribed, for the safety 
and well-being of children in the institution. 

54. Inspection of institutions registered under this Act.—(1) The State Government shall appoint 
inspection  committees  for  the  State  and  district,  as  the  case  may  be,  for  all  institutions  registered  or 
recognised to be fit under this Act for such period and for such purposes, as may be prescribed. 

(2) Such inspection committees shall mandatorily conduct visits to all facilities housing children in 
the area allocated, at least once in three months in a team of not less than three members, of whom at least 
one shall be a woman and one shall be a medical officer, and submit reports of the findings of such visits 
within a week of their visit, to the 1[District Magistrate], for further action. 

(3)  On  the  submission  of  the  report  by  the  inspection  committee  within  a  week  of  the  inspection, 
appropriate  action  shall  be  taken  within  a  month  by  the 2[District  Magistrate]  and  a  compliance  report 
shall be submitted to the State Government. 

55.  Evaluation  of  functioning  of  structures.—(1)  The  Central  Government  or  State  Government 
3[or  District  Magistrate]  may  independently  evaluate  the  functioning  of  the  Board,  Committee,  special 
juvenile  police  units,  registered  institutions,  or  recognised  fit  facilities  and  persons,  at  such  period  and 
through such persons or institutions as may be prescribed by that Government. 

(2) In case such independent evaluation is conducted by both the Governments, the evaluation made 

by the Central Government shall prevail. 

CHAPTER VIII 

ADOPTION 

56.  Adoption.—(1)  Adoption  shall  be  resorted  to  for  ensuring  right  to  family  for  the  orphan, 
abandoned and surrendered children, as per the provisions of this Act, the rules made thereunder and the 
adoption regulations framed by the Authority. 

1. Subs. by Act 23 of 2021, s. 15, for “District Child Protection Units or State Government, as the case may be” (w.e.f. 1-9-

2022). 

2. Subs. by s. 15, ibid., for “District Child Protection Unit or the State Government” (w.e.f. 1-9-2022). 
3. Ins. by s. 16, ibid. (w.e.f. 1-9-2022). 

31 

 
                                                           
 (2) Adoption of a child from a relative by another relative, irrespective of their religion, can be made 

as per the provisions of this Act and the adoption regulations framed by the Authority. 

(3) Nothing in this Act shall apply to the adoption of children made under the provisions of the Hindu 

Adoption and Maintenance Act, 1956 (78 of 1956). 

(4) All inter-country adoptions shall be done only as per the provisions of this Act and the adoption 

regulations framed by the Authority. 

(5) Any person, who takes or sends a child to a foreign country or takes part in any arrangement for 
transferring the care and custody of a child to another person in a foreign country without a valid order 
from the 1[District Magistrate], shall be punishable as per the provisions of section 80. 

57.  Eligibility  of  prospective  adoptive  parents.—(1)  The  prospective  adoptive  parents  shall  be 
physically fit, financially sound, mentally alert and highly motivated to adopt a child for providing a good 
upbringing to him. 

(2) In case of a couple, the consent of both the spouses for the adoption shall be required. 

(3) A single or divorced person can also adopt, subject to fulfilment of the criteria and in accordance 

with the provisions of adoption regulations framed by the Authority. 

(4) A single male is not eligible to adopt a girl child. 

(5) Any other criteria that may be specified in the adoption regulations framed by the Authority. 

58. Procedure for adoption by Indian prospective adoptive parents living in India.—(1) Indian 
prospective adoptive parents living in India, irrespective of their religion, if interested to adopt an orphan 
or  abandoned  or  surrendered  child,  may  apply  for  the  same  to  a  Specialised  Adoption  Agency,  in  the 
manner as provided in the adoption regulations framed by the Authority. 

(2) The Specialised Adoption Agency shall prepare the home study report of the prospective adoptive 
parents and upon finding them eligible, will refer a child declared legally free for adoption to them along 
with  the  child  study  report  and  medical  report  of  the  child,  in  the  manner  as  provided  in  the  adoption 
regulations framed by the Authority. 

(3) On the receipt of the acceptance of the child from the prospective adoptive parents along with the 
child  study  report  and  medical  report  of  the  child  signed  by  such  parents,  the  Specialised  Adoption 
Agency  shall  give  the  child  in  pre-adoption  foster  care  and  file  an  application  2[before  the  District 
Magisrate] for obtaining the adoption order, in the manner as provided in the adoption regulations framed 
by the Authority. 

(4) On the receipt of a certified copy of the 3[order passed by the District Magistrate], the Specialised 

Adoption Agency shall send immediately the same to the prospective adoptive parents. 

(5)  The  progress  and  wellbeing  of  the  child  in  the  adoptive  family  shall  be  followed  up  and 

ascertained in the manner as provided in the adoption regulations framed by the Authority. 

59. Procedure for inter-country adoption of an orphan or abandoned or surrendered child.—(1) 
If an orphan or abandoned or surrendered child could not be placed with an Indian or non-resident Indian 
prospective adoptive parent despite the joint effort of the Specialised Adoption Agency and State Agency 
within sixty days from the date the child has been declared legally free for adoption, such child shall be 
free for inter-country adoption: 

1. Subs. by Act 23 of 2021, s. 17, for “Court” (w.e.f. 1-9-2022). 
2. Subs. by s. 18, ibid., for “in the court” (w.e.f. 1-9-2022). 
3. Subs. by s. 18, ibid., for “court order” (w.e.f. 1-9-2022). 

32 

 
                                                           
Provided that children with physical and mental disability, siblings and children above five years of 
age may be given preference over other children for such inter-country adoption, in accordance with the 
adoption regulations, as may be framed by the Authority. 

(2) An eligible non-resident Indian or overseas citizen of India or persons of Indian origin shall be 

given priority in inter-country adoption of Indian children. 

(3) A non-resident Indian or overseas citizen of India, or person of Indian origin or a foreigner, who 
are  prospective  adoptive  parents  living  abroad,  irrespective  of  their  religion,  if  interested  to  adopt  an 
orphan or abandoned or surrendered child from  India,  may apply for the same to an authorised foreign 
adoption agency, or Central Authority or a concerned Government department in their country of habitual 
residence,  as  the  case  may  be,  in  the  manner  as  provided  in  the  adoption  regulations  framed  by  the 
Authority. 

(4)  The  authorised  foreign  adoption  agency,  or  Central  Authority,  or  a  concerned  Government 
department, as the case may be, shall prepare the home study report of such prospective adoptive parents 
and upon finding them eligible, will sponsor their application to Authority for adoption of a child from 
India, in the manner as provided in the adoption regulations framed by the Authority. 

(5)  On  the  receipt  of  the  application  of  such  prospective  adoptive  parents,  the  Authority  shall 
examine and if it finds the applicants suitable, then, it will refer the application to one of the Specialised 
Adoption Agencies, where children legally free for adoption are available. 

(6) The Specialised Adoption Agency will match a child with such prospective adoptive parents and 
send the child study report and medical report of the child to such parents, who in turn may accept the 
child and return the child study and medical report duly signed by them to the said agency. 

(7) On receipt of the acceptance of the child from the prospective adoptive parents, the Specialised 
Adoption  Agency  shall  file  an  application 1[before  the  District  Magistrate]  for  obtaining  the  adoption 
order, in the manner as provided in the adoption regulations framed by the Authority. 

(8) On the receipt of a certified copy of the 2[order passed by the District Magistrate], the specialised 
adoption  agency  shall  send  immediately  the  same  to  Authority,  State  Agency  and  to  the  prospective 
adoptive parents, and obtain a passport for the child. 

(9) The Authority shall intimate about the adoption to the immigration authorities of India and the 

receiving country of the child. 

(10) The prospective adoptive parents shall receive the child in person from the specialised adoption 

agency as soon as the passport and visa are issued to the child. 

(11)  The  authorised  foreign  adoption  agency,  or  Central  Authority,  or  the  concerned  Government 
department,  as  the  case  may  be,  shall  ensure  the  submission  of  progress  reports  about  the  child  in  the 
adoptive family and will be responsible for making alternative arrangement in the case of any disruption, 
in consultation with Authority and concerned Indian diplomatic mission, in the manner as provided in the 
adoption regulations framed by the Authority. 

(12)  A  foreigner  or  a  person  of  Indian  origin  or  an  overseas  citizen  of  India,  who  has  habitual 
residence in India, if interested to adopt a child from India, may apply to Authority for the same along 
with a no objection certificate from the diplomatic mission of his country in India, for further necessary 
actions as provided in the adoption regulations framed by the Authority. 

1. Subs. by Act 23 of 2021, s. 19, for “in the court” (w.e.f. 1-9-2022). 
2. Subs. by s. 19, ibid., for “court order” (w.e.f. 1-9-2022). 

33 

 
                                                           
60.  Procedure  for  inter-country  relative  adoption.—(1)  A relative  living  abroad,  who  intends to 
adopt a child from his relative in India shall obtain an order from the 1[District Magistrate] and apply for 
no objection certificate from Authority, in the manner as provided in the adoption regulations framed by 
the Authority. 

(2) The Authority shall on receipt of the order under sub-section (1) and the application from either 
the biological parents or from the adoptive parents, issue no objection certificate under intimation to the 
immigration authority of India and of the receiving country of the child. 

(3) The adoptive parents shall, after receiving no objection certificate under sub-section (2), receive 
the child from the biological parents and shall facilitate the contact of the adopted child with his siblings 
and biological parents from time to time. 

61. 2[Procedure for disposal of adoption proceedings].—(1) Before issuing an adoption order, the 

3[District Magistrate] shall satisfy itself that— 

(a) the adoption is for the welfare of the child; (b) due consideration is given to the wishes of the 
child  having  regard  to  the  age  and  understanding  of  the  child;  and  (c)  that  neither  the  prospective 
adoptive  parents  has  given  or  agreed  to  give  nor  the  specialised  adoption  agency  or  the  parent  or 
guardian of the child in case of relative adoption has received or agreed to receive any payment or 
reward in consideration of the adoption, except as permitted under the adoption regulations framed by 
the Authority towards the adoption fees or service charge or child care corpus. 

(2)  The  adoption  proceedings  shall  be  held  in  camera  and  the  case  shall  be  disposed  of  by  the 

4[District Magistrate] within a period of two months from the date of filing. 

62.  Additional  procedural  requirements  and  documentation.—(1) The documentation and other 
procedural  requirements,  not  expressly  provided  in  this  Act  with  regard  to  the  adoption  of  an  orphan, 
abandoned  and  surrendered  child  by  Indian  prospective  adoptive  parents  living  in  India,  or  by                        
non-resident  Indian  or  overseas  citizen  of  India  or  person  of  Indian  origin  or  foreigner  prospective 
adoptive parents, shall be as per the adoption regulations framed by the Authority. 

(2)  The  specialised  adoption  agency  shall  ensure  that  the  adoption  case  of  prospective  adoptive 
parents  is  disposed  of  within  four  months  from  the  date  of  receipt  of  application  and  the  authorised 
foreign  adoption agency,  Authority  and  State  Agency  shall  track  the progress of  the  adoption  case  and 
intervene wherever necessary, so as to ensure that the time line is adhered to. 

63.  Effect  of  adoption.—A  child  in  respect  of  whom  an  adoption  order  is  issued  by  the 5[District 
Magistrate],  shall  become  the  child  of  the  adoptive  parents,  and  the  adoptive  parents  shall  become  the 
parents  of  the  child  as  if  the  child  had  been  born  to  the  adoptive  parents,  for  all  purposes,  including 
intestacy, with effect from the date on which the adoption order takes effect, and on and from such date 
all the ties of the child in the family of his or her birth shall stand severed and replaced by those created 
by the adoption order in the adoptive family: 

Provided  that  any  property  which  has  vested  in  the  adopted  child  immediately  before  the  date  on 
which the adoption order takes effect shall continue to vest in the adopted child subject to the obligations, 
if  any,  attached  to  the  ownership  of  such  property  including  the  obligations,  if  any,  to  maintain  the 
relatives in the biological family. 

64. Reporting of adoption.—Notwithstanding anything contained in any other law for the time being 
in force, information regarding all adoption orders issued by the 6[District Magistrate], shall be forwarded 
to  Authority  on  monthly  basis  in  the  manner  as  provided  in  the  adoption  regulations  framed  by  the 
Authority, so as to enable Authority to maintain the data on adoption. 

1. Subs. by Act 23 of 2021, s. 20, for “court” (w.e.f. 1-9-2022). 
2. Subs. by s. 21, ibid., for the marginal heading (w.e.f. 1-9-2022). 
3. Subs. by s. 21, ibid., for “court” (w.e.f. 1-9-2022). 
4. Subs. by s. 21, ibid., for “court” (w.e.f. 1-9-2022). 
5. Subs. by s. 22, ibid., for “court” (w.e.f. 1-9-2022). 
6. Subs. by s. 23, ibid., for “concerned courts” (w.e.f. 1-9-2022). 

34 

 
                                                           
65.  Specialised  Adoption  Agencies.—(1)  The  State  Government  shall  recognise  one  or  more 
institutions or organisations in each district as a Specialised Adoption Agency, in such manner as may be 
provided in the adoption regulations framed by the Authority, for the rehabilitation of orphan, abandoned 
or surrendered children, through adoption and non-institutional care. 

(2) The State Agency shall furnish the name, address and contact details of the Specialised Adoption 
Agencies along with copies of certificate or letter of recognition or renewal to Authority, as soon as the 
recognition or renewal is granted to such agencies. 

(3) The State Government shall get every Specialised Adoption Agency inspected at least once in a 

year and take necessary remedial measures, if required. 

(4)  In  case  any  Specialised  Adoption  Agency  is  in  default  in  taking  necessary  steps  on  its  part  as 
provided  in  this  Act  or  in  the  adoption  regulations  framed  by  the  Authority,  for  getting  an  orphan  or 
abandoned or surrendered child legally free for adoption from the Committee or in completing the home 
study  report  of  the  prospective  adoptive  parents  or  in  obtaining  adoption  order  from  the  1 [District 
Magistrate] within the stipulated time, such Specialised Adoption Agency shall be punishable with a fine 
which  may  extend  up  to  fifty  thousand  rupees  and  in  case  of  repeated  default,  the  recognition  of  the 
Specialised Adoption Agency shall be withdrawn by the State Government. 

66. Adoption of children residing in institutions not registered as adoption agencies.—(1) All the 
institutions  registered  under  this  Act,  which  may  not  have  been  recognised  as  Specialised  Adoption 
Agencies,  shall  also  ensure  that  all  orphan  or  abandoned  or  surrendered  children  under  their  care  are 
reported,  produced  and  declared  legally  free  for  adoption,  by  the  Committee  as  per  the  provisions  of 
section 38. 

(2)  All  institutions  referred  to  in  sub-section  (1)  shall  develop  formal  linkages  with  nearby 
Specialised Adoption Agency and shall furnish details of the children declared legally free for adoption to 
that Specialised Adoption Agency along with all relevant records in the manner as may be prescribed, for 
the placement of such children in adoption. 

(3) If any such institution contravenes the provisions of sub-section (1) or sub-section (2), it shall be 
liable to fine of fifty thousand rupees for each instance to be imposed by the registering authority and it 
may also attract de-recognition in the event of persistent flouting of such provisions. 

67.  State  Adoption  Resource  Agency.—(1)  The  State  Government  shall  set  up  a  State  Adoption 
Resource  Agency  for  dealing  with  adoptions  and  related  matters  in  the  State  under  the  guidance  of 
Authority. 

(2) The State Agency, wherever already exists, shall be deemed to be set up under this Act. 

68.  Central  Adoption  Resource  Authority.—The  Central  Adoption  Resource  Agency  existing 
before the commencement of this Act, shall be deemed to have been constituted as the Central Adoption 
Resource Authority under this Act to perform the following functions, namely:— 

(a) to promote in-country adoptions and to facilitate inter-State adoptions in co-ordination with 

State Agency; 

(b) to regulate inter-country adoptions; 

(c) to frame regulations on adoption and related matters from time to time as may be necessary; 

(d) to carry out the functions of the Central Authority under the Hague Convention on Protection 

of Children and Cooperation in respect of Inter-country Adoption; 

(e) any other function as may be prescribed. 

69.  Steering  Committee  of  Authority.—(1)  The  Authority  shall  have  a  Steering  Committee  with 

following members: 

1. Subs. by Act 23 of 2021, s. 24, for “court” (w.e.f. 1-9-2022). 

35 

 
                                                           
(a)  Secretary,  Ministry  of Women  and  Child  Development,  Government  of  India,  who  shall  be 

the Chairperson—ex officio; 

(b) Joint  Secretary,  Ministry  of  Women  and  Child  Development,  Government  of  India,  dealing 

with Authority—ex officio; 

(c) Joint  Secretary,  Ministry  of  Women  and  Child  Development,  Government  of  India,  dealing 

with Finance—ex officio; 

(d) one State Adoption Resource Agency and two Specialised Adoption Agencies; 

(e) one adoptive parent and one adoptee; 

(f) one advocate or a professor having at least ten years of experience in family law; 

(g) Member-Secretary, who shall also be Chief Executive Officer of the organisation. 

(2)  Criteria  for  the  selection  or  nomination  of  the  Members  1[mentioned  at  clauses  (d)  to  (f)  of        

sub-section (1)], their tenure as well as the terms and conditions of their appointment shall be such as may 
be prescribed. 

(3) The Steering Committee shall have the following functions, namely:— 

(a) to oversee  the functioning  of  Authority  and  review  its  working  from  time  to  time  so  that  it 

operates in most effective manner; 

(b) to approve the annual budget, annual accounts and audit reports as well as the action plan and 

annual report of Authority; 

(c) to adopt the recruitment rules, service rules, financial rules of Authority as well as the other 
regulations for the exercise of the administrative and programmatic powers within the organisation, 
with the prior approval of the Central Government; 

(d) any other function that may be vested with it by the Central Government from time to time. 

(4) The Steering Committee shall meet once in a month in the manner as may be prescribed. 

(5) The Authority shall function from its headquarter and through its regional offices as may be set up 

as per its functional necessity. 

70.  Powers  of  Authority.—(1) For the efficient performance of its functions, Authority shall have 

the following powers, namely:— 

(a)  to  issue  instructions  to  any  Specialised  Adoption  Agency  or  a  Children  Home  or  any  child 
care  institution  housing  any  orphan,  abandoned  or  surrendered  child,  any  State  Agency  or  any 
authorised foreign adoption agency and such directions shall be complied by such agencies; 

(b) recommending to the concerned Government or Authority to take appropriate action against 
any  official  or  functionary  or  institution  under  its  administrative  control,  in  case  of  persistent  non-
compliance of the instructions issued by it; 

(c)  forwarding  any  case  of  persistent  non-compliance  of  its  instructions  by  any  official  or 
functionary  or  institution  to  a  Magistrate  having  jurisdiction  to  try  the  same  and  the  Magistrate  to 
whom any such case is forwarded shall proceed to hear the same as if the case has been forwarded to 
him under section 346 of the Code of Criminal Procedure, 1973 (2 of 1974); 

(d) any other power that may be vested with it by the Central Government. 

(2) In case of any difference of opinion in an adoption case, including the eligibility of prospective 

adoptive parents or of a child to be adopted, the decision of Authority shall prevail. 

71.  Annual  Report  of  Authority.—(1) The Authority shall submit an annual report to the Central 

Government in such manner as may be prescribed. 

1. Subs. by Act 4 of 2018, s. 3 and the second Schedule, for “mentioned at (d) to (f)” (w.e.f. 5-1-2018). 

36 

 
                                                           
(2) The Central Government shall cause the annual report of Authority to be laid before each House 

of Parliament. 

72.  Grants  by  Central  Government.—(1)  The  Central  Government  shall,  after  due  appropriation 
made by Parliament by law in this behalf, pay to the Authority by way of grants such sums of money as 
the Central Government may think fit for being utilised for performing the functions of Authority  under 
this Act. 

(2)  The  Authority  may  spend  such  sums  of  money  as  it  thinks  fit  for  performing  the  functions,  as 
prescribed under this Act, and such sums shall be treated as expenditure payable out of the grants referred 
to in sub-section (1). 

73. Accounts and audit of Authority.—(1) The Authority shall maintain proper accounts and other 
relevant records and prepare an annual statement of accounts in such form as may be prescribed by the 
Central Government in consultation with the Comptroller and Auditor-General of India. 

(2)  The  accounts  of  Authority  shall  be  audited  by  the  Comptroller  and  Auditor-General  at  such 
intervals as may be specified by him and any expenditure incurred in connection with such audit shall be 
payable by the Authority to the Comptroller and Auditor-General. 

(3) The  Comptroller  and Auditor-General and  any  person appointed  by  him  in  connection  with the 
audit of the accounts of the Authority under this Act shall, have the same rights and privileges and the 
Authority in connection with the audit of Government accounts and, in particular, shall have the right to 
demand the production of books, accounts, connected vouchers and other documents and papers and to 
inspect any of the offices of Authority. 

(4) The accounts of the Authority as certified by the Comptroller and Auditor-General or any other 
person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually 
to the Central Government by the Authority. 

(5)  The  Central  Government  shall  cause  the  audit  report  to  be  laid,  as  soon  as  may  be  after  it  is 

received, before each House of Parliament. 

CHAPTER IX 

OTHER OFFENCES AGAINST CHILDREN 

74. Prohibition on disclosure of identity of children.—(1) No report in any newspaper, magazine, 
news-sheet or audio-visual media or other forms of communication regarding any inquiry or investigation 
or judicial procedure, shall disclose the name, address or school or any other particular, which may lead to 
the identification of a child in conflict with law or a child in need of care and protection or a child victim 
or witness of a crime, involved in such matter, under any other law for the time being in force, nor shall 
the picture of any such child be published: 

Provided  that  for  reasons  to  be  recorded  in  writing,  the  Board  or  Committee,  as  the  case  may  be, 
holding the inquiry may permit such disclosure, if in its opinion such disclosure is in the best interest of 
the child. 

(2)  The  Police  shall  not  disclose  any  record  of  the  child  for  the  purpose  of  character  certificate  or 

otherwise 1[in the pending case or in the case which] has been closed or disposed of. 

(3) Any person contravening the provisions of sub-section (1) shall be punishable with imprisonment 

for a term which may extend to six months or fine which may extend to two lakh rupees or both. 

75.  Punishment  for  cruelty  to  child.—Whoever,  having  the  actual  charge  of,  or  control  over,  a 
child, assaults, abandons, abuses, exposes or wilfully neglects the child or causes or procures the child to 
be assaulted, abandoned, abused, exposed or neglected in a manner likely to cause such child unnecessary 
mental or physical suffering, shall be punishable with imprisonment for a term which may extend to three 
years or with fine of one lakh rupees or with both: 

1. Subs. by Act 23 of 2021, s. 25, for “in cases where the case” (w.e.f. 1-9-2022). 

37 

 
                                                           
Provided that in case it is found that such abandonment of the child by the biological parents is due to 
circumstances  beyond  their  control,  it  shall  be  presumed  that  such  abandonment  is  not  wilful  and  the 
penal provisions of this section shall not apply in such cases: 

Provided  further  that  if  such  offence  is  committed  by  any  person  employed  by  or  managing  an 
organisation,  which  is  entrusted  with  the  care  and  protection  of  the  child,  he  shall  be  punished  with 
rigorous imprisonment which may extend up to five years, and fine which may extend up to five lakhs 
rupees: 

Provided  also  that  on  account  of  the  aforesaid  cruelty,  if  the  child  is  physically  incapacitated  or 
develops a mental illness or is rendered mentally unfit to perform regular tasks or has risk to life or limb, 
such person shall be punishable with rigorous imprisonment, not less than three years but which may be 
extended up to ten years and shall also be liable to fine of five lakhs rupees. 

76. Employment of child for begging.—(1) Whoever employs or uses any child for the purpose of 
begging or causes any child to beg shall be punishable with imprisonment for a term which may extend to 
five years and shall also be liable to fine of one lakh rupees: 

Provided  that,  if  for  the  purpose  of  begging,  the  person  amputates  or  maims  the  child,  he  shall  be 
punishable with rigorous imprisonment for a term not less than seven years which may extend up to ten 
years, and shall also be liable to fine of five lakh rupees. 

(2)  Whoever,  having  the  actual  charge  of,  or  control  over  the  child,  abets  the  commission  of  an 
offence  under  sub-section  (1),  shall  be  punishable  with  the  same  punishment  as  provided  for  in  sub-
section  (1)  and  such  person  shall  be  considered  to  be  unfit  under  sub-clause  (v)  of  clause  (14)  of                  
section 2: 

Provided  that  the  said  child,  shall  not  be  considered  a  child  in  conflict  with  law  under  any 
circumstances,  and  shall  be  removed  from  the  charge  or  control  of  such  guardian  or  custodian  and 
produced before the Committee for appropriate rehabilitation. 

77.  Penalty  for  giving  intoxicating  liquor  or  narcotic  drug  or  psychotropic  substance  to  a 
child.—Whoever gives, or causes to be given, to any child any intoxicating liquor or any narcotic drug or 
tobacco products or psychotropic substance, except on the order of a duly qualified medical practitioner, 
shall be punishable with rigorous imprisonment for a term which may extend to seven years and shall also 
be liable to a fine which may extend up to one lakh rupees. 

78.  Using  a  child  for  vending,  peddling,  carrying,  supplying  or  smuggling  any  intoxicating 
liquor,  narcotic  drug  or  psychotropic  substance.—Whoever  uses  a  child,  for  vending,  peddling, 
carrying, supplying or smuggling any intoxicating liquor, narcotic drug or psychotropic substance, shall 
be liable for rigorous imprisonment for a term which may extend to seven years and shall also be liable to 
a fine up to one lakh rupees. 

79. Exploitation of a child employee.—Notwithstanding anything contained in any law for the time 
being  in  force,  whoever  ostensibly  engages  a  child  and  keeps  him  in  bondage  for  the  purpose  of 
employment or withholds his earnings or uses such earning for his own purposes shall be punishable with 
rigorous imprisonment for a term which may extend to five years and shall also be liable to fine of one 
lakh rupees. 

Explanation.—For  the  purposes  of  this  section,  the  term  “employment”  shall  also  include  selling 

goods and services, and entertainment in public places for economic gain. 

80. Punitive measures for adoption without following prescribed procedures.—If any person or 
organisation offers or gives or receives, any orphan, abandoned or surrendered child, for the purpose of 
adoption  without  following  the  provisions  or  procedures  as  provided  in  this  Act,  such  person  or 
organisation  shall  be  punishable  with  imprisonment  of  either  description  for  a  term  which  may  extend 
upto three years, or with fine of one lakh rupees, or with both: 

Provided in case where the offence is committed by a recognised adoption agency, in addition to the 
above punishment awarded to the persons in-charge of, and responsible for the conduct of the day-to-day 

38 

 
affairs of the adoption agency, the registration of such agency under section 41 and its recognition under 
section 65 shall also be withdrawn for a minimum period of one year. 

81. Sale and procurement of children for any purpose.—Any person who sells or buys a child for 
any purpose shall be punishable with rigorous imprisonment for a term which may extend to five years 
and shall also be liable to fine of one lakh rupees: 

Provided  that  where  such  offence  is  committed  by  a  person  having  actual  charge  of  the  child, 
including employees of a hospital or nursing home or maternity home, the term of imprisonment shall not 
be less than three years and may extend up to seven years. 

82. Corporal punishment.—(1) Any person in-charge of or employed in a child care institution, who 
subjects a child to corporal punishment with the aim of disciplining the child, shall be liable, on the first 
conviction,  to  a  fine  of  ten  thousand  rupees  and  for  every  subsequent  offence,  shall  be  liable  for 
imprisonment which may extend to three months or fine or with both. 

(2)  If  a  person  employed  in  an  institution  referred  to  in  sub-section  (1),  is  convicted  of  an  offence 
under  that  sub-section,  such  person  shall  also  be  liable  for  dismissal  from  service,  and  shall  also  be 
debarred from working directly with children thereafter. 

(3) In case, where any corporal punishment is reported in an institution referred to in sub-section (1) 
and the management of such institution does not cooperate with any inquiry or comply with the orders of 
the Committee or the Board or court or State Government, the person in-charge of the management of the 
institution shall be liable for punishment with imprisonment for a term not less than three years and shall 
also be liable to fine which may extend to one lakh rupees. 

83. Use of child by militant groups or other adults.—(1) Any non-State, self-styled militant group 
or outfit declared as such by the Central Government, if recruits or uses any child for any purpose, shall 
be liable for rigorous imprisonment for a term which may extend to seven years and shall also be liable to 
fine of five lakh rupees. 

(2) Any adult or an adult group uses children for illegal activities either individually or as a gang shall 
be liable for rigorous imprisonment for a term which may extend to seven years and shall also be liable to 
fine of five lakh rupees. 

84.  Kidnapping  and  abduction  of  child.—For the purposes of this Act, the provisions of sections 
359 to 369 of the Indian Penal Code (45 of 1860), shall mutatis mutandis apply to a child or a minor who 
is under the age of eighteen years and all the provisions shall be construed accordingly. 

85. Offences committed on disabled children.—Whoever commits any of the offences referred to in 
this Chapter on any child who is disabled as so certified by a medical practitioner, then, such person shall 
be liable to twice the penalty provided for such offence. 

Explanation.—For  the  purposes  of  this  Act,  the  term  “disability”  shall  have  the  same  meaning  as 
assigned  to  it  under  clause  (i)  of section  2 of  the  Persons  with  Disabilities  (Equal  Opportunities, 
Protection of Rights and Full Participation) Act, 1995 (1 of 1996). 

1[86  Classification  of  offences  and  designated  court.—  (1)  Where  an  offence  under  this  Act  is 
punishable with imprisonment for a term of more than seven years, then, such offence shall be cognizable 
and non-bailable. 

(2) Where an offence under this Act is punishable with imprisonment for a term of three years and 

above, but not more than seven years, then, such offence shall be non-cognizable and non-bailable. 

(3) Where an offence, under this Act is punishable with imprisonment for less than three years or with 

fine only, then, such offence shall be non-cognizable and bailable. 

(4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or the 
Commission  for  Protection  of  Child  Rights  Act,  2005  (4  of  2006)  or  the  Protection  of  Children  from 
Sexual Offences Act, 2012 (32 of 2012), offences under this Act shall be triable by the Children's Court.] 

1. Subs. by Act 23 of 2021, s. 26, for Section 86 (w.e.f. 1-9-2022). 

39 

 
                                                           
87.  Abetment.—Whoever  abets  any  offence  under  this  Act,  if  the  act  abetted  is  committed  in 

consequence of the abetment, shall be punished with the punishment provided for that offence. 

1[Explanation.—For  the  purposes  of  this  section,  the  expression  “abetment”  shall  have  the  same 

meaning as assigned to it in Section 107 of the Indian Penal Code (45 of 1860).] 

88. Alternative punishment.—Where an act or omission constitutes an offence punishable under this 
Act and also under any other law for the time being in force, then, notwithstanding anything contained in 
any  such  law,  the  offender  found  guilty  of  such  offence  shall  be  liable  for  punishment  under  such  law 
which provides for punishment which is greater in degree. 

89. Offence committed by child under this Chapter.—Any child who commits any offence under 

this Chapter shall be considered as a child in conflict with law under this Act. 

CHAPTER X 

MISCELLANEOUS 

90. Attendance of parent or guardian of child.—The Committee or the Board, as the case may be, 
before which a child is brought under any of the  provisions of this Act, may, whenever it so thinks fit, 
require  any  parent  or  guardian  having  the  actual  charge  of the  child to  be  present at  any  proceeding  in 
respect of that child. 

91. Dispensing with attendance of child.—(1) If, at any stage during the course of an inquiry, the 
Committee  or  the  Board  is  satisfied  that  the  attendance  of  the  child  is  not  essential  for  the  purpose  of 
inquiry, the Committee or the Board, as the case may be, shall dispense with the attendance of a child and 
limit  the  same  for  the  purpose  of  recording  the  statement  and  subsequently,  the  inquiry  shall  continue 
even in the absence of the child concerned, unless ordered otherwise by the Committee or the Board. 

(2) Where the attendance of a child is required before the Board or the Committee, such child shall be 
entitled to travel reimbursement for self and one escort accompanying the child as per actual expenditure 
incurred, by the Board, or the Committee or the District Child Protection Unit, as the case may be. 

92.  Placement  of  a  child  suffering  from  disease  requiring  prolonged  medical  treatment  in  an 
approved place.—When a child, who has been brought before the Committee or the Board, is found to 
be suffering from a disease requiring prolonged medical treatment or physical or mental complaint that 
will  respond  to  treatment,  the  Committee  or  the  Board,  as  the  case  may  be,  may  send  the  child  to  any 
place recognised as a fit facility as prescribed for such period as it may think necessary for the required 
treatment. 

93. Transfer of a child who is mentally ill or addicted to alcohol or other drugs.—(1) Where it 
appears to the Committee or the Board that any child kept in a special home or an observation home or a 
Children’s Home or in an institution in pursuance of the provisions of this Act, is a mentally ill person or 
addicted to alcohol or other drugs which lead to behavioural changes in a person, the Committee or the 
Board,  may  order  removal  of  such  child  to  a  psychiatric  hospital  or  psychiatric  nursing  home  in 
accordance with the provisions of the Mental Health Act, 1987 (14 of 1987) or the rules made thereunder. 

(2) In case the child had been removed to a psychiatric hospital or psychiatric nursing home under 
sub-section (1),  the  Committee  or  the  Board  may,  on  the  basis  of  the  advice  given  in  the  certificate  of 
discharge  of  the  psychiatric  hospital  or  psychiatric  nursing  home,  order  to  remove  such  child  to  an 
Integrated  Rehabilitation  Centre for  Addicts  or similar  centres  maintained  by  the  State  Government for 
mentally ill persons (including the persons addicted to any narcotic drug or psychotropic substance) and 
such removal shall be only for the period required for the inpatient treatment of such child. 

Explanation.—For the purposes of this sub-section,— 

(a) “Integrated Rehabilitation Centre for Addicts” shall have the meaning assigned to it under the 
scheme  called  “Central  Sector  Scheme  of  Assistance  for  Prevention  of  Alcoholism  and  Substance 
(Drugs) Abuse and for Social Defence Services” framed by the Central Government in the Ministry 
of Social Justice and Empowerment or any other corresponding scheme for the time being in force; 

1. Explanation subs. by Act 23 of 2021, s. 27, (w.e.f. 1-9-2022). 

40 

 
                                                           
(b) “mentally ill person” shall have the same meaning assigned to it in clause (l) of section 2 of 

the Mental Health Act, 1987 (14 of 1987); 

(c) “psychiatric hospital” or “psychiatric nursing home” shall have the same meaning assigned to 

it in clause (q) of section 2 of the Mental Health Act, 1987 (14 of 1987). 

94.  Presumption  and  determination  of  age.—(1)  Where,  it  is  obvious  to  the  Committee  or  the 
Board, based on the appearance of the person brought before it under any of  the provisions of this Act 
(other than for the purpose of giving evidence) that the said person is a child, the Committee or the Board 
shall record such observation stating the age of the child as nearly as may be and proceed with the inquiry 
under section 14 or section 36, as the case may be, without waiting for further confirmation of the age. 

(2)  In  case,  the  Committee  or  the  Board  has  reasonable  grounds  for  doubt  regarding  whether  the 
person brought before it is a child or not, the Committee or the Board, as the case may be, shall undertake 
the process of age determination, by seeking evidence by obtaining— 

(i) the date of birth certificate from the school, or the matriculation or equivalent certificate from 

the concerned examination Board, if available; and in the absence thereof; 

(ii) the birth certificate given by a corporation or a municipal authority or a panchayat; 

(iii) and only in the absence of (i) and (ii) above, age shall be determined by an ossification test or 
any  other  latest  medical  age  determination  test  conducted  on  the  orders  of  the  Committee  or  the 
Board: 

Provided such age determination test conducted on the order of the Committee or the Board shall be 

completed within fifteen days from the date of such order. 

(3) The age recorded by the Committee or the Board to be the age of person so brought before it shall, 

for the purpose of this Act, be deemed to be the true age of that person. 

95. Transfer of a child to place of residence.—(1) If during the inquiry it is found that a child hails 
from a place outside the jurisdiction, the Board or Committee, as the case may be, shall, if satisfied after 
due inquiry that it is in the best interest of the child and after due consultation with the Committee or the 
Board  of  the  child’s  home  district,  order  the  transfer  of  the  child,  as  soon  as  possible,  to  the  said 
Committee  or  the  Board,  along  with  relevant  documents  and  following  such  procedure  as  may  be 
prescribed: 

Provided that such transfer can be made in case of a child in conflict with law, only after the inquiry 

has been completed and final order passed by the Board: 

Provided further that in case of inter-State transfer, the child shall be, if convenient, handed over to 
the Committee or the Board, as the case may be, of the home district of the child, or to the Committee or 
the Board in the capital city of the home State. 

(2) Once the decision to transfer is finalised, the Committee or Board, as the case may be, shall give 
an escort order to the Special Juvenile Police Unit to escort the child, within fifteen days of receiving such 
order: 

Provided that a girl child shall be accompanied by a woman police officer: 

Provided further that where a Special Juvenile Police Unit is not available, the Committee or Board, 
as  the  case  may  be,  shall  direct  the  institution  where  the  child  is  temporarily  staying  or  District  Child 
Protection Unit, to provide an escort to accompany the child during travel. 

(3) The State Government shall make rules to provide for travelling allowance to the escorting staff 

for the child, which shall be paid in advance. 

(4) The Committee or the Board, as the case may be, receiving the transferred child will process for 

restoration or rehabilitation or social re-integration, as provided in this Act. 

96. Transfer of child between Children’s Homes, or special homes or fit facility or fit person in 
different  parts  of  India.—(1)  The  State  Government  may  at  any  time,  on  the  recommendation  of  a 
Committee or Board, as the case may be, notwithstanding anything contained in this Act, and keeping the 

41 

 
best interest of the child in mind, order the child’s transfer from any Children’s Home or special home or 
fit  facility  or  fit  person,  to  a  home  or  facility,  within  the  State  with  prior  intimation  to  the  concerned 
Committee or the Board: 

Provided  that  for  transfer  of  a  child  between  similar  home  or  facility  or  person  within  the  same 
district, the Committee or Board, as the case may be, of the said district shall be competent to issue such 
an order. 

(2) If transfer is being ordered by a State Government to an institution outside the State, this shall be 

done only in consultation with the concerned State Government. 

(3) The total period of stay of the child in a Children’s Home or a special home shall not be increased 

by such transfer. 

(4) Orders passed under sub-sections (1) and (2) shall be deemed to be operative for the Committee or 

the Board, as the case may be, of the area to which the child is sent. 

97.  Release  of  a  child  from  an  institution.—(1)  When  a  child  is  kept  in  a  Children’s  Home  or 
special home, on a report of a probation officer or social worker or of Government or a voluntary or non-
governmental organisation, as the case may be, the Committee or the Board may consider, the release of 
such child, either absolutely or on such conditions as it may think fit to impose, permitting the child to 
live  with  parents  or  guardian  or  under  the  supervision  of  any  authorised  person  named  in  the  order, 
willing to receive and take charge, educate and train the child, for some useful trade or calling or to look 
after the child for rehabilitation: 

Provided that if a child who has been released conditionally under this section, or the person under 
whose supervision the child has been placed, fails to fulfil such conditions, the Board or Committee may, 
if necessary, cause the child to be taken charge of and to be placed back in the concerned home. 

(2) If the child has been released on a temporary basis, the time during which the child is not present 
in the concerned home in pursuance of the permission granted under sub-section (1) shall be deemed to be 
part of the time for which the child is liable to be kept in the children or special home: 

Provided that in case of a child in conflict with law fails to fulfil the conditions set by the Board as 
mentioned  in  sub-section  (1),  the  time  for  which  he  is  still  liable  to  be  kept  in  the  institution  shall  be 
extended by the Board for a period equivalent to the time which lapses due to such failure. 

98. Leave of absence to a child placed in an institution.—(1) The Committee or the Board, as the 
case  may  be,  may  permit  leave  of  absence  to  any  child,  to  allow  him,  on  special  occasions  like 
examination,  marriage  of  relatives,  death  of  kith  or  kin  or  accident  or  serious  illness  of  parent  or  any 
emergency  of  like  nature,  under  supervision,  for  a  period  generally  not  exceeding  seven  days  in  one 
instance, excluding the time taken in journey. 

(2) The time during which a child is absent from an institution where he is placed, in pursuance of 
such permission granted under this section, shall be deemed to be part of the time for which he is liable to 
be kept in the Children’s Home or special home. 

(3) If a child refuses, or has failed to return to the Children’s Home or special home, as the case may 
be, on the leave period being exhausted or permission being revoked or forfeited, the Board or Committee 
may, if necessary, cause him to be taken charge of and to be taken back to the concerned home: 

Provided that when a child in conflict with law has failed to return to the special home on the leave 
period being exhausted or on permission being revoked or forfeited, the time for which he is still liable to 
be kept in the institution shall be extended by the Board for a period equivalent to the time which lapses 
due to such failure. 

99. Reports to be treated as confidential.—(1) All reports related to the child and considered by the 

Committee or the Board shall be treated as confidential: 

Provided that the Committee or the Board, as the case may be, may, if it so thinks fit, communicate 
the substance thereof to another Committee or Board or to the child or to the child’s parent or guardian, 

42 

 
and  may  give  such  Committee  or  the  Board  or  the  child  or  parent  or  guardian,  an  opportunity  of 
producing evidence as may be relevant to the matter stated in the report. 

(2) Notwithstanding anything contained in this Act, the victim shall not be denied access to their case 

record, orders and relevant papers. 

100. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall 
lie against the Central Government, or the State Government or any person acting under the directions of 
the Central Government or State Government, as the case may be, in respect of anything which is done in 
good faith or intended to be done in pursuance of this Act or of any rules or regulations made thereunder. 

101. Appeals.—(1) Subject to the provisions of this Act, any person aggrieved by an order made by 
the Committee or the Board under this Act may, within thirty days from the date of such order, prefer an 
appeal  to  the  Children’s  Court,  except  for  decisions  by  the  Committee  related  to  Foster  Care  and 
Sponsorship After Care for which the appeal shall lie with the District Magistrate: 

Provided that the Court of Sessions, or the District Magistrate, as the case may be, may entertain the 
appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented 
by  sufficient  cause  from  filing  the  appeal  in  time  and  such  appeal  shall  be  decided  within  a  period  of 
thirty days. 

(2) An appeal shall lie against an order of the Board passed after making the preliminary assessment 
into a heinous offence under section 15 of the Act, before the Court of Sessions and the Court may, while 
deciding the appeal, take the assistance of experienced psychologists and medical specialists other than 
those whose assistance has been obtained by the Board in passing the order under the said section. 

1[(3) No appeal shall lie from any order of acquittal made by the Board in respect of a child alleged to 
have committed an offence other than the heinous offence by a child who has completed or is above the 
age of sixteen years.]  

(4)  No  second  appeal  shall  lie from  any  order  of the Court  of  Session, passed  in  appeal  under  this 

section. 

(5)  Any  person  aggrieved  by  an  order  of  the  Children’s  Court  may  file  an  appeal  before  the  High 

Court in accordance with the procedure specified in the Code of Criminal Procedure, 1973 (2 of 1974). 

2[(6)  Any  person  aggrieved  by  an  adoption  order  passed  by  the  District  Magistrate  may,  within  a 
period of thirty days from the date of such order passed by the District Magistrate, file an appeal before 
the Divisional Commissioner. 

(7)  Every  appeal  filed  under  sub-section  (6),  shall  be  decided  as  expeditiously  as  possible  and  an 

endeavour shall be made to dispose it within a period of four weeks from the date of filing of the appeal: 

Provided that  where there is  no  Divisional  Commissioner,  the  State  Government  or  Union territory 
Administration, as the case may be, may, by notification, empower an officer equivalent to the rank of the 
Divisional Commissioner to decide the appeal.] 

102.  Revision.—The  High  Court  may,  at  any  time,  either  on  its  own  motion  or  on  an  application 
received  in  this  behalf,  call  for  the  record  of  any  proceeding  in  which  any  Committee  or  Board  or 
Children’s  Court,  or  Court  has  passed  an  order, for  the  purpose  of satisfying  itself  as  to  the  legality  or 
propriety 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. 

103. Procedure in inquiries, appeals and revision proceedings.—(1) Save as otherwise expressly 
provided by this Act, a Committee or a Board while holding any inquiry under any of the provisions of 
this Act, shall follow such procedure as may be prescribed and subject thereto, shall follow, as far as may 

1. Subs. by Act 23 of 2021, s. 28, for sub-section (3) (w.e.f. 1-9-2022). 
2. Ins. by s. 28, ibid. (w.e.f. 1-9-2022). 

43 

 
                                                           
be, the procedure laid down in the Code of Criminal Procedure, 1973 (2 of 1974) for trial of summons 
cases. 

(2)  Save  as  otherwise  expressly  provided  by  or  under  this  Act,  the  procedure  to  be  followed  in 
hearing appeals or revision proceedings under this Act shall be, as far as practicable, in accordance with 
the provisions of the Code of Criminal Procedure, 1973 (2 of 1974). 

104. Power of the Committee or the Board to amend its own orders.—(1) Without prejudice to 
the  provisions  for  appeal  and  revision  contained  in  this  Act,  the  Committee  or  the  Board  may,  on  an 
application received in this behalf, amend any orders passed by itself, as to the institution to which a child 
is to be sent or as to the person under whose care or supervision a child is to be placed under this Act: 

Provided that during the course of hearing for amending any such orders, there shall be at least two 
members of the Board of which one shall be the Principal Magistrate and at least three members of the 
Committee and all persons concerned, or their authorised representatives, whose views shall be heard by 
the Committee or the Board, as the case may be, before the said orders are amended. 

(2) Clerical mistakes in orders passed by the Committee or the Board or errors arising therein from 
any accidental slip or omission may, at any time, be corrected by the Committee or the Board, as the case 
may be, either on its own motion or on an application received in this behalf. 

105. Juvenile justice fund.—(1) The State Government may create a fund in such name as it thinks 

fit for the welfare and rehabilitation of the children dealt with under this Act. 

(2) There shall be credited to the fund such voluntary donations, contributions or subscriptions as may 

be made by any individual or organisation. 

(3)  The  fund  created  under  sub-section  (1)  shall  be  administered  by  the  Department  of  the  State 

Government implementing this Act in such manner and for such purposes as may be prescribed. 

106. State Child Protection Society and District Child Protection Unit.—Every State Government 
shall  constitute  a  Child  Protection  Society  for  the  State  and  Child  Protection  Unit  for  every  District, 
consisting  of  such  officers  and  other  employees  as  may  be  appointed  by  that  Government,  to  take  up 
matters  relating  to  children  with  a  view  to  ensure  the  implementation  of  this  Act,  including  the 
establishment  and  maintenance  of  institutions  under  this  Act,  notification  of  competent  authorities  in 
relation  to  the  children  and  their  rehabilitation  and  co-ordination  with  various  official  and  non-official 
agencies concerned and to discharge such other functions as may be prescribed. 

107. Child Welfare Police Officer and Special Juvenile Police Unit.—(1) In every police station, at 
least  one  officer,  not  below  the  rank  of  assistant  sub-inspector,  with  aptitude,  appropriate  training  and 
orientation may be designated as the child welfare police officer to exclusively deal with children either 
as  victims  or  perpetrators,  in  co-ordination  with  the  police,  voluntary  and  non-governmental 
organisations. 

(2) To  co-ordinate  all  functions  of  police  related  to  children, the  State  Government  shall constitute 
Special Juvenile Police Units in each district and city, headed by a police officer not below the rank of a 
Deputy  Superintendent  of  Police  or  above  and  consisting  of  all  police  officers  designated  under  sub-
section (1) and two social workers having experience of working in the field of child welfare, of whom 
one shall be a woman. 

(3)  All  police  officers  of  the  Special  Juvenile  Police  Units  shall  be  provided  special  training, 
especially  at  induction  as  child  welfare  police  officer,  to  enable  them  to  perform  their  functions  more 
effectively. 

(4) Special Juvenile Police Unit also includes Railway police dealing with children. 

108.  Public  awareness  on  provisions  of  Act.—The  Central  Government  and  every  State 

Government, shall take necessary measures to ensure that— 

(a) the provisions of this Act are given wide publicity through media including television, radio 
and  print  media  at  regular  intervals  so  as  to  make  the  general  public,  children  and  their  parents  or 
guardians aware of such provisions; 

44 

 
(b) the officers of the Central Government, State Government and other concerned, persons are 
imparted periodic training on the matters relating to the implementation of the provisions of this Act. 

109. Monitoring of implementation of Act.—(1) The National Commission for Protection of Child 
Rights constituted under section 3, or as the case may be, the State Commission for Protection of Child 
Rights  constituted  under section  17 (herein  referred  to  as  the  National  Commission  or  the  State 
Commission,  as  the  case  may  be),  of  the  Commissions  for  Protection  of  Child  rights  Act,  2005                    
(4  of  2006),  shall,  in  addition  to  the  functions  assigned  to  them  under  the  said  Act,  also  monitor  the 
implementation of the provisions of this Act, in such manner, as may be prescribed. 

(2) The  National  Commission  or,  as  the  case  may  be,  the  State  Commission, shall,  while inquiring 
into any matter relating to any offence under this Act, have the same powers as are vested in the National 
Commission or the State Commission under the Commissions for Protection of Child Rights Act, 2005 (4 
of 2006). 

(3)  The  National  Commission  or,  as  the  case  may  be,  the  State  Commission,  shall  also  include  its 
activities  under  this  section,  in  the  annual  report  referred  to  in section  16 of  the  Commissions  for 
Protection of Child Rights Act, 2005 (4 of 2006). 

110. Power to make rules.—(1) The State Government shall, by notification in the Official Gazette, 

make rules to carry out the purposes of this Act: 

Provided that the Central Government may, frame model rules in respect of all or any of the matters 

with respect to which the State Government is required to make rules and where any such model rules 
have been framed in respect of any such matter, they shall apply to the State mutatis mutandis until the 
rules in respect of that matter are made by the State Government and while making any such rules, they 
conform to such model rules. 

(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) manner of inquiry in case of a missing or run away child or whose parents cannot be found 

under sub-clause (vii) of clause (14) of section 2; 

(ii) responsibilities of the Child Welfare Officer attached to a Children’s Home under clause (17) 

of section 2; 

(iii) qualifications of the members of the Board under sub-section (2) of section 4; 

(iv)  induction  training  and  sensitisation  of  all  members  of  the  Board  under  sub-section  (5)  of 

section 4; 

(v) term of office of the members of the Board and the manner in which such member may resign 

under sub-section (6) of section 4; 

(vi) 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 (1) of section 7; 

(vii) qualifications, experience and payment of fees of an interpreter or translator under clause (d) 

of sub-section (3) of section 8; 

(viii) any other function of the Board under clause (n) of sub-section (3) of section 8; 

(ix) persons through whom any child alleged to be in conflict with law may be produced before 
the Board and the manner in which such a child may be sent to an observation home or place of safety 
under sub-section (2) of section 10; 

(x) manner in which a person apprehended and not released on bail by the officer-in-charge of the 
police station may be kept in an observation home until such person is brought before a Board under 
sub-section (2) of section 12; 

(xi) format for information on pendency in the Board to the Chief Judicial Magistrate or the Chief 

Metropolitan  Magistrate  and  District  Magistrate  on  quarterly  basis  under  sub-section  (3)  of                       
section 16; 

45 

 
(xii) monitoring procedures and list of monitoring authorities under sub-section (2) of section 20; 

(xiii) manner in which the relevant records of the child may be destroyed by the Board, police or 

the court under sub-section (2) of section 24; 

(xiv)  qualifications  of  the  members  of  the  Child  Welfare  Committee  under  sub-section  (5)  of 

section 27;  

1[(xiva) the form of report submitted to the District Magistrate under sub-section (8) of Section 

27;] 

(xv)  rules  and  procedures  with  regard  to  transaction  of  business  at  the  meetings  of  the  Child 

Welfare Committee under sub-section (1) of section 28; 

(xvi)  process  of  restoration  of  abandoned  or  lost  children  to  their  families  under  clause  (x)  of 

section 30; 

(xvii) manner of submitting the report to the Committee and the manner of sending and entrusting 

the child to Children’s Home or fit facility or fit person under sub-section (2) of section 31; 

(xviii)  manner  of  holding  an  inquiry  by  the  Child  Welfare  Committee  under  sub-section  (1)  of 

section 36; 

(xix) manner in which a child may be sent to a Specialised Adoption Agency if the child is below 
six years of age, Children’s Home or to a fit facility or person or foster family, till suitable means of 
rehabilitation  are  found  for  the  child  including  manner  in  which  situation  of  the  child  placed  in  a 
Children’s Home or with a fit facility or person or foster family, may be reviewed by the Committee 
under sub-section (3) of section 36; 

(xx)  manner  in  which  a  quarterly  report  may  be  submitted  by  the  Committee  to  the  District 

Magistrate for review of pendency of cases under sub-section (4) of section 36; 

(xxi)  any  other  order  related  to  any  other  function  of  the  Committee  under  clause  (iii)  of                      

sub-section (2) of section 37; 

(xxii)  information  to  be  given  every  month  by  the  Committee  to  State  Agency  and  Authority 
regarding number of children declared legally free for adoption and number of cases pending under 
sub-section (5) of section 38;  

1[(xxiia)  the  form  of  quarterly  report  regarding  restored,  dead  and  runaway  children  under           

sub-section (4) of Section 40;] 

(xxiii) manner in which all institutions under this Act shall be registered under sub-section (1) of 

section 41; 

(xxiv)  procedure  for cancelling  or  withholding  registration  of an institution  that fails  to  provide 

rehabilitation and re-integration services under sub-section (7) of section 41; 

(xxv) manner in which information shall be sent every month by the open shelter to the District 

Child Protection Unit and Committee under sub-section (3) of section 43; 

(xxvi)  procedure  for  placing  children  in  foster  care  including  group  foster  care  under                       

sub-section (1) of section 44; 

(xxvii) procedure for inspection of children in foster care under sub-section (4) of section 44; 

(xxviii) manner in which foster family shall provide education, health and nutrition to the child 

under sub-section (6) of section 44; 

(xxix) procedure and criteria in which foster care services shall be provided to children under sub-

section (7) of section 44; 

1. Ins. by Act 23 of 2021, s. 29 (w.e.f. 1-9-2022). 

46 

 
                                                           
(xxx)  format  for  inspection  of  foster  families  by  the  Committee  to  check  the  well  being  of 

children under sub-section (8) of section 44; 

(xxxi) purpose of undertaking various programmes of sponsorship of children, such as individual 
to  individual  sponsorship,  group  sponsorship  or  community  sponsorship  under  sub-section  (1)  of 
section 45; 

(xxxii) duration of sponsorship under sub-section (3) of section 45; 

(xxxiii)  manner  of  providing  financial  support  to  any  child  leaving  institutional  care  on 

completing eighteen years of age under section 46; 

(xxxiv)  management  and  monitoring  of  observation  homes,  including  the  standards  and  various 
types of services to be provided by them for rehabilitation and social integration of a child alleged to 
be in conflict with law and the circumstances under which, and the manner in which, the registration 
of an observation home may be granted or withdrawn under sub-section (3) of section 47; 

(xxxv) management and monitoring of special homes including the standards and various types of 

services to be provided to them under sub-section (2) and sub-section (3) of section 48; 

(xxxvi) monitoring and management of children’s homes including the standards and the nature of 
services to be provided by them, based on individual care plans for each child under sub-section (3) 
of section 50; 

(xxxvii)  manner  in  which  a  Board  or  the  Committee  shall  recognise,  a  facility  being  run  by  a 
Governmental organisation or a voluntary or non-governmental organisation registered under any law 
for the time being in force, fit to temporarily take the responsibility of a child for a specific purpose 
after due inquiry regarding the suitability of the facility and the organisation to take care of the child 
under sub-section (1) of section 51; 

(xxxviii)  procedure  of  verification  of  credentials,  for  recognising  any  person  fit  to  temporarily 
receive a child for care, protection and treatment of such child for a specified period by the Board or 
the Committee under sub-section (1) of section 52; 

(xxxix)  manner  in  which  services  shall  be  provided  by  an  institution  under  this  Act  for 
rehabilitation and re-integration of children and standards for basic requirements such as food, shelter, 
clothing and medical attention under sub-section (1) of section 53; 

(xl) manner in which Management Committee shall be set up by each institution for management 

of the institution and monitoring of the progress of every child under sub-section (2) of section 53; 

(xli) activities that may be taken up by children’s committees under sub-section (3) of section 53; 

(xlii) appointment of inspection committees for all institutions registered or recognised fit, for the 

State and district under sub-section (1) of section 54; 

(xliii) manner in which Central Government or State Government may independently evaluate the 
functioning  of  the  Board,  Committee,  special  juvenile  police  units,  registered  institutions,  or 
recognised  fit  facilities  and  persons,  including  the  period  and  through  persons  or  institutions  under 
sub-section (1) of section 55; 

(xliv)  manner  in  which  institutions  shall  furnish  details  of  children  declared  legally  free  for 

adoption to the Specialised Adoption Agency under sub-section (2) of section 66; 

(xlv) any other function of the Authority under clause (e) of section 68; 

(xlvi) criteria for the selection or nomination of the Members of the Steering Committee of the 

Authority  and  their  tenure  as  well  as  the  terms  and  conditions  of  their  appointment  under                         
sub-section (2) of section 69; 

(xlvii) manner in which Steering Committee of the Authority shall meet under sub-section (4) of 

section 69; 

47 

 
(xlviii) manner in which the Authority shall submit an annual report to the Central Government 

under sub-section (1) of section 71; 

(xlix) functions of the Authority under sub-section (2) of section 72; 

(l) manner in which the Authority shall maintain proper accounts and other relevant records and 

prepare an annual statement of accounts under sub-section (1) of section 73; 

(li) period that the Committee or Board may think necessary for the treatment of children who are 
found  to  be  suffering  from  a  disease  requiring  prolonged  medical  treatment  or  physical  or  mental 
complaint that will respond to treatment to a fit facility under section 92; 

(lii) procedure for transfer of child under sub-section (1) of section 95; 

(liii) provision for travelling allowance to the escorting staff for the child under sub-section (3) of 

section 95; 

(liv) procedure to be followed by the Committee or a Board while holding any inquiry, appeal or 

revision under sub-section (1) of section 103; 

(lv)  manner  in  which  juvenile  justice  fund  shall  be  administered  under  sub-section  (3)  of                

section 105; 

(lvi) functioning of the Child Protection Society for the State and Child Protection Units for every 

district under section 106; 

(lvii) to enable the National Commission, or as the case may be, the State Commission to monitor 

implementation of the provisions of this Act under sub-section (1) of section 109; 

(lviii) any other matter which is required to be, or may be, prescribed. 

(3) Every rule and every regulation made under this Act shall be laid, as soon as may be after it is 
made, before each House of Parliament, while it is in session, for a total period of thirty days which may 
be comprised in one session or in two or more successive sessions, and if, before the expiry of the session 
immediately following the session or the successive sessions aforesaid, both Houses agree in making any 
modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, 
the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case 
may be; so, however, that any such modification or annulment shall be without prejudice to the validity of 
anything previously done under that rule or regulation. 

(4) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is 

made, before the State Legislature. 

111.  Repeal  and  savings.—(1)  The  Juvenile  Justice  (Care  and  Protection  of  Children)  Act,  2000                 

(56 of 2000) is hereby repealed. 

(2)  Notwithstanding  such  repeal,  anything  done  or  any  action  taken  under  the  said  Acts  shall  be 

deemed to have been done or taken under the corresponding provisions of this Act. 

112. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of 
this Act, the Central Government may, by order, not inconsistent with the provisions of this Act, remove 
the difficulty: 

Provided  that  no  such  order  shall  be  made  after  the  expiry  of  the  period  of  two  years  from  the 

commencement of this Act. 

(2) However, order made under this section shall be laid, as soon as may be after it is made, before 

each House of Parliament. 

48 

 
