JOURNAL OF THE NATIONAL HUMAN RIGHTS COMMISSION, INDIA VOL. 21, 2022 3. Juvenile Justice (Care & Protection of Children) Act, 2015 (JJ Act, 2015)11 The JJ Act, 2015 deals with two categories of children — those who are in conflict with the law (‘CICL’),12 and those who need care and protection (‘CNCP’).13 The Act has several positive provisions, like change in nomenclatures to remove negative connotations; inclusion of several new definitions, such as orphaned, abandoned and surrendered children; setting timelines for inquiry by the Juvenile Justice Board; inclusion of new offences committed against children and mandatory registration of Child Care Institutions. The most controversial provision is the introduction of the provision of ‘transfer of cases’ of children aged between 16 and 18 years involved in heinous offences. After a preliminary assessment, such children are pushed into the adult criminal justice system. Various types of offences committed by children in conflict with law have been defined under the JJ Act, 2015.14 The classification of offences is based on the severity and duration of punishment,15 and a ‘heinous’ offence is one that entails a minimum punishment of imprisonment for seven years. Any minor in the age group of 16–18, who has been accused of committing a heinous 11 12 13 14 The Juvenile Justice (Care and Protection of Children) Act, 2015 adopted by the Government of India takes a holistic approach towards protecting the rights of the children by providing for proper care, protection, development, treatment and social re-integration of children in difficult circumstances by adopting a child-friendly approach. “Child in Conflict with Law” has been defined under Section 2 (13) of the Juvenile Justice (Care & Protection of Children) Act, 2015 as a child, who is alleged or found to have committed an offence and has not completed eighteen years of age on the date of commission of such offence. Section 27 JJ Act, 2015 defines Child Welfare Committee. It states that 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. 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. The various types of offences are classified as 1. Petty offences: Petty offences include the offences for which the maximum punishment under the Indian Penal Code or any other law for the time being in force is imprisonment up to three years. 2. Serious offences includes the offences for which the punishment under the Indian Penal Code 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 (b) maximum imprisonment for a term more than seven years but no minimum imprisonment or minimum imprisonment of less than seven years is provided. 15 50 3. Heinous Offences: Heinous offences committed by children in conflict with law include the offences for which the minimum punishment under the Indian Penal Code or any other law for the time being in force is imprisonment for seven years or more. Sec. 86 JJ Act, 2015, 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 or the Commission for Protection of Child Rights Act, 2005 or the Protection of Children from Sexual Offences Act, 2012, offences under this Act shall be triable by the Children’s Court.