Juvenile Justice (Care and Protection of Children) Act, 2015, Section 101, Juvenile Justice (Care and Protection of Children) Model Rules, 2016, Rule 13 -- Words `Children's Court' and `Court of Sessions' in JJ Act and JJ Rules shall be read interchangeably - Primarily jurisdiction vests in the Children's Court - However, in the absence of constitution of such Children's..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 101(2), 15 -- Appeal - Order passed u/s 15 of the Act - Appeal can be filed within a period of 30 days - However, appellate Court can entertain the appeal after the expiry of said period, provided sufficient cause is shown...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 9(2) -- Plea of juvenility - S.9(2) Proviso of the Act enumerates that plea of juvenility may be raised before any Court and it shall be recognized at any stage, even after final disposal of the case...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 9(2) -- Plea of juvenility - Proper inquiry in accordance with the provisions of the Act was not carried out so as to consider the prayer made by accused to be treated as juvenile on the date of incident even though the plea was raised at the earliest opportunity - Plea of juvenility raised by accused..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 2(13) -- Child in conflict with law - Child can be an offender of sexual offences as defined in POCSO Act...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 2(13) -- Child in conflict with law - If offender is a child in conflict with law, for the offences under POCSO Act or under any other statue, he cannot be tried in the ordinary criminal Court, but shall be inquired into only by a Juvenile Justice Board...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Juvenile - Mode of determination of age - Date of birth certificate from school stands at highest pedestal - Whereas ossification test has been kept at the last rung to be considered only in the absence of both certificate from school and birth certificate issued by Corporation/Municipal..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 101 -- Appeal - Order passed by Child Welfare Committee (CWC) - Appeal shall lie to children Court against all the orders passed by CWC except where order has been passed relating to foster care or sponsorship foster care...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 104 -- Child Welfare Committee (CWC) - CWC has power to review or revise its own order where circumstances prompt for such an action or where any new development takes place, compelling it to take a different view - Such powers have been vested in CWC notwithstanding the powers of appellate Court or..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 101 -- Appeal - Order passed by Child Welfare Committee - Appeal shall lie to children Court against all orders passed by Child Welfare Committee except where order has been passed relating to foster care or sponsorship foster care...........
